Loading...
HomeMy WebLinkAboutState Street Bulkhead JUDITH T.TERRY ��O OGy Town Hall, 53095 Main Road TOWN CLERK cm coo P.O. Box 1179 REGISTRAR OF VITAL STATISTICS O Southold,New York 11971 MARRIAGE OFFICER y� 0`� Fax(516) 765-1823 RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 24, 1997: RESOLVED that the Town, Board of the Town of Southold hereby accepts the bid of James H. Rambo, Inc. , in the amount of $25,000.00, to furnish all labor, materials and equipment as required for the construction of the Bulkhead Replacement at the road end of State Street (Skipper's Lane) , Orient, New York, all in accordance with the bid specifications. Judith T.Terry Southold Town Cleric June 25, 1997 t , NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTICE OF INCOMPLETE APPLICATION - THIS IS NOT A PERMIT APPLICANT: OWNER ID NUMBER: 07250 SOUTHOLD - T 53095 MAIN RD SOUTHOLD, NY 11971 APPLICATION ID: 1-4738-00589/00001-0 BATCH NUMBER: 138118 PERMITS APPLIED FOR: 1 ARTICLE 25: TIDAL WETLANDS FACILITY/PROJECT: SOUTHOLD TOWN PROPERTY PROJECT IS LOCATED IN SOUTHOLD IN SUFFOLK COUNTY. Your Application for Permit is Incomplete, the Following Items are Required: ■ Completed Part I of the Long Environmental Assessment Form (enclosed). ■ Survey map showing the Freshwater or Tidal Wetland boundary at the project location ( 1 copies). o The project is being reviewed pursuant to the State Environmental Quality Review Act (SEAR). A designation of Lead Agency and a determination of significance for the purposes of SEQR are necessary. before your application can be considered complete. ■ The correct fee was not submitted. Please submit a check or money order payable to the New York State Department of Environmental Conservation for $TO BE DETERM i ry lJ' Additional Information: -`14P /kSE t/tSC IN- KITING AS TO THE AMOUNT (IN CUBIC YARDS) OF FILL MATERIAL WHICH IS GOINCr�'T0 BE REQUIRED: 2:PLE-ASE SUBMIT 4 COP-IES-OF A CROSS-SECTION PLAN DEPICTING THE FILLING 9T BOTH TwME BULKLIEAD_AND-THE RIP-RAP AREA. ENCLOSED FOR YOUR REFERENCE IS A COPY OF THE TIDAL WETLANDS APPLICANTS GUIDE WITH SAMPLE PLANS IN THE BACK..PLEASE INCLUDE ALL APPROPRIATE ITEMS IN YOUR CROSS-SECTIONS. NO FURTHER ACTION CAN BE TAKEN UNTIL ALL OF THESE MATERIALS ARE RECEIVED CONTACT PERSON: LAURA J SCOVAZZO SIGNATURE: NYS DEPT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS DATE: 09/18/92 REGION I STONY BROOK SUNY CAMPUS,BLDG 40,ROOM 219 TELEPHONE NUMBER: 51 6-751-7900 STONY BROOK NEW YORK 1 1790-2356 • �4.c .,-- .sue-s;� a� ',.. I �•Jf �}�_r _� • j � �T`I^2 ,• 1 `1�'1"'�e �F- tiAI 1�( A 1 cif,r SY ✓ ,�i��_-��� _ _ ul T- ....�� r T •U yi4���' 4 • .a p 1A L• ' y c b 4 _ j a a. East end of bulkhead R � ORIENT HARBOR Area where fill will Vkhead Stone & Gravel Asphalt Road Rip-Rap NORTH r State Street 4.1 -'(Skippers Lane) f; � MLW Road shoulder Concrete Seawall MHW Property N/F of Property N/F of Mary Jane Hicks Douglas Wainer Proposed Bulkhead Repair at the end of Skippers Lane, Orient Scale 1" _ 20' Prepared by Jim McMahoi on 8/10/92 for the Town of Southold 50� gOW d PROPERTY PROPERTY Now or Formerly �N N Now or Formerly MARY JANE HICKS DOUGLAS WAINER LINE OF EXISTING BLUFF —� '� • EXISTING CONCRETE - SEAWALL MHW — EXISTING STONE & GRAVEL AREA MLW AREA BEHIND EXISTING BULKHEAD - - - - - - - - - TO BE BACKFILLED WITH NEW SAND & GRAVEL. 3 EXISTING CONCRETE ( 40 Yds. ) +/- RIP-RAP. - BACKFILL WITH NEW RIP-RAP, SAND EXISTING BULKHEAD AND GRAVEL. ( 20 Yds.3) PROPOSED BACKFILL EXISTING BULKHEAD - & BULKHEAD REPAIR PROVIDE NEW 3/4" MARINE PLYWOOD BEHIND EXISTING SKIPPERS LANE SHEETING AS REQUIRED ORIENT, NEW YORK 50' ROW DATE: 9/23/92 ORIENT HARBOR PAGE:. 1 of 2 SITE PLAN PREPARED 'BY: SCALE 1"=30.0' JAMES A. RICHTER 12' -- 0" MAX. EXISTING BULKHEAD AREA TO BE BACKFILLED WITH SAND & GRAVEL. o ' MHW EXISTING STONE & - - - - - - GRAVEL. `l I MLW PROVIDE NEW 3/4" MARINE - - - " - - PLYWOOD AS REQUIRED. PROPOSED BACKFILL & BULKHEAD REPAIR SKIPPERS LANE BULKHEAD SECTION ORIENT, NEW YORK NTS DATE: 9/23/92 PAGE: 2 of 2 PREPARED BY: JAMES A. RICHTER 12' - 0" MAX. EXISTING BULKHEAD AREA TO BE BACKFILLED WITH.SAND & GRAVEL. ' ' Q MHW, i - _ - - _ EXISTING STONE & GRAVEL. MLW PROVIDE NEW 3/4" MARINE - - _ - - PLYWOOD AS REQUIRED. PROPOSED BACKFILL & BULKHEAD REPAIR SKIPPERS LANE ORIENT, NEW YORK NTS DATE: 9/23/92 PREPARED BY: JAMES A. RICHTER 12' - 0" MAX. EXISTING BULKHEAD AREA TO BE BACKFILLED WITH SAND 6 GRAVEL. 0 MHW EXISTING STONE 6 y-- --- GRAVEL. I MLW PROVIDE NEW 3/4" MARINE --- --- PLYWOOD AS REQUIRED. PROPOSED BACKFILL 6 BULKHEAD REPAIR SKIPPERS LANE BULKHEAD SECTION . ORIENT, NEW YORK NTS DATE: 9/23/92 PREPARED BY: JAMES A. RICHTER • 50' gOW • 0, s cn�. PROPERTY PROPERTY ,: Now.or Formerly N Now or Formerly . MARY 'JANE HICKS DOUGLAS WAINER LINE OF EXISTING BLUFF • EXISTING CONCRETE SEAWALL MHW7.7 - - - - - - ;\ EXISTING STONE & GRAVEL AREA MLW AREA BEHIND EXISTING BULKHEAD TO BE BACKFILLED WITH .NEW SAND & GRAVEL. EXISTING CONCRETE RIP—RAP. '— BACKFILL.. 1 WITH NEW RIP—RAP,• SAND- EXISTING BULKHEAD AND GRAVEL. PROPOSED BACKFILL . EXISTING BULKHEAD — & BULKHEAD REPAIR PROVIDE NEW 3/4" MARINE PLYWOOD BEHIND EXISTING SKIPPERS LANE , SHEETING AS REQUIRED ORIENT, NEW YORK 50' ROW DATE: 9/23/92 ORIENT HARBOR PREPARED BY: SCALE 1"=30.0' JAMES A. RIGHTER 50. gOW \HICKS �PROPER cn PROPERTY Now or mNow 0r FormerlyMARY J DOUGLAS WAINER c�+ d ,a LINE OF EXISTING BLUFF • EXISTING CONCRETE SEAWALL MHW ` EXISTING STONE & GRAVEL AREA MLW AREA BEHIND EXISTING BULKHEAD --—— ——— ——— TO BE BACKFILLED WITH NEW SAND & GRAVEL. EXISTING CONCRETE RIP—RAP. — BACKFILL 1 WITH NEW RIP—RAP, SAND EXISTING BULKHEAD AND GRAVEL. PROPOSED BACKFILL EXISTING BULKHEAD 0 & BULKHEAD REPAIR PROVIDE NEW 3/4" MARINE PLYWOOD BEHIND EXISTING SKIPPERS LANE SHEETING AS REQUIRED ORIENT, NEW YORK 50' ROW DATE: 9/23/92 ORIENT HARBOR SITE PLAN PREPARED BY: SCALE 1"=30.0' JAMES A. RICHTER l'2Af c) 6��N� �iuLKK6rao ` r COYFsR ®vsp- Qot4c, 'ao'. 3.%o. s�. qb %fo 53 n.. $ETva6�N N.1►�, C3LUFF 4G V b r'c 1fl ��,x3coI; = t10 � r- o . 3- 2 —F —�--+ --� Q (c .Q Q. �\ 4(1 co OPP15>1 j,. • � s O SEE SEC. Na ! 32 O w f -1 1 v 'U -� I I _• 1 Qb 9 y� f� f r . s 9� f ,j 4, I �I 2�{ � f a 1 � i 1 . •, s �� `! �� � ' '� . '� e � � ,� � ...--. e .. .: � . t_ ,...�_�-•. .. - .,tom_�i d ' 4 "�r,•.y�4 � .t,`}� ' yr: ,.ju,VAN 1. � .mac _—�!" .•'�;,,�, ► - � .T�•`^, ,. ,.. 'i • �• ti '�l AUG 06 '97 08:24AM SOUTHOLD TOWN HALL 516 765 1823 P.1 JUDITH T.TERRY Town Hall,58095 Main Road TOWN CLERKve = P.O.Box 1179 REGISTRAR OF VITAL STATISTICS O Southold,New York 11871 MARRIAGE OFFICER Fax(616)765-1823 RECORDS MANAGENIE OFFICER O1 �a4� Telephone(516)766-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 24, 1997: RESOLVED that 'the Town Board of the Town of Southold hereby accepts the bicl of James H. Rambo, Inc. , in the amount of S2S,000.00, to furnish all labor, materials and equipment as required for the construction of the Bulkhead Replacement at the road end of State Street (Skipper's Lane), Orient, New York, all in accordance with the bid specifications. J udith T. Tfrry Southold Town Clerk June 2S, 1997 o�o$uFFot,��o RAYMOND L. JACOBS CO Gyp JAMES A. RICHTER, R.A. SUPERINTENDENT i ENGINEER SOUTHOLD TOWN HIGHWAY DEPARTMENT Oy� ao�� TOWN OF SOUTHOLD Fax. (516)-765-1750 '� Tel.(516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD AUGUST 5, 1997 Mr. Raymond L. Jacobs Superintendent - Southold Town Highway Peconic Lane, P.O. Box 178 Peconic, New York 11958 Re: BULKHEAD RECONSTRUCTION State Street (Skippers Lane), Orient, N.Y. Dear Ray: As per your. request, I have performed a final inspection for the bulkhead replacement project at the end of State Street in Orient. The contractor for this project was James H. Rambo, Inc. The specified work for the above referenced bulkhead reconstruction project was outlined on the plan and in bid documents dated 5/20/97. As of this date, all of this work has been completed in a satisfactory manner. The project site has been left clean and virtually free of debris. At this time, I would recommend acceptance of the work. Sincerely, James A. Richter, R.A. .......... aaa port lumber corp. V. W P.O. BOX 1033, 101 KROEMER AVE. RIVERHEAD, NY 11901 Certificate No. 9 7 0 7 2 9 CERTIFICATE OF TREATMENT fl This is to certify that the material hereafterdescribed in invoice 52949/530 1 has been manufactured in accordance with SOUTHERN PIKE TNspp,(,TTnm RURFATT The preservative used in this treatment is certified to be ccA TYPE C 6. EATT 23J."1 -R in accordance with sntjjTTj-P, N P T TT-P TN-qpp(,TTO N 'R11'R HU "M P 1991 The material was treated to a net retention 2 .50 r cubic foot of wood in accordance —poundspe WithMERICAM WOOD PRESERVERS ASSOCTATTON r-1 , (12 , C Sold To JAMES H. RAMBO INC. BISHOPS LANE SOUTHAMPTON, NY Shipped To TOWN OF SOUTHOLD SKIPPERS LANE ORIENT, NY 10 PILES 20/201 Contents 4/201 6 x 6 S4S 12/18 , "a 2 x 10 T&G 111/121 All The above is a true and valid statement. till Signed Sworn to and subscribed before me this­Z?? Wday of 1917 in the city of 4R ............ Notary Public 13H Aff"s. '111FE "ILTH -:2 .......... ........ N 74; 'BULKHEAD REPLACEMENT AT THE STATE STREET ROAD END IN ORIENT. THE SIZE OF THE BULKHEAD SHALL BE AS INDICATED ON THE PLANS AND IN THE SPECIFICATIONS. THE CONTRACTOR SHALL PROVIDE ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT .-THE BULKHEAD IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: 4��WA (written in wor �205-dD� (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Telephone Number: Date: STATE STREET BULKHEAD REPLACEMENT D - 2 BULKHEAD REPLACEMENT AT THE STATE STREET ROAD END IN ORIENT. THE SIZE OF THE BULKHEAD SHALL BE AS INDICATED ON THE PLANS AND IN THE SPECIFICATIONS. THE CONTRACTOR SHALL PROVIDE ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT THE BULKHEAD IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: /V i� ?72 a 6W S a c../, - - , r r�d u) v b a-n 1s . (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to'him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned,, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: OSe/l b Cu'�n� Ca . C��'/�• S�- - P D f30X Telephone Number: q 7-7 ' Date: G t� 3 Iq 7 STATE STREET BULKHEAD REPLACEMENT D - 2 ti= - •� �5• 5..)G'11^`h^x1Y,+.nC�w.. :i.mow_ •'+. r.mho c,f�`S4-,,�.°`•'-r"'`^'+- z,}:,SY „�;.�.;i'vs':r..;a.R,_x•,;ice...'::;.y;v r..,:,.t"�;: .'-•"-: � BULKHEAD REPLACEMENT AT THE STATE STREET ROAD END IN ORIENT. THE SIZE OF THE BULKHEAD SHALL BE AS INDICATED ON THE PLANS AND IN THE SPECIFICATIONS. THE CONTRACTOR SHALL PROVIDE ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT �'THE. BULKHEAD IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in w rds) 1 7 � SZZ -GG (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into.a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said,proposal, shall have been deposited in-the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-live (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period-of forty-five 4� days, the Town will acceptor reject this proposal or by mutual agreement may extend, is time �iod. Signature of Bidder: Business Address: C_Aes�er-��e(d / ssc �es • Telephone Number. DO Date: 6 -97 STATE STREET BULKHEAD REPLACEMENT D - 2 5/23 5/27 5/28 6/2 $10.00 fee to obtain specifications' no postage BID - BULKHEAD REPLACEMENT - STATE STREET, ORIENT BID OPENING: 10:00 A.M., Thursday, June 12, 1997. 2. 3. q. 5. 6. 7. 8. 9. Costello Marine Contracting Corp., 423 Frist St., Box 2124, Greenport, Ny 11944 Tel. 477-1199 Fax 477-0005 New Suffolk Dockbuil.ding, School House Creek, PO Box 129, New Suffolk,NY 11956 -awrence /uthill, PE 477_1652 James Rambo, Inc., Bishops Lane, Southampton, NY 11968 283-1254 Chesterfield Associates, P. O. Box 1228, Westhampton Beach, NY 11978 288-5100 10. INVITATION TO BIDDERS: BULKHEAD REPLACEMENT AT STATE STREET "Skippers Lane" ORIENT HARBOR STATE STREET ROAD END ORIENT, New York 11957 REVISED: MAY 20,1997 SOUTHOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC~ N.Y. INVITATION TO BID PROJECT: BULKHEAD REPLACEMENT - STATE STREET (Skipper's Lane) ORIENT, NEW YORK 11957 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as requireded for the construction of the Bulkhead Replacement at the road end of State Street, in accordance with the Plans and Specifications (dated May 20,1997) prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, Thursday, June lZ, 1997. All specifications are provided herein: drawings to be attached. A fee often dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for pedormance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: .~a¥ ~.3, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk STATE STREET BULKHEAD REPLACEMENT A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform ail 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. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSALGUARANTY 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 drawing§7 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. STATE STREET BULKHEAD REPLACEMENT B-1 D. 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. E. AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the dght to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated 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. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTIQN 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. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. STATE STREET BULKHEAD REPLACEMENT B-2 I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TiME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within fifteen (15) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. STATE STREET BULKHEAD REPLACEMENT B-3 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Drawings Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety A- 1 through A- 1 B- 1 through B- 3 C- 1 through C- 1 D- 1 through D- 2 E- 1 through E- 1 F-lthrough F-1 AIA Document # A310 G - 1 through G- 1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations AIA Document # A201 H ~ 1 through H ~ 2 K- 1 through K- 1 L-lthrough L-1 M - 1 through M - 2 N - 1 through N -8 SPECIFICATIONS Bulkhead Specifications Page 1 through Page 4 DRAWINGS Site Plan and Bulkhead Section Sheet#: 1of1 STATE STREET BULKH~D REP~CEMENT C-1 PROPOSALFORM NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: May 20, 1997, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottoM page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: BULKHEAD REPLACEMENT - STATE STREET (Skipper's Lane) ORIENT, NEW YORK 11957 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, h,e will accept, in full payment thereof as listed below: STATE STREET BULKHEAD REPLACEMENT D-1 BULKHEAD REPLACEMENT AT THE STATE STREET ROAD END IN ORIENT. THE SIZE OF THE BULKHEAD SHALL BE AS INDICATED ON THE PLANS AND IN THE SPECIFICATIONS. THE CONTRACTOR SHALL PROVIDE ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT THE BULKHEAD IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a pedod of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Telephone Number: Date: ~, / :~ / ¢ I STATE STREET BULKHEAD REPLACEMENT D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid1 each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless other,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. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolvedthat '-]'--~lq A. (orJ'~ Of o arello · be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: BULKHEAD REPLACEMENT - STATE STREET (Skipper's Lane) ORIENT, NEWYORK 11957 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-4) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the 3~" dayof ~ ,19 97. (SEAL OF THE CORPORATION) LaWS of New York, 1965 Ch. 751, Sec. 103-d, as amended effective Sep~.ember l, 1965 STATE STREET BULKHEAD REPLACEMENT E-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 (Bidder) Certifies that: 1. it intends to use the following listed construction trades in the work under the contract: /1//.~.,~,'~ ~- ,,,, o,...,--~-.,_,,,~...~ ~ 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 Count,/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 the~se 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 ce~cation required by these Bid Conditions.  nature of Authorized Representative of Bidder) STATE STREET BULKHEAD REPLACEMENT F-1 COLONIAL SURETY COMPANY Harrisburg, Pennsylvania BID BOND Approved by The American Iastitute of Architects A.I.A. Document No. A-310(Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Costello Marine Contracting Corp., Greenport, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, axe held and fLrmly bound unto Town of Southoid, Southold, NY as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid ............................... for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, admirfistrators, successors and assigns, jointly and severally, f'u-mly by these presents. WHEREAS, the Principal has submitted a bid for Bulkhead Replacement - State St., Orient, New York 11957 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 tem~ of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished ia the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another pa.ny 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 3rd day of June 1997. Ja'~ (Witness) cqueline Moraites (Seal) (Title) COLONIAL SURETY COMPANY erryan~ DePirro (Attorney-in-Fact) (Seal) Form C200-119 (Rev. 4/88) o~E~ o~ S.U~,ETY (To b~ ~.:umple~d by 5ach Bidder) above proposal is accepted and the. und~.m~3ned is awarded the Contract the undersigned offers as surety for faithful performance, bond and/or bonds .labor and matcdal men, the following surety: Colonial Surety Company SURETY, COMPANY Signed: _ _,~'_ ~ y (Bidder) /~,~-'"~, ~~ CERTIFICATE OF SURETY to 13e signed ay a duly authorized official, agent or attorney of the Surety Company. Ir] the eve,t ~.ha[ [hu aL~,~u P[upo~al i~ acuepted and the contract for t/lO work Is awarde~ to said Costello Marine Contractinm .the Colonial Surety ~omnanv (RidderL~ N~me.) Corp. (Surety Company) will execute the Surety Bonds as herein before providcd. Date: June 3~ 1997 ./ AuthOrized Official, Agent or Attorney Sherryanne DePirro Attorney-in-Fact IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERI'IFI~[D CHECK IS SUBMIa-I-ED IN LIEU OF BID BONO, OR BID MAY BE REJECTED. STATE STREET BULKHEAD REPLACEMENT G-1 .~.,~OLONIAL SURETY COMPAI~ Harrisburg, Pennsylvania Administra't'i~'e Office: 50 Chestnut Ridge Road, Montvate, New J~rsey 07645 Fon,n ,~.100-101 (Rev. 7/96) State of New Jersey County of Bergen On this 3r4 day of June ~ in the year 1997, before me Jacqueline Moraites, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the person who executed the within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company therein named and acknowledged to me that the corporation executed it. Jacqu~ne Morales A Notary Public of New Jersey  °tar~Public in and for the County of Bergen State of New Jersey COLONIAL SURETY COMPANY Harrisburg, Pennsylvania - Inc. 1930 - FINANCIAL STATEMENT~ECEMBER 31, 1996 ASSETS *Stocks and Bonds .................... $ 2,668,027 Cash in Office & Banks .................. 1,001,933 Accrued interest & Dividends ............. 41,007 Premiums & Agents Balances Receivable .... 489,392 Other Assets ......................... 1,551,692 Total Admitted Assets .............. 5,752,051 LIABILITIES & SURPLUS Reserve for Unearned Premiums .............. $ 803,530 Claim Reserves .......................... 773,000 Other Reserves .......................... 49,51~3 Collateral Held ........................... 1,386,858 Capital Stock ............................ 1,000,000 Surplus ................................ 1,739,150 Total Liabilities & Surplus ............... 5,752,051 STATE OF NEW JERSEY COUNTY OF BERGEN SS.: l, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31,1996. IN WITNESS WHEREOF, I have signed this statement at Montvaie, New Jersey, this 31st day of January, 1997. Jacqueline Berthelsen A Notary Public of New Jersey Wayne Nunziata President THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, as Principal, hereinafter called the Principal, and ~hat we a corporation duly organized under the laws of the State of as Surety, hereinafter catled the Surety, are held and firmly bound unto as Obliger, hereinafter called the Obliger, in the sum of Dollars ($ ), for the payment of which sum weil and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, joindy and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Oblige~ shall accept the bid of the P?incipat and the Principal shall enter into a Contract with the Obiigee 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 go~d and su~cient sure~ for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution :hereoi, or in the ~vent o,: the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obliguge the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obiigee may in good faith contract with another pa~y to pe~on-n the Work covered by said bid, then this obligation shaft be null and void, ot~r~vise to remain in full force and Signed and sealed this day of q9 (WRness) OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMI-I-i-ED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. STATE STREET BULKHEAD REPLACEMENT G-1 H E A M E R I C t.. N [ N S T I T U T E O F A R E C T AM Document A201 General Conditions of the Contract for Construction THIS DOCL?,IENT HAS LIIPORT.-hVT LEGAL CO,X, TEQUE.¥L'ES. CO~'~SCL TA TfON WITH A.V ,4 TTORNEY IS E. VCOUP~4GED WITH RESPECT TO [TS MOOIFIC.4 TIO~V 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4..4~DMINISTRATION OF THE CONTIL&CT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPAIL&TE CONTRACTORS 7. CI-L'kNGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY I 1,INSURANCE A~ND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELL.-UNEOUS PROVISIONS 14. TEILMINATION OR SUSPENSION OF THE. CONTRACT ' ' This document h~ been approvect =nd endorsed by the .&ssociated Gene.mi Contractors of .M'nerica. Copyright 19[ l. [9[5, [918. 1925, [937. 1951, [958. lgbt, [963, 1906, 1967, I9-0. 19-6, c~ 198-by The Mnencan [nsc:lute of Architects, 1-3~ New York Avenue, N.W, W~shington, DC.. 20006. Reproduction of the material here:n or substantial quotation of its provisions without written permission of me AIA violates the copyright laws of the United States and will be suhiect Io [egal proc~ecuuon$. A201-1987 I INDEX Acceptsnce of Nonconforming Wonk ......... 9.6.6, 9,9.3, 12.3 Accs~.s to Wort< .......................... 3.16,6.2.1, 12.1 Ac~s anti Omissions . . 3.2.1, 3.2.2.3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.2, 4.3.9, 8.3.1, I0.1.4. I0.2.5, 13.4.2, 13.7, 14.1 Atitiitional Cost, Claims fo r ......... 4.3.6.4.3.7,4.3.9,6.1.I, 10.3 Atitiitional Time, Clmms for ............. 4.3.6, 4.3.8, 4.3.9.8.3.2 Aesthe;i¢ Effect 4.2.13, 4,5. Allowances 3.8 AppllcationsforPayment =. 4.2.5,7.5.7,9.2.9.3.9,4,9.5 1.9.6.3. Approvals 2.4, 333, 3.5, 310.2, 3A2,4 through 3.I2.8. 3.18.3, Adaitratlon 4.14, 4.3.2.4.34. 4.4.-L 4.5, Architect 4,1 Architect, Extent of Authorit'y- 2,4, 3.12.6. ~.2, 4.3.2, ~.3.6, imhitect's Administration of the Contract ...... 4.2, ~.3 6. 4.3.7, 4.4, 9.4. 95 Architect's Approvals 2.4.3.5.1,3. I0.2, 312.6. 312.8.3.18.3.4.2.7 Architect's Copyright 1.3 Architect's Inspecuons 4.22.4.2.9.4.3.6.9.4.2.9.8.2. 9.9.2. 9. I0.1. 135 Architect s On-Site Observations .... 4.2.2.4.2.5, 4.36.9.4.2; 5.3.3. 35.1, 3.7.3. 3.1 I, 312.8. 312.11, 3.16. 3.18. 4.2.3, 4.2.6, 96.3, 9.6.4. I 1.3.7 Architect's Site Vi~tts 4.2.2.4.2.5.4.2.9, a.3.6. 9.4.2.9.5 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Boiler and Macfiinery Insurance 11 Bonds. Performance and Payment 73.6.4, 9.[0.3, 11.3.9. I I4 B uildir3g Pen'nit ....................... 3.7.1 Capitalization ............................. 1,4 Certifica£e o f Subslantiai Completion ................ 9.8.2 CsrUflcafe~ for Psyman! ..... 4.2.5,4,2.9,93.3,9.4,9.5,9.6. I, Certificates o f Inspection, Testing or App royal 3~i2. iI, t5.5.4 Certificates of Insurance ................. 9.3,2.9.10.2, l 1.1.3 Changa Ordain 1.1.1,2.4.1, 3.8.2.4, 3. i 1.4,2.8.4.3.3, 5.2.3, Change Orders, Definition of ................ 7.2.1 Changes ............................... 7.1 CHANGES IN THE WORK 5.11, 4.2.8, 7, 8.3.1,9.3.1.1, 10,1.3 Claim, Definition of 4.3.1 Claims and Disputes ....... 4.3, ~.~, 45, 6.2.5, 8.3.2, Claims and TImsi~/Aesan'lon of Claims 4.5.6 Claims for Additional Cost ..... 4.36, 4.3.7, ~.3.9, 6.1.1, 10.3 Claims for Additional Time ....... 4.3.6,4.3.8,4.3.9,83.2 Claims for Concesled or Unknown Conditions 4.3,5 Clau~s for Damages... 3. I8, 4.3.9, 6. t.l, 6.2.5, 8.3.2.95.1.2, I0.1.4 Claims Subject to Arbitration 4.3.2, 4.4.4, 4.5. I Cleaning Up ............................. ~.19,6.3 Commencement of Statutory Limitstion Pedod 13.7 Commencement of the Work. Conditions Relating to .... 2.I.2. COMPLETION, PAYMENTS AND ............... 9 Co ncealeti o r Unknown Contiidons 4.3.6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ...................... 1.1.4,6 Cor~trucdon Change Directive. Definition o f ........... 7.3.t Contingent Assignment of Subcontracts ........ 9,4 Continuing Contract Performance ......... 4.3,4 CONTRACT, TERMINATION OR SUSPENSION OF THE 4.3.7, 5.4.11. I, 14 Contract 3.dminLstrat~on 3.3.3, 4.9.4.95 Contract Documents, The 1.1, 1.2, 7 Contract Sum, Definition of 9.1 Contract Time. Definition of 8.1.1 2 A201-1987 CONTRACTOR ................................. 3 ¢ontrao:or, Definition o~ .................... 3.1,6.~.2 Contractor's Bid ............................... 1. i. 1 Contractor, a Construction Scheduler ............ 3.10, 6A.3 Contractor, e Lial~il]ty Insurance ..................... 11.1 at:cC Owner's Forces ...... 2.2.6. 3.12.5, 3.14.2, 4.2.4, 6, 12.2.5 Contractor's Relationship with the Architect 1.1.2, 3.2.1, 32.2, 7.30, 9.2, 93.1. 9.8.2, 991,9H).2. 3.3, 3.4. 4.2.3. 8.2.2, 8.2.3, l0 Copies Furmshed of Drawings ancC Specifications 1.3.2.2.5, 3.11 Cost. DeHnition of ................. 7.3.6. 1'~.3.5 Cutting and Patching 3.14, 6.2.6 Damages ~or Delay ............. 6.1.1,8.33,9.5.1.6,9.7 Emergencies ........................ 4.3.7, 10.3 Employees, Contractor's ...... 3.3.2.3.4.-~, 3.8. t, 39, 3.18.1, Execution and Progress of the Work ...... l. 1.3, 1.2.3, 3.2.3.4. I, Execution, Correlation and Intent of Contract Documents 1.2, 3.71 Extensions of Time ....... 4.3.1.4.3.8, 72.1.3, 8.3. 10.3.1 Failure o f Payment by Contractor 951.3. Fmlure of Payment by Owner 4.3-, 97. 14.1.3 Faulty Wort< (See Defecnve or Nonconforming Work} Final Completion and Final Payment ~.2 I, -~.2.9. -~ 3.2. Financial Arrangements. Owner's 2.2.1 GENERAL PROVISIONS 1 Governing Law 13.1 Information and Services Regluired of the Owner 2.1.2,2.2, Injury or Oamage to Pemon or Property 4.3.9 lnsutance, Boiler and Mec~inery 11 .a.2 Insurance, Contractor's Liability 11.1 Insurance. Effective Date of 8.22. 1 I. 1.2 Insurance, Owner,s LiaBility 11 Insurance, property ~ I02,5, 11,3 INSURANCE AND BONDS .,: .... 11 tnterest Laws and Regulations 1.3.3.6.37,313, 4. i. l. -L5.5, '~.5.-, Lien5 2.12. -L32, 4.3.5 [. 82.2.93.3.9 ~0.2 Limitation on Consolidation or Joinder 4.5.5 A201-1987 3 Limitations of Time. General .......... 2.2.1,2.2.4,3.2. I.3.73, Loss of Use Insurance 11.3.3 Material Suppliers ..... 1.3.1,3.12.1, ~2.4.42.6. 5.2.1. Materials, Labor, Equipment and 1.1.3, l. 1.6, 34, 35 I. 3.8.2. Means. Methods, Techniques. Sequences and Procedures of Construction ...... 3.31. ~.2.3, ~ 27, 9-~.2 MISCELLANEOUS PROVISIONS 13 Mutuat Responsibility ............. 6.2 Noncontorming Work, Acceptance of 12.3 4.3.5, 9.5.2. 982, 12. 13.713 Notice 2.3.2.-L 3,2.1,3.2.2.3.73.3.74, 39, 312.8. Occupancy 966,9.8.1,99. 11.311 Owner, Definition of 2.1 Owner, Information and Services Required of the . 2.12, Owne~ s Liability Insu ranca 11.2 Owner's Right to Clean Up 6.3 Owne¢s Right to Perform Construction and to Award Separate Contracts ....... 6.1 Owne~ s Right to Stop the Work ......... 2.3, ~3.7 Owner's Right to Suspend ~e Work 14.3 Ownership and Use of Amhitsct's Drawings, Specifications and Other Documents 1. I 1, 1.3, 22.5.53 Partial Occupancy or Use 96.6, 9.9, 11.3.11 Patctling, Cuffing and 3.14, 6.2.6 Patsnts, Royalties and 3,17 Payment, Applications for ~.2.5, 92.9.3, 9~. Payment Bond, Performance Bond and 7364. Payments, Progress -L34.9.3, 9 o. 953,9103. I36, PAYMENTS AND COMPLETION 9, 14 Payments to Subcont~c~ors 54.2.95.13. 902,965 964. II.3.8. 14.2.1.2 PCB lO l Performance Bond ~nd Payment Bond ' 5.6.4. Product Oa£a. DeBnition of 312.2 Product Data and Samples, Shop Drawings . 3.11.3.12; ~.2.7 9.6,083.910.3. i36. I~,2.3 Project, Defin:tion o f ~he 1.1.4 project Manual, Definmon oi :he 1.1.7 Pro)act Manuals 2.2.5 Proiect Representat:ves ~ 2. I 0 4 A201-1987 Rules and Notices for Arbitration ............. 4.5,2 Safety of Pomona and property ............ 10.2 Safety Precautions and programs ...... 4.2.3, 4.2.7, 10.1 Samp/e~, Shop Drawings, Product nata and . . 3.11,3.12,~.2.7 Samples at ~e Slte, Documects and 3.11 Schedule of Values 9,';',93,1 Schedules, Consrr~c~ion ............... 310 S?parat¢ Contracts and Contractors t.l.4, 3.I4,2, 4,2.4, Shop Drawings. Definition o f 312. I Shop Drawings, Product Data and Samplee 31t,3.1:2,4.2- Site, Useof 3.13, 6.1.1,6.2,1 Site inspections . 1.2.2, 3.34. 4.2.2. -~,2.9, 4.36, 982, 910.1. 13.5 Site Visits, ArChitect's ~.2.2.4.2.7. ~.2.9.4.3.0, Special Inspections and Testing -~.2.6, I2.2.1. 134 Specifications, Definition of the 1.1,6 SUBCONTRACTORS 5 Subcontractors. Work by 12,~. 332.3.12.1, 4.2.3. 53, 5.4 Suspension by the Owner for Convenience ..... 14.3 St~pension or'the Work 4.3.-. 5.4.2. 14.11.4, 1-~3 Taxes 3.6, -36-~ Termination by tho Contractor 14.1 Termination by the Owner for Cause ...... 5.4 1. I. 14.2 Termination o f thc Architect 4.1.3 Termination of the Contractor ........... I4.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 333, ~.2.6. ~.2.9.94.2. 12.21.13.5 TIME 8 Time, Delays and Extecsions of ~ 38,- 2. t,8.3 Time Limits. Specific ....... 2,1.2, 2.2. l, 2.-). 3 t {). 311.31-5 [, Time Limits on Claims ~.3.2.4.3.3.43.6. ~.39. ~.-< 47 Title to Work 932.933 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unit Prices 7 l.-,,, -.3.32 Use of Site 3,13,611.62.1 Values, Schedule of 9.2, 0.3. ~ Waiver of Claims: Finat Payment 4.3,5, ~. 5. [, 9 io 3 A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS Owner and Contractor (herema~er the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed Lq the Agreement and Modifications issued after execution of the Contract. A Modifi- cauon is (1) a wnnen amendment to the Contract signed By both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a whiten order for a minor change in the Work issued by the AcchitecL Unless specifically enumerated Lq the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, d~e Contractor's bid or portions of addenda relarLqg to bidding tract may be amended or modified only by a Modification. The Contract Docurnents sfiail not be construed to create a contrac mai relationship of any kind (I) between the Aa-chitect and Con- 1.1.3 THE WORK pa~ially completed, and includes all other labor, materials. equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work 1.1.4 THE PROJECT The Project is the total construction pt' which the Work per- 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- showing the design, location and dimensions of the Work. ules and diagrams, ment. construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume u~ually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not s~gn all the Contract Documents, the ,&rchitect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor bas visited the site, become faro,l- iar with local conditions under which the Work is to be per- formed and correlated personal observanons with require- ments of the Contract Documents. 1.2.~1 The intent of the Contract Documents is to LqcLqde ail items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what m required by one shall be as bLqdmg as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary. to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in estabiishLqg the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated Lq the Contract Doctmnents, words which have we~l-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractors.Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and?other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and wdl retain all common {aw, statutory and other reserved rights, in addition to the copyright..&il copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the .*xchitect, on request, upon completion of the Work. The Drawings. Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are tbr use solely with respect to this Project. They are not To be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other prol- ects or for additions to this Project outside the scope of the 6 A201-1987 All OOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ° FOURTEENTH EDIT]ON AIAa · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. [ 735 NEW YORK AVENUE. NW, WASHINGTON, DC. 20006 Work without the specific wntten consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers aze granted a limited license to use and reproduce applicable portions of the Draw- logs, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Doctwnents. All copies made under this license shall bern: the statutory copyright notice, if any, shown on the Drawings, Specifications and other doo. unents prepzxed by the Architect. Submittal or distribution to meet officard regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rigllts. 1.4 cAPn'AUZATION 1.4.1 Terms capitalized in these General Conditions include those which ~re (I) specifically de£med, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the Arnericun Institute of Arcfutects, 1.5 INTERPRETATION 1.5.1 In the unterest of brevity the Contract Documents fre- quently omit modifying words such a,s "all" and "any" and arti- cles such as "the" and "an," but the ~ct that a modifier or gan article is absent from one statement and appears in another is not intended to affect thc interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's author=ed representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary :md relevant for the Contractor ~o evaluate, give nonce of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Proiect is located, usually referred to a~ the site. and the Owner's interest therein at the time of execution of the Agreement and. within five days after any change, intbcmation of such change in title, recorded or unrecorded. 2.2 INFORMATION ANn SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to twne there-after, furnish to the Contractor reasonable evidence tha£ financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless suc'D rea~'onahle eridertce were ft~rmsDecl on request prtor to tl~e e.xecutirm of ttae AgreemenL :De prospec'tit,e contractor would not be 2.2.2 The Owner shall furnish surveys describing physical of ihe Protect, and a legal description of the site, 2.2.3 Except for permits and fees which are the responsibility ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control sha~ be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary, for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those tn respect to Article 6 (Construction by Owner or by Separate Contractors), Artlcle 9 (Payments and Completion) and Article l I (Insurance and Bonds), 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph [2.2 or persistently fa~ to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any poruon thereof, undi the cause for such order has been eliminated: however, the t~ght of the Owner to stop the Work shall not gtve rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3, 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 [f the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and f&ils within a seven-day period after receipt of wrinen notice from the Owner to commence and continue correction of such default or neglect w:th diligence and promptness, the Owner may after such seven-day period give the Contractor a second wmten notice [o correct such deficiencies within a second seven-day period, if the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and confinue to correct :my deficiencies, the Owner may, without preiudice to other remedies the Owner may have. correct such deficiencies, In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the COSt of correcting such defi- ciencies, including compensation for the Architect's, additional services and expenses made necessaO' by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prtor approval of the .~-chi- tect. [f payments then or thercMter due the Contractor are not sufficient to cover such anaounts, the Contractor shalI pti9 the difference to the Owner, ARTICLE 3 3.1 CONTRACTOR DEFINITION 3.1.1 Tile Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. A201-1987 7 3.2 REVIEW OF CONTRACT, DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with earth ot~er anh with reformation furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or architect for damage resulting from errors, thcons~s- tencies or omissions in fine Contract DocumentS unless the Contractor recognized such error, inconskstency or omission and knowingly failed to report it to the Architect. if the Con- tractor performs any construction activity knowing it involves a recognized error. ~ncons~stency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and sh-all bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall ta~e field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Comractor wifin the Contract Documents before commencing acnvines. Errors, inconsistencies or omissions discovered shall 3.2.3 The Contractor shall perform the Work in accordance suant to Paragraph 3.12. approvals required or pcrtbrmed bv persons other than thc 3.3.4 The Contractor shall be responsible tbr inspection of pot- 3.4 LABOR AND MATERIALS the Contractor shall provide and pay for labor, materials, equip- 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and 3a'chitect that materiaLs and equipment furnished under the Contract will be of good quality and new urdeas otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quali£y required or permitted. and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- meritS, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or detect caused by abuse, moditlcnuons not executed by the Contractor, improper or insut'ficient maintenance, improper operation, or normal we-ar and tear under normal usage. [f required by the Architect. the Contractor shall furnish satisPactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Ur'Jess otherwise provided in thc Contract Documents, thc Contractor shall secure and pay for the building permit and other peri'mfs and governmental fees. licenses and inspections necessary for proper execution and compienon of the Work and which are Icg~ly required when bids are received or nebo- tiaa(ms concluded. 3.7.2 Thc Contractor shall comply with and give not<es required bt,' la'o-s, ordinances, roles, regulations and lawful orders of public authorities bearing on performance of thc Work. 3.7.3 It is not the Contractors responsibility to ascertain that laws, statutes, ordinances, building codes, and rules and regula- ~hall promptly nixie' thc Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modificanon. 3.7.4 If the Contractor performs Work knowing it to be con- rtary to laws, statutes, ordinances, building codes, and rules and the Contractor shall assume f~II responsibility for such Work and shall be-ar the atmbutablc costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Comract Sum all by allowances shall be supplied for such amounts and by such 3.8.2 Unless otherwise provided in thc Contract Documems: .1 materials and equipment under an allt~wance shall be selected prompdy by the Owner t(~ avoid delay in tlne maten:~ and equipment delivered at the site and requrred r:.t.xes. [ess applicable trade discounts: 8 A201-1987 .3 Contractor's costs for unloading and hm~d[in§ at the site, labor, installation costs, overhead, profit and amounts shaft be included in the Contract Sum and the Contract Sum shall be adjusted accordingly by Change Order, The amount of the Change Order shalJ reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes :n Contracto(s costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent supennten- Project site during performance of the Work. The superinten- to the superm£endent shall be as binding as if given to the Con- lng. Other commumcations shall be similarly confirmed on 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly at~er being awarded the Con- 3.10.3 The Contractor shall conform to the most recent construcuon, and in addition approved Shop Drawings, Prod- uct Data. Sarnples and similar required submittals. These shall be available to the Architect mad shall be delivered to the Archi- 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPI.ES 3.12.1 Shop Drawings are drawings, diagrams, y,:heduies :uqd 3.12.3 Samples are physical examples which illustrate by which the Work will be judged. 3.12.4 Shop Drawings. Product Data, Samples and similar sub- which submittals axe required the way the Contractor proposes to cordocm to the informanon given and the design concept expressed to the Contract Documents. Review by the ,&rchitect is subiect to the lir~i~ations of Subpaxngrapb 4.2,7. 3.12.5 The Contractor shali review, approve and submit to the Architect Shop Drawings. Product Data, Samples and similar submittals required by the Contract Documents with reason- able prompmess :md in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractor~. Submittals made by the Contractor which are not required by the Contract Documents may be resumed without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and revtew of Shop Drawings. Product Data, S:s.rnples or sim~ar submittals until the respective submit- tal has been approved by the Mchitect. Such Work shall be in actor ~dance with approved submittals. 3.12.7 By approving and submitting Shop Drawings. Produm Data. Samples and similar submittals, the Contract(~r represents A201-1987 9 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project equipment, machinery and surplus materials. 3.16.2 If the Contractor fails to clean up as provided in the thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties :md license fees. The Contractor shall defend suits or claims for infringement of patent dghts and shall hold the Owner and Architect harmless from ioss on account thereof, but shall not be responsible for infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the 3.18 INDEMNIFICATION 3.18.1 To the f~ilest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Azchitect, Archi- from and against claims, damages, losses and expenses, inctud- from performance of the Work, provided that such clama, dam- age, loss or expense is attriburab[e to bodily injury, sickness, disease or death, or ro injury to or destruction of tangible prop- erty (other than the Work itseLO including loss of use resulting anyone directly or indirectly employed by them or anyone for whose acrs they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would other;vise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims agathst any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor. anyone directly or indirecdy employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shalI not be limited by benefits payable by or for the Contractor or a Subcontractor benefit acts or other employee benefit acts. 3.13.3 The obligations of the Contractor under this Paragraph 3.18 shaft not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of (1) the preparation or approvai of maps, drawings, opimons, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the .-'~xchitect, the Architect's consultants, arid agents and employees of any of them provided such giving or failure to gtve is the primary, cause of the injury, or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The ,~'chitect is the person [awfuJIy licensed to pracfice architecture or an entity, lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "3.rchitect" means the Architect or the Architect's authorized represenrafive. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shaft appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1,2 and 4, I.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect wtli provide administration of thc Contract as described in the Contract Documents, and wLLI be the Owner's representative (1) during construction, (2) until Final payment is due axld (3) with the Owner's concurrence, from nsne to dine during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless othe:'wise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality, of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work. when completed, will be in accordance with the Contract Documents. However, the Architect will not he required to make exlaaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis ,of on- site observations as an architect, the Architect will keep the Owner infomled of progress of the Work. and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for constmctton means, method.s. techniques, sequences or procedures, or for safety, precautions and programs in connection with the Work. since these are solely the Contractor's responsibility' as provided in Paragraph 3.3, The Architect will not be responsible for the Contractor's fmiure to carry out the Work in accordance with the Contract Documents. The .Axchitect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 tractor, Subcontractors, or rhea' agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in thc Contract Documents or when direct communications have been specially autho- r~eed, the Owner and Contractor shall endeavor to commum- cate through the Architect. Communications by and with the A~chitect's consultants shall be through the Architect. Corrmau- nications by and with Subcontmctots and material suppliers shall be through the Contractor. Communications by and with separate contrac~or~ shall be through the Owner. 4.2.$ Ba~ed on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review mad certify the amounts due the Contractor and wilI issue Certificates for Payment in such amounts. 4.2.8 The Architect will have aurhoriry to reject Work which does not contbrm to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority, to require additional inspecnon or testing of the Work m accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise Such authority shall give nsc to a duty or responsibility of the Archi- tect to the Contractor. Subcontractors, materml and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Woric. 4.2.? The .~-chitect will review mad approve or t.-tke other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while alIowing sufficient time in the Architect's professional iudgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other detmls such as dimensions and quantities, or tbr substantiating instructions for installation or performance of equipment or systems, ali of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligation~s under Paragraphs 3,3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means. methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of wdich the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine ~he date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documems required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 if the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties. responsibilities and limitations of authority of such project cepresentanves shall be as set forth in ma e:d~ibit to be incorpo- rated in the Contract Documents. 4.2.11 The .~'chitect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requeSts will be made with re.unable prompmess and within any rime limits agreed upon. if no agreement ks made concerning the time within which interpretations required of the Architect sha.il be fur- taished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish sucPi interpretations until 15 days after wdtten request is made for them. 4.2.12 interpretations and decisions of the Architect will be consistent with the intent of m-ad reasonably inferable from the Contract Documents and will Be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faith~l performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good fmrh. 4.2.13 The Architect's decisions on matters relatmg to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Clmm is a demand or assertion by one of the parties seeking, a.s a matter of dght. adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. ClaLms must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Clau-n. 4,a.2 D~ision of Architect. Claims, including those alleging an error or omission by the Architect. shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all sucfi matters arising prior to the date final payment is due, regardless of (I) whether such matters relate to execution and progress of the Worg or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or liugagon in the event ( 1 ) the position of Architect is vacant. (2) the M~.~itect has not received evidence or has fmled to render a decision within agreed tWne limits, (3) the Architect has tailed to take actmn required under Subparagraph 4.4.4 wirhin 30 days ariel the Claim is made, (4) -~5 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limil~ on Claims, Clmms by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days al~er the claimant first recognizes the condition giving rkse to the Claim, whichever is later. Clmms must be made by whiten notice..-~ additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA OOC~IMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ~ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. NW, WASH[NGTON DC 201~16 A201-1987 11 4.3.4 ContJnulng Contract Perfo~Tnance. Fending Final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor sb~I proceed diligently with perfor- mance of the Contract 2nd the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of ~'mal payment shall cons[itutea w:uver of Clauns by the Owner except those :raSing from: .1 Liens, Claims. security interests or encumbrances aris- ing out of the Contract and un.settled; .2 failure of the Wort( to comply with the requirements of the Contract Documents; or .3 terms of speciml warm_noes requnted by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are ertcountered at the site which are (1) subsurface or other'wise concealed physical conditions which differ materi- ally from those indicated in the Contrac: Documents or (2) unlmown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist md generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are 4sturbed and m no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions :md, if they differ materially and cause an increase or decrease in the Contractor's cost of. or time required for. performance of any part of the Work. will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. [f the .~chitect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the the Owner and Contractor in wNting, stating the reasons. Clawns by either party in oppusinon to such determination muat be made within 21 days after the Arcintect has g~ven notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time. 4.3.7 Claims for Additional Cost. [f the Contractor wkshes to graph I0.3. If the Contractor believes additional cost is tect. (,4) fmlure of payment by the Owner, (5) termination of the Contract by the Owner. (6) Owner's suspension or (7) other 4.3.8 Claims for Additional Time period of time and could not have been reasonably anticipated, scheduled constnsct, ion. 4.3.9 Iniuv/or Damage to Psmon or Pro0erty. If either part7 to the Contract suffers iniury or damage to person or property, such party is legally liable, written notice of such iniury or party within a reoaonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim tbr addi- tional cost or time related to this Clmm ts to be asserted, it shall be fried as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt ora Claim: Il) request additional supporting data from the claimant. (2) submit a schedule ~o the parties indicating when the Archi- the Claim by the other parry or (5) suggest a compromise. The 4.4.~ If a Claim has been resolved, the Architect will prepare or 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days at, er the Architect's prelimina~- additional supporting data requested by the Architect. (2) modii~/the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved at, er considerauon of the seven days, which decision shall be final and binding on the 4.5 ARBITRATION 4.5.1 Controvemles and Claims Subject to Arbitration. Any provided for in Subparagraph ~.3.5. Such controversies ~r a decision as provided in Subparagraph 4.4.4 shall be subject ro 12 A201-1987 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subiect to arbitration under Subparagraph 4.5.I, be decided by arbitration in accordance wire the Cortstvaction Industry Mbitratlon Rules of the American Arbitration Assoa~tion cur- rently in effect, ur~ess the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to thc Agreement between the Owner and Con- tractor and with the .~'nerican .&rhitratlon Association, and a copy shall be filed with the Archi[ecL 4.5.3 Contract Performance During Arbitration. Dunng arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbit/aflon May Be Demanded. Demand for arbi- tration of any Clmm may not be made until the earlier of (1) the date on which the .~rchitect has rendered a final written deci- sion on the Claim, (2) the tenth cLay after the parties have pre- sented ev{dence to the :Lrchitect or have been given reasonable opportunity to do so, if the 3wchitecr has not rendered a final written decision by that date. or (3) any of the five events described in Subparagraph 4,3.2, 4.5.4.1 When ~ written dec~sion of the Architect states that (D the decLsion is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decmion must be made within 30 days after the date on which the party making the demand receives the final written decision, then faliure to demmqd arbitration within said 30 days' period shall result in the Architect's decLsion becoming final and binding upon tile Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedLngs unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4,5.1 and 4~54 and Clause 4.5.4.: as applicable, and in other cases within a reasonable Iime after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim ~'ould be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.$.$ Limitation on Cansolirtatlon or Joinder. No arbitration ansmg out of or relating ~o the Contract Documents shall include, By consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect. Owner, Contractor and any other person or enuty sought to be joined. No arbitration shall include, by consolidation or }oinder or in any other manner, parties other than the Owner, Contractor. a separate contrac- tor as described in ,M-title 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbittation whose interest or responsibility is insubstantial. Consent [o arbitration involving an additional person or entity shall not constitute consent ID arbitration ora dispute not described therein or with a person or entity not named or described therein. The fore- going agseement to arbitrate and otber agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically entbreenble under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Ases~lon of Claims. A party who files a notice of demand for arbitration must assert in the demand ali Clawns then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect. or when a claml has matured or been acquired subsequently', the arbitrator or arbitrators may permit amendment. 4.5.'}' Jedgraent on Final A~arcl. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any cour~ having juhsdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS $.1,1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throoghnut the Contract Documents as if singular in number and means a Subcontractor or an authorized representative o~ the Subcon- tractor. The term '%obcomractor" dries not include a separate contractor or subcontractors of a separate contractor, 5.1.~ A Sub-subcontractor is a person or entity v-ho has a direct or redirect contract with a Subcontractor to pertbrm a portion of the Work at the sire. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular 5.2 AWARD OF SUBCONTRACTS AND OTHER lie-able after award of the Contract. shall l~rnish in writing [o fabricated to a special desigm propnsed for each principal par- [ton of the Work. The Architect will promptly reply to the Con- Architect. after due investigation, has reasonable ohiectlon to ana.' such proposed person or entity. Failure of the Owner or Architect to reply prompdy shall ctmstltute notice of no re-ason- able objection. 5,2.2. The Contractor shall not conrtact with a proposed per- sonable and timely obiectlon. The Contractor shall not be $.2.3 if the Owner or Architect has reasonable obi¢cdbn to a person or entity proposed by the Contractor. the Contractor decreased bi,' the difference in cost occa.s~oned by such change and an appropriate Change Order shall be issued. However, no AIA DOCUMENT A201 · GENEKAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA~ · ~ 1987 THE AMERICAN INSTITUTE OF ARUHITECTS. 1'35 NEW YORK AVENUE. N.W. WASHINGTON. O(:. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where leg:flly required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by there Docu- ments, assumes ~oward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the fights of the Owner and Architect under thc Contract Documents with respect to thc Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such dghts, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress ag:Unst the Contractor that thc Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shaft require each Subcontractor to enter into similar agreements with Sub-sob- contractors. The Contractor shall make available to each pro- posed Subcontractor, pvlor to the execution of the subcontract agreement, copies of the Contract Documents to w~ch the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shaft similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .I assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notiN, ing the Subcon- tractor in writing; and .2 assignment is subject to the poor rights of the surety, i~' any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 d~ys. the Subcontractor's compensation shall be equitably adiusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the nght to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions 9f the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided el~e- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Pro}ecl or other construction or operanons on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1,3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing thed' construction scbed- ules when directed to do so. The Contractor shall make any revzsions to the construction schedule and Contract Sum deemed necessm'T :flier a joint review and mutual agreement. The construction schedules sh~l then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construc~Jon or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subjec~ to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others. those stated in Article 3, this Article 6 and .~rtictes 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reusonable opportunity, ~br introduction and storage of their materials and eqmpment and performance of their activi- ties and shaft connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shaft, prior to proceeding with that portion of the Work. promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execunon and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor, 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor tO completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- iect to the provisions of paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have thc same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute ar:scs among the Contractor. separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premmes and surround- ing area free from waste materials and rubbish as described tn Paragraph 3. i 5, the Owner may clean up and allocate the cost among those responsible as the Architect determines co be just. 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invMidating the Contract, by Change Order. Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and .~xchitect; a Constr~ction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order. Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit paces are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit paces to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed' by the Owner. Contractor and .M-chitect. stating their agreement upon ail of the following: .1 a change in the Work; ,2 the amount of the adjustment in the Contract Sum. if any; and .3 [he extent of tlqe adjustment :n the Contract Time. if any 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 73.3 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect. directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time. or both. The Owner may by Construction Change Directive. without invalidating the Contract. order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- trac: Time being ad{usted accordingly, 7.3.2 A Construction Change Directive sb'all be used in the absence of total agreement on the terms of a Change Order, 7.3.3 If the Construction Change Directive provides fi)r an ad{nstment to the Contract Sum. the adiustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- m~t evaluation; .2 umt pores stated in the Contract Documems or sub- sequently agreed upon: .3 cost to be determined in a manner agreed upon by the pames and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.1t.4 Upon receipt of a Construction Change Directive, the Contractor shall prompdy proceed with the change in the Work involved and advLse the Mchitect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjusu'nent in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shalI be effec- tive wnmediately and shall be recorded as a Change Order. 7.3.8 If the Contractor doe~ not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the ad[ustmer~t shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum. a reasonable allowance :'or overhead and profit. In such case, and also under Clause 73.3.3, the Contractor shall keep and present, in such form as the A,rchitect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 73.6 shall he limited to the following: .1 costs of labor, including social security, old age and unemployment w~surance, fringe benefits required by agreement or custom, and workers' or workmen'$ compensation insurance: .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed: .3 rental COSTS of machinery, and equipment, exclusive of hand tools, whether rented from the Contractor or .4 costs of premiums for all bonds and insurance, permit Work; and .5 additional costs of supet~,ision and field office person- net directly attributable to the change., 72.7 Pending final determination of cost to the Owner, amounts not :n dispute may be included ~ Applications for Payment. The remount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results :n a net firmed by the Architect. When both additions an0k,£redits covering related ~rork or substitutions are involved fha change, the allowance for overhead and profit shall b~ figured 7.$.8 If the Owner and Contractor do not agree with the the adjustment or the method shall be referred to the .-Wchitect 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Archi{ecl concerning the adigstments in immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. A201-1987 15 7,4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor cha.qges in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with ~e intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of twne, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the fmlure to act of the Contractor cdr of persons or entitie-z for whom the Contractor is responsible. 8.1.3 The date t)t' Substanti'al Completion is the date certified by the Architect in accordance with Paragraph 98. 8.1.4 The term "day" as used in the Contract Documents shall mem~ calendar day unless otherwise specitically dcfinc~. 8.2 PROGRESS AND COMPL~ON 8,2.1 Time limits stated in Ihe Contract Documents are of the essence of the Con[ract. By executlng ~he Agreement thc Con- tractor confirms that the Contrac~ Time is a re',monable perked fi~r performing ihe gOMrk. 8.2.2 The Contractor shall mdt knowingly, except by agree- ment or unstruction of the Owner in writing, prematurely cum* date of insurance required by Article I I to be Pam~hed by the ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit rd the Architect a schedule of values allocated to vanom pomon$ of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected ~o by the Architect. =hall be used as a bnsis for reviewing thc Contractor's Applica- 8,3 . APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before ti~e date established tbr ¢'ach an itemized Application for Payment for operacxons completed m accordance with the schedule of values. Such application sbatl be notarized, if required, and supported by such data Subcontractors and material suppliers, and reflecting retamage ?f provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications real,' include requests for payment on account of changes in the Work which have bern properly audiorized by Construction Change Directives but not yet included m Change Orders. 9.3.1.2 Such appticam)ns may not include requests for pay- 9.3.2 Unless otherwise provided in the Contract Documents, payments shell[ bc made on account of materials and equipment delivered and suitably stored at thc site tbr subsequent incor- p~)ration ~n the Work. If approved in advance by the Owner, payment may >imitar!y be made for materials and eqmpment 16 A201-1987 Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines ks properly due, or notify, the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 Thc issuance of a Certificate for Payment will constitute a representation by the A;chitect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that. to the best of the Architect's knowl- edge, information and belief, quality of the Work ks in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from :be Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is enutled to payment in the amount certified. However, the kssuance ora Certificate for Pay- meat will not be a representation that the Architect has made exhaustive or continuous on-s~te inspections to check the quality or quantity of the Work. (2) reviewed construction means, method& techniques, sequences or procedures. (3) reviewed copies of requ~itions received from Subcontractors and matenal suppliers and other data requested by the Owner to substanuate the Contractor's tight to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certifa,' payment and may wtthbdid a Certificate for Payment in whole or m part, to the extent reasonably necessary to protect the Owner. if in the Architect's opinthn the representations tu the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certit¥ payment in the amount of the Application, the Architect will notiN.' the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect ~s able ~o make such representatinns to the Owner. The Archi- tect may also decide not to certify payment or, becattse of subsequently discovered evidence or subsequent observations. may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinkm to protect the Owner from Mss because of: .1 defective Work not remedied; .2 third party claims Hied or reasonsble evidence indicat- ing probable filing of such claims: .3 faslure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment: pleted for the unpaid balance of [he Contract Sum: pleted within the Contract Time. and that the unpaid liquidated damages for the anticipated delay: or .7 persistent failure to carry' out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons t'or withholding certification are removed, certification will be made for amounts previously witl'fiqeld. 9.6 PROGRES~ PAYMENTS 9.6.1 .After the A;chitect has issued a Certificate for Payment, the Owner shall rr,w. Re payment in the manner and within the tmae provided in the Contract Documents, and shall so notify the .Architect. 9.6.2 The Contractor shall prompdy pay each Subcontractor. upon receipt of paymem from dae Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work. the amount to which said Subcontractor is entided, reflecting percentages actually retained from payments to the Contractor on account of such 5ubcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, ff pracucable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.fi.4 Neither the Owner nor Architect sha~l have an obliganon to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law 9.8.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 96.2.9.6.3 and 9.6.-t 9.8.8 A Certificate for Payment. a progress payment, or partial or entire use or occupancy of the Proiect by the Owner shall not constuute acceptance of Work not in accordance with the Contract Documer~ts. 9.7 FAILURE OF PAYMENT 9.7,1 [f the Architect does not issue a Certificate for Payment. throug~ no r;ault of the Contractor, withth seven days after rec~pt of the Contractor's Application for Payment. or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount ret- tiffed by the Architect or awarded by arbitration, then the Con- ~ractor ma3,. upon seven additional days' wnnen notice to the Owner :md Architect. stop the Work until payment of the aamount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's re.~sonable costs of shut-down, delay and start-up, which shall be accpmptkshed as provided in .article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereo~is"suf~q- ciently complete in accor 'dance with the Contract Doc,uments so the Owner can occupy or utilize the Work for its intended use. ~.8.2. When the Contractor considers that the Work. or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit :o the Architect a comprehensive list of items to be c~mlpleted or corrected. The Contractor shall proceed promptly to com- plete and correct items on the ii.st. Failure to include an item on such ~t do~ not alter the responsibflib: of the Coturactor to complete all Work Ln accordance with the Contract Docu- ments. Upon receipt of the Contracror's list. the Architect will m'.~ke an inspection to determine whether the Work or des~g- A201-1987 17 hated portion thereof is substantiaBy complete. If the Architect's inspection discloses any item, whether or not included on the Commctor's list, which ~s not in accordance with the requirementS of the Contract DocumentS, the Contrac- tor shaB, before issuance of the Certificate of Subsmnfial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor sbaB then submit a request for another inspection by the Architect to determine Substantml Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substan£ial Completion which shall establish the date of Sub- smnEial Completion, shaft establish responsibilities of the Owner and Contractor for secum3t, maintenance, heat, udlines, damage to the Work and insurance, and shall fix the time within which the Contractor shall f'mish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents sha~l corrm]ence on the date of Substanbal Completion of the Work or designated portion thereof unless otherwise provided Ln the Certificate of Substantial Comple- tion. The Certificate of Substantial Complefion shall be sub- mined to the Owner and Contractor for their whrten accep- tance of responsibilities assigned to them in such Certificate. 9.8.31 Upon Substantial Completlon of the Work or designated portion thereof and upon application by the Contractor and certification by the ,~'chitect, the Owner shall make payment, reflecting adjustment in reta~nage, if any, for such Work or por- tion thereof as provided in the Contract Docta'nents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or p~- tiaBy completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer ar required under Subparagraph 1 1.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the pot[inn Ls suDstantiaby complete, provided the Owner and Contractor have accepted in wdting the re$ponsibtlities assigned to each of them for payments, retainage if any, secu- rity, maintenance, he-at, u~ities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cot- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Amhitect a5 provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withhefd. The stage of the progress of the Work shall be determined by wmten agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the .~J'chitect. 9.9.2 Immediately prior to such pa~ial occupancy or use, the Owner. Contractor and Architect shall jointly inspect the area in be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep~ tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the 3xchitect will promptly ma~e such inspection and, when the Architect finds the Work accept- able under the Contract DooJments and the Contract ft~ly per- formed, the Architect wdl promptly issue a final Certificate for Payment stating that to the best of the Architect's Maowledge, information and beUe£ and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said f'mal Certificate is due mad payable. The Architect's finM Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to f'mal payment have been fu~f'dled, 9.10.2 Neither final payment nor any remaining retained percentage shah become due instil the Contractor submits to the .Architect (1) an affidavit that payrolL, bills for materials and equipment, and other i.qdebtecLqess connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that Lr~urance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancefled or abowed to expire until at least 30 days' pnor written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract DocumentS, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, secunty interests or encumbrances ansing out of the Contract, to the e.x~ent and in such fnma as may be designated by the Owner. if a Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may ~rnish a bond satisfactory, to the Owner to indemnify the Owner against such lien. If such [ien remams unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including aB costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not f'dfly- com- pleted or corrected is less than retalnage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work ~uily completed and accepted sbab be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be r~ade under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a walv&r of claims by the Owner a$ provided in Sub- p~agraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor. a Sub- contractor or material supplier shall constitute a wmver of claims by that payee except those previously made in writing mad identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addinon to the wmver described in Subparagraph 4.3.5. 18 A201-1987 AIA DOCUMENT A201 · GENEKAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AiA· · tc~ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 20006 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taming and supervksing all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material rea$onably believed [o be asbestos or polychlodnated blphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in wining. The Work in the affected area shall not thereal'rer be resumed except by written agreement of the Owner and Contractor if in tact the material is asbestos or polychlorinated Diphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- hated biphen¥1 (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor. or in accordance with finM determination by the Architect on which arbitratinn has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated bipheny[ (PCB). 10.1.4 To the fuilest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tects consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the materiql is asbestos or polychiorinated biphenyl (PCB) and has not been rendered harmless, provided that such ck~m. damage. It)ss or expense is attributable to bodily injury, sickness, disease or death, or to lniury to or destruction of tangible property (other than the Work itself) including loss of ~e resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner. anyone directly or indirecdy employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified bereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent darnage, inlury or loss to: .1 employees on ~he Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether ~n storage on or off the site. trees, shrubs, lawns, walks, pavements, roadways, 10.2.2 The Contractor shall give notices and comply with applicable laws. ordinances, rules, regulations and lawful orders of public authorities beanng on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other wa.mings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explnsives or other hazardous material5 or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 102.1.3 caused in whole or in part by the Contractor. a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them. or by anyone for whose ac~s they may be [iable and for which ihe Contractor is responsible under Clauses 10.2.[.2 and 10.2.[.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by e.'ther of them. or hy 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 obiigattons under Paragraph 318. 10.2.8 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty sha~l be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect, 10.2.? The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety 10.3 EMERGENCIES 10.3.1 In an emergency affecting sa/~ty of persons or property, cbc Contractor shall act, at the Contractor's discretion, to pre- vent threatened 'damage. inlury or loss. Additional compensa- tion or extensinn of time claimed by the Contractor on account of an emergency shall be determined as provided in paragraph ~.3 and Article 7. ART1CLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shoal purchase from and malnrai~iln company or companies lawbally anthorLzed to do business in the jurtsdictk)n in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or resuk from the Contractors operations under the Comract and fbr which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them. or by anyone for whose acts any of them ma}' be liable: .1 ciatms under workers' or workmen's compensation. disabdity benefit and other simdar employee benefit acts which are applicable to ~e Work to be peri'brined; A201-1987 19 .2 claims for damages be~cause of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .a claims for damages because of bodily injury, sickness or disease, or death of:my person other than the Con- tractor's employees; .4 ciaa'ns for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .fi clmms for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erry, including loss of use resulting therefrom; .8 rialtos for damages because of bodily iniury, death of a person or property damage arming out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 5.18. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage ts greater. Coventges. whether written on an occurrence or claims-made basis, slYall be mmncained without interruption from date of commencement of the Work until date of ilnal rained after tin'al payment. 11.1 .a Certificates of Insurance acceptable to the Owner shall be Fded with the Owner prior to commencement of the Work. These Certificates :md the insurance policies required by this Paragraph 11.I shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to ~he Owner, If any of the foregoing insurance coverages are required to rem:an in force at, er final payment and are re=son- ably available, an additional certificate evidencing contmuanon of such coverage shall be submitted with the final Application for Payment as reqmred by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor's intk.>rmanon and belief. 11.2 OWNER'S MABILJTY INSURANCI~ 11.2.1 Thc Owner shall be responsible for purchasing and maintaining the Owner's u.sual liability insurance. Optionally, the Owner may purchase and maintain other insurance tbr self- under the Contract. The Contractor shall not be responsible for purchasing and mmntaining this optional Owners liability insurance unless specifically required by the Contract 11.3 PROPERTY INStJRANC'F 11.3.1 Unless otherv.,ise provided, the Owner shall purch~.sc and mmntain, in a company or companies Iawi~lly authorized to do business in the iurisdiction in which the Project is Iocated. property :nsurance in the amoun£ of the ininal Con- untary deductibles. Such property insurance shall be mmn- or otherwise agreed in whtmg by ali persons and entities who are beneficiaries of such insurance, until final payment has been made ms provided in paragraph 9 10 or until no person or enuty other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever ~s earlier. This insurance shall include interests of the Owner, the Contractor. Subcontractors and Sub-subcontrac:ors in the Work. 11.~.1.1 Property insurance shall be on an all-risk policy form and shall insure agmnst the penis of Cue and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work. temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other penis shall not be required unless otherwise provided in the Contract Documents. 11 .:t.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with ali of the coverages in the amount described above, the Owner shall so inform the Contractor in wdtmg prior ~o commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work. and by appropriate Change Order the cost thereof shall be charged to the Owner. tf the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chu.se or mamtmn insurance as descnbed above, without so notifying the Contractor. then the Owner shall bear ail reason- able costs properly attributable thereto. 11.:1.1.11 [f the property insurance requires minunum deducti- bles and such deductibles a-e identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the reqtured minimum deductibles above the arnounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contrac~ Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work shall be n:aned insure~. ~'~ 20 A201-1987 11.3.5 if during ~e Project constrocuon period ~e O~er throu~ a ~cy or poflci~ other th~ ~ose ms~g the Proj- ect dung ~e co~ction period, ~e Owner sh~ wave ~1 figh~ m accurate with the te~s of Subp~gmph l 1.3.7 for ~ages ~ed by fire or o~er pe~ covered by ~ sep~te prope~ ~u~ce. Mi ~p~te pdiic~ sh~ provide ~ w~ver of subro~tlon by endo~ement or o~emme. 11.3.6 Before an exposure to loss may occur, the Owoer shall fac with the Contractor a copy of each policy that includes insurance coverages required by this paragraph 11,3. Each policy shaft contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not he cancelled or allowed to expire until at least 30 days' prior war- ten notice has been g~ven to the Contractor. 11.3.7 Waivem of Subrogation. The Owner and Contractor waive all tights again.st (1) each other and any of their subcon- tractors, sub-subcontractors, agents and empioye~, each of the other, and (2) the Architect, Architect's consultants, separate contractors descrthed in .~icle 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for darnages caused by fire or other penis to the extent covered By property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, a.s appropriate, shall require of the Architect, Architect's consultants, separate contractors described in .M'tJcle 6. if any, and the subcontrac- tors, sub-subcontractors, agents and employeeS of any of them. by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective a.s to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the :nsur:~ee premmm directly or indirectly, and whether or not the person or entity had an insurable interest in the property darnaged. 11.3.8 A foss insured under Owner's property, insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insured& as their interests may appear, subiect to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their inst shares of insurance proceeds received by the Contractor, and by appropnate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.3.9 if required in writing by a party in interest, the Owner as fiduciary shall, ttpon occurrence of an insured loss, give bond tbr proper pertbmnance of the Owner's duues. Tile cost of required bonds shall be charged against proceeds received as fiduciary The Owner shall depnslt tn a separate account pro- ceeda so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such foss no other special agreement ks made, replacement of dam- aged property shall be covered by appropriate Cf'range Order. 11.3.10 The Owner as fducmrY, shall have power to adjust and settle a loss with insurers udiess one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; ff such objection be made, arbitrators shall be chosen as provided in paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distrthution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shaft take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND pAyMENT BOND 11.4.1 The Owner shall have the dght to require the Contrac- tor to tL~rnish bonds covering fmthful performance of the Con- tract and payment of obligauons arising thereunder as stipu- lated in bidding requa'ements or specifically required m the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potentml beneficiary of bonds covehng payment of obliga- tions ansing under the Contract, the Contractor shaft promptly furnish a copy of the bonds or shall perrmt a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 [fa portion of the Work is covered contrary to Ihe Architect's request or to requirements specifically expressed in the Contract Documents, it must. if required in writing by the Architect, be uncovered for the Architects observation and be replaced at the Contractor's expense without change in the Contract Th'ne. 12.1.2 If a portion of the Work has been covered which the Architect h~ not specifically requested to obser~'c prior IO its being covered, the Arclaitect may request to see such Work and ~t shall be uncovered by the Contractor. [f such Work is in accordance with the Contract Documents. costs of Suncover- lng and replacement shaft, by appropriate Change Order. be charged to the Owner. If such Work is not in accordance with the Contract Documents. the Contractor shall pay such costs unless the condition was caused by the Owner or a sep~f~ate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 Thc Contractor shall promptly correct Work reiected by the Architect or faring to conform to thc requirements of Substantial Completion and whether or not fabricated, installed such reiected Work, including additional ~esting and ~nspec- expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- A201-1987 21 for commencement of w~m~ties established under Sub- p~agraph 99. i, or by terrns of an applicable speci~ w:Lrr'anW required by the Contract Documents, any of the Work ks found to be not in accordance with the requirements of the Contract Documents, the: Contractor shaft correct it promptly a~er receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work Erst perfiomaed afxer Substantial Completion by the period of tame between Substan- tial Completion and the actual performance of the Work. This obligation under this Subpaxagraph 12.2.2 shaft survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shaft give such notice prompdy after dis- coverv, of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner, 12.2.4, If the Contractor falls to correct nonconforming Work dance with Paragraph 2.4. [f the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the &rchitect, the Owner Contract Sum shall he reduced by the deficiency. If payments 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged constmcnon, whether completed or partial/2.' 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 t2.2 shall be con- stroed 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 ohligatinn of the Contractor to correct the Work, and has no relationship to ,'he time within which the obligation to comply with the Contract Documents may be sought to be enforced. nor to the time within which proceedings may be commenced to establish the Contractor's Iiability with respect to the Con- tractor's obligations other than specifically to correct the Work, 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will he reduced appropriate and equitable. Such adjustment shall he effected. whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 ~;OVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project ks located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 Tlae Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal represenra- assigns and legal representatives of such other party in respect tract Documents. Neither party to the Contract shall assign the consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13,3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mall to the last business address known io the party giwng notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations umposed by the Contract Docu- ments and rights and remedies available thereunder shall he in addition to and not a limitation of duties, obligations, rights and remedies otherwise tmposed or available by law 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a fight or duty afforded them under the Contract. nor shall such action or failure to act constitute approval of or acqmescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of pomons of the Work required by the Contract Documents or by laws, ordi- nances, hales, regulations or orders of public authorities having iunsdiction shall be made at an appropriate tithe. Unless other- wlse provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing Iaboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the ,Architect may observe such proce- dures. Thc Owner shall bern: COSTS of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.$.2 If the Architect, Owner or public authorities having jurisdiction determine that pomons of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph l 3.5. I, the Mchitect wdl, upon written authonzanon from the Owner, instruct the Contractor to make arrangements loc such additional testing, inspection or approval by an enuty acceptable to the Owner. and the Contractor shall give timely nonce to the .Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. la.s.a If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 revell failure of the por~ons of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensadon for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shali, unless otherwiSe required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so prompdy and. where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall Be made promptly to avoid unreasonable delay in the Work. 13.6 iNTEREST 13.6.1 Payments duc and unpaid under the Contract Docu- ments shall bea~ 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 pervading from ia'ne to tJ~me at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 AS between the Owner and Contractor: · 1 Before Substantial Completion. ,~ to acts or failures to act occurnng prior to the relevant date of Substan- hal Completion, any applicable statute of ~imitations shall commence to run and any alleged cause of acnon shall be deemed to laave accrued in any and all events not later than such date of Substanti.':l Completion: .2 Between Substantial Completion and Final C~tfi- cate for Payment. ,~ to acts or faiiurc~ to act occur* ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to mn and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final CerUlieata for P~/ment- AS to acts or failures to act occurring aAer the relevant date of issu- ance of the final Certificate tbr Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed co have accrued in any and all events not later than the date of any act or fmlure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or t~.llure to correct the Work by the Contractor under Paragraph I2.2, or the date of actual commission of any other act or tinlure to perform any duty or obligation by the Contractor or Owner. whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing por*.ions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, mak~g material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not nonfied the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptinns by the Owner as described in Pazagrapb [4.3 consntute in the aggregate more than 100 percent of the total num- ber or'days scheduled for compleuon, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to ~urrush to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.I. 14.1.2 If one of the above rea.sons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, 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 reo.sonable overhead, profit and damages. 14.1.3 if the Work is stopped for a period of 6d days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons pertbrming pomons of the Work under contract with the Contractor because the Owner has persistently failed to fuifiII the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor'may, upon seven additional days' written notice to the Owner :md the Architect. terminate the Contract and recover from the Owner a.s provided Lq Subparagraph I-L 1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the .1 persistently or repeatedly refuses or fails to sUPply enough properly skilled workers or proper materials: between the Contractor and the Subcontractors; .3 persistently disregards laws. ordinances, or rules, ceg* ,4 otherwise is guilty of substantial breach ora provision of the Contract Documents. 14.2.2 When any of the above reasons exast, the Owner, upon certification by the .Architect that sufficient cause e.'~ts to jus- A201-1987 23 tifF such action, may without prejudice to any other dghcs or remedies of the Owner and after giving the Contractor ;md the Contractor's surety, if ;my, seven days' wntten notice, termi- nam employment of the Contractor ;md may, subjec: to ;my' prior fights of the surety: .1 take possession of the site ;md of afl materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; ,2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 /`lrlJ. sh the Work by whatever reasonable method the Owner may deem expedient, 14.2.3 When the Owner terminates the Corumct for one of the reasons stated in Subparagraph 14.2.1, the Contrac:or shall riot be eruided to receive further payment until the Work is /'mlshed. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary', thereby, such excess shall be paid to the Contractor. If such costs exceed ~he unpmd balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shaft be certified by the .~-chitect, upon appli- cation, ;md this obligation for payment shall survwe termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor tn wntrng to suspend, delay' or interrupt the Work in whole or in parr for such per~od of time as the Owner may determine. 14.3.2 .~m adjustment sh'afl be made for increases in the cost of performmace of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No ad}ustment shall be made to the extent: .1 that performance is. was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Ad{ccstments made in the cost of performance may have a rflutually 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 o INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. STATE STREET BULKHEAD REPLACEMENT H-1 .2 .3 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence - $1,000,000 Aggregate, Products and Completed Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). 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 STATE STREET BULKHEAD REPLACEMENT H-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: (OwnedContracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, and forever discharge the said (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (OwneflContracting 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 THEREOF, the undersigned corporation has caused this agreement'to be signed byits and its corporate seal to be .~ hereto affixed and duly attested by its __this day of ,19__ .~ Attest: Principal: STATE STREET BULKHEAD REPLACEMENT K-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for BULKHEAD REPLACEMENT at STATE STREET - Skipper's Lane ORIENT NEW YORK 11957 STATE STREET BULKH~D REP~CEMENT L-1 O ) 01) El) E2) NOTE: 9 20 18.00 20 CO 22.00 4.00 4. O0 9/01/95- OVERTIME =AY: See ( O, O ) on OVERTIME PAGE . 50% 85% 70% 75% 80% 85% 90% SUPPLEMENTAL ZENEZETS:(per hour wor~eO) 6z30/96 AP°RENTZC~S: ( 8/30/96 HOLIOAYS: PAID: See ( 18. 19 ) on HOLIDAY PAGE. 40% 50% 65% aO% 8-2237 CARPENTE~ 6/30/96 50% AP°qENTZCE5 ( I 50% 7/01,'95- 5/30/96 5/30/96 Giaz~er ............. $ 27.85 =ire ~arm .......... 30.35 31,35 92.35 SUPPLEMENTAL ~ENEF[TS: f0/31,96 10/31/97 ~/30/98 5/0!/96- 4/30/97 L~neman ........ S 30.35 ~ 31.35 ~ 32.35 Tecnn:c:an ............ 30.35 31,35 32.35 Heavy Ecu:s. Oeec ..... 30,35 3~.35 32.35 Trucx 3r,,/er ......... 30,35 31 35 3~.35 Grouncman 30.35 3~ 35 32.35 WaGES(pen houri 8/01/94- 08,~8/g5- 08/04,96- 8/0~/95 08 03196 08/02¢97 24 mos 30 mos 36 mos OVErTiME gAY: See ( ~, ~, S ) on OVERTIME PAGE, ~OLZDAYS: ........................ ~_.~ '~C~ ........................... 8-40/36! i~CNWORKER WAGES(oer hour) 8/30/96 .:~C5 !-*- ~UF='SLK '996A 8-580 Heavy/Highway 76% aO% 50% 60% 70% 80% 90% SUPOLEMENTAL 3~NEFZTS:(peP hour worked) !2,31/96 OVERT[ME: See ( 5. 3, 25. 28 ) on ~CL£OA~ 2&GE 310.00 ¢1.20 13.OO 15.30 !8.DO MASON WAGES(~er hour) 7/01/9~- 7/O1/95- 8/20/95 a/30/96 Cement Mason .......... 3 2?.99 ~ 29.35 OVERTIME PAY: See ( C, O. V I :n QV~TZ~6 CAGE. HOLIDAYS: :/01/96- a/30/96 -CL:DAYS: m~:O: See ( I ) on HOL:OA'! PAGE OVERT:ME: See ( 5. ~, 3, 10 ) on HOLIDAY SUPPLEMENTAL 8ENEF:TS:ICer hour worked) 5/3019~ 8 - 20 5/0!/96- 1~ 01/96- :0131 96 1/30/97 32.25 5 22.50 0.03 02/01/96 07/31/96 $ 32.51 OVERTIME ~AY: See ( C, E2, O, ) on OVERTZME PAG~ . HOLIDAYS: P&ID: See OVERTZ~E: ( I ) on HOLIDAY PAGE . See ( 5, 6, 7. 11, 12 ) on HOLIDAY ~AGE . 11.74 13.32 14.89 16.43 17.95 !8.82 19.73 .3.~- !2/31/96 !/01/97- 20% of gross wage plus 2% o¢ grass wage dlus 20% Of gross wage plus $ 4.00 oer day paid olus 20% of gross wage plus 8/30/96 Chief ......... $ 25.96 ~oomam/Chalmman ..... 19, t~ OVERTIME: See [ B, E, O ) on OVERT~E ~AGE. HOLIDAYS: · S 9.20' CLASS ]LASS CLASS WAGES(per ~our} ?/0~.'96- 21/97 OVERTIME mAY: See ( D. O ) on ~'/E~Ti~E PAGE HOLZDAY$: OVER~Z~E: See ( 5, 5. B. 9. ~C. !6 ) an ~OLZOA¥ WAGES ( per ~our ) 7/0~/96- 5/51/97 ~0/01/95- 9/30/96 20. ~9 20. ~9 !9.30 20.94 20.52 wage 9/30/95 9/30/96 3% of wage 2!ass O $ 4.06 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national odgin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national 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 Contractods agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in wdting, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such wdtten agreement shall be made by such labor union or representative, pdor to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and ~b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. " The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. STATE STREET BULKHEAD REPLACEMENT M-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 the Owners representatives / counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other dghts 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 OwnedContracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation'; with a sub-contractor or vendor as a result of such direction by the ContractiOn Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). STATE STREET BULKH~D REP~CEMENT M-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be 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 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 cerlJfication is a violation of the Equal Opportunity clause in his contract As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest .rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker moms 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 origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time 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): STATE STREET BULKHEAD REPLACEMENT N-1 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated Facilities must be submitted pdor 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 (La., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "Dudng 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 b'eated 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) (6) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and Orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. STATE STREET BULKHEAD REPLACEMENT N-2 (7) The contractor will include ~he provisions of Paragraphs (1) through (7) in every subcontract or pumhase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided. however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805,4 Reports and Other Reauired Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each pdme contractor and each pdme contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such pdme 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 Govemment 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 raport if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) (4) The Director, the agency1 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. The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance w~ 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 subconffactor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in wdting to the Director by the agency as soon as practicable after it occurs. STATE STREET BULKHEAD REPLACEMENT N-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (2) (3) Each agency shall require each bidder or prospective pdme contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. 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 covenng the delinquent period or such other penod 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 prior to the award of the contract or subcontract When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such ether 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. STATE STREET BULKHEAD REPLACEMENT N-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 constructiqn or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplementeq by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of_8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, ro dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary 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. STATE STREET BULKHEAD REPLACEMENT N-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 ~ comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grentor 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 facilib/improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Cimular. 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 Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national odgin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or subgrantees and to assure that suspected ~ reported violations are promptly investigated..: STATE STREET BULKHEAD REPLACEMENT N-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and ever~ subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the vadous classes of mechanics, workingmen, or laborers employed on the work. Section 220.3..e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish wrftten evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no conbactor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under thi~; contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; STATE STREET BULKHEAD REPLACEMENT N-7 That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the terTitodal limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately pdor to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor, and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social secudty and safety code previsions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: ~It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment" The Notice may be obtained from the department having jurisdiction, or from the office of thee State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national odgin. STATE STREET BULKH~D REP~CEMENT No8 SPECIFICATIONS for BULKHEAD REPLACEMENT PART I - GENERAL SPECIFICATIONS 1.01 GENERAL CONDITIONS A. The contractor shall supply all labor, materials, equipment and services necessary or required to complete the work. The contractor shall fully familiarize himself with existing site conditions. The locations of all underground utilities shall be verified prior to commencing work. Damage to existing utilities shall be repaired at the contractors expense. The contractor may store his materials and equipment on the work site but the Town of Southold will not be responsible for damage or theft of same. In the event that anything reasonable, necessary or proper for the complete performance of the work to produce a first class finished job, has not been described in these specifications clearly, through oversight or palpable error, the contractor shall, not withstanding, execute and provide all omitted works and things as if they were severally described, without extra charge and to the satisfaction of the Town's authorized representatives. The contractor shall be responsible for all construction facilities and temporary controls. These items would include all temporary electric, heat, telephone, water and sanitary facilities. Barricades shall be provided around all hazardous areas during construction and shall be maintained and lighted in accordance with all State and Local Code requirements. The contractor may submit substitutions for products specified herein, where such substitutions are allowed. Requests for substitutions shall be submitted with complete data necessary to substantiate compliance with the contract documents. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. No claims for additional costs related to substitutions will be allowed. The contractor is specifically advised that he shall be responsible for on-site safety in regard to his area of work and shall indemnify and hold harmless the Town of Southold and the Architect from any and all claims resulting from on-site accidents or safety conditions. STATE STREET BULKHEAD REPLACEMENT Page 1 The contractor shall be responsible for cleaning all work related debris generated during this project in a timely fashion. All debds generated at this site shall be deposited by the contractor at the Southold Town Collection Center at NO COST. All dredged spoil shall be inspected by the Town. All spoil deemed unsatisfactory for fill shall be removed from site and deposited by the contractor at the Southold Town Collection Center at NO COST. All dredged material deemed suitable for back fill shall remain on site. 1.02 RELATED DOCUMENTS: General provisions of the Contract, including General conditions and Supplementary Conditions, apply to work in this section. B. Project Site Plan and Typical Bulkhead Section drawing attached. 1.03 DESCRIPTION OF WORK: All new construction shall meet the minimum requirements of the Southold Town Trustees and the New York State Dept. Of Environmental Conservation. The work under this section shall consist of furnishing all labor, material, equipment and appliances necessary or required to perform and complete all work including but not limited to the following: A). B). Excavation of existing Bulkhead and Rip-Rap. 1. All existing bulkheads shall be removed where required to accommodate new construction. All demolition work shall be in such a manner as to limit the amount of damage to the existing pavement. Any unnecessary damage to the existing pavement surface shall be replaced by the contractor at no additional cost. 2. Existing Concrete Rip-Rap shall remain in place. The contractor shall move or relocate the existing Rip-Rap as required to accommodate the new construction. Upon completion, the Rip-Rap is to be replaced such that it protects the end of the Bulkhead and the shoulder of the road from erosion. 3. Existing Guard Rail shall be removed dudng construction and salvaged for re-installed by the contractor at the completion of the project. Installation of new Bulkhead. 1. Provide new Bulkhead as shown on the site plan. All new construction shall meet or exceed the items indicated on the typical bulkhead section. STATE STREET BULKHEAD REPLACEMENT Page 2 The new bulkhead shall be securely connected to the adjacent bulkhead on the east side of the new construction. Provide 6" x 6" x 4'-0" Long treated wood butt blocks with four (4) - 3/4" diameter galvanized through bolts at each whaler connection. c). Installation of new filter fabric. 1. Provide new Poly "X" Filter Fabric over all new bulkhead sections. Fabric shall be continuous and extend from top of bulkhead to a minimum of two (2') feet below the existing mud line. All splices shall have a minimum overlap of two (2') feet. D). Removal of Debris. 1. All debris and dredge spoil generated from the proposed construction that is deemed to be unsuitable for fill shall be removed by the contractor and deposited at the Southold Town Collection Center. There will be no charge for material deposited at the town facility. E). Back fill. 1. The contractor shall utilize all suitable excavated material for back filling the new bulkhead. The Town of Southold will provide, and deliver to the site, all additional back fill material required to complete the project. 1.04 STANDARDS: All new construction shall comply with the following reference standards: 1. American Society of Civil Engineering Standard Practices. 1.05 CONTRACTOR QUALIFICATIONS: Contractor, upon request, must show evidence of the following qualifications: 1. A minimum of five (5) years continuous experience in bulkhead construction. 1.06 QUALITY ASSURANCE: The contractor shall be responsible for verifying all existing conditions and limitations. The extent of clearing and the amount of required excavatiOh shall be verified by the contractor prior to submitting his bid. :? The contractor shall be responsible for fully investigation the existing site conditions and shall be responsible for verifying all dimensions and quantities. STATE STREET BULKHEAD REPLACEMENT Page 3 1.07 DELIVERY STORAGE AND HANDLING: Delivery, storage and handling of equipment and bulkhead materials shall be in accordance with industry standards. 1.08 JOB CONDITIONS: 1.09 The road end shall be closed to the general public during the course of construction. The contractor shall be responsible for providing all necessary barricades and fencing to ensure public safety. Excavation and stockpiling of backfill material: 1). All stockpiling of excavation material shall be in an approved location immediately adjacent to the construction area. All stockpiles shall be protected with a continuous barrier of silt screen and hay bails to prevent silt from entering tidal waters. 2). The backfilling of the new bulkhead will not be permitted in freezing weather. 3). The contractor shall use all stockpiled fill material to backfill the new construction. All additional fill material required shall be delivered to the site by the Town of Southold. PERMITS: The Town of Southold has obtained construction permits from the New York State Department of Environmental Conservation. END OF SPECIFICATIONS STATE STREET BULKHEAD REPLACEMENT Page 4 DEC PERMIT NUMBER 1-4738-00589/00002 FACILITY/PROG~ NUMBER(S) TYPE OF PBRMIT N New PE'k" Z¥ Under the Environmental Conservation Law NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CCNSEI~VATION Article 15, Title 5: Protection of Waters Article 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: Long Island Wells Article 15, Title 27: Wild, Scenic and Recreational Rivers Certification Article 19: Air Pollution Control Article 23, Title 27: Mined Lar~ Article 25: Tidal Wetlands Article 27, Title F; 6NYCRR 360: Solid Waste Managefl~ent Article 27, Title 9; 6NYCRR 37-J: Hazardous Waste Manage~nent Article 34: Coastal Erosion Article 36: FIondplain Management Articles 1, 3f 17, 19, 27, 37; 6NYCRR 380: Radiation Control Other: PERMIT ISSUED TO TELEPHONE NUMBER Town of Southold (516) 765-1892 ADDRESS OF PERMITTER Town Mall, Main Road, Southold, NY 11971 CONTACT PERSON FOR PERMITTED ~ORK TELEPHONE NUMBER JaMs McMahon NAME AND ADDRESS OF PROJECT/FACILiTY End of Skippers Lane, (State Street), Orient, NY 11957 LOCATION OF PROJECT/FACILITY COUNTY Suffolk TOWN SouthoLd ~TERCGtJRSE Orient Harbor NYTM D~ORD1NATES DESCRIPTION OF AUTHORIZED ACTIVITY Install 92 linear feet of timber b~lkhead in place of existing bulkJnead. New b~lkhead will align with adjacent b~lkhead to the east. Dredge 10' off bulkhead to a depth of -4 MLW. Resultant 20 cubic yards shall be used as backfill. Existir~ non-functional stormwater outfa[[ shall be r~ved. AL[ work shall be done accordir~j to survey prepared Town of $outho[d revised Jar~ary 13, 1997 and sta~qo~:~ NYSDEC Apf~roYed o~ April 2, 1~?. 8y acceptance of this permit, the permittee agrees that the permit is contingent upon strict c~pLiance with the ECL, all applicable regulations, the General Conditio~ specified (se~ page 2) ~ any Special Conditions included as part of this bermit. PERMIT ADMINISTILATOR: /~ Y~C'I ADOREBS ~C~)~_~" ~CVOvl~ Bldg. 40, BUNT, Room 219, Stony Brook, NY 11~0-2356 AUTHORIZED SIGNATURE ~)~ ~) DATE Page t of 4 GENE~L CONDITIONS Inspections 1. l~qe permitted site or facility, including relevant records, is subject to in- spection at reasonable hours and intervals by an authorized re?esentative of the Department of Environmental Conservation (the Department) to determine whether the perm~ttee is complying with this permit and the ECL. Such represen- tative may order the work suspended pursuant to ECL 71-030! and SAPA 40t(2). A coby of this permit, including alt referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Permit Changes and Renewals 2. The Department reserves the right to modify, suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regula- tions is found: b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered: or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. The permittee must submit a separate written application to the Department for renewal, mcdificaticn or transfer of this permit. Such application must include any forms, fees or .supplemental information the Department requires, Any renewal, modification or transfer granted by the Department must be in writing. llqe permittee must submit a renewal application at least: a) !80 days before expiration of permits for State Pollutant Elimination System (S?DES). Hazardous Waste Management (HWMF), major Air Pollution Control (APC) and Solid Waste Facilities (SWMF); and b) 20 days before expiration of all other permit types. Discharge Facilities Management Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination perviously issued by the Department or any of the terms, conditions or requirements ccntained in such order or determination. Other 6. Legal Obligations of Permittee ll~e permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of the project described in this permit and has agreed to indemnify and save harmless the State from suits. actions, damages and costs of every name and description resulting from this project. l~is permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of amy rights, title, or interest in real or personal property held or ves~ed in a ~ersen not a party to the permit. 8. l~ne permittee is responsible for obtaining any other permits, approvals, lands. easements and rights-of-way that may be required for this project. Pa~e 2 of ~ Office of General Services or local government which may be required and 6 NYCRR Part 608 ( TIDAL WETLANDS t3 ) other environmental],/ deleterious materials associated with the pfoiect Any material dredged in :he prosecu[ion of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to nawgable channels or to the banks of a waterway There shall be no unreasonable interference with navigation by the work herein authorized. [f upon the expiration or revocation of this permit, the proiect hereby authorized has not been completed, the applicant shall, without expense to the State, and :o such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore ~be site to its former condition. NO ctaim shall be made against the State of New York on account of any such removal or alteration. If granted under 6 NYCRR Part 608, the NYS Department of Environ- mental Conservation hereby certifies that the subject proiect will not contravene effluef~t limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Ctean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. Ail activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by on SPECIAL CONDITIONS 1. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 2. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity. 3. Ail fill shall consist of "clean" sand, gravel, or soil (not asphalt, flyash, broken concrete or demolition debris). 4. Ail peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads etc. shall be completed prior to placement of any fill material behind such structures. 5. There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or int° any tidal wetland or adjacent area. Supplementary Special Conditions (A) through (F) attached. i-4738-00589/00002 PROG R^M/FAC[LJTY NUMB[R Page 3 of __ The following conditions apply to all Tidal Wetlands; Freshwater Wetlands; Coastal Erosion Management; and Wild, Scenic, and Recreational Rivers Permits: A copy of this permit, including all conditions and approved plans, shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the work site until all authorized work has been completed. The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its general, special, and supplementary special conditions. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address on page one or telephone (516) 444-0365. Ce If project design modifications become necessary after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submission of a new application for permit. De At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a survey. For projects involving activities to be undertaken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to recommencing work in subsequent years. Fo The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242 (516) 474-2195, which may be required for any encroachment upon State-owned lands underwater. DEC Permit No. ]-4738-00589/00002 Page 4 of 4 z 0 ~_.~ ~_=~_g . ~0~.:0 ~ 0 · ---<~ INVITATION TO BIDDERS: BULKHEAD REPLACEMENT AT STATE STREET "Skippers Lane" ORIENT HARBOR STATE STREET ROAD END ORIENT, New York 11957 REVISED: MAY 20, 1997 SOUTHOLD TOWN ENGINEERING DEPARTMENT Pr=CONIC LANE PECONICI N.Y. INVITATION TO BID PROJECT: BULKHEAD REPLACEMENT - STATE STREET (Skipper's Lane) ORIENT, NEW YORK 11957 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as requireded for the construction of the Bulkhead Replacement at the road end of State Street, in accordance with the Plans and Specifications (dated May 20,1997) prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, Thursday, .~ne 12, 1997. All specifications are provided herein: drawings to be attached. A fee of ten dollars ($10~00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for per['ormance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: May 13, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southotd Town Clerk STATE STREET BULKHEAD REPLACEMENT A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. STATE STREET BULKHEAD REPLACEMENT B-1 D. 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. E. AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated 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. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. STATE STREET BULKHEAD REPLACEMENT B-2 I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within fifteen (15) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. STATE STREET BULKH~D REP~CEMENT B-3 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Drawings Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety A- 1 through A- 1 B - 1 through B- 3 C - 1 through C- 1 D- 1 through D- 2 E- 1 through E- 1 F-lthrough F-1 AIA Document # A310 G- 1 through G ~ 1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations AIA Document # A201 H - 1 through H- 2 K- 1 through K- 1 L-lthrough L-1 M - 1 through M - 2 N - 1 through N -8 SPECIFICATIONS Bulkhead Specifications Page 1 through Page 4 DRAWINGS Site Plan and Bulkhead Section Sheet#: 1of1 STATE STREET BULKHEAD REPLACEMENT C-1 PROPOSALFORM DATE: ~-/2-qz NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the suppl!es relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: May 20, 1997, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottoM page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: BULKHEAD REPLACEMENT - STATE STREET (Skipper's Lane) ORIENT, NEW YORK 11957 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, h,e will accept, in full payment thereof as listed below: STATE STREET BULKHEAD REPLACEMENT D-1 BULKHEAD REPLACEMENT AT THE STATE STREET ROAD END IN ORIENT. THE SIZE OF THE BULKHEAD SHALL BE AS INDICATED ON THE PLANS AND IN THE SPECIFICATIONS. THE CONTRACTOR SHALL PROVIDE ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT THE BULKHEAD IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in wterds) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further; effect for a pedod of forty-five mutual agreement may exten Signature of Bidder: e~that thi days, the, is time ~ proposal is a formaJ bid and shall remain in Town will accept or reject this proposal or by iod. Business Address: Telephone Number: Date: STATE STREET BULKHEAD REPLACEMENT D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public departmen[, 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 so[d, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pdor to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that(~;lt~,~ Lo -~,.~,,~e.,5 ~. of /'~.~ie~4-e.'~C,'e(~ /¢~55o~,',q-/¢~ 2~<4', (Name) / (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be BULKHEAD REPLACEMENT - STATE STREET (Skipper's Lane) ORIENT, NEWYORK 11957 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965 /~ ~' day of (Signature) STATE STREET BULKHEAD REPLACEMENT E-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 (Bidder) Certifies that: 1. 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 I1, 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 ea~ of its subcontractors and submit to the contracting or administering agenc[yi~dor to the .award of any subcontractor under this contract the subcontractor certifi~ese Bid C~nditions. (Sign~ltd're of Authorized Representative of Bidder) STATE STREET BULKHEAD REPLACEMENT F-1 AMWEST SURETY INSURANCE COMPANY BID BOND BOND NO.:665284 KNOW ALL MEN BY THESE PRESENTS, that we CHESTERFIELD ASSOCIATES, INC. 56 SOUTH COUNTRY ROAD WESTHAMPTON BEACH, NEW YORK 11978, as Principal, hereinafter called the Principal and AMWEST SURETY INSURANCE COMPANY 140 BROADWAY - 21st FLOOR NEW YORK, NEW YORK 10005, a corporation duly or~ani~ed ander thc laws of the Stat~ Of Culiforlda as hereinafter called the Surety, are held and firmly bound unto TOWN BOARD OF SOUTHOLD SOUTHOLD TOWN HALL, MAIN ROA SOUTHOLD, NEW YORK 11971, as Obligee, hemina~r called the Obligee, in the sum of TWO THOUSAND TWO HUNDRED FIFTY AND XX/100 Dolla~ ($2,250.00) for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for STATE STREET, ORIENT HARBOR, ORIENT, NY, BULKHEAD REPLACEMENT, CONSTRUCT NEW BULKHEAD, REMOVE OLD BULKHEAD, 81 L.F. NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithfifl performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the diffe~nce not to exceed the penalty hereof between the mount specified in said bid and such larger amount for which the Obligee may be in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, othenvise to remain in full force and effect. Signed and sealed lifts 1 lth day of JUNE, 1997. (Wimd~s)- -" ' / (Witn~ess) ~/ CHESTERFIELD ASSOCIATES, INC. (Principal) AMWEST SURETY INSURANCE COMPANY RI~HAR.D GU.~tR~..)ttorney-in-fact SURETY ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NASSAU SS: On this 11th day of JUNE in the year 1997, before me personally came RICHARD GUARINI to me known, who being by me duly swom, did depose and say that he resides in AMITYVlLLE, NEW YORK; that he is the attorney-in-Pact of AMWEST SURETY INSURANCE COMPANY the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to 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 by like order. NOTARY PUBLIC STAMP IRENE M. KOWALSK1 ~1~ Public. State of New Yo~ No. 4957222 Qualified in Nassau County Commission Expires Oct. 10. 19..~ / INDIVIDUAL -*'~-RIN ClPAL STATE OF COUNTY OF NOTARY PUBLIC SS: On this __ day of , 19 foregoing instrument and duly acknowledged to me that , before me, the undersigned personally came and appeared to me personally known and known to me to be the individual described in and who executed the executed the same. NOTARY PUBLIC STAMP CORPORATION - PRINCIPAL /' STATE OF /F'~.~,/V/~ ~.~. '~. SS: COUNTY OF ::~' '-~" ~ On this . day of / o~'~L~ , 19 ~'~' , before me came NOTARY PUBLIC to me known, who, being by me duly swom, did depose and say that he resides at ~.~ d' 4.~. /_ ..~-~ thatheis "-~,~,/~ of ~../~.~-~/-. r ~ ~-I ~ r-~..~ ,:~..,*¢.~.~ ,..~..,*c~ , the corporation described in and which executed the foregoing instrumerrt as principal; that he knows the seal of said corporation; that the seal affixed to said instrument is such corproate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC STAMP PARTNERSHIP - PRINCIPAL STATE OF '~ SS: COUNTY OF NOTARY PUBLIC On this -- day of , 19 , before me personally came to me personally known, and known to me to be a member of the firm of and he duly acknowledged to me that he executed the same for the uses and purposes therein mentioned. NOTARY PUBLIC STAMP NOTARY PUBLIC F;ffMCiAL ST,~~----~vT' ,o~;_u;~ ~. ~;~ ~/¢ES? ~JRETY ;NSUR~NCE COMPANY COUNTY OF e,Sl~,S31 12.a43,64~ 104,M6 (309. T33) 2.123,221 7.830.63~ ?"/0.436 ZT. OM.233 4,O00,OOO e, OOO, O00 &SOO,COO 11,41<1,t14 31.0~0.g1~ /Idk,4clfl.3Ol 0000665284 KNOW ALL BY THESE pRESENT, that Amwest Surety insurance Company, a Nebraska conporation (the ~Company"), does hereby make, its u'ue and lawful Allomey-in-faat, with limited power and authoriq remains in full 665284 Bond No, __ This POA is signed and ~aled b~ Company at a meeting duly RESOLVED, that the Preaident or an authority as defin~ ~a~en G, Cohen, Secretary ' the Board of Directors of Amwest Surety Insurance (i) when signed by the (ii) when signed by the Preaid~nt or an' (iii) when duly r one or mom attomey~-in- fact or agents pumuant to and w/thin the limits of the authority evidenced ,,'"~ %NS 0~'"'",~ WITNESS~ ~ana ano ommm seal hand and omciat seal. -"' '¢,'~ .................... ~'"~ "'- ~ ~,...." p,P 0,9 -....,.4,% i~! DEC. 14, %~'"' ~'~' S~ THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Princfpal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these pre~ent5. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if tile Obiigee shall accept ~he bid of the Pi'incipai and the Principal shall enter into a Contact with the Obiigee in ~cro~ance wi~ the te~s of su~ bid, and give such bond or bonds as may be specifi~ in the bidding Signed and sealed this day of IWimess) (Principal) (Seal) (Tide) (Sureqz) (Sear) (Tide) OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds ' to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND. OR BID MAY BE REJECTED. STATE STREET BULKH~D REP~CEMENT G-1 H 'E E R I C t, ~ [ N S T I T U T E o F A R C ~ [ T £ C T AIA Document A201 General Conditions of the Contract for Construction 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS A,ND COMPLETION 10. PROTECTION OF PERSONS ,~,N'D PROPERTY I 1.INSUR2uNCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK I3. MISCELL~.NEOUS PROVISIONS 14. TER~MINATION OR SUSPENSION OF THE. CONTRACT This document has been approved and endorsed by the .~sociated General Con[rectors of America. Copyright 1911, 1915, 1918. 1925, [93v, 195l, 1958. 19(~1, 1965, [9(u6, I907. I9-0. 1976. @1987 bv Thc Amebean Institute otArchit¢cr$. 1-3~ A201-1987 I INDEX Acceptance of Nonconforming Work ........ 9.6.6, 9.9.3.12.3 Acceptance of Work .......... 9 6,6, 9,8.2.9.9.3.9.10.1.9. t0.3 Acce~-s to Work ....................... 3.16, 6.2.1, 12.1 Accident Prevenuon ........................ 4.2.3, 10 Acts and Omissions .,. 3,2.1.3.2.2.3.3.2,3.t2.8,3.18.4.2.3,4.3.2, Additional Cost, Clamas for ........ 4.3.6, 4.3.7, 4.3.9, 6, I. 1.10,3 Additional Inspections and Testing ....... 4.2.6.9.8.2. 12,2.1. [3.5 Additional Time. Clmms for ............ 4.3.6. 4.3.8, 4.3.9, 8.3.2 Aesthefic Effect 4.2.13, 4.5. I Allowances 3.8 Appllcatlom~ for Payment ~. 4.2.5.73.7, 9.2, 9.3, 9.4, 9.5.1,96.3. Approvals 2.~. 3.3.3.3.5, 3.10.2, 3.12.4 through 3.12.8. 3.18,3, Arbitration 4.14, 4.3.2.4.3.4, 4.4.4, 4.5, Architect 4.1 Archi[ecL Extent of Authority 2.4, 3.12.6. 5.2.4.3.2, 4.3.6. Architect. Limitations or'Authority and Responsibility 3.3.3.3.12.8. 4.2.13, 4.3.2, 5.2.1. 74.94.2. 9.6.4.9.6.6 Architect's Administrat{on of U'le Contract ..... 4.2,4.3.6. Architect's Approvals 2.~. 3.5.1.3.10.2.3.12.6.3.12.8, 3.18.3.4.2.7 Architect's Copyright 1.3 Architects Decisions ..... 4.2.6, 4.2.7, 4.2, I I. 4.2.12, 4.2.I3, Awar~t of Sut~contracts and Other Contracts for Portiorm of the Work 5.2 Basic Definitions 1.1 Bonds. Performance and Payment 7.3.6.-*. 9 [0.3, [ 1.3.9, 114 Capitalization ................................ 1.4 Certificate o f Substantial Completion ............ 9.8.2 CerUflcatea for Payment ....... 4.2.5,4.2.9,9.3.3,9.4.9.5,9.6.1. Certificates o f Inspection, Te~ting or Approval .... 3.12.I1. 13.5.-~ Certificates o f Insurance .............. 93.2.910.2. Change Orders, Definition of ................... 7.2.1 Checge~ .................................. 7.1 CHANGES IN THE WORK .... 3 1 I, 4.2.8, 7, 8.3.1.9.3. t. 1.10.1.3 CIa~m, Definition o f 4.3.1 Claims and Disputes .......... 4.3, 4.4, 4.5, 6.2.5.8.3.2. 93.12, 93.3, 9. tO.-L tO.t.4 Claims and Timely Anserflon of Claims ............ 4.5.5 Claims for Additional Cost ...... 4.3.6,4.3.7, ~.3.9.6.1.i, I0.3 Claims for Additional Time ......... 4.3 6.4.3.g, 4.3.9, 8.3.2 Claims for Concaalad or Unknown Con{~ltlons ........ 4.3.fi Claims for Damages. , . 3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2.9,5.1.2, i0. I Claims Subject to Arbitration ........ 4.3.2.4.-~.4, 4.5.1 Cleaning Up ............................. 3.15,6.5 Commencement of Ststutov/Limitation Pedod ..... 13.7 Commencement of the Work. Conditions Reiadng to ..... 2.1.2. Commencement of the Work, Definition of ....... 8.1 COMPLETION, PAYMENTS AND 9 Completion. Substantial ....... 4.2.9, 4.3.5.2, 8.1. I. 8.1.3.8.2.3, Compliance with Laws L3, 3.6. 3 7, 3.13.4.1.L 10.2,2. 11.1. Concealed or Unknown Conditions ............. 4.3.6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ....................... 1.1.4.6 Construction Change DirecOve, Definifion of .............. 7.3.1 Const carrion Schedules. Contractor's ............ 3.10,6. L3 Condngent Assignment of Subcontracts ............ 5.4 Continuing Contract Performance ......... 4.3.4 Con(mcu Definition of I. CONTRACT, TERMINATION OR SUSPENSION OFTHE 4.).7, 5.**~.I, 14 Contract .Administration 3.33.4, 9.4.9.5 Contract .&ward and Execution, Conditions Relaong to 3.7. i. Contract Documents, The 1.1, 1.2. - Contract Documents. Copies Furnished and Use o~ . . 1.3, 2.2.5, 5.3 Contract Documents. Definition of I. 1. Contract Per£ormance During Arbitration ~.3 4.453 Contract Sum ............ 3.8.4.3,6, 4.3.7, 4.4.~. 52.3. Contract Sum, Definition of ~.1 Contract Time ......... 4.3.6, .~.3.8. ~.~.4.72.1 3, 7.3. Cont tact Time. Definition o f ................. 8.1.1 2 A201-1987 AIA DO{~$MliNT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® ~' <~ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NID~ YORK AVENUE. N.W.. WASHINGTON. DC. 20006 CONTRACTOR ............................... 3 Con[rector, Definition of .................... 3.1,6. i.2 Contractor's Bid ................................... I. 1. l Contractor' s Construction Schedules ........... 3.10,6:i.3 Contractor's Ecnployces ....... 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3, 4.2.6.8.1.2. 10.2, 10.3, Il. IA, 14.2.1.1 Contrector' s Mab01ty Insurance ..................... 11.1 and Owner's Fo£ces .... 2.2.6. 3.12.5, 3.14.2, 4.2.4, 6, 12.2.5 Performing me Work 3.32, 3.18.4.2.3, 10 73.6,9.2,93.1,98.2,991.9102, 3.3, 3.4, 4.2.3. 82.2. 82.3. 10 3.i0, 3.12.7, 6.13, 6.2.1 Copies Furnished of Drawing5 and Specifications . 1.3, 2.2.5, 3.11 Correction of Work 2.3, 2.~, 4.2. L 98.2, Cutting and Patching 3.14, 6.2.6 Damages for Delay .............. 6.1.1, 8.3.3, 9.5.1.6, 9.7 Day, Definition of 8, t.~ Oeciaiona to Withhold Certification 9,5, 97, 14. [. 1.3 Reiec~ion and Correction of ....... 2.3, 3.4. 35. l, ~.2.1, 4.2.6. 4.3.5. 952, 9.82, 9.91, 10.2.5, [2, 13.7 [.3 Emeegeccte$ ........................ 4.3.7, 10.3 Employees, Comractor s ..... 3.3.2, 3.4.2.3.8.1,39, 3.18.1, Execution ant[ Progress of the Work ..... Execution, Correlation an(~ Intent of the Contract Documents ................. 1.2, 3.7i Extensions of Throe ....... 4.3.1.4.3.8.7.2.1.3, 8.3, 10.3I Failure o f Payment Dy Contractor 951.3. 1,~.2A 2 F:nlure of Payment by Owner -L3.-, 97, I4.1.3 Faulty Work (See Defective or Noncon/brming Work) Final Completion and Final Payment Fin:mc:al Arrangements. Owner's 2.2.1 GENERAL PROVISIONS Governing Law 13.1 4.3.-~. 6.13 O.l.,~. 6.2.6, 93.2, 9.6. I, 9.6.4. 9.8.3, 99.2. Injury or Damage to Person or ProperW 4.3.9 [nspec=ions 3.3.3, 3.3 ~. 3.71, 4.2.2. 4.2.6, 4.2.9, 4.3.6, 94.2, 9.82. 9.92, 9.10I, 13.5 Instructions [o the Contractor 3.8.1,.*.2.8.52A.-, I2.1, 13.5.2 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor' s Liability 11.1 Insurance. Effective Date of 8.2.2. [ [. i 2 Insurance, Owner's LJaiailit3t 11,2 A201-1987 3 Limitations of Time. General ......... 2.2.1,2.2.4, 3.2.1.3.73. 3.8.2. 3.I0. 3.12.5, 3.15.1, 4.2.i, 4.2.7, 4.2.1I. 4.3.2. 4.3.3, 4.3.4.4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 5.23, 6.2.4, 7.3% 7.4. Lcas of U~e Insurance ........... 11.3.3 931, 9.3.1.2. 93.3, 9.4.2, 96.5, 910.4 Materials. Hazozdous .................... I0 l. 10.2.~ 7.36. 9.3.2, 9.3.3. I2.2.4, Minor Changes in the Work I. 1. I, 4.2.8, -~3.-. -. I, 7.4 MIBCELLAN EOUS PROVISIONS ............ 13 Mutual Responsibility fi.2 Noncontsrming Work, Acceptance of 12.3 Notice 2.3. 2.4. 3.2.1. 3.2.2. 3.7.5, 3.7.~. 3 9. 512.8. Notice, Written 2.3,2.4,3.9.3.12.8.3 I2.9,4.3. Notice of Testingand Inspec:ions .... 13.5 I. 135.2 Notices, Permits, Fees and 2.2.3.3.7, 3.13. - 3.0.-~. !02.2 Occupancy 96.6,98. I.99. II.3.11 94.2. 95.1. 910[. 13.5 Orders. Warren 2.3.3.9. 4.37, -, 82.2. 1 [.3.9. 12. 12.2. 1352. Ownees Liability Insurance 11.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work ........ 2.3,4.3.7 Owner's Right to Terminate the Contract ........... 14.2 Ownemhip and Use of ArChitect's Drawings, Specifications and Other Documents 1.1 t, 1.3, 2.2.5, 5.3 Partial Occupancy or Use ........ 96.6, 9.9, t 1.3.11 Patching, Cutsng and 3.14, 6.2.6 Payment, Applications for ...... 4.2.5.9.2, 9.3. 9 95.1.9.~,3.910.1, 910.3, 9.10.4, 14.2.4 96A.9.6.6.97I. 98.3. 9101.910.3. 13.7, 14. LL3. 14.2.4 Payment, Failure of 43.7, 95.13, Payment Bond, Performance Bond and 7364. Payment. Progress 4.3.'~, 93, 96, PAYMENTS AND COMP!.STION 9, l-~ 902. 96.3. 96.-h 11.38,14 .... · PCB I0.1 Performance Bond and Payment Bond -36.4. Permits. Fees and Notices 2.2.3, 3.7, 313. '.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 1 Pols'chlonnated Biphenyl 10. I Product Data. Definition of 312.2 progress and Completion ~2.2, ~.3.4, 8.2 progress Payments 4.3.4, 93. 62.2. 8.2.1. 9.3.3, 94.2. 9.5.1. 98.2. Resolution of Claims and Disputes 4~4, Responsibility for Those Performing the Work . 3-. 42.3,61.3, 62. 10 Retmnage ...... 931.9.62.9.85.991.9.10.2.9 [03 Review of Contract Documents and Field Conditions by Contractor t .2.2, 3.2, 373.3 [ 2 T Review of Shop Drawings. Product Data and Samples by Contractor 3.12.5 RightsandRemedies 1.1.2.2.3.2.4.35 .3 52. Royalties and Patents 3.17 4 A201-1987 Rules and Notices for ArDitraUon ................ 4.5.2 Safety of PemOna and Property .............. 10,2 Safety Precautions and Programs ......... 4.2.3,4.2.7,10.1 Samples. Definition of 3.12.3 Samples, Shop Drawings, Product Data and . 311,3.12,4.2.7 Samples at the Site, Documents and ............. 3.11 Schedule of Values ...................... 9.2, 93A Schedules, Con$t~cnon 3.10 Separate Contracts and Contractors 1.1.4. 3.14.2, 4.2.~. Shop Drawings. Definition o f ................. 3.12.1 Shop Drawings, Product Data and Samples 3.11,3.12, 4.2.7 Site [nspections 1.2.2.334, 4.2.2.4.2.9, 4.3.6. 982, 9 [01, 13 Site Visits, Arc~irect s ......... -~.2.2, 4.25, -~.2.9.4.3.(3. 9~.2.9.5.1. 98.2, 9.9.2. 9 t0. t. I3.5 Special lnspecfions and Testing 4.2.6. 12.2.i, 135 Speciflcatlona, Definition o f the 1,1.5 Specifications, The iA.l. 1.1.6, 117, [.2.4. 1.3, Statutes of Limitations 45.42. 12.2.6. I3.7 Subcontractor. Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors. Work by 12.4, 3.32, 3.12. 42.5, 5.3,54 Subcontractual Relationa 5.3, ~ 4.9.3.1.2.9b.2. Subrogation, Waivers of 61 I, 11.3.5, 11.3.7 Substantial Completion. Definition of 9.8.1 5ubstituuon of Subcontractors 5.2,3, ~ 24 Successors and Assigns 13.2 Superintendent 3.9, H~26 Suapenaion by the Owner for Convenience .... 14.3 Taxes ...................... 3.5, ,.36.4 Temlinaflon by the Contractor ................ 14.1 Terminctlon by the Owner for Cause ....... 5.q. Ll. 14.2 Termination o f the Archi[cc[ 4.1.3 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.3.3. 4.2.6. 4.2.9. 9 ~._. I.._.I.13.5 TIME 8 Time, Delays and Extensions of ~.38. -2, [. 8.3 Time Limits on Claims 4.3.2. 4.3.3, 4.3.6 439.4.4. ~5 Title to Work 93.2.93 ~, UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 UssofSite 3.13.6.! 1.62 I Values, Schedule of 9.2, 93. l Waiver of Claims: Final Payment. 4.3.5, ~.5. l, 9.103 9.103. LI33. 11.35, Ii.3-L3.4.2 4.3.53,933.982.991. I22.2. t~-l.3 When Arbitration May Be Demanded 4.5.4 Written Orders 2:3, 3.9, 43 - A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS Thc Contract Documents consist of the Agreement between Owner and Contractor (beremafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, instructinns to Bidders, sample forms, the Contractor's bid or portxons of addenda renting to bidding requirements). 1.1.2 THE ¢oKrrRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral, The Con- tract may be amended or modified only by a Modificauon. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or pamally completed, and includes all other labor, materials. equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic :md pictor,al portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work. generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents cortsisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1,? THE PROJECT MANUAl. The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specificatiom. 1.2 EXECUI'ION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor oc both do not s~gn all the Contract Documents, the &rchitec[ shall identifsr~ such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the sire, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with requlre- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by ali; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and ressonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisinns, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanmgO are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications :md other documents prepared by the Architect are instruments of the Architect's service through which the Work to Be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor~ Sub- subcontractor or material or equipment supplier shall oxVn or claim a copyright in the Drawings, Specifications and'other documents prepared by the Architect, and tmleas otherwise indicated the Architect shall be deemed the author of them and wflI retain all common law. statutory and other reserved nghts, in addition to the copynght. MI copies of them, except the Cuntramor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any SubconLractor, Sub- subcontractor or material or equipment supplier on other proi- ects or for additions to this Project outside the scope of the 6 A201-1987 :md mated.al or eqdipment suppliers are gr'znted a limited license to nsc and reproduce applicable poaions of ~h¢ Draw- inj~s, Specifications :md other documents prepared by Architect appropriate to and for use in the execution of their Work under the Corumct Documents. All copies made under this license shall bear the statutory, copyright notice, ff any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with thJ~ Project is not to be construed a.s publication in derogation of the .~chirect's copyright or other reserved 1.4 CAPITALIZATION 1.4.1 Tem-~s c~pir~lized i~ d~¢ General Conditions include those which are (l) spcdific:~[y defined, (2) the tides of aum- bered ;ucides and [densified mt.erctlces to p~g~ph~, Subpaz'a- Sraphs and C~,u.ses in the.document or (3) the titles of other documcnLs pubEshed by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contact Documents fre- quently omit modifying words such ~ ";~" and "any" and mi- ARTICLE 2 OWNER 2.1 DEF1NmON 2.1.1 The Owner is thc person or ennty identified as such in the Agreement and is referred to throughout the Commct Documents as it'singular in number. The ten'n "Owner" mc'mas the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable wmten request shall furnish to the Contractor in writing information which is necessary and enforce mechanic's lien rights. Such information shall include a which the Project is located, usually referred to as the site. and Agreement and, within five days alter any change, information 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shY, at the request of the Contractor. prior to execution of the Agreement and prompdy from time to tame thereafter. Xirnlsh to the Contractor reasonable evidence that financial arrangements have been made to f'uifill the Owner's obligations under the Contract. [Note: Unless such reaxona&le e~.tdence zz,ere fttrnt$/Jed on request t)rzor to rt~e e.~ec'ution of 2.2.2 The Owner shall furnmh surveys describing physical of the Proiect. and a legal descnpuon o~: the site. 2.2.3 Except for permits and fees which are the responsibility shall secure and pay tbr necessary, approvals, easements, assess- menrs and charges required for construction, use or occupancy. of permanent structures or for permanent changes in existing t~.cliities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless other'wtse provided in the Contract Documents, the Contractor will be i:umished, free of charge, such copies of Drawings and Proiect Man,a.cds as are reasonably necessary, for execution of the Work. 2.2.6 Ttse foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 It' the Contractor faJ~ to correct Work which is not in accordmace with the requirements of the Contmct Documents as required by Paragraph 12.2 or persistently falls to carry out Work tn accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or :my portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fiils within a seven-day period aker receipt of written notice from the Owner to commence and continue correction of sudt default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- day period a/~er receipt of such second aotice fails to com- mence and continue to correct any deficiencies, the Owner may, without preiudice to other remedies the Owner may have. correc= such deficienci~. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deti- c~encies, including compensation for thc Mchitect's additional services and expenses made necessa~, by such det;.idit, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or therc"afier due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified ~ such in the Agreement :md is referred to throughout thc Contract D~>cuments as if singular in number. The term "Contractor" mc.ms the Contractor or the Contractor's authorized representative. A201-1987 7 3.2 REVIEW OF CONTRAC'~ DOCUMENTS AND FIELD CONDITIONS Ely CONTRACTOR 3.2.1 The Contractor shall carefully studv and compare the Contract Documents with e-5'ch other an~ with information furnished by tfie Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistenmes or omissions discovered. The Contractor shall not be liable to the Owner or Mchitecr for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly faded to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or om~sion in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such pertbr- mance and shall bear an appropriate amount of the attributable costs for correcnon. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to ine Contractor with the Contract Documents before commencing activities. Errors. inconsistencies or omissions discovered shall be reported to the .-Lrcfiitect at once· 3.2.3 The Contractor shall perfurm the Work in accordance with the Conrtact Documents and submittals approved pur- suant to Paragraph 3.I2. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work. using the Contractor's best skill and attention. The Contractor shad be solely responsible for and have control over construc- tion means, methods, techniques, sequenczs and procedures and fur coordinaimg ali portions of the Work under the Con- roms concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner fur acts and ~heir agents and employees, and other persons performing 3.3.3 The Contractor ~hall not be relieved of obligauons ti) per- form the Work in accordance with the Contract Documems approvals required or pertbrmed by persons other than the 3.3.4 The Contractor sh~l be responsible for inspecuon of pot- roms of Work already performed under this Contract to deter- 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents. [he Contractor shall provide and pay fur labor, materials, eqmp- 3,5 WARRANTY 3.S. 1 The Contractor warfares to the Owner and .M'chitect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents. that the Work will be free from defects not inherent in the quality required or permitted. and that the Work will conform with the requirements of the Contract Documents. Work not confBrming to these require- meats, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excfudes remedy for damage or defect caused by abuse, modifications not executed By the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are recmved or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 L'nless othe.,w,'ise provided in the Contract Documents, thc Contractor shall secure and pay for the building perma and other permits and governmental fees. licenses and inspections necessary for proper execution and completion of the Work which are customarily secured ai%r execudim of the Contract and which are Icg~ly required when b:ds are received or nego- natures concluded. 3.7.2 The Contractor shall comply with and give notices required by laws. ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are tn accordance with applicable laws, statutes, ordinances, building codes, and rules :md regina- shall promptly nodf'y the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.1.4 If the Contractor performs Work km~wing it to be con- the Contractor shall =sume fuiI responsibility for such Work and shall bear the atmbutable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all by allowances shall be supplied fi>r such amounts and by such shall not be required n) employ persons or ennties agmnst 3.8.2 Unless otherwise provided in thc Contract Documents: seiccted promptly by the Owner to avoid delay in the materials and equipment delivered at thc site und all required taxes, less applicaPle trade discounts: 8 A201-1987 .3 Contractor's costs for unloading and h:mdling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall Be adjusted accordingly By Change Order. The amount of the Change Order shall reflect (I) the difference Between actual costs and. the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The supennten- dent shall represent the Contractor, and communications given to the superintendent shaft Be as binding as if given to the Con- tractor. Important communications shall be contirmed in writ- ing. Other commumcations shall be similarly confirmed on written request in .tach case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly a~er Being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's informatk)n a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under ~he Contract Doctiments. shall be revised at appropriate intetw-als as required by the conditions of the Work and Project. shall be reiated to the entire Project to the extent required by the Con- tract Documents. and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare ~md keep current, fi)r the Architect's approval, a schedule of submittals which is coordi- the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform m the most recent schedules 3.11 DOCUMENTS AND SAMPLES AT THE SITE[ 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Speciticatious, addenda, Change Orders and other Modifications, in good order and construcnon, and in addition approved Shop Drawings. Prod- uct Data. Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or disthbutor to illustrate some portkm of the Work. 3,12.2 Product Data are ifiustrations, standard schedules, per- formance charts, inst~crions, brochures, diagrams and other information ~rnished by the Contractor to illustrate materials 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work wdl be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- which submittals are required the wa5' the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subiect to the limitations of Subparagraph 4.2.7. 3.12.$ The Contractor shall review, approve and submit to the Mchitec~ Shop Drawings, Product Data, Samples and similar submittals reqmred by the Contract Documents with re.on- able prompmes.s and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Subrmtrals made by the Contractor which are not required by the Contract Documents may be returned without ac-don. 3.12.8 The Contractor shall perform no portion of the Work requiring subrmttal and review of Shop Drawings, Product Data, Samples or simflm- submittals until the respective submit- tal has been approved bv the Architect, Such Work shall be in actor 'dance with approved submittals. 3.12.7' g,:' approving :md submitting Shop Drawings. Product Data. Samples and stmiiar submittals, the Contractor represents that the Contractor has determined and verified materials, field will do so. and has checked and or,ordinated the informantm contained within such =ubmittaLs with the requirements of the 3.12.8 Thc Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents b':- the .~chitecr's approval of Shop Drawings, Product Data, Samples or similar submittals units the Contractor has >pecitically informed the Archi£ect in writing of such deviation ar the time of submittal and the Arc.hltect has given written approval :o the specific deviation. The Contractor shall not be 3.12.$ The Contractor shall direct specitic attenmm, in writing t~r on revubmittcd Shop Drawings. Product Data. Samples or 3.12.11 When professional certification of performance criteria 3.13 USE OF SITE 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsinle for cutting, fitting fit together properly. 3.14.2 The Con£mctor shall not drainage or endanger a pomon A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor sl~]l not unrea- sonably withhold from the Owner or a separate commctor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- lng area free from accumulation of waste materials or mbbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construcuon equipment, machinery and surplus materials, 3.15.2 If the Contractor Pails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall Be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or cimms for infringement of patent nglqts and shall hold the Owner and Architect harmless from loss on account thereof, but shall not Be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is requn-ed By the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fuUest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect. Archi- rect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not [h~ited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such damn. dam- age, loss or expense is attributable to Bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- er~y (other than the Work itsell) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor. anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise eXlSt as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3, [8 by an employee of the Contractor, a Subcontractor, anyone direcdy or indirectly empinyed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be {imited by a limitatinn on remount or type of damages, compensation or benefits payable by or i'br the Contractor or a Subcontractor under workers' or workmen's compensation acts. disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Arohirect. the Archi- tec:'s consultants, and agents and employees of any of them arising out of(l) the preparauon or approval of maps, drawings. opinions, reporLs, surveys. Change Orders, designs or specifica- tious, or (2) the giving of or the fmlure to give directions or instructions by the ~Lrchitect. the Azchitect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the iniury/or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The .~chitect is the person lawfully licensed to practice architecture, or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Archkect*s authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restticted, modified or extended without wmten consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of ~ermmarion of employment of the Architect, the Owner shall appoint an architect ag.mast whom the Con- tractor makes no reasonable obiection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4,2 ARCHITECT'S ADMINISTRATION OF THE CONTI:IACT 4.2.1 The Architect wdl provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (I) during construction, (2) until Fmal payment is due :md (3) with the Owner's concurrence, from tLme to time dunng the correction period described in Pm- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to ac: on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions' of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to derermthe in general if the Work is being performed in a manner indicat- ing that the Work. when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to mare e:~laustive or continuous on-sire inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will ke~p the Owner informed of progress of the Work. and will endeavor to guard the Owner agmnst defecrs and deficiencies in the Work. 4.2.3 The Architect wiIl not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or lbr safety precautions and programs in connection with the Work. since these are solely the Contractor's responsibility as provided in Paragraph 3.3, The Architect will not be responsible for the Contractor's fmlure to carry out the Work in accordance with the Contract Documents. The Arcinrect will not have control over or charge of and wili not be responsible for acrs or omissions of the Con- 10 A201-1987 tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct commuthcations have been specially autho- rized, the Owner and Contractor shall endeavor to commtmi- cate through the Architect. Communications by and with the Architect'S consult:mm shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Consractor's Appl/carions for Payment. the Architect will review and certi~ the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.5 The Architect will have authority to reject Work which does not conform to the Contract Docrallent~. Whenever the ,krchitect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the .Architect will iaave authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is ~abncated, installed or completed. However, neither this authority of the Al-chkect nor a decision made in good faith either to exercise or not to exercise such authority shaft give rise to a duty or responsihility of the Archi- tect to the Contractor. Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing pomons of the Work. 4.2.? The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings. Product Dam and Samples, but only for the limited purpose of checking for conformance with intbrmation g~ven and the design concept expressed in the Contract Docu- ments. The Architect's action *gill he taken with such reason- able promptness as to cause no delay in the Work or in the acuvines of the Owner, Contractor or separate contractors. while allowing sufficient twn¢ in the Architect's professional iudgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and complemness of other dermis such as dimensions and quanuties, or for substantiating instructions for installation or performance or' equipment or systems, all of which remain the responsibility of the Contractor as required by the Commct Documents. The Architect's review of the Contractor's submit- tals shall not mtieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or. unless otherwise specifically stated by the .Architect. of any constroction means. methods, techniques, sequences or procedures. The Architecfs approval of a specific item sl-mll not indicate approval of an assembly of which the item is a component. 4,2.11 The .Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architeet will conduct inspections to determine the date or clams of Substantial Completion and the date of final completion, will receive and forward to the Owner for the documents required by the Contract and a~sernhled by the Contractor, and will issue a final Certificate for Payment upon 4.2.10 If the Owner and Architect agree, the Architect will pro- out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such proiect representative~ shall be as set forth in an exhibit to be incorpo- rated in the Contract Documenm. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any rune limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of f~ailure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decmions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Mchitect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2,13 The Architect's decisions on matters relating to aesthetic effect will be Final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A C!mm is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner ~d Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect. shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion By the Architect. as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a ClaWn between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or ilriganon in the event (1) the position of Architect is vacant. (2) the .-~hicect has not received evidence or has fmled to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made. (4) -~5 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event g~ving rise to such Clmm or within 21 days after the ctatmimt first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional C'Iaim made after the initial Clanll h~5 been implemented by Change Order will not be considered unless submitted in a timely manner. A201-1987 11 4.3.4 Continuing Contract Performance. Pending ['mai reso- lution of a CImm including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligendy with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .t Liens. Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2. failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranues required by the Contract Documents, 4.3.6 Claims for Concealed or Unknown Conditions. tf con- dj[ions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generoJly recognized as inherent in construct[on activities of the character provided for in the Contract Documents, then notice by the observing party shall be g~ven to the other party promptly before conditions are disturbed and in no event later than 21 days alter first observance of the conditions. The Archi- tect will promptly investigate such conditions and. if they differ materially and cause an increase or decrease in the Contractor's cost of, or ttrne required for, performance of any part of the Work. wLil recommend an equitable adjustment in the Cuntract Sum or Contract Time, or both. If the Architect determines that the condinons at the site are not materially different from those indicated in the Can[tact Documents and that no change in the terms of the Contract is iustitied. [he :Xcchitect shall so notify the ©whet and Contractor in wdting, stating the re-,moas. Clamqs by either party in opposition to such determination must be made within 21 days al~er the .~'chitect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the aditkstment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.3.7 Claims for Additional Cost. If thc Contractor wishes to make Claim for an increase in the Contract Sum. wa[ten notice as provided herein shall be given betbre proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property ansing under Para- graph 10.3. If the Contractor believes additional cost is inw)h,ed for reasons including but not limited to (I) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a wot- ten order for a minor change in the Work issued by the Archi- tect. (4) failure of payment by the Owner, (5) termination of the Contract By the Owner. (6) Owners suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4,3.a Iniury or Damage to Pemon or Property. [f either party to the Contract suffers injury or damage to person or proper~y becanse of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, wdtten notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 2 1 days a~er first observance. The notice shall provide sufficient detail to enable the other pa~y to investigate the matter. If a CImm for addi- tional cost or time related to this Claim is to be asserted, it st~ail be filed 35 provided in Subparagraphs 4.3.7 or 4,3,8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The .~'chitect will review clmms and take one or more of the following preLiminar? actions within ten days of receipt ora ClaLm: (1) request additional supporting data from the cDamant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Clmm in whole or in part, stating reasons for reiecuon, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to. notify the surety, if any, of the nature and amount of the Claim. 4.4.2. £f a Claim has been resolved, the Architect will prepare or ob[mn appmpdate documentation. 4,4.3 if a Claim has not been resolved, the party making the Claim shall, within ten days after the ,~rchitect's prefiminao- response, take one or more o~' the i'ollowing actions: (1) submit additional supporting data requested by the Architect. (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the pames or requested by the Architect, the Architect wLil nodiS' the parties in wining that the Architect's decision will be made within seven days. which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's yeti[ten decision relative to the Claim. including any change tn the Contract Sum or Cuntract Time or both. If there i~ a surety and there appears to be a possibility of a Contractor's default. the Architect may. but is not obligated to. notify the surety :and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controvemies and Claims Subject to Arbitration. or the breach thereof, shall be settled by arbitration in accor- dance with the Construction industry Arbitratk)n Rules of the Aznerican Arbitration Assoclatk)n. and judgment upon the provided for in Subparagraph ~.3.5. Such contrl)vcrs~e,~ a decision as provided in Subparagraph 4.4.~ shall be suhiect arhitradi)n upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim ha.5 been referred to the .-Lrchitect ms provided in Paragraph ~.3 12 A201-1987 4.5.2 Rules end Notices for Arbitration. Claims bc~vecn thc Owner and Contractor not resolved under paragraph 4.4 shall, if subiect to arbitration under Subparagraph 4.5,i, be decided by arbitration in accordance with the Constcucuon indnstry Arbitration Rules of the American Arbitration ~soc~tion cur- rently in effect, un~ess the pames mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American .4xbitmtion Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, thc Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tratinn of any Claim may not be made until the earlier of(l) the date on which the Architect has rendered a final wdtten deci- sion on the Claim, (2) the tenth day aRer the parties have pre- sented evidence to the Architect or have Been given reasonable opportunity to do so, if the Architect has not rendered a final wHtren decision by that date, or (3) any of the five events described in Subparagraph 4.32. 4.5.4.1 When a warren decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days period shall result tn the Architect's decision becoming tinal and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to ali parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.: ~s applicable, and in other cases within a rez~sonahle time after thc Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of [imiratinns as determined pursuant to Paragraph 13.7. 4.5.5 Limitation on Consolidation or doinder. No arbitration arising out of or relating tu the Contract Documents shall include, by consolidation or jninder or in any other manner, the ,M'chirect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed By the Architect, Owner. Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or ioinder or in any other manner, petites other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitratinn. No person or entity other than the Owner. Contractor or a separate contractor as described in Article 6 shall be included as an cng- inal third party or addinonal third party to an arbitration whose ~nrerest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not consmure consent to arbitration cfa dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with ab additional person or entity duly consented to by part~es to the Agreement shall be specifically etaforce~ble under appli- cable law in any court having iurisdicrion thereo£ 4.5.6 Claims and Timely Assertion of Claims. A party who files a nodce of demand for arbitranon must assert in the demand ail Claims then known co that party on which arbitra- tion is permitted to he demarlded. When a parc3' fails to include a Claim through oversight, inadvertence or excusable neglect, or when a CIaim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amencknent. 4.5.7 Judgment on Ftnal Award. The award rendered by the arbitrator or arbitrators shall be f'mal, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1,1 A Subcontractor is a person cc entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throfighout the Contract Documeots ~ if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a sepamre contractor, 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout ~e Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-~-ubcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless other-wise stated in ine Contract Documents or ticable after award of the Contract. shall Mrnish in wthmg [o fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Cofi- able objection. and an appropriate Change Order shall he issued. However, nu A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Doc~- menu, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- menu, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the dghts of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of afl rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor sh~ require each Subcontractor to enter into similar agreements with Sub4ub- contractors. The Contractor shaft make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shaft similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subiect to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days. the Subconrractor's compensation shaft be equkably adiusred. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO pERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the dght to perform construction or operations related to the Project **,ith the Owner's own forces. and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions 9f the Commct identical or substandaliy similar to these including those portions related to insurance and wmver of subrogation. If the Contractor claims that deny or additional cost is involved because of such action by the Owner. the Contractor shall make such Claim as provided else- where in thc Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the s~te. the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6,1.3 The Owner shall provide for coordination of the activi- ars of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shaft cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor sl'ufll ma~e any revisiorks to the construction schedule and Contract Sum deemed necessary after a idint review and mutual agreement. The construction schedules shaft then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner perform.s construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this :krticle 6 and :~'ticles 10, 11 and I2. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materiaks and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If pan of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work. promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shaft constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work. except as to defects not then reasonably discoverable. 6,2.3 Costs caused by delays or by improperly tinned activities or defective construction shaft be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims :md other disputes and matters in question between the Contractor and a separate contractor shall be sub- iect to the provisions of Paragraph -~.5 provided the separate contractor has reciprocal obligations. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 [fa dispute arises among the Contractor. separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premis~ :md surround- ing area free from waste materials and rubbish as described in paragraph 3.15. the Owner may clean up and allocate the cost among those responsible as the 3xchitect determines id be just. 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished a~cr execu- tion of the Contract, and without invalidating the Commct, by Change Order, Construction Change Directive or order for a minor change in the Work, subiect to the llmitanons stated in th~s .,~ticle 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construcuon Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect 7.1.3 Changes in the Work shall be performed under appli- cable provtsions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- structinn Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order ~s a written instrument prepared by the Architect and signed' by thc Owner. Contractor and Architect. stanng their agreement upon all of t~e tbilowmg: .1 a change in the Work; .2 the amount of the adjustment in thc Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time. if 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVE!~ 7.3.1 A Construction Change Directive is a written order pre- pared by the ,architect anct signed by the Owner and Architect. directing a change in the Work and stating a proposed basis for adjustment, if any, in the Comract Sum or Contract Time. or both. The Owner may by Constructinn Change Directive, without invalidating the Contract, order changes m the Work within the general scope of the Contrnct consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly 7.3.:~ A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.:171 if the Constmctinn Change Directive provides tbr an adiustment to the Contract Sum. the adjustment shall be based on one of the following method& .1 mutua~ acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- sequently agreed upon: .3 cost to be determined in a manner agreed upon by the parties and a munmlly acceptable £kxed or percent* age fee: or .4 as provided in Subparagraph 7.3.6. 7.1.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Wort( involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Constrdction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.1.$ A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. ?.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi* tect on the basks of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance i:or overhead actd profit. In such case, and also under Clause 7.3.3.3. the Contractor shall keep and present, in such form as the ,krchitect may prescribe, an itemized accounting together with appropriate supporting data. L'nless otherwise provided in the Contract Documents, costs for the purposes of thts Subparagraph 7.3.6 shall be limited to tile following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreenaent or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or .4 costs of premiums for all bonds and insurance, permit Work; and .5 additional costs of supe~'tsinn and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not tn dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor n) the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and .credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shalI be figured on the basks of ncr increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adiustment in Contract Time or the method for determining it. the adjustment or the method shall be referred to the Architect 7.3.~ When the O'.~'ner mad Contractor agree with the deter- mination made by the Archiiect concerning the adigstments in merit upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AIA OOCI,JMENT A~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AI.Aa* · '~ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AV-ENUE. N W.. WASHINGTON. 0 C. 2[xjO(a A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Mchitect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or e.xxensinn of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry, out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwkse provided, Contract Time is the period of iirne, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of thc Work is the date establkshed in the Agreement. Tile date shall not be postponed by the failure to act of the Contractor or of persons or entitles fi)r whom the Contractor is responsible. 8.1.3 The date of Substantial Complimon is the date certilled by thc Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar clay unless otherw'kse specitically defined. 8.2 PROGRESS ANn COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that thc Contract Time ~s a reasonable period for pertbcming thc Work, 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the Site o£ elsewhere prior to the effective date of insurance required by Article I I to be furnished by the Contractor The date of commencement of the Work shall HOt be changed by the effective date of such insurance. Unless waling not less than tire days or other agreed period before commenc:ng thc Work to permit ine tinlely filing of mortgages, 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within DELAYS AND EXTENSIONS OF TIME 8.3.1 It' the Contractor is delayed at any time in progress oi" the employee of eith¢r, or of a separate contractt~r empioyed by the Owner, or by changes ordered in the Work, t)r by labor disputes, fire. unusual delay in deliveries, unavoidable ca~uaines authorized by thc Owner pending arbitration, or by other caLtses wnlch thc Architect determme~ may iustify delay, then thc Contract Time shall be extended by Change Order for such 8.3.2 Claims relating to time shall be made tn accordance with applicable provisions of Paragraph 4.3 8.3.3 This Paragraph 8.3 does not preclude recovery of 'clam- ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum ks stated in the Agreement and, includ- ing authorized adjustments, ks the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various port.~ons of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Comtactor's Applica- uons for Payment. 9.3 APPUCATIONS FOR PAYMENT 9.3.1 At le-o.st ten days before the date established for e-ach progress payment, the Contractor shall submit to the Architect an itemized Application fur Payment for operations completed m accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's dght to payment as the Owner or Architect may require, such as coptes of requlsinons fi-om Suhcomractors mqd matenal suppliers, and reflecting retalnage if provided for elsewhere in the Contract Documents. 8.3.1.1 Suclq applications ma}' include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests fur pay- 8.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials alld eqmpment delivered and suitably stored at the site lbr subsequen~ incof poration ~n the Work. If approved in advance by thc Owner, payment may similarly be made' fur materials and equipment suitably stored off the s~te at a location agreed upon in writing. shall be c~>nditioned upon compliance by tile Contractor with procedures satksfactory to [he Owner to establish the Owner's Owner's interest, and shall include applicable insurance, 9.3.3 Tile Contractor warrants that title to all Work covered by an Application fi)r Payment wdl pass to the Owner no lamr than up(m submittal of an Application for Payment all Work for which Ccrtitlcates for Payment have been previously issued and payments received from the Owner shall, to tile best of the 16 A201-1987 Owner a Certificate for Payment, with a copy to the Corotar- tot, for such amount as the Architect determines ~ properly due. or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in par~ as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute representation by the Architect to the Owner. based on tine Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The tbregning representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspecnous, to minor devtatious from the Contract Documents correctable prior to completion and tu specific qualificatious expressed by the Architect. The issuance of a Certificate for Payment will further coustitute a representation that the Contractor is entitled to payment m the amount certified. However, the issuance ora Certificate for Pay- ment will not be a representation that the Architect has (I) made exi~austive or continuous on-site inspections to check the quality or quantity of the Work. (2) reviewed consrrucuon means, methods, techniques, sequences or procedures. reviewed copies of requisitions received from Subcontractors md material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or {4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or m part, ~o the extent res. sonably necessary, to protect the Owner. if in the Architect's opininn the representations to the Owner required by Subparagraph 9..~,2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, thc Architect will notify Ihe Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate i'k)r Payment for the amount for which the .~'chitect LS able to make such representatious to the Owner. The Archi- tect may als() decide not to certify payment or. because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previous[y issued, to such extent as may be necessary' in the Architect's opinion to protect the Owner from loss because of: .1 detkctive Work not remedied; .2 third party clams filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or i'br labor, matewais or equipment: .4 reasonabie evidence that the Work cannot be com- pleted for the unpaid balance of the Comract Sum: .8 reasonable evidence that the Work will not be com- pleted within the Contract Time. and that the unpaid liquidated damages for the anticipated delay: or 9.5.2 When the above reasons for withholding certification are removed, cerrdication wdl be made for amounts previously withheld. PROGRESS PAYMENTS 9.6.1 .After the Architect h~ issued a Certificate for Payment, the Owner slmll mare payment in the manner and within the tLme provided in the Contract Documents, and shall so notify, the Architect, 9.8.2 The Contractor shall promptly pay each Subcontractor, upon recelpt of payment from the Owner, out of the amount paid to the Contractor on account of such Suhcontractor's por- tion of the Work. the amount to which said Subcontractor is entitled, refiectmg percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by approprmte agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.8.$ The MC?ALert will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor, 9,6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except a~ may otherwise be required by law 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Cemficate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in decor 'dance with the Contract Doc-aments. 9.7 FAILURE OF PAYMENT 9.7.1 If the .-~'chitect does not issue a Certificate tbr Payment. throug~h no ~ult of the Contractor. within seven days ~ter recmpt of the Contractor's Application for Payment, or if the · Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tdied by the :Wchitect or awarded by arbitration, then t~le Con- tractor may, upon seven additional days' written notice to the Owner and ,~'chitect. stop the Work until payment of the amount owmg has been received. The Contract Time shall be e.~ended appropriately and the Contract Sum shall be increased by the amount of the Contractor's re~sonable costs of shut-down, deny and stare-up, which shall be accomplished as provided in Article 7. ,. 9.6 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work wben the Work or designated portion thereof~ is'~suffi- clearly complete in accordance with the Contract Do.meats so the Owner can occupy or utilize the Work for its intended 9.6.1l When the Contractor considers that the Work. or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Arcfutecr a comprehensive list of items to be completed or corrected. Th, e Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. {.:pon receipt of the Contractor's list. the Architect will make an inspection to determine whether the Work or des~g- A201-1987 17 noted portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shaft, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shaft then submit a request for another i~specrion by the Architect to determine SubstantiaJ. Completion. When the Work or designated portion thereof is substantiafly complete, the Architect will prepare a Certificate of Substannal Completion which shaft establish the date of Sub- stantial Completion, shall e~tablish responsibLiities of the Owner and Contractor for securi~, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish afl items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantmi Completion of the Work or designated portion thereof udiess otherwise provided in the Certificate of Substandai Comple- tion. The Certificate of Substantial Completion shaJ1 be sub- mitted to the Owner and Contractor for their wmten accep- tance of responsibilities assigned to them in such Certificate. 9.0.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adiustment in reminage, if any, for such Work or por- don thereof as provided in the Commct Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or p~'- tgifiy completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3. I l and authohzed by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the pomon ks substantially complete, provided the Owner and Contractor have accepted in wdting the responsibilities assigned to each of them for payments, retamage if any, secu- my, maintenance, heat, utilities, dmnage to the Work and insur- ance, and have agreed in writing concermng the period r.or cor- rection of the Work and commencement of warranues required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage or. the progress of the Work shall he determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9,2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly respect the area to be occupied or portion of the Work to be used m order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partml occupancy or use of a portion or portions of the Work shall not constitute accep- rance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPt. ETION AND FINAL PAYMENT 9.10.1 Ul:mn receipt of written notice that the Work is ready for tin-al inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will prompdy issue a final Certificate for Payment stating ti'mt to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and Lnspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said f'mal Certificate ks due and payable. The Architect's f'mal Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to f'mal payment have been fui£dled. 9,10.2 Neither final payment nor any mmammg retained percentage shaft become due until the Contractor submits to the Azchilect (I) an affidavit that payrolls, bills for materials and equipmertt, ;md other indebtedness connected with the Work for which the Owner or the Owner's property, might be responsible or encumbered (Mss amounts withheld by Owner) have beert paid or otherwise satisfied, (2) a cemficate evidenc- ing that insurance required by the Contract Documents to remain in furce after final payment is currently in effect and will not be cancelled or aflowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial re'2.son that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surery, if any, to final payment and (5), if required by the Owner. other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security, interests or encumbrances ;rasing out of the Contract, to the ex'rent and in such form as may be designated by the Owner. Ifa Subcon- tractor refuses to furm-Sh a releuse or waiver required by the Owner. the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner agmnst such lien. If such lien remains unsatisfied ai%r payments are made, the Contractor shaft refund to the Owner ail money that the Owner may' be compelled to pay in discharging such lien, ~ncluding afl costs and reasonable attome)'s' r.ees. 9,10,3 IL after Substantial Completion of the Work, final com- pletion thereof is materizflly delayed through no r.adit of the Contractor or by issuance of Change Orders affecting Final completion, and the Accifitect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract. make payment of the balance due r.or that portion of the Work fully completed and accepted, if the remaining balance for Work not fully com- pleted or corrected is less than retamage stipulated in the Con- tract Documents, and if bonds have been furnished, the wntten consent of surety to payment of the balance due for that tion of the Work fully completed and accepted shaft be submit: ted by the Contractor to the Architect prior to certificatton of such payment. Such payment shall be made under terms and conditions governing Final payment, except that it shall not constitute a waiver of ctaims. The making of final payment shaft constitute a wadv&r of claims by the Owner ~ provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance or' final payment by the Contractor, a Sub- contractor or material supplier shall constltute a waiver of clmms by that payee except [hose previously made in wrmng and identified by that payee ~s unsettled at the time of ~inai Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. 18 A201-1987 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAPEE¥ PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- raining and supervksing all safety precautions and programs in connectioD with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site mater'm/reasonably believed to be asbestos or polychlorinated biphenyi (PCB) which has not been rendered harmless, the Cootractor shall immediately stop Work in the area affected and report the condition to the Owner mad 3xchitect in writing. The Work in :he affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fac~ the material is asbestos or polychlorinated bipheny[ (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlod- hated biphenyl (PCB), or when it has been rendered harmless, by wmten agreement of the Owner and Contractor. or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article -~. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, )a'chitect, Archi- feet's consultants and agents and employees of any of them from mad agmnst claims, damages, losses and expenses~ includ- ing Dui not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected are2 if in fact the material is asbestos or polychlorthated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage. loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tanglbte property (other than the Work itself) including loss of use resulting therefrom, but othy to the extent caused in whole or in parr by negligent acts or omissions of the Owner, anyone directly or indirectly empk)yed by the Owner or anyone tbr whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Sucil obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist a5 [o a party or persQn desc:qbed in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTy 10.2.1 The Contractor shall take reusonable precautions for safety of, and shall provide reasonable protection to prevent damage, inlury or loss to: .1 employees on the Work and other persons who may be affected thereby; .9 the Work and m;~terials and eqmpment to be incorpo- rated therein, whether in storage on or off the site, .It other property at the site or adjacent thereto, such ~ trees, shrubs, lawns, walks, pavements, roadways, 10.2.2 The Contractor shall give notices and comply with applicable laws. ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, re&son- able safeguards for safety and protection, ~cluding posting danger signs and other warnings against hazards, promulgating safety regulations and notifying ownerS and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary, for execution of the Work. the Contractor shall exercise utmost care and carw on such activities under supervision of properly qualified personnel. 10.2.$ The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses i02.1.2 and I0.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be [table and for which the Contractor is responsible under Clauses I0.2.1.2 mad 10.2.l.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations Of the Contractor are in addition to the Contractor's obligations under Paragraph 3. I8. 10.2.8 The Contractor shalI designate a responsible member of the Contractor's organization at the site whose duty shah be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and .M-chitect. ~0,2.? The Contractor shall not load or permit any par of rile construction or site to be loaded so as to endanger its safety 10.3 EMERGENCIES 10.3. I In an emergency affecting safety of persons or property, the Contractor shall act. at the Contractor's discretion, to pre- veto threatened 'damage, iniury or loss. Additional cornpensa- tio~q or extension of time claimed by the Contractor on account of an emesgency shall be determined as provided in Paragraph -~.3 and Article 7. ARTICLE 11 / INSURANCE AND BONDS 11.1 CONTRACTOR'S UARILITY INSURANCE ~,~ 11.1.1 The Contractor shall purchase from and maintain, in a company or compames lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as w~il protect the Contractor from clan-ns set forth below which under the Contract and fur which the Contractor may be [eg~ly liable, whether such operanons be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by may of them, or by anyone for wbnse acts any of them ma)' be .1 claims under workers' or workmen s compensation, dixibdity benerk and other stmilar employee benetit acts w~ch are applicable to the Work to be perfurmed; AIA DOCUMENT A201 · GENERAL CONOrrIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * ;c~ 1987 THE AMERICAN iNSTITUTE OFARGHITECTS. L735 NEW YORK AVENUE. NW, WASHINGTON. DC. A201-1987 19 .2 clmms for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees: .3 claims for damages because of bodily injury, sic!mess or disease, or death of:my person other than the Con- tractor's employees; .4 claims for damages insured by usual personal iniury liability coverage wbicl'~ are sustained (1) by a person as a result of an offense directly or thdirecdy related to employment of such person by the Contractor, or (2) by another person: .8 dawns for damages, other than to the Work itself, because of inlury to or destruction of tangible prop- er'ce, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship. maintenance or use of a motor vehicle: and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.I8. 11.1.2 The insurance required by Subparagraph I 1. I. l shall be written for not less than limits of liability specified in the Coo.- tract Documents or required by law, whichever coverage is greater. Covemge-s. whether written on an occurrence or cl:nms-maoe basis, shall be maintained, without intermptkm from date of commencement of the Work until date of final p?.'m<nt and termination of any coverage required to be mmn- tmn=d after final payment. 11.1.3 Certificates of insurance acceptable to the Owner shall be Fried with the Owner prior to commencement of the Work. These Certificates and the ;nsurance policies required by this ?aragrapb i 1.1 shall tomato a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been g~ven to the Owner. If any of the foregoing insurance coverages are required to remmn in force aker final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required, by Subparagraph 9 10.2. Information concerning reduction of coverage shall be furnished by the Contractor with recsonable promptness in accordance with the Contractor's intbrmation and Belief. 11.2. OWNER'S UABILJTY IN~IIR~NC~[ 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally. the Owner may purchase and mmntam other irmur:mce for self- protection agmnst claims which may anse from operations under the Cuntract. The Contractor shall not be responsible for purchasing and mmntalmng th~s optional Owner's liability insurance unless specifically required by the Contract 11.$ PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a compan), or companies lawt~lly authorized 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. 112.1.1 Property insurance shall be on an all-risk policy form and shall insure agmnst the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal including demolition occasinned by enforcement of any applicable legal reqmrements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other penis shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 ff the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the cover'ages zn the amount described above, the Owner shall so inform the Contractor in waling pnor to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work. and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the fmlure or neglect of the Owner io pur- chase or maintain insurance as described above, without so mml)'ing the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto. 11.11.1.] If the property insurance requires mmwnum dedtlcti- Dies and such deductibles are identified in the Contract Docu- ments, the Contractor shail pay costs not covered because of such deductibles, ff the Owner or insurer thcrea.ses the required mintmum deductibles above the a_mounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not co~ered Because of such increased or voluntary deductibles, If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.~.1.4 Unless otherwise provided in the Contract Docu- ments, thks property insurance shall cover portions of thc Work stored off thc site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. 11.3.2 Boiler and Machinery Insurance. The' Owner shall purchase and maintain boiler and machinery insurance required Dy the Contract Documents or by law. which shall specifically cover such insured objects during installation and until final acceptance by the Owner: this insurance shall include sh~ll b¢ n~ned insureds. 20 A201-1987 11.3.5 If durmg the Project construction period the Owner insures properttes, real or personal or both, adjoining or adja- cent to the site by property, insurance under policies separate from those insuring the Project, or if after &ual payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 {=or damages caused by fire or other penis covered by this separate property insurance..~i separate policies shall provide this waver of subrogation by endorsement or otherwise. 11.3.6 Before an e.~osure to loss may occur, the Owner shall File with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contam ali generally applicable conditions, de£mi- 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 unnl at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Wahters of Subrogation. The Owner :md Contractor waive M1 dghts against (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in .~'tlcle 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11,3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor. as appropriate, shall require of the Architect. M-chitect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors. sub-subcontractors, agents and employees of any of them by approprmte agreements, written where legally required for validity, similar wmvers each in favor of other parties enum- erated hereto. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogaoon shall he effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification. contractual or otherwise, did not pay the insurmlce premium directly or indirectly, and whether or not the person or entity had an insurable tnterest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary, and made payable to the Owner as fiduciary, for the insureds, as their interests may appear, subiect to requirements of any applicable mortgagee clause and of Subparagraph 11.3.I0. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor. and by appropriate agreements, written where legally required for validity, shall require Subcontractors to ma~e payments to their Sub-subcontractors in swnliar manner. 11.3.9 If required in writing by a party in interest, the Owner as fiduciary, shall, upon occurrence of an insured loss, g~ve bond for proper performmqce of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary,. The Owner shall deposit in a separate account pro- reeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which co.se the procedure shall be as provided in Paragraph 4.5, If after such loss no other special agreement is made. replacement of darn* aged property shall be covered by appropriate Change Order. 11.3.10 The Ov,"ner as fiduCmry- shall have power to adjust and settle a loss with insurers urlles5 one of the parties in interest shall ob}em in writing within five days after occurrence of loss to the Owner's exercise of this power: i~ such objection be made, arbitrators shall be chosen as provided in Pazagraph 4.5, The Owner as fiduciary shall, in that ~se, mal~e settlement with insurers in accordance with directions of such arbitrators. [f distribution of insurance proceeds by arbitration ks required, the arbitrators will direct such distnbuilon. 11.3.11 partial occupancy or use in accordarlce with Paragraph 99 shall not commence until the insurance company or com- panies providing property' inSUrance have consented to such partial occupancy or use by endorsewnent or otherwise. The Owner and the Contractor shall rake .qm.sonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have abe dght to require the Contrac- tor to furnish bonds covering .~aithl~l performance of the Con- tract and payment of obligations artSmg thereunder as snpu- [ated in bidding requ~reme.,~ts or spedfically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing [o be a potential beneficiary of bonds covering payment of obliga- oons arising under the Contract. the Contractor shall promptly Mrmsh a copy of the Bonds or shall pe.,~nit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents. it must. if required in wnong By the Architect, be uncovered for the .~rchitect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 if a portion of the ~'ork has been covered which the Architect has not specifically requested to observe pnur to its being covered, the Architect may request to set: such Work and it shall be uncovered by the Cont=ctor. If such Work is in accordance with the Contract Documents. costs of'uncover- lng and replacement shall, By appropriate Change Order. be charged 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 ~e Owner or a separate contractor ~n which event the Owner ,-hall be responsible for payment of such costs. · 12.2 CORRECTION OF WORK 12.2.1 The Contractor shai[ prompdy correct Work rejected Substantial Completion and whether or not fabricated, installed such rejected Work, including additional resting and inspeo 12.2.2 If. within one year al~er abe dare of Substantial Comple- tion of abe Work or designated portion mereo£ or after the date A201-1987 21 for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the reqmrements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously g~ven the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actual performance Of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall g:ve such notice promptly after dis- covery of the condiuon. 12.2.3 The Contractor shall remove from the site portions or- the Work which axe 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. [f the Contractor falls to correct nonconforming Work within a recisormble time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed By written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor dOeS not pay costs of such removal and storage within ten cLays after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including cor~pensation r'or the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not su£ficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph [2.2 shall he 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 or- 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 ~o the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's ob[igations 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 reqmrements of the Contract Documents, the Owner may do so instead of requiring :ts removal and cor- rection, ~ which case the Contract Sum will be reduced appropriate and equitable, Such adjustment shali be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13,2.1 The Owner and ConLmctor respectively bind them- selves, th(~r partners, Successors. assigns And legal representa- tives to the other pa~ty hereto and to partners, successors, assigns and legal representatives of such other pm'W 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 paxty shaft nevertheless remain lega/ly responsible r-or ali obligations under the Contract, 13.3 WRi T't'~-N NOTICE 13.3.1 Wdtten notice shall be de~med to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified maid to the last business address known to the party g~vthg notice. 13.,4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and nghts and remedies avmlable thereunder shall be tn addition to and not a limitation of duties, obligations, rights and remedies otherwise U'nposed or avmlable by law 13.4.2 No action or fmlure to a~ by the Owner, .~chitect or Contractor shaft constitute a waiver of a fight or duty afforded them under the Contract, nor shall such action or r-allure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in whtthg. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections :nd approvaLS of port~ons of the Work required by the Contract Documents or by [aws, ordi- nances, rules, regulations or orders of public authorities havthg jurisdiction shall he made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements r-or such tests, inspections :md approvals with an independent test- ing laboratory or ennty acceptable to the Owner, or with the appropriate public authority, and shall beat 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 he made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authnrities having jurisdiction determine that portions of the Work require addi- rinnal testing, inspecnon or approval not included under Sub- paragraph 13,5, 1, the Architect will, upon written authorization from the Owner, :nstruct the Contractor to make arrangerr:ents r-or such additional testthg, inspection or approval by an entity acceptable to the Owner. and the Contractor shall give th'neiy re)rice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 The Owner shag bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.11 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and I3.5.2 reveal fagure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor si'~l bear all costs made necessm'y by such failure inclucling those Of repeated procedures and compensation for the Architect's services and expenses. 13.8.4 Required certificates of testing, inspection or approval shal/, unless otherVaSe required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect wiii do so promptly and, where practicable, at the normal place of testing. 13.5.8 Tests or inspections conducted pursuant to the Con- tract Documents shag 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 shag 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 leg,cd rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOO 13.7.1 .~s between the Owner and Contractor: .1 Before SubstantialCompleflon. astoactsor fagures to act occumng prior to the relevant date of Substan- iai Completion, any applicable statute of [iroitarions shall commence to run and any alleged cause of action shag be deemed to have accrued in :my and ail events not later than such date of Substantral Completion: .2 Between Substantial Completion and Final Certifi- cate for Payment. ~ to acts or f=ilures tu ~ct occur- ring subsequent to the relevant date of Substantial Completion and prior tu issuanea of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged, cause of aunon shall be deemed to have accrued in any and :al events not later than the date of issuance nf tNe tinal Certificate for Payment; and .3 After Final CerlJflcale for Payment..~ tu acts or fmlures to act occurring after the relevant date of issu- ance of the final Certitlcate for Payment, any appli- cable sm[ute of lknitarions shall commence to mn ;md any all,ged cause of action shag be deemed to have accrued in any and mi events not later th:w, the date of any warranty provided under Paragraph 3.5, the date Work by the Contractor under Paragrapb I2.2. or the to perform any duty or obligation by the Contractor ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the fotlowmg re=sons: .1 issuance of an order of a court or other public anthor- ity having jurisdicraon; .2 an act of government, such as a declaration of n~tional emergency, malting rnaterml unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the (wne stated in the Contract Documents; .4 ffrepeared suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365~ay period, whichever is Less; or .-5 the Owner has raged to ~mish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons e.',mts, the Contractor may, upon seven additional days' written notice to the Owner and Architect, termmare the Contract and recover from the Owner payment for Work executed and for proven loss with respect to marenals, equipment, tools, and construction equipment and machinery, including reasonable overhead, protit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or radii of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner bas persistently failed to ffllfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect. terminate the Contract and recover from the Owner as provided in Subparagraph 14. i .2. 14.2 TERMINATION BY THE OWNER FOR CAUSE ~ 14.2.1 The Owner may termtnate the Contract if the .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 ~s to make payment to Subcontractors for materials or labor in accordance with the respective agreements .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 of a provision of the Contract Documents. 14.2.2 When any of the above reasons ernst, tne Owner, upon certification by the Architect that sufficient cause emsts to jus- A201-1987 23 tify such action may without preiudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's sure~', if any, seven days' written notice, termi- nate employment of the Contractor and may, subiect to any prior dghts of the surety: .1 ta~e pomes.sion of the site and of ali materials, equip- merit, tools, :md construcuon eqmpment and machin- graph 5.~.; and .3 £m~h the Work by whatever reasonable method the 14.2.3 When the Owner terrmnates the Contract for one of the tea.sous stated in Subparagraph 14.2.1, the Contractor shaft not he entitled to receive further payment until the Work is f'mi~hed. 14.2.4 If the unpaid balance of ~qe Contract Sum exceed5 costs of finishing the Work, including compeusatinn for the Archi- unpmd b' -alance, Se Contractor shall pay the difference to the Owner. The amount [0 be paid to the Contractor or Owner, the case may be, sh~ be certified by the Mchitect, upon appli- cation, and this obligation for payment shall survwe 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 wr/rmg to suspend, delay or interrupt the Work in whole or in part for such period of mne as Se Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increzksed 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 tbr which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provtsion of this Contract. 14.3.1 Adjustments made in the cost or performance 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, 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 Fine following the "maintain", insert the words, "in a . company or companies licensed to do business in the state in which the project is located." 11.1 ..1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: · 1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000· STATE STREET BULKH~D REP~CEMENT H-1 .2 .3 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence - $1,000,000 Aggregate, Products and Completed Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned pedod. 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 STATE STREET BULKHEAD REPLACEMENT H-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 ~awful money of the United States of America, to it in hand paid by: (OwnedContracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, and forever discharge the said (OwnedContracting 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. ,191 and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be .: hereto affixed and duly attested by its __ this day of ,19 __ Attest: Principal: STATE STREET BULKHEAD REPLACEMENT PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for BULKHEAD REPLACEMENT at STATE STREET - Skk)per's Lane ORIENT NEW YORK 11957 STATE STREET BULKHEAD REPLACEMENT L-1 ~CL;DAYS 5 ............................... ~aS~ \~C87 ............................... 6/30/96 9/O!/95~ 8131/93 ? ~r day .............. 3 31.35 3 mr day ............... 3 35.30 See ( O, 0 ) on OVERTIME PAGE . HOLIDAYS: OVERTiME:See ( A, 3, 7, 11, 12 } on HOLZDAY PAGE 60% 55% 70% 75% 80% 3S% 90% 95% plus ~7% o¢ Wage 6130/96 APPqENT[CES: ( 55% 65% 75% 95% 40% 50% Piieor:ver ........... ~ 27.98 Oockou~l~e~ ....... 27,98 · :,I/96- CARPENTER 5 ~0/96 GLAZIER Giaz]e¢ ............ $ 27.85 Journeyman 43.5% 5/01/96- 4/30/97 _~neman ............ S 30.35 ~ 31.35 ~ 32.35 7acnn:c;ar ........ 30.35 3~ 35 32.35 Heav>, Ecu~= 3ce~ ..... 20.35 31.35 32.35 T~uc× Dr~ver ......... 30.35 31.35 32.35 Grourcman ......... 30.35 31.35 32,35 24 30 ~os tO.04 :C.23 $18.38 18 95 18 98 !9.55 19.55 SUpOLEMENTAL ~ENEF~TS:(ger hour worke~) ¥ourneyman $ 21.68 t9 55 8-40/36! hour) 7/01,95- 6¢30/96 iRONWORKER WAGES(~er hour) 6/30/96 Ornamental ........... $ 30.90 HCLZDAYS: 8-580 WAGES(¢eP hour) 6/01/96 513119? Heavy/Highway- Grou~ ~ 2 ............. 23.37 50% 50% ?0% 80% 90% SUpOLSMENTAL ]ENEFiTS:fcen ~our worked) ~ASON WAGES(uer no~c) 7/01/94- T/01/95- S/30/95 5/30/96 Cement Mason .......... $ 27 99 $ 29.35 PA;C: See ( t ) cn HOL[DAY PAGE 14.59 6/30/96 ~.50 per hr 3-2022 4/28/93- 4/2?/94 WAGES(oer hour} 5/03/93- 5/02,94 $ ~0.09 1/01/96- 5/30/96 HOL2DAYS: OVERTEME: See ( S, 5, 8. 10 ) on HOLIDAY 5UPCLEMENT&L BENEFITS {~e¢ hour worked) WAGES(per hour) 1/01/94- 8/30/94 OVERTIME =AY: See ( C. O, v ) on OVERTIME CAGE a~tac~ed. 8-20 ~CLZOAY: OVErT;ME: See PLUMBE~ 22.50 $ 02/01/96 70%/@5- 6/30/96 5UF=GLK '996A 7/01/97- 1/01/98- 12/31/97 7/01/98 20% o~ gross wage plus $ 4.00 oer Cay paid plus $ 0.20 per hour worked ~/01i95- 3131/96 4/01/96- 3/3t/97 WAGES(per hour) CLASS 'C" CLAS3 'g" 7/01/96- 5/3~/97 10/01/95- 9/30/96 Class C: 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 wdtten agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. ,~~ The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national odgin. STATE STREET BULKHEAD REPLACEMENT M-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 the Owners representatives / counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, matedai 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 ofthe Project being contracted bythe 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). STATE STREET BULKH~D REP~CEMENT M-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. Each and every provision of law and clause required by law to be par 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 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 peri:orm their services at any location, under this control, where segregated facilities ara maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time ctocks, 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 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): STATE STREET BULKHEAD REPLACEMENT N-1 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CE~RTIFICATIONS 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 dudng 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. "Dunng the performance of this contracf', 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 dudng employment, without regard to their race, creed, color, or national odgin. Such ac'don 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 ail 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 ail 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) (6) The contractor will fumish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this: contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be dectared 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. STATE STREET BULKHEAD REPLACEMENT N-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 Secretar7 of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or pumhase 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 Re[~orts and Other Rec~uired 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 constru~on shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii). and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a 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 prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, pnme contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in wdting to the Director by the agency as soon as practicable after it occurs. STATE STREET BULKHEAD REPLACEMENT N-3 1-12.805.4 Reports and Other Reauired Information (b) Requirements for bidders or prospective contractors. (2) (3) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropdata, 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 (v)'has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained pdor to subcontract awards.* (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considerecl 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 covedng the delinquent period or such other period specified by the agency or the Director. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract When a determination has been made to aWard the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the aWard, or 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. STATE STREET BULKHEAD REPLACEMENT N-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 corn pliance with the Copeland "Anti-Kick Back~ Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for const~uctiQn contracts and in excess of $ 2,500 for other con~'acts 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 oft he Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of_8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, re 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 o¢ materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. STATE STREET BULKHEAD REPLACEMENT N-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 fumished 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 cimumstancas beyond the control of the contractor. In all contracts for cQnstruction 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 Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this raquirement by contractors or subgrantees and to assure that suspected or reported violations are promptly investigated. STATE STREET BULKHEAD REPLACEMENT N-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 2:20.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish wdtten evidence of the registration of his program and apprentices as well as of the apprcpdate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national odgin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; -' (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discdminata against or intimidate any employee hired for the performance of work under thisl contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; STATE STREET BULKHEAD REPLACEMENT N-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section cf the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately pdor to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the conflict shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor, and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Govemor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipuledon that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment.' The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. STATE STREET BULKH~D REP~CEMENT N-8 SPECIFICATIONS for BULKHEAD REPLACEMENT PART 1 - GENERAL SPECIFICATIONS 1.01 GENERAL CONDITIONS A. The contractor shall supply all labor, materials, equipment and services necessary or required to complete the work. The contractor shall fully familiarize himself with existing site conditions. The locations of all underground utilities shall be verified prior to commencing work. Damage to existing utilities shall be repaired at the contractors expense. The contractor may store his materials and equipment on the work site but the Town of Southold will not be responsible for damage or theft of same. In the event that anything reasonable, necessary or proper for the complete performance of the work to produce a first class finished job, has not been described in these specifications clearly, through oversight or palpable error, the contractor shall, not withstanding, execute and provide all omitted works and things as if they were severally described, without extra charge and to the satisfaction of the Town's authorized representatives. The contractor shall be responsible for all construction facilities and temporary controls. These items would include all temporary electric, heat, telephone, water and sanitary facilities. Barricades shall be provided around all hazardous areas during construction and shall be maintained and lighted in accordance with all State and Local Code requirements. The contractor may submit substitutions for products specified herein, where such substitutions are allowed. Requests for substitutions shall be submitted with complete data necessary to substantiate compliance with the contract documents. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. No claims for additional costs related to substitutions will be allowed. " The contractor is specifically advised that he shall be responsible for on-site safety in regard to his area of work and shall indemnify and hold harmless the Town of Southold and the Architect from any and all claims resulting from on-site accidents or safety conditions. STATE STREET BULKHEAD REPLACEMENT Page 1 The contractor shall be responsible for cleaning all work related debris generated during this project in a timely fashion. All debris generated at this site shall be deposited by the contractor at the Southold Town Collection Center at NO COST. All dredged spoil shall be inspected by the Town. All spoil deemed unsatisfactory for fill shall be removed from site and deposited by the contractor at the Southold Town Collection Center at NO COST. All dredged material deemed suitable for back fill shall remain on site. 1.02 RELATED DOCUMENTS: General provisions of the Contract, including General conditions and Supplementary Conditions, apply to work in this section. B. Project Site Plan and Typical Bulkhead Section drawing attached. 1.03 DESCRIPTION OF WORK: All new construction shall meet the minimum requirements of the Southold Town Trustees and the New York State Dept. Of Environmental Conservation. The work under this section shall consist of furnishing all labor, matenal, equipment and appliances necessary or required to perform and complete all work including but not limited to the following: A). B). Excavation of existing Bulkhead and Rip-Rap· 1. All existing bulkheads shall be removed where required to accommodate new construction. All demolition work shall be in such a manner as to limit the amount of damage to the existing pavement. Any unnecessary damage to the existing pavement surCace shall be replaced by the contractor at no additional cost. 2.. Existing Concrete Rip-Rap shall remain in place. The contractor shall move or relocate the existing Rip-Rap as required to accommodate the new construction. Upon completion, the Rip-Rap is to be replaced such that it protects the end of the Bulkhead and the shoulder of the road from erosion. .. Existing Guard Rail shall be removed dudng construction and salvaged for re-installed by the contractor at the completion of the project. Installation of new Bulkhead. 1. Provide new Bulkhead as shown on the site plan. All new construction shall meet or exceed the items indicated on the typical bulkhead section. STATE STREET BULKHEAD REPLACEMENT Page 2 The new bulkhead shall be securely connected to the adjacent bulkhead on the east side of the new construction. Provide 6" x 6" x 4'-0" Long treated wood butt blocks with four (4) - 3/4" diameter galvanized through bolts at each whaler connection. c). Installation of new filter fabric. 1. Provide new Poly "X" Filter Fabric over all new bulkhead sections. Fabric shall be continuous and extend from top of bulkhead to a minimum of two (2') feet below the existing mud line. All splices shall have a minimum overlap of two (2') feet. D). Removal of Debris. 1. All debris and dredge spoil generated from the proposed construction that is deemed to be unsuitable for fill shall be removed by the contractor and deposited at the Southold Town Collection Center. There will be no charge for material deposited at the town facility. E). Back fill. 1. The contractor shall utilize all suitable excavated material for back filling the new bulkhead, The Town of Southold will provide, and deliver to the site, all additional back fill material required to complete the project. 1.04 STANDARDS: All new construction shall comply with the following reference standards: 1. American Society of Civil Engineering Standard Practices. 1.05 CONTRACTOR QUALIFICATIONS: Contractor, upon request, must show evidence of the following qualifications: 1. A minimum of five (5) years continuous experience in bulkhead construction. 1.06 QUALITY ASSURANCE: The contractor shall be responsible for verifying all existing conditions and limitations. The extent of clearing and the amount of required excavati0h shall be verified by the contractor prior to submitting his bid. '~ The contractor shall be responsible for fully investigation the existing site conditions and shall be responsible for verifying all dimensions and quantities. STATE STREET BULKHEAD REPLACEMENT Page 3 1.07 DELIVERY STORAGE AND HANDLING: Delivery, storage and handling of equipment and bulkhead materials shall be in accordance with industry standards. 1.08 JOB CONDITIONS: 1.09 The road end shall be closed to the general public during the course of construction. The contractor shall be responsible for providing all necessary barricades and fencing to ensure public safety. Excavation and stockpiling of backfill material: !)- All stockpiling of excavation material shall be in an approved location immediately adjacent to the construction area. All stockpiles shall be protected with a continuous barrier of silt screen and hay bails to prevent silt from entering tidal waters. 2). The backfilling of the new bulkhead will not be permitted in freezing weather. 3). The contractor shall use all stockpiled fill material to backfill the new construction. All additional fill material required shall be delivered to the site by the Town of Southold. PERMITS: The Town of Southold has obtained construction permits from the New York State Department of Environmental Conservation. END OF SPECIFICATIONS STATE STREET BULKHEAD REPLACEMENT Page 4 DE~ PERMIT HUMBER 1-47-58-00589/00002 FACILITY/PROGR/d4 HUMBER(S) TYPE OF PERMIT ! Hew HEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PE'R' ZT Under the Environmental Conservation Law ~FFECTIVE DATE April E, 1997 EXPIRATION DATE(S) April 30, 2000 Renewal 0 Modification r~ Pemit to Construct {] Permit to Operate ] Article 15, Title 5: Protection of Waters Article 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: Long Islar~ Wells Article 15, Title 27: Wild, Scenic and Recreational Rivers Other: 6NYCRR 608: Water Quality B Article 27, Title Certification Solid Waste Manage~lent Article 17, Titles 7, 8: SPOES ~ Article 27, Title 9; 6NYCRR 375: Article 19: Air Pollution Control 0 Article 34: Coastal Erosion Article 23, Title 27: Mined Land Reclamation O Article 36: FIo~plain Article 24: Freshwater Wetlands O Articles 1, 3, 17, 19, 27, 37; Article 25: Tidal Wetlands 6NYCRR 380: Radiation Control PERMIT ISSUED TO TELEPHONE HUMBER Town of Southotd (516) 765-1892 ~DRESS OF PERMITTEE Town Hall, Main Road, Southold, HY 11971 CONTACT PERSON FOR PERMITTED ~RK James McMahon HAME AND ADDRESS OF PROJECT/FACILITY End of Skippers Lane, (State Street), Orient, HY 11957 TELEPHONE NUMBER LOCATION OF PROJECT/FACILITY C~IJNTY T~t4N WATERCOURSE HYTM COORDINATES Suffolk Southold Orient Har~r DESCRIPTION OF AUTHORIZED ACTIVITY install 92 linear feet of tin~er I~J[khead in place of existing bulkhead. Hew bulkhead will align with adjacent bulkhead to the east. Dredge 10~ off bulkhead to a depth of -4 NLW. Resultant 20 c,,hic yards shall be used as backfill Existing non-functional storm~ater outfall shall be re~ved. All work shall be done according to survey prepared Jay Town of $outhold revised January 13, 1997 and stamped NYSDEC Approved on April 2, 1997. By acceptance of this permit, the bermittee agrees that the permit is contingent upon strict co~=liance with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any special Conditions imeluded as part of this penait. C ' ~.4~- ~¥'~ S[dg. 40, SUNY, Ro~m 219, Stony Brook, NY 11790-2356 AUTHOR'ZBDS'ONATURE ? DATE Page I of 4 GENERAL CONDITIONS Inspections 1. The permitted site or facility~ including relevant records, is subject to in- spection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such represen- tative may order the work suspended pursuant to ECL 71-030Z and SAPA 401(3). A copy of this permit, including all referenced mabs. drawings and special conditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Permit Changes and Renewals 2. The Department reserves the right to modify. Suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regula- tions is found: b) the permit was obtained by misrepresentation or failure to disclose relevant facts: c) new material information is discovered: or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms, fees or .supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) !80 days before expiration of permits for State Pollutant Elimination System (SPDES). Hazardous Waste Management (HWMF). major Air Pollution Control (APC) and Solid Waste Facilities (SWMF): and b) 30 days before expiration of all other permit types. Discharge Facilities Management Unless expressly provided for by the Department. issuance of this permit does not modify, supersede or rescind any order or determination perviously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. Other 6. Legal Obligations of Permittee The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of the project described in this permit and has agreed to indemnify and save harmless the State from suits actions, damages and costs of every name and description resulting from this project. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a ~erson not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands. easements and rights-of-way that may be required for this project. Page 2 of 4 Office of General Services or local government which may be required. 25, 34 and & NYCRR Part $08 [ TIDAL WETLANDS other environmentally deleterious materials associated with the prolect. An,/material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving ~arge refuse piles, ridges across the bed of & waterway or floodplain or deep holes that may have a tendency to cause damag~ to nawgable channels or to the banks of a waterway 14 There shall be no unreasonable interference with navig~uon by the work herein authorized. 15 If u0on the expiration or revocation of this permit, the proiect hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the s~te to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 16 If granted under 6 NYCRR Part 608. the NYS Department of Environ- mental Conservation hereby certifies that the subject project witl not contravene effluent limitations or other limitations or standards under Sections 301, 302. 303. 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that alt of the conditions listed herein are met 17 Alt activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by on SPECIAL CONDITIONS 1. Any debris or excess material from construction of this projec: shall be completely removed from the'adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 2. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity. 3. Ail fill shall consist of "clean" sand, gravel, or soil (not asphalt, flyash, broken concrete or demolition debris). 4. Ail peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads etc. shall be completed prior to placement of any fill material behind such structures. 5. There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into any tidal wetland or adjacent area. Supplementary Special Conditions (A) through (F) attached. 1-4738-00589/00002 Page 3 of 4 ko Do The following conditions apply to all Tidal Wetlands; Freshwater Wetlands; Coastal Erosion Management; and Wild, Scenic, and Recreational Rivers ~ermits: A copy of this permit, including all conditions and approved plans, shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the work site until all authorized work has been completed. The peznnittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its general, special, and supplementary special conditions. failure to comply precisely with all of the terms and conditions of this permit, unless authorized in w-~iting, shall be treated as a violation of the Environmental Conservation Law. If any of the per, it conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address on page one or telephone (516) 444-0365. If project design modifications become necessary after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submission of a new application for permit. At least 48 hours prior to conlmencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a survey. For projects involving activities to be undertaken in phases over a period of more than one year, the pel-mittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to recommencing work in subsequent years. The granting of this permit does not relieve the peznnittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, office of General Services,'Tower Building, Empire State Plaza, Albany, NY 12242 (516) 474-2195, which may be required for any encroachment upon State-owned lands underwater. DEC Permit No. 1-4738-00589/00002 Page 4 of 4 STATE OF NEW~ORK) ) SS: 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 re~dar- ly published in said Newspaper once each week _~_ weeks successively, cl)mmencing thefor ~Lday of ~ 19~ [on Sworn to b~ore me this ~X-~ ( _ day of ~v.~ 19 ~/~ MARY DIANA FOSTER NOTARY PUBLIC, STATE OF NEW YORK NO. 52,4655242. SUFFOLK COUNIY COMMISSION EXPIRES AUGUST 31, 19 ~ 7 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 22ndday of May 1997, 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, Main Road, Southold, New York 11971. Legal Notice, Notice to Bidders, Bulkhead replacement at Orient, bid opening: 10:00 A.M., Thursday, June 12, 1997, Clerk's Office. State Street,! Southold Town Sworn to before me this 22nd day of May , 1997. Nc~ary Public Judith T. Terry ~ Southold Town Clerk LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all labor, materials and equipment as required for the construction of the Bulkhead Replacement at the road end of State Street ("Skippers Lane"), Orient, New York. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York, upon payment of a $10.00 non- refundable fee, made payable to the Southold Town Clerk. The sealed bids, together with a bid security in the form of a certified check or Bid Bond 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, June 12, 1997, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Bulkhead Replacement", 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: May 13, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY 29, 1997, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Superintendent of Highways Jacobs Dodge Reports Brown's Letters Burrelle's Information Services Construction Data Corporation Town Clerk's Bulletin Board JUDITH T. TEP,~RY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Soothold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOU[HOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 13, 1997: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for bids for furnishing all labor and materials and equipment as required for the construction of the Bulkhead Replacement at the road end of State Street (Skippers Lane), Orient, N.Y. ~--~Judith T. Terry Southold Town Clerk May lq, 1997 INVITATION TO BIDDERS: BULKHEAD REPLACEMENT AT STATE STREET "Skippers Lane" ORIENT HARBOR STATE STREET ROAD END ORIENT, New York 11957 REVISED: MAY 20,1997 ENGINEERING DEPARTMENT PECON C LANE PECON Cr N.Y. INVITATION TO BID PROJECT: BULKHEAD REPLACEMENT - STATE STREET (Skipper's Lane) ORIENT, NEW YORK' 11957 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as requireded for the construction of the Bulkhead Replacement at the road end of State Street, in accordance with the Plans and Specifications (dated May 20,1997) prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, Thursday, ~Tune 12, 1997. All specifications are provided herein: drawings to be attached. A fee of ten dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid Or not. Dated: May 13, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk STATE STREET BULKHEAD REPLACEMENT A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in stdct accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, 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. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work,.and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawing~ 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. STATE STREET BULKH~D REP~CEMENT B-1 D. 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. E. AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated 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. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. STATE STREET BULKH~D REPLACEMENT B-2 I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within fifteen (15) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. STATE STREET BULKHEAD REPLACEMENT B-3 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Drawings Proposal Form Statement of Non-Collusion N.Y.S. Affirrnative Action Certification AIA Bid Bond Offer of Surety A- 1 through A- 1 B- 1 through B- 3 C - 1 through C- 1 D - 1 through D- 2 E - 1 through E- 1 F-lthrough F-1 AIA Document # A310 G - 1 through G - 1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations AIA Document # A201 H - 1 through H- 2 K- 1 through K- 1 L-lthrough L-1 M - 1 through M- 2 N - 1 through N -8 SPECIFICATIONS Bulkhead Specifications Page 1 through Page 4 DRAWINGS Site Plan and Bulkhead Section Sheet#: 1of1 STATE STREET BULKHEAD REPLACEMENT C-1 PROPOSAL FORM DATE: NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: May 20, 1997, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottoM page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: BULKHEAD REPLACEMENT - STATE STREET (Skipper's Lane) ORIENT, NEW YORK 11957 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, h,e will accept, in full payment thereof as listed below: STATE STREET BULKHEAD REPLACEMENT D-1 BULKHEAD REPLACEMENT AT THE STATE STREET ROAD END IN ORIENT. THE SIZE OF THE BULKHEAD SHALL BE AS INDICATED ON THE PLANS AND IN THE SPECIFICATIONS. THE CONTRACTOR SHALL PROVIDE ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT THE BULKHEAD IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required securi'b/within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a pedod of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Telephone Number: Date: STATE STREET BULKHEAD REPLACEMENT D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) in accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore distdct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pdor to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certificabon, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be BULKHEAD REPLACEMENT - STATE STREET (Skipper's Lane) ORIENT, NEWYORK 1'1957 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,19 __ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 7S'I, Sec. 103-d, as emended effective September l, ~J965 (Signature) STATE STREET BULKHEAD REPLACEMENT E-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 (Bidder) Certifies that: 1. 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) STATE STREET BULKH~D REP~CEMENT F-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A~'1O Bid Bond KNOW ALL MEN BY THESE PRESENTS, ~hatwe as Principal, hereinafter called the Prindpal, and a corporation duty organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmiy bound unto as Obiigee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourseives, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WH£RFA$, the Principal has submitted a bid for NOW, THEREFORE, if die Obligee shall accept :he bid of the ~incipal and the Principal shall enter into a Contract with the Obllgee in accordance with the terms o~ such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient sure~ for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the ~vent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obtige~e the difference not to exceed the penalty hereof bet~veen the amount specified in said bid and such larger amount for which the Obligee may in &ood faith contract with another ;ar~ Io perform the Work covered by said bid. then this obligation shatt be null and void, otherwise to remmn in ~u{I force and effect. Signed and sealed this day of (Wi~ess) (Principal) (Semi) (Tide) (Witness) (Surety) (Se~) (Title) OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed:. Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. STATE STREET BULKH~D REP~CEMENT G-1 H ^ M E R ~ C a :~ ! N $ T I T L' T E O F A R C H [ T E C T S AL4 Document A201 General Conditions of the' Contract for Construction THIS DOCL'ME.¥T HAS LIlPORT'A,¥T LEGAL COi'vTEQUE,¥CES: COxX, L?UL TA TION W/TH A;V ATTORNEY IS E. VCOL'RAG£D WITH RESPECT TO ITS MODIFICqT[ON 1987 EDITION TABLE OF ARTICLES h GENEI~&L PROVISIONS 2. OWNER 3. CONTIL~,CTOR 4. ,&DMINISTRATION OF THE CONT1L&CT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEP.~RATE CONTRACTORS 7. CHANGES IN THE WORK 8. TLME 9. PAYMENTS :UND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSU1L~NCE .MND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELL,-LNEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE, CONTIL&CT This document has been approved and endorsecl by ~e .~sociated General Contractors of Amer;ca. Copyright 1911, 1915, i918. 1925. [937, 1951, 1958. 19~1. ltYo3, IOX~6. 196". 19-0, 1976. ~ 1987 by Thc American {rl~titute or'Architects, New Yori~ Avenue. N.W.. Washington. D.C.. 200(}6. Reproducuon of the mate.~ai herein or 5uOstanrlal quotation of its provisg)ns without written permission of the AIA violates the copyr;gnt laws of tBe United States .~nd wfiI be suDlect to legal prosecut:o~.s. A201-1987 I INDEX Acceptance of Nonconforming Work ....... 9.6.6.9.93.12.3 Acce~s to Work .................... 3.16,6.2.1, 12.1 Accident Prevention ........................... 4.2,3, 10 Acts and Omissions ... 3.2.1,3.2.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.2, AddRional Cost, Clmrns for ......... 4.3.6,4.3.7,4.3.9,6.1.1, 10.3 Additional Inspections aha Testlng ....... 4.2.6, 9.fi.2. 12.2.1, 13.5 Additional Time. Claims for ............ 4.3.6, 4.3.8. 4.3.9.8.3.2 AesthEtic Effect 4.2.I3, 4.5.1 Allowances ........................... 3.8 Applications for Payment ,. 4.2.5, 7.3.7, 92.9.3, 9.4.9.5.1.9.6.3, Approvals . 2.4.3.3.3.3.5.3.10.2.3.12.4 througil 3.12.8. 3.18.3. Adoitratlon 4,1.4.4.3.2. ~.3 ~, 4.4.4.4.5, Architect 4.1 Architect. Extent o f Authority .... 2.4. 3.12.6. ~.2. 4.3 2. 4.3.6. Architect's Administration of the Contract ...... 4.2, ~.36, Architect'$Approvais 2.-~.35.1,3.10.2.3.12.6.312.8.318.3.42.7 Architect's Copyright 1.3 Architect's Inspections ..... 4.2.2.42.9, 4.3.6.9.4.2.98.2. Architect's On-Site Observations 4.2.2. -~.2.5.4.3.6, 9.4.2. Award of Subcontract~ and Ottter ConU-acta for Pontons of the Work 5.2 Basic Definitions 1.1 Boile~ and Machinery Insurance 11.3.3 Building Permit ......................... 3.7, I Capitalization ................................. 1.4 Certificate o f Sub$tar~tml Completion ................. 9.8.2 Certificates for Payment ..... 4.2.5. 4.2.9, 9.3.3.9.~, 9.5, 9.6.1. Certificates o f Itxspec~on. Testing or App royal 3.12.I1. 13.5.4 Certificates of Insurmace .............. 9.3.2.910.2. 11.1.3 Change Orders. Definition o f .................. 7.2.1 Changes 7.1 CHANGES IN THE WORK 3,1 i, 4.2.8, 7, 8.3.1.93.1.1, 10.1.3 Clam, Definition o f 4.3.1 Claims and Disputes ............. 4.3,4.4,45.6.2.5,8.3.2, CJaim$ and Timely AeserUon of Claims ........ 4.5.6 Claims for Addltionsl Cnst .... 4.36,4.3.7, 4.3.9, 6. I.1, 10.3 CMims for Addltlonsl Time ....... 4.36.4.3.8,0`.3.9,8.3.2 Claims for Concesled or Unknown Conditions 4.3.6 CLamastbrDamages. 3.18.4.3.9,6. I.1,6.2.5.8.3.2.95.1.2, I0.14 Ciam~s Suhiect to Arbitration ........ -+.32.4.4.4, 4.5.1 Clesninej tJ~ ........................... 3.15,6.3 Commencement of Statutory Limhatlon Pedod ..... 13.7 Commencement of the Work. Conditions Relating to 2.I.2. Commencement of the Work. Definition of 8,1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4. 5.2. I COMPLETION, PAYMENTS AND .............. 9 Completion. Substanfial ...... 4.2.9, 4.3.5.2.8.1. l. 8. 1.3, 8.2.3. Concealed or Unknown Conditions 4.36 Consent. Written 1.3.1.3.12.$, 3.14.2.4.1.2. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ......................... 1.1.4,6 Cons~ractlon Change Directive. Defimtion of ............ 7.3.1 ConstructJon Change Dlrecflve~ 1.1.1, 4.2.8, 7.1, 7.3, 9.3. I. 1 Const ruction Schedules, Contract or's ......... 3.10,6.1.3 Contingent Assignment of Subcontmcta ........... 5.4 Continuing Contract Pedormance 4.3.4 Contract, Definition of '1. CONTRACT, TERMINA'~ON OR SUSPENSION OFTHE ........ ~3.7, 5.42L l, 14 Contract Adminmtration 333.4. 9.q, 9.5 Contract Award and Execution. Conditions Relating to 3 Contract Documents, The 1.1, 1.2.7 Contract Documents. Copie~ Fur~lshed and Use o f . 1.3.2.2.5.53 Contract Documents. Definition of i i 1 Contract Peclbrmance During Arbitration 4.5.4..53 Contract $tlm 38, 4.3.6. *.37, 4.*.4. 52.3. Contract S~m, Definition of 9.1 Contract Time. Definition of ................ 8.1.1 2 A201-1987 CONTRACTOR ............................... 3 Contractor, Definition or' .................... 3.1, 6. ~ .2 Contractor's Construction Schedules .......... 3.10, 6:1.3 Contractor's Employees ..... 3.3.2. 3.4.2, 3.8.1.3.9, 3.18, ~.2.3, 4.2.6.8.1.2, 10.2. 10.3, 11.1.I, 14~2.11 Contractor's Liability Inau vance ..................... 11.1 and Owner's Forces ..... 2.2.6. 3.12.5, 3.1,4.2, 4.2.4.6, 12.2.5 Contractor's Relationship with Subcontractors 1.2.4.3.3.2. ContracTor's Relationship with the Architect 1.1.2.3.2. i. 3.2.2. 3.3.3, 3.5.i, 3.7.3, 3.11. 3.12.83.16, 3.18, 4.2.3, .~.2.4, 4.2.6. Perr'orming the Work 3.32.3 i8. ~.2.3. 10 736. 92. 931, 98.2. 991. 910.2. Copies Furnisi~ed of Drawing and Specifications 1.3.2.2.5, 3. i 1 Correction of Work 2.3~ 2.4, 4.2.1,98.2, Cost. Detinition or' .................. 73.6, 14.3.5 Emergencies ...................... 4.3.7, 10.3 Employees, Contractors ........ 33.2, 3.4,2.38.1, 3.9.3.18.1. Equipment, Lal~or. Ma£enal~ and ..... 1.1.3. 1.I.6. 34. 3.5.1. 3.8.2. 3.12.3. 3.12.7, 3.12.11, 3.i3. 3. I5.1. 4.2.7, Execution and Progress of ~he Work .... 1.1.3, 1.2.3, 3.2.34.1, 3.5.1, 4.2.2. 4.2.3, 4.34, 4.3.8. 62.2. 71.3+ Injury or Damage to Person or Property 4.3.9 inspectlo~qs 333.3.3 ~. 3 T 1,-t.2.2. INSURANCE AND BONDS ~.. 11 A201-1987 3 Limitations of Time, Specific ........ 2.I.2, 2.2.1, 2.4, 3. Loss of Use Insurance 1 ~.3.3 93I. 9.3.i.2. 9.3.3, 9.4.2. 96.5, 910.4 736. 93.2. 9.33. [2.2.~. Means. Methods, Techniques. Sequences and MISCELLANEOUS PROVISlO*NS 13 Mutual Responsibility 6.2 Nonconforming Work. Acceptense of 12.3 Noncon forming Work. Reiection and Correction of .... 2.3.1. 43.5. 95.2. 98.2. 12. 13.7. i.3 Notice 2.3.2.-~.3.2.1.3.2.2.3.73.373.3.9.312.8. 12.2.4. 133. 135 i. I352. Notice of Tesung and Inspections ......... 135.1. ~ 352 Notice to Proceed 8.2.2 Observations, Contractor s .............. 12.2.3.2.2 Occupancy 9.6.6.98.1.99. I13.1I On-Site Inspections by the Architect -~ 22. ~.2.9, 4,36, 9.4.2. 98.2. 9.9 2. 910.1 On-Site Observations by d~e Architect 4.2.2, ~.2.5. ~.3.6. Orders. Wdtten 2.3.3.9. -L3.7.7, 8.2.2. 11.3.9, 12,1, OWNER 2 Owner, Oeflniflon ~ 2.1 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 11.53 Owners Relationship with Subcontractors I. 12. Owner's Right to Clean Up 6.3 Owner's Right to Pedorrn Construction and to Awsr~ Separats Contracts 6.1 Owner's Right to Stop the Work ......... 2.3,4.3.7 Owner's Right to Terminate the Contract ............ 1-,2 Ownership and Use of Architect's Drawings, Specifications and Ott~r O~rnehts ....... 1.t.t. 1.a, 2.2.5.53 la lrtlsl Ocstl~anoy or Us~ 9.6.6. Patching, Cutting and 3.14, 6.2.6 Patents, Royalties and 3.17 Payment, Applications for 4.2.5.9.2, 9.3, 9 ,. Payment, Certificates for ,~.2.5.42.9.93 Payment, Failure of -~.3.7, 9513. Payment Bond, Pe~orrnsnce Bond and -3 Payments. Progress .* 3-~. 9.3, 96, 98.3, 910.3. 136, 1.~.2.3 PAYMENTS AND COMPLETION 9, 4 A201-1987 Rules and Notices for Art~itratlon ............. 4.5.2 Safety of persons and P~opecr/ 10.2 Safety Precautions and Programs ..... 4.2.3, 4.2.7, 10,1 Samples, Definition of .................... 3.12.3 Ssmplss, Shop Omwings, Product Data ar~d 3.H,3.12, 4.2.7 Saraples at the Site, Documsnts and 3,11 Schedule of Values 9,2, 9 3.1 Schedules. Construction 3.10 Separate Contracts and Contracrors 1.1.4. 3.14.2, Shop Drawings, PraduCt Data and Samples 3.11,3.12, 4.2.7 9.~.2. 95.l. 982. 992.9.10. L 135 Speciflcatlons, Definition of the 1.1.6 Subcontractor; Definition of 51. SUECONTRACTORS 5 Subcontractors. Work by I 2.4.3.3.2.3.i2.1, 4.2,3, 5.3. 5.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work ..... ~.3-. 542. I4. I.I.4. 14.3 Suspension or Termination o f the Contract 4.3.7, 5.4. i.1, 14 Taxes 3.5, "3.6.4 Termination by the Contractor .................. 14.1 Termination by the Owner fer Cause ..... 5.4.1. l, 14.2 Termination o f the Architec; 4.1.3 Termination of the Comractor 1'~.2.2 TERMINATION OR SUSP;NSION OF THE CONTRACT .... 14 TIME 8 Time, Delays a~d Extensions of 43.8. -2. l, 8.3 Title to Work 932.9.33 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Condition~ 4.50. 831. I0 [ Use of Site 3.13, 6 t.l. 6.2.I Values, Schedule of 9.2.9.31 Waiver of C]aims: Final Payment 4.3.5, 451.9.103 W=wersofSubrogaoon O.I.l II.3 5, 113 7 Warranty and Warranties 3.5, 4.2.9, When Arl~itration May Ee Demanded 4.5.4 A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner :md Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is {1) a wbtten amendment to the Contract signed 'ay both parties, (2) a Change Order, (3) a Consrrucuon Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement. the Contract Documents do not include other documents such a.s bidding requirements (advernsement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Commes Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modificadon. The Contract Documents shall not be construed to create a contrac- tual relaraonship of any kind ( 1 ) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate pertbrmance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the COnStruanon and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to &tlfilI the Contractor's obligations. The Work may constitute the whole or a part of the Proiect. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- furmed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DR~WINGS The Drawings are the graphic mad pictorial portions of the Con- tract Documents, wherever located and whenever issued. showing the design, location and dimensions of the Work. generalIv including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specii'ications are that portion of the Contract Documents consrsting of the written reqmrements for material, equip- meat, construction systems, standards and worl~nanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Proiect Manual ks the volume usually assembled for tile Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shaal be signed by file Owner and Contractor as provided in the Agreement. [f either file Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execuuon of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil_ Jar with local conditions under which the Work is to be per- formed and correLated personal observations with require- meats of the Contract Dooarnents. 1.2.3 The intent of the Contract Documents is to include all items necessary, rbr the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as ff required by all; performance by the Contractor shall he required only to the extent consistent with the Contract Docu- ments :md reasonably inferable from them as hethg necessary, to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and m-tides, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated m the Contract Documents, words which bare well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by' the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor,,SuD- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and:other documents prepared hy the Architect. and unless otherwise indicated the Arcfurect shall be deemed the author of them and will ret:un all common law statutory and other reserved rights. in addition to the copyright. MI copies of them. except the Contractor's record set, shall be returned or suitably accounted for to tine Architect, on request, upon completion of the Work. The Drawings. Specifications and other documents prepared by the Architect. and copies thereof furnished to the Contrac- tor. are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor. Sub- subcontractor or material or equipment supplier on other prop ects or for additions to this Project outside the scope of the 6 A201-1987 Work without the specific written consent of the Owner and ArchitecL Tbe Contractor, 5ubcontractots, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- inns, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall be-az the statutory copyright notice, ff any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distrihutinn to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITAI. JZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically de£med, (2) the titles of num- bered a.eqcles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying word~ such as "all" and "any" and arti, eles sudl as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2,1 DEFINITION 2.1.1 The Owner is ~he person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant tbr the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record Iegal title to the property on which the Project is Iocated, usually referred to as the site. and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, inforrnatkm of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnksh to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless suO rea~onaOle et'tden¢~ were fitrnishe~l on request prtor to the executR)n oJ required to execute the Agreeme*tt or to commeztce the Work] 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Proiect, and a legal descnpuon of fine site. 2.2.:1 Except for permits and fees which are the responsibility shall secure and pay fbr necessary appruvals, easements, assess- ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in e.'osting facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.8 Unless otherwise provided in the Contract Documents, the Contractor wi.il be furn~hed, free of charge, such copies of Drawings and Project Manuals a.s are reusonahly necessary for execution of the Work. 2.9.~ The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 1 I (Insurance and BoncB). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently falls to carry out Work in accordance with the Contract Documents, the Owner, by written order sigfled personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the rigtat of the Owner to stop the Work sball not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or enuty, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If thc Contractor defaults or neglects to carry out fine Work in accordcance with [he Contract Documents and f~uls within a seven*day period after recexpt of wfinen notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second wruten notice to correct such deficiencies ~,'ithin a second seven-day period. If fine Contractor within such second seven- day period a~ter receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without preiudice to other remedies the Owner may have. correct such deficiencies, in such cae an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractur the cost of correcting such defi- ciencies, including compensation for the Architect's. additional servtces and expenses made necessary by such default, neglect tlr failure. Such action by fire Owner and amounts charged to the Contractor ~e both suhlem to prior approval of the .~-chi- cert. If payments then or thereuRer due the Contractor are not sufficient to cover such amoums, the Cuntractor shall ~a.? the difference to the Owner. ~7~'7:! ARTICLE 3.1 CONTRACTOR DEFINITION 3.1.1 The Contractor is the person or entity identified ~ such in the Agreement and is referred io throughout the Contract Documents as if singular tn number. Tile term "Contractor" means the Contractor or the Contractor's authorized representative. A201-1987 7 3.2 REVIEW OF CONTRACt, DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall ,carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursum~t to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, ~nconsistency or omission and knowingly failed to report it to the ..h'chitect. if the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shaft assume appropriate responalbiiity for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall ta~e field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing ucttviues. Errors, inconsistencies or omissions discovered be reported to the Arcfutect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Conttuct Documents and subm~nals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work. using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construct and lbr coordinating ail portions of the Work under the Con- eons concermng these matters. 3.3.2 The Contractor shall be responsible to the Owner ~'or acts and their agents and employees, and other persons performing 3.3.3 The Contractor shall not be relieved of obligations to per- approvals required or performed by persons other than the 3.3.4 The Contractor shall be responsible far inspecnon of pot- roms of Work already performed under this Contract to deter- 3.4 LABOR AND MATERIALS 3.4.1 L'niess otherwise provided in the Commct Documents, the Contractor shall provide and pay for labor, materials, equip- 3.4.2 The Contractor shall enforce strict discipline and good employment of unfit persons or persons not skilled in tasks 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and 3xchitect that materials and equipment famished under the Contract will be of good quality and new unless otherwise required or perm~t- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted. and that the Work will conform with the requirements of the Contract Documents. Work not conformmg to these require- meats, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludeS remedy for damage or defect caused by abuse, modifications not executed by thc Contractor. improper or insufficient maintenance, improper opemtxon, or normal *,'ear and tear under normal usage. If required by the Architect. the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment, 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, u~e and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when Dicks are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental tkes, licenses and inspections necessary for proper execuuon and completion of the Work which are customarily secured :ffrer execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 The Cuntractor shall comply with and g~ve minces required by Iaws. ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not me Contractor's responsibility to ascertain ~hat the Contract Documents are tn accordance with applicable laws, statutes, ordinances, building codes, and roles and regula- tk)ns. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the ,M-chitect and Owner in waling, and necessary changes shall be accomplished by appropriate Modificatk)n. 3.?.4 If the Contractor perK)tins Work knowing it to be con- trary to laws. statutes, ordinances, building codes, and rules and the Contractor shall afisume ~il responsibility for such Work 3.8 ALLOWANCES 8 A201-1987 AIA nOCUMIF. NT AaOl · GENER~.L CONDITIONS OF THE CONTP. AC.T FOR CONSTRUCTION ' FCaURTEENTH EDITION .3 Contractor's costs for unloading and h::u,dling at the site. labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (l) the difference between actual costs and the allowances under Clause 38.2,2 and (21 changes in Contractor's costs under Clause 3.8.2.3. 3,cJ SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary, assistants who shall be in attendance at the Project sxre durmg performance of the Work. The supennten- d~t shall represent the Contractor, and communicaraons given to the superintendent shall be as binding a.s ff given to the Con- tractor. Important communicauons shall be con£u'med in wnt- ink. Other communicauons shall be sm~ilarly confirmed on written request hq each c~se. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and ~ubmit far the Owner's and .~-chitecr s The schedule shall not exceed time limits current under the Contract Docdments. shall be revised at appropriate intervals required by the conditions of the Work and Project. sball be related to the entire Project co the extent required by the Con- tract Documents. and shall provide for expeditious and practi- which submittals are required the way the Contractor proposes to con/brm to the information given and the design concept expressed in the Contract Documents. Review by the .~chitect is subiect to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data. Samples and similar submittals required by the Contract Documents with mason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors, Submittal5 made by the Contractor which are not required by the Contract Documents may be returned without 3.12.8 The Contractor shall perform no portion of the Work requiring submittal and review dj" Shop Drawings, Product Data. Samples or similar submittals until the respective submit- rat has been approved by the Architect. Such Work shall he in accordance with approved submittals, 3.12.7 By approving and submitting Shop Drawmgs. Product that the Contractor has determined and verified materials, field will do so, and has checked and coordinated the information comalned within such submittals with the requirements of the Work and of the Contract Documents, 3.12.8 The Contractor shall not be relieved of responsibility by the Architect's approval of Shop Drawings, Product Data. specifically i~formed the .4xchitect in writing of such deviatk)n at the time of submittal and the Architect has ga'eh written approval to the specific deviation. The Contractor shall not be relieved of responsibility R>r errors t)r omissions in Shop Draw- inks, Product Data. SampIes or similar submittals by the Archi- tect's approval thereof. 3.12.9 Thc Contractor shall direct specific a£tentkm, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Intbrmatkmal submittals upon which the Architect is 3.12.11 When professional certification of performance criteria of materials, systems or eqmpment is required by the Contract Documents. the Architect shall he entitled to rel~, upon the 3,13 USE OF SITE 3.13.1 The Contractor ~hall confine operations at [he'site'm materials or equipment. 3,14 CUI-rlNG AND PATCHING 3,14.1 The Contractor shall be responsible tbr Cutting, 8rting or patching required to complete the Work or rd make its parts fit together properly. 3,14.2 The Contractor shall not damage t)r en 'danger a portion of the Work or ~ily or partially completed construction of thc A201-1987 9 the Owner and of such separate contractor; such consent si.all not be unreasonably withheld. The Contractor shall not unica- Contractor's consent to cutting or ot.herwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumularAon of waste materials or rubbish caused by operaiions under the Contract. At completion of the Work the Contractor shall remove from and about the Project equipment, machinery and surplus materials. 3.15.2 If the Contractor fads to clean up ms provided in the thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16,1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or clmms for infringement of patent nights and shall hold the Owner and Architect harmless such defense or ioss when a particular design, process or prod- son io believe that the required desigrl, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by [aw, the Contractor shall indemni~v and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from performance of the Work, provided that such clawn, dam- age, loss or expense is attributable to bodily iniury, sickness, erty (other than the Work itself) including loss of use resulting anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or no[ such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims ag.mast any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirecd? employed by [hem or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3. [ 8 shall not be limited by a limitation on remount or type of damages, compensation or benefit acts or other employee benefit acts, a.18.3 The obligations of the Contractor under tfus paragraph 3.18 shall not extend to the liability of the .M'chitect. the Archi- tect'5 consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, report, s. surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instrucdons by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary, cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person [awfuily licensed to practice architecture or an entity lawf-dlly practicing architecture idea- tiffed as such in the Agreement and is referred to throughout the Contract Documents as if singulm- in number. The term "Architect" means the Architect or the Architect's andqorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the .&rchitect, the Owner shall appoint an architect against whom the Con- tractor mai(es no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes ansmg under Subparagraphs 4.1.2 and 4.1.3 shall be subiect ~o arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is clue and (3) with the Owner's concurrence, from tune to dine during the correction period described ha Para- graph I2.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions' of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally Pamiliar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- tnt that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make e.-d~anstive or continuous on-site inspections to check quality or quantity of the Work. On the basis Of on- site observations as an architect, the Architect will ke~p the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and w-ill not be responsible for constc~ctinn means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's i~lure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in thc Contract Documents cate through the Architect. Communications by and with the Architect's consultants shall be through tile Architect. Corrmau- nications by and with Subcontractors and material suppliers shaft be through the Contractor. Communications by and with separate contractors shall he through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will issue Certitlcates for Payment in such amounts. 4.2.6 The Architect wdl have authority to reject Work which Architect considers it necessary or advisable for implementa- have authority to require additional inspection or testing of the Work tn accordance with Subparagraphs 13,5.2 and 13,5.3, whether or not such Work is fabncated, installed or completed. authority shall give rise to a duty or responsibility of the ,~'chi- 4.2.7 The Architect will review and approve or take other Shop Drawings, Product Data and Samples, bur only for the limited purpose of checking for conformgtnce with informatinn while allowing sufficient nme in the Architect's professional is not conducted for the purpose of determining the accuracy performance of equipment or systems, all of which remain Ihe responsibility of the Contractor as required by the Contract tale shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not specifically stated by the Architect. of any constmctinn memqs. assembly of which the item ts a component. 4.2.8 Thc Architect will prepare Change Orders and Construe- the Work as provided in Paragraph 7.4. 4.2.10 If the Owner and Architect agree, the Architect will pro- OUt the Architect's responsibllines at the site. The duties. responsibilities and limitations of authority of such project representatives shall be as set forth in an e.'thibit to be incorpo- rated in the Contract Documents, 4.2.11 The Archi[err will interpret and decide matrem concern- ing performance under and requirements of the Contract Documents on whtten request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. [f no agreement is made concerning the tmae within which interpretations required of the Architect shaft be fur- nished in compliance with this paragraph 4.2, then delay shall not Be recognized on account of failure by the .4xchitecr tO fur- nish such interpretations until 15 days after wdtten request is made for them. 4.2.12 interpreta~ons and decisions of the 3a'chitect wdl be consistent with the interlt of and reasonably inferable from the Contract Documents and will be in wrinng or Ln the form of drawings. When ma~ing such interpretations and decisions, the Architec: will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.15 The Architect's decisions on matters relating to aesthenc effect will be final if consistent with the intent expressed in the Contract Documer~ts. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A ClaWn is a demand or asse~ion by one of the parries seeking, as a matter of dght, adjustment or interpre- tenon of Contract terms, payment of money, exrens~on of tittle or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes mqd matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by wntten notice. The responsibility to substantiate Claims shall rest with the party making the Claim, 4.3.2 Decision of Archit~t. Claims. including those alleging an error or omission Dy the .~'chitect, shall be referred ininally to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4,4, shall be required as a condition precedent to arbitration or litigation of a Clawn between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- p{eted. The decision By the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architec; is vacant. (2) the A~hitect has not received evidence or has failed to render a c~cision within agreed time limits. (3) the Architect has failed 'to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) -~5 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien, 4.3.3 Time Limits on Claims. Clmms by eiiner party must be made within 2 [ days after occurrence of the event gwing nse to such Clmm or within 21 days after the claimant first recognizes the condition gwing rise to the Cia:m, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. A2.01-1987 11 4.3.4 Continuing Contract Per~orrnance. Pending final r~so- lution of a Claim including arbitration, unle.~ otherwise agreed in whting the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shaft continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of Cmal payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens. Claims. security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the reqmrements of the Contract Documents; or .3 terms of special warrannm required by the Contract Documents. 4.3.8 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (I) subsurf:lCe or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to e.,ctst and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be g~ven to the other party promptly before conditions are disturbed and in no event later than 21 clays after first observance of the conditions. The Mchi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for. performance of any part of the Work. will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. ffthe Architect determines that thc conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, thc Architect shall so notiiS' the Owner and Contractor in wnnng, stating the reasons. Claims by either party m opposinon to such determinanon mu~t be made within 21 days after the ,-~rchitect B~L5 given notice of cbe decision. If cee Owner and Contractor cannot agree on an adjustment in inc Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- m~nauon, subject to fiarther proceedings pursuant to paragraph 4.3.7 Claims for Additional Cost. If the Contractor wishes to emergency end:mgering life or property arising under Para- graph 10.3. It' the Contractor believes additional cost ~s feet, (4) tsilure of payment by the Owner, (5) terminam)n of the rc0.sonable grounc~, Claim shall he filed in accordance with the 4.3.8 Claims for Additional Time for additional time, such CImm sball be documented by data substanQgting that weather conditions were abnormal for the period of time and could not have been reasonably anticipated. and that weather conditions had an adverse effect on the scheduled con~truction. 4.3.9 Injury or Damage to Person or Property. If either p~-ry to the Contract suffers injury or damage to person or prope:xy I~ecause of an act or omission of the other party,, of any of the o~er party's employees or agents, or of others for whose acts such part2,' is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 2 1 days after first observance. The notice shall provide sufficient detail to enab{e the other party to invesngate the matter, if a CImm for addi- tional cost or re'ne related to thks Claim is to be asserted, it shall be flied as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Cia/ms and take one or more of the following pre~minary actions within ten days of receipt of a Ci;um: (1) request additional supporting data from the claimant. (2) submit a schedule to the parties indicating when the Archi- tecr expects to rz~e action, (3) reject the Clanm in whole or in part, stating rezsons for relecnon, (4) recommend approval of the Claim by the other parry nr (5) suggest a compromxse. The Architect may also. but m not obligated to, noti~, the surety, if any. of the nature and amount of the Claim. 4.4.2 Ifa Claim has been resolved, the Architect will prepare or obtmn appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall within ten days after the Architect's preliminary response, take one or more of the tbllowing actions: (I) submit additional supporring data requested by the Architect. (2) modify the inin~ Claim or (3) noti~ the Architect that the initial Claim stanch, 4.4.4 [fa Claim ha3 not Been resolved al'ter consideration of the foregoing and of further evidence presented by the parties or requested by the Architect. the Architect *,'ill notify the parries in writing that the Architect's decision will be made within seven days. which decision shall be final :md binding on the parties but subiect to arbitration. Upon expiration of such nme period, the Architect *.-ill render to the parties the Architect's written decision relative to the Claim. including any change in the Contract Sum or Contract Time or bath. If there is a surety and there appears to be a possibility of a Contractor's dethult. the Architect may. but is not obligated to. notify the surety and 4.5 ARBITRATION 4.5.1 Controversies and Claims Subtect to Arbitmttom .~ny 12 A201-1987 4.5.2 Rules and Notices for Arbitration. Clmms between thc Owner and Contractor not resolved trader Pm-~gmph 4.4 shall, if subject to arbitrauon under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry. Arbitration Rules of the American Arbitration g~soc:.h, tion cur- rently in effect, unless the panics mutually agree otherwise. Notice of demand for arbitration shall he filed in writing with the other parry to the Agreement between the Owner and Con- tractor and with the American Arbitration A~ssociation, and a copy shall be filed with the Architect. 4.5.3 Contract Performance Dudng Arbitration. Dunng arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Clmm may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Clmm, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4,5.4.1 When a written decision of the Architect states ina[ (1) the decision is final but sub}cci to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then i;~ilure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. ff the Architect renders a decision after arbitration proceedings have been initiated, such decision may he entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision ts acceptable to all garues concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4,5,4. '. as applicable. :md in other cases within a reasonable time after the Claim h~ arisen, and in no event shall it be made alter the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations az determined pursuant to Paragraph 13.7 4.5.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent contmning specific reti:rence to the Agree meat and signed by the Architect. Owner, Contractor and any other person or entity sought to be joined. No arbitrauon shail include, by consolidation or joinder or in any other manner. parrms other than the Owner. Contractor. a separate contrac- tor as described in .M'ticle 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief ks to be accorded in arbitration, No person or entity other than the Owner. Contractor or a separate contractor as described in ,M'ticle 6 shall be included az an ong- inal third party or additional third party to an arbitration *.-hose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity m)t named or described therein. The ~ore- going agreement to arbitrate and other agreements to arbKr'ate with an additional person or entity duly consented to by parries to the Agreement shall be specifically enforceable under appli- cable law in any court having {unsdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a parry fails to include a Clall-n through oversight, inadvertence or excusable neglect, or when a C1ama has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be t'mal, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereo£ ARTICLE 5 5.1 SUBCONTRACTORS DEFINITIONS 5,1,1 A Subcontractor ts a person or entity who has a direct contract with the Contractor to per/btm a pomon of the Work at the site. The term '*Subcontractor" is referred to throfighout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate 5,1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor ~o perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding reqmrements, the Contractor. az soon az prat- tic-able after award of the Contract. shall h~mish in waling to Iht Owner through the .M'chitect the flames of persons or enti- ties (inc:uding those v-ho are to famish materials or equipment fabricated Ioa special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Corn tractor in writing stating whether or not the Owner or the Architect. after due investigation, has reasonable ()hlection to any such proposed person or entity Failure of the Owner or Architect to reply prompdv shall constitute noncu of no re'ms(m* able objection. $.2.2 The Contractor shall not contract with a pc0posed per- sonable and timely obiecrion. The Contractor shall not be 5.2.3 If the Owner or Architect has reusonahle objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no and an appropriate Change Order shall be issued. However. no increase in the Contract Sum shall be allowed for such ch;rage unless the Contractor has acted promptly and responsively in submimng names az required. 5.2.4 The Contractor shall not change a Subcontractor, person reasonable objection to such change. A201-1987 13 6.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, thc Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor ali the obllgatinns and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the fights of the Owner and Architect under the Contract Dooaments with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not preiudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has agmnst the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sob- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only llar those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assxgnment is subject to the prior rights of the surety, [f any, obligated under bond relating to the Contract. 6.4.:l if the Work has been suspended for more than 30 days, the Subconrractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces. and to award separate contacts in connecnon with other por- tions of the Proiect or other constmctinn or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance sod wmver of subrogation. If the Contractor claims that delay Or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.9 When separate contracts are awarded for different por- tions of the Proiect or other construction or operations on the s~te, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- dies when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessalT' after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor. separate contractors and the Owner un,ii subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to Be subject to the same obligations and to have the same oghts which apply to the Contractor under the Condi- finns of the Contract, including, without excluding others, those stated in ~M-ticle 3, this A..'ticM 6 and .M'ticles lO, I1 and I2. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner :md separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect :md coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or resdits upon construction pc operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work. promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rste contractors' comp[eted or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then ressonabIy discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or detective construction shall be home by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong* fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph [0,2.5. 6.2.6 Cla~ns and other disputes and matters in question between the Contractor :md a separate contractor shall Be ject to thc provtsinns of paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor. separate con* tractors and the Owner as to the responsibilily under their respective contracts for maintaining the premises and surround- ing area tYee from waste mater',als and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the ,~rchitect determines io be just. 14 A201-1987 AI~, {X)CtSMEI~IT A~.01 · GENERAL CONDITIONS OF THE CONTI~.CT FOR CONSTRUCTION · FOURTEENTH EDITION AIA~ · ~ [987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, 'WASHINGTON. D,C. 20006 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7,1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without inva/ddating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work. subject to the limitations stated in this .article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Consrructinn Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon. and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor. the applicable unit prices shall be equitably adjusted. 7,2 CHANGE ORDERS 7.2.1 A Change Order is ~ written instrument prepared by the Architect and signed by the Owner. Contractor and Architect. stating their agreement upon all of the following: any. tract Time being adiusted accordingly. 7.3.2 ^ Construction Change Directive shall be used in the .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable hxed or percent- age fee; or .4 as provided in Subparagraph 7.3.6, 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall prompdy proceed with the cha~ge in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, ff any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.:1.5 A Construction Change Direcnve signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shali be recorded as a CBange Order. 7.3.5 If the Contractor doe~ not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the .arcbd- tect on the basis of reasonable expenditures mad savings of those performing the Work attributable to the change, includ- ing, ~n case of an ~ncrea.se in the Contract Sum. a reasonable allowance tbr overhead and profit. In Such case, and also under CLause 73.3.3, the Contractor shall keep and present, in such form as the .architect may prescribe, an itemized accounting together with appropriate supporting dam. Unless otherwise provided in the Contract Documents, costs for the purposes of thks Subparagraph 736 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or wor~men's cumpensanon insurance; .2 costs of materials, supplies and eqmpment, includ- lng cost of transportauon, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contramor or 7.3.7 Pending final determination of cost to the Owner. amounts not in dispute may be included in App!ications ~or Payment. The amount of credit to be 'Alowed by the Contrac- tor to the Owner for a deletion or change which results in a net decre-~se in ~he Contract Sum shMl Be actual net cost as con- firmed by the Architect. When both additions an~.credits covering related Work or substitutions are involv~ in a change, the 'allowance for overhead and profit shall be figured on the Basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do riot agree with [he the adjustment or the method shall be referred to the Architect fbr determination. 7.3.~ When the Owner and Contractor agree with ihe deter- meat upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. A201-1987 15 7,4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have anthodty to order minor ch:mgm in the Work not involving adjustment m the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry, out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adiustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persuns or entities 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. mean calendar day unless otherw~e specifically defined. 8.2.2 The Contractor shall not knowingly, except by agree- date of insurance required by Article I 1 to be Mrmshed by the 8.3.;l Claims relating ti) time shall be made in accordance with applicable provisions of Paragraph 4.3 8.3.3 This Paragraph 8.3 does not preclude recove,'-v ages tbr delay by either par~y under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing author',zed ad{nstrnents, is the total amount payable by the Ownes to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the tirst Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to vm'ious potions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the .M'chitect may require. This schedule, unless objected to by the .&rchitect. shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At [co.st ten days before the date established for each progress payment, the Contractor shall submit to the .&rchitect an itemized Application for Payment for operations completed ~n accordmqce with the schedule of ~alues. Such application shall 3e notarized, if required, and supported by such data substantiating the Contractor's dght to payment as [he Owner or .M'chitect may require, such as copies of reqmsinuns from Subcontractors and material suppliers, and reflecting retainage il' provided for elsewhere in the Contract Documents. 9.3.1.1 Such appiicanons may include requests ~'or payment on account o~: changes in the Work which have heed properly authorized by Construcuon Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests fur pay- Subcontractor or material supplier because of a dispute or other 9.3.2 Units t~therwise provided in the Conmact Documents. payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent ~ncoc- poratiun in the Work, ff approved in advance by the Owner. payment ma5' similarly be made for materials and equipment Owner's interest, mad shall include applicable insurance. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner au later than upon submittal of an Application ~br Payment all Work for which Certificates for Payment have Been previously isa~ued provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will. within seven days after recmpt of the 16 A201-1987 Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Mchitect determines is properly due. or notify the Contractor and Owner in writing of the .~chitect's reasons for withholding certification in whole or in part as provided in Subparagmph 9.5.I. 9.4.2 The kssuance of a Certificate for Payment will constitute a representation by the Architect to the Owner. based on the Architect's observations at the site and the data comprising the Application i'Br Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Comract DocLLrnent& The foregoing representa- tions are subiect to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable pdor to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor ~s entitled to payment in the anqount certified. However, the issuance ora Certificate for Pay- ment will not be a representation that the Architect has (1) made e.,thaustive or continuous on-ske inspections to check the quality or quantity of the Work. (2) reviewed construction means, method.s, techniques, sequences or procedures. (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's dgbt to payment or (4) made ex:Lminatlon to ascer~xtn how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may dec:de not to cemfT payment and may withhold a Certificate for Paymem in whole or in parL to the extent reo.sonably necessary, to protect the Owner. if in the Arch:tect s opmkm the representations to the Owner required Dy Subparagraph 9.4.2 cannot be made. If the Architect is unable ro certify payment in the amount o(the Applicatinn, the Architect will notify the Contractor and Owner as provided in Sunparagraph 9.4. t. [f the Contractor and .axchitect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representam)ns io the Owner. The Archi- tect may als() decide not to certify payment or. because of subsequently discovered evidence or subsequent observatkms, ma}, nullify the whole or a part of a Certificate for Payment previously issued, to such extent ~ may be necessary in the Architect's opinion to protect the Owner from k)ss because of: .1 defective Work not remedied: .2 third party cimms filed or reasonable evidence indicat- ing probable filing of such claims: .'I ~lure of the Contractor to m'.~e payments prop- erly to Subcontractors or for labor, maten'aL5 or equipment: pieted for the unpaid balance of ~he C~mtmct Sum: .ii reasonable evidence that the Work will not be cum- pleted within the Contract Time. and that the unpaid liquickqted ciamages for the anticipated delay; or 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9,6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment. the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner. out of the amount paid to the Contractor on account of such Subcontramor's por- tion of the Work. the amount to which said Subcontractor ks entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropdate agreement with each Subcontractor. require each Subcontractor to make payments to Sub-subcontractors in sLmllaz manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied ebr by the Contractor and action taken thereon by the :M'chitect and Owner on account of por- t~ons of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor .Axchitect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to mate,nM suppliers shall be treated in a manner simiiar to that provided in Subparagraphs 9.6.2.96.3 and 9.6.4. 9.&8 A Certificate for Payment, a progress payment, or partial or enure use or occupancy of the Proiect by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate tbr Payment. through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment. or if the Owner does not pay the Contractor within seven days atler the date established in the Contract Documents the amount cer- tified by the Arci'~itect or awarded by arbitration, then the Con- tractor may, upon seven additionsl day's' written notice to the Owner and Architect. stop the Work until payment of the amount nwmg ha5 been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Commctor's reasonable costs of shut-down, deny and srart-up, which shall be accomplished as provided in .~¢icle 7 ' 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion ~hereol: is'Tsuffi- ciendy complete in accordance with the Contract Dot,bleats so the Owner can occupy or utilize the Work for its intended 9.fl.2 When the Contractor considers that the Work. or a por- t.on thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be c~)mpleted or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work m accordance with the Contract Docu- ments. Upon receipt of the Contractor's list. the Architect will make an inspection to determine whether the Work or desig- A201-1987 17 aa[ed portion thereof is substantiMiy complete. If the Architect's inspection discJoses any item, whether or not included on the Contractor's list, which is not in accordance with the requizements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the A~chitect will prepare a Certificate of Suhstansial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for seoar~ry, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless other:vise provided in the Certificate of Substantml Comple- tion. The Certificate of Substantial Completion shall be sub- mitred to the Owner and Contractor for their wdnen accep- tance of responsibilities assigned to them in such Cemficate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon applicanon by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retalnage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PAR'rIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- t~dly completed portion of the Work at any stage when such poroon is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph l 1.3.11 and authohzed by public authorities having junsdiction over the Work. Such part~ occupancy or use may commence whether or not the pore[on is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retamage if any, secu- nty, mmntenance, heat, utilities, damage to the Work and insur- ance, and have agreed in wtiting concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare artd submit a list to the A~chitect as provided under Subparagraph 9.8,2. Consent of the Contractor to partial occu- pancy or use shall not be unreusonabiy withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the ,&rchitect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and ,~.rchirect shall jointly inspect the area to be occupied or portion of the Work to tie used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work sbMI not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written no[ice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a fi~q2J Certificate for Payment stating that to the best of the Architect's know[edge, information and beileL and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said f'mal Certificate is due and payable. The Architect's Final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to Final payment have been full'tiled. 9.10.2 Neither final payment nor any remaining rer~dned percentage shall become due until the Contractor submits to the Architect (l) an affidavit that payrolls, bills for materials and equipment, ~td other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been prod or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the Msurance will not be renewable to cover the period required by dae Contract Documents, (4) consent of sure~, if any, to final payment and (5), if required by the Owner, other data establishing paymexat or sansfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arming out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcon- tractor refuses to Mrnish a release or wmver required by the Owner, the Contractor may furnish a bond satisfactory, to the Owner to indemnify the Owner against such {leo. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including Mi costs and reasonable attorneys' fees. 9.10.3 If. after Substantial Completion of the Work, final com- pletion thereof ts matenMiy delayed through no fault of the Contractor or by issuance of Change Orders affecting f'mal completion, and the Architect so confirms, the Owner shMi, upon application by the Contractor and certification by the 3xchitect, and without terminating the Contract, make payment of the balance due for that portion of the Work ~ily completed and accepted. If the remaining balance for Work not fiMiy com- pleted or corrected is les5 than retainage stipulated irt the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constttute a waiver of claims. The making of final payment shMi constitute a wmv&r of claims by the Owner as provided in Sub- paragraph 4.3.5 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of clmms by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the wmver described in Subparagraph 4.3.5. 18 A201-1987 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY I 0.1 SAFe. t t' PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor sh~.li be responsible for initiating, main- taming and supervlsing all safety precautions and programs in connection wida the performance of the Contract. 10.1.2 tn the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated bJphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in t.he affected area shall not thereafter be resumed except by wnnen agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and bas not been rendered harmless, The Work in the affected area shall be resumed in the absence of asbestos or polychlori- noted blphenyl (PCB}, or when it has been rendered harmless, by wntten agreement of the Owner and Contractor, or in accordance with tinal determination by the .~a'chitect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent may Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor..~-chitect. Archi- tect's consultants and agents and employees of any of them from and against dawns, damages, losses amd expenses, includ- ing but not limited to attorney's' fees, arising out of or resulting from performLmce of'the Work in the affected area if in fact the material is asbestos or polychlormated bipheny{ (PCB) and has not been rendered harmless, provided that such clwm. damage, toss or expense is attributab[e to bodily injury, sickness, disease or death, or to iniury to or destruction of tangible property (other than the Work itseifl including loss of use resulting theret¥om, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly' or indirectly empk)yed by the Owner or anynne for whose acts thc Owner may be liable, regardless of whether or not such claim, damage, k)ss or expense is caused in part by a party indemnified hereunder. Such obligation >hall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwtse e.,gst as to a party or person described in this Subparagraph I0. I.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall cake reasonable precautions for safety oL and shall provide reasonable protection to prevent damage, znjury or loss to: .1 employees on the Work mad other persons who may be affected Ihereby; .2 the Work and materials and equipmenr to be incorpo- rated therein, whether in storage on or off the site. under care. custody or control of the Contractor or the Contractors Subcontractors or Sub-subcontrac- tors: and .3 other property at the ~ite or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, 10.2.2 The Contractor shall give notices and comply with applicable laws. ordinances, rules, regulations and Iawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shaJl erect and maintain, as reqmred by e.',~sting conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs :md other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent seres and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exerc.~se utmost care and carry on such activities under supervlsion of properly qualified personnel. 10.2.$ The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents} to property referred to in Clauses I0.2.1.2 and 10.2.i.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor ~s 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 .-~rcfutect or anyone directly or indirectly employed by either of them, or by anyone for whose acts rather of them may be Liable, and not attributable to the fault or negligence of ~he Contractor. The foregoing obligations of the Contractor are in addition Io the Contractor's obligations under Paragraph 3.18, 10.2.8 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevennon of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety o f persons or prope~y, the Contractor shall act. at the Contractor's discretion, to pre- vent threatened 'damage, inlury or loss. Additional compensa- tion or extension of time claimed by the Comractor on account uf an emergency shall be determined as provided in Pm-agraph ~.3 and A~rticle 7. ARqqCLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain, in a company or companies lawfully authorized to do business in the iurisdiction in which the Project is located such insurance as wtll protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operanons under the Contract and tut which the Contractor may be leg:lily liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them ma}' be liable: .I clowns under workers' or workmen's compensation. ciisabdiW benefit and other similar employee benefit acts w,~ch are applicable to the Work to be performed; AIA OOCUMENT A.,~01 * GENEI~.L CONDITIONS OF THE CONTPO. CT FOR CONSTRUCTION · FOURTEENTH EDITION A201-1987 19 .2 claims for damages because of bodily iniury, occupa- uonal sickness or disease, or death of the Contractor's employees; .3 dawns for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees: .4 claims for damages insured by usual personal iniury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or by another person; .$ clawns for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom: .8 clawns for damages because of bodily injury, death of a person or property- 'damage arising out of owner- ship, maintenance or use of a motor vehicle; and .? claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph I 1.1. I shall be whiten for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coventges, whether wntten on an occurrence or claims-made basis, shall be mmfltalned without interrupuon from date of commencement of the Work until date of final payment and termination of any coverage required to be re;un- tamed :ffter tinal payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by thrs Paragraph I l.l shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at le-~t 30 days' prior written notice has been g:ven to the Owner. If any of the foregoing insurance coverages are required to remmn in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accor 'ciance wkh the Contracn)r's informafion and belief. 11.2 OWNER'S LIABILH'Y INSURANC~= 11.2.1 The Owner shall be responsible for purchasing and malntaimng the Owner's usual liability insurance. Optionally. the Owner may purchase and maintain other insurance for self- protection against clmms which may arise from operatkms under the Comract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless othe~,'ise provided, the Owner shall purchase and malmain, in a company or companies lawfully authorized to do business ~n the jurisdiction in which the Proiect is located, property insurance in the am(mm of the initial Con- tract Sum ~ well ms subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles, Such property insurance shall be main- or otherwise agreed in writing by ail persons and entities who are beneficiaries of such insurance, until final payment has been made :ks provided in Prtragraph 9.10 or until no person or ent:ty other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever [s 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-usk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious m~chie£ collapse, false- work. temporary buildings and debris removal incfuding demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Cove=ge for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 [f the Owner does not intend to purchase such prop- erty aqsurance required by the Commct and with ~ of the coverages in the a.mount described above, the Owner shall so inform the Contractor in wrltmg prior to commencement of Ihe Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work. and by appropriate Change Order the cost thereof sh',K[ be charged to the Owner. If Ihe Contrac- Ior is -damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as descnbed above, without so notifying the Contractor, then the Owner shall be-ar all reason- able ct)scs properly attributable thereto. 1 ~.3.1.3 If the property insurance requires m:nmaum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. [f the Owner or insurer increases the required minLmum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with vofuntmT deduc- tible amounts, the Owner shall be responsible for payment of the addfuonal costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents. the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portinns o f the Work stored off the site after wrtnen approval of the Owner at the 11.3.2 Boiler and Machinery Insurance. Thc Owner shall 11.3.3 Loss of Uss insurance. The Owner. at [he Owners 20 A201-1987 11.3,5 Ir. during the Project consmicoon pedod me Owner insures propemes, r~ or pe~o~ or bo~, adjo~g or ad,a- cent to ~e site by pmpe~ ~uv~ce ~der ~flc~ s~mte from ~ose ~u~g ~e Project, or if ~er ~ payment prop- e~ mumce ~ rd be provided on ~e complet~ Proj~ throu~ a poflcy or polici~ o~er thru ~o~ ~u~g ~e ect dung ~e comtmcrion pe~od, ~e Owner 5~ wmve ~ ~m m accor~ce wi~ ~e mm of Subpm~ph 11.i7 for ~ages ~ed by fire or o~er ~ covered by ~ sepmre prope~y msurmce. ~ sepmte po[i~ s~ provide ~ w~ver of subro~tion by endomement or o~e~Be. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy, that includes thsuranee coverages required by this Paragraph l 1.3. Each policy shaft contain all generally applicable conditiom, de£mi- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy ,~,nli not De cancelled or allowed to expire until at least 30 days' prior writ- ten notice has Been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor wmve all rights against (I) each other and any of their subcon- tractors, snb-subcontractors, agents and employees, emch of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6. if any. and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other penis rd the extent covered by property insurance obtained pursuant to this Paragraph I 1.3 or other property msurance applicable to ~e Work. except such rights as they have to proceeds of such insurance held by the Owner as fiduciary The Owner or Contractor. ~ appropriate. shall require of the Architect. Architects consultants, separate contractors desedbed in Article 6. if any. and Se subcontraC- tors. sub-subcontractors, agents and emptoyeea of any or' them. by appropriate agreements, written where leg:flly requu'ed for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- ganon by endorsement or otherwise. A waiver or. subroganon shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insur&~ce premmm directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adiusted by the Owner as fiducXay and made payable to the Owner as fiduciary for the insureds, =a their interests may appear, sobiect to requirements of any applic~le mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally r~quired for validity, shall require Subcontractors to make payments to their Sub-subcontractors tn simlim' manner. 11.3.9 If required in writing by a party in interest, the Owner as fiduciao' shall, upon occurrence of an insured Ioss. give bond for proper performance or' the Owners duties. The cost of required bonds shall be charged agalmt proceeds received as fiduciary. The Owner shall deposit in a separate account pro- reeds so received, which the Owner shall dksmbute in accor- dance with such agreement as the parnes tn interest may re'ach. procedure shall be as provided in paragraph 4.5. If after such aged property shall he covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adiust and setde a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arhitratots 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 dismhution of insurance proceeds by arbitration is required, the arbitrators will direct such dLstribution. 11.3.11 Pardal occupancy or use th accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use By endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11,4 'PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor tO furnish bonds covenng faithful pertbrmance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specificafly required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entxty appearing to he a potentLM beneficiary of bonds covering payment of obliga- tions arising under the Contract. the Contractor shall promptly furnish a copy of the Bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contraO, to the Architect's request or to requirements specifically expressed in the Contract Documents. it must. if required in wrmng by the Architect. Be uncovered for the Architects observation and Be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of thc Work has been covered which the Architect has not specifically requested to obi, eryc pr:or to its being covered, the Mchitect may request to see such Work and it shall be uncovered by the Contractor. [f such Work is in accordance w'ith the Contract Documents. COSTS of'uncover- ing and replacement shall, by appropriate Change Order. be charged to the Owner. If such Work is not in accordance with the Contract Documents. the Contractor shall pay such costs unless the condition was caused by the Owner or a sepasate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or fmling to conform to [he requirements of Substantzai Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcung such rejected Work, including additional testing and inspec- expenses made necessary thereby. 12.2.1l If. within one year a&er the date of Substantial Comple- tion of the Work or designated portion thereof, or after the dqte A201-1987 21 for commencement of watt. ties established under Sub- paragraph 9.9,1, or by terms of an applicable special warr~ty required by the Contract Documents, any of the Work ks found to be not in accordance with the reclua'ements of the Contract Documents, the Contractor shaft correct it promptly after receipt of written notice from the Owner to do so unless the Owner bas previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Compienon and the actual performance of the Work. This obligation under th~s Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall g~ve such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor rinks to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. [f the Contractor does not proceed with correction of such nonconforming Work within a re.on- able tune fixed by written notice from the .Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' wmten notice sell such materials and equipment at auction or at private sale and shall account i'~r the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. [f 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 theres~er due the Contractor are not sufficmnt 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 coustrucdon, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which [s not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this paragraph I2.2 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 pedod of one year a3 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 reqmrements of the Contract Documents, the Owner may do so instead of requinng ~ts removal and cor- rection, in which case the Contract Sum will be reduced a5 appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project ks located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respeepvely bind them- selves, their partners, successors, assigns and legal representa- tives to the other parry hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenmats, agreements and obligations conrsmed in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. [f either party attempts to mare such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Writmn notice shall be deemed to have been duly served if delivered th person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and nghts and remedies avadable thereunder shall be in addition to and not a limitanon of duties, obligations, rights and remedies otherwise imposed or avadable by [aw, 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a wmver of a dght or duty afforded them under the Contract. nor shall such action or failure to act consutute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in wrthng. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests. inspections and approvals of port~ons of the Work required by the Contract Documents or by iaws, ordi- nances, rules, regulations or orders of public authorities having iurksdiction 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 shaft bear all related costs of tests, inspec'rious and approvals. The Contractor shall give the Architect twnely notice of when and where tests and irsspec- unus are to he made so the Architect may observe such proce- dures. The Owner shall hear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the .Architect. Owner or public authorthes having jurisdiction determine that portions ol' the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1. the .Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an enuty acceptable to the Owner. and the Contractor shall give timely notice to the .~rchltect of when and where tests and inspections are to be made so the .Architect may observe such procedures. 22 A201-1987 The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs I3.5.l and 13.5.2 reveal failure of the portions of the Work to comply with requirements established hy the Contract Documents, the Contractor shall bern- all costs made necessary by suCh failure including those of repeated procedures and compensation for the A~chitect's services and expenses. 13.$.4 Required certificates of testing, impection or approval shall, unless otherwtse required by the Contract Documents, be secured by the Contractor and prompdy delivered to the Architect. 13.5.5 if the Architect is to observe tests, inspections or approvals required by the Contract Documents, file Architect will do so promptly and, where practicable, at the normal place of testing. 13.$.8 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment Ls due at such rate ~ the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 ,~s between the Owner and Contractor: .1 Before SutastantlalCompletion. A5 toacmor f~ures to act occurring prior to the relevant date of Substan- tial Completion. any applicable statute of [imitations sh~l commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion: .2 Between Substantial Completion and Final Certifi- cate for Payment. A~ to acts or Pallures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. A~ to acts or failures to act occurring after the relevant date of issu- ance of the t'mai Certificate for Payment, any appli- cable statute of limitations shall commence ro run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or fmlure to act by the Contractor pursuant to any warranty, provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or ob[igauon by the Contractor or Owner, whichever occurs Last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons peffom'ang portions of the Work under contract with the Contractor, for any of following reasons: · 1 issuance of an order of a court or other public author- ity having jurLsdiction; .2 an act of government, suCh as a declaration of nadonal emergency., making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9,4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by due Owner as described in Paxagraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .S the Owner has failed to furnish to the Contractor prompdy, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above res.sons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and constraction equipment and machinery., including rea.sonab[¢ overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 d~ys through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract w~th the Contractor because the Owner has persistently failed to Mlfill the Owner's obligations under the Contract Documents with respect tn 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 ~ provided in Subparagraph 14.1.il. 14.2 TERMINATION BY THE OWNER FOR CAUSE ~ 14.2.1 The Owner may terminate the Contract if the .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper material.s: .2 fails to make payment to Subcontractors for materials ulations or orders of a public authority having juns- .4 otherwise is guilty of substantial breach ora prov~ion Al~ aOClJM,~IT A20t · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~ 1987 THE AMERIC.~.N INSTITUTE OF ARCHITECTS. [ 735 NEW YORK AVENUE, N W.. WASHINGTON, D.C. 20{~;~ A201-1987 23 tify such action, may without prejudice to any other fights or remedies of the Owner and after g/vthg the Contractor and the Contractor's surety, [f any, seven days' written notice, termi- nate employment of the Corumctor and may, subject to any prior tights of the surety: .1 t~e possession of the site and of afl materials, equip- ment, tools, and construction equipment and madain- cry thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5,4; and .3 f'mish the Work by whatever ressonahle method the Owner may deem expedient. 14..2.3 When the Owner term/nates the Contract for one of Uae reasons stated m Subpanlgraph 14.2.1, the Contractor shaft not be entitled to receive further payment undi the Work ts £mlshed. 14..2.4 [f the unpaid balance of the Contract Sum exceeds costs of Finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such. excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the cue may be, shall be certified by the Architect. upon appli- cation, and this obligation for payment shall survive termUaa- 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 5Ltspend, delay or interrupt the Work un whole or in pax for such period of time as the Owner may determ/ne. 14.3,,2 ,Ma adjustment shall be made for increases tn the cost of perfocrnance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall he made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is resportsible; or .2 that an equitable adjustment ~s made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance ma,:- have a mutually agreed fixed or percentage fee. 24 A2.01-1987 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE I through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a . company or companies licensed to do business in the state in which the project is located." 11.1 .,1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federak Statutory Employer's Liability $100,000. STATE STREET BULKHEAD REPLACEMENT H-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 (Held 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 STATE STREET BULKHEAD REPLACEMENT H-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: (OwnedContracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, and forever discharge the said (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (OwnedContracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. ,19 and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement'to be signed by its and its corporate seal to be .; hereto affixed and duly attested by its __ this day of ,19 __ ,- Attest: Principal: STATE STREET BULKHEAD REPLACEMENT K-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for BULKHEAD REPLACEMENT at STATE STREET - Skipper's Lane ORIENT NEW YORK 11957 STATE STREET BULKHEAD REPLACEMENT L-1 gVERT~ME S 1/01/96- 6/30/96 ~age. 8/'30/96 $ 2798 40% 50% 65% SO% CARPENTER WAGES(¢er hour) 8/30/96 '8, 19 ) on 40L;OAY =&GE. CARPENTER SUPPLEMENTAL ]ENEF~TS:(pe? nour ~Oeked) 4-SUF 50% 55% ~O% 6~% 70% -~% 8-1 k~nema~ ........... $ 30.35 S 31.35 $ 32,35 Tecm¢:c'am .......... 30.35 31.35 32.35 *C, 31,'96 101'31/97 2130/98 1/01/98 T/01/98 ~/30/98 12/31/98 30 mos 36 mos 80 mos 8/0~/9~- 08,06/95- 08;0U/96- 08/03/9? 8105/95 08:33188 08/02/93 08/03,/98 8.94 -15 8.06 3.05 9.00 308 tO.04 :0.23 11.21 !~51 13.96 1z.81 42.5% 19.3% o¢ wage 1/0~/96- 6/30/96 Ornamen~ai .......... $ 30.90 Chsin Link Fence ..... 30.90 8-580 ~/30196 WAGES(¢er qour) 8/0t/96 5131197 50% 54% 59% 83% 67% 72% ,6,o 6130/96 50% 6O% 7O% 80% 90% 95% ~3,00 16 O0 18.00 MASON WAGES(per bout) 7/01/94- 7/01/95- 6/'30/95 6/'30/'96 Cement Ma$om ....... $ 27.99 $ 29.35 3VE~T;~E 2A4: See f C, O, V I om OVERTIME ~AGE. 8/30/95 ''01/95- 5/30/96 z/27/93 4/28/93- 197 OVERT:ME cAY: See ( C. O. V ) an OVERTZ~E P&GE a;tac~ea. HOLZDAYS. B-20 4/0 95- STEAMFITTER 0.03 0210W96 /01/97- 7/01/'97~ 1/01/98- 6/30/97 12/31/97 5/30/98 !2/31/96 1/01/97- ?/0:/9? 2% cf 9ross ~age olus 20% o¢ gross wage ¢lus $ ~.O0 Der day paiO olus 20% of gross wage ¢lus $ 0.20 cer moor workec 3/31/96 3/31/97 CLASS 'C" CLASS 'O" Class "0" .............. 24.79 7/01,/96- 5/9~/97 9/30/96 20. -'9 20. ~9 19.30 19.20 16.36 23.96 21.87 20.94 19,55 20.82 CONSTRUCTION 9130/95 9130/96 4-25/3 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 tabor union or representative to agree in wdting, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. ' The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. STATE STREET BULKHEAD REPLACEMENT M-1 e4 The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights, and the Owners representatives / counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the previsions 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, matedal equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. 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 OwnedContracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigatiOh; ' 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). STATE STREET BULKHEAD REPLACEMENT M-2 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 ara complied with. Each and every provision of law and clause raquired 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 mera 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. Thera 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 are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker moms and o~her storage or dressing areas, parking lots, ddnking fountains, recraation or entertainment areas, transportation, and housing facilities provided for employees which ara segregated by explicit directive or are in fact segregated on the basis of race, creed, color; or nationalorigin, 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 prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): STATE STREET BULKHEAD REPLACEMENT N-1 NOTICE TO PROSPI~CTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated Facilities must be submitted pdor 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 dudng employment, without regard to their race, creed, color, or national odgin. Such action shall inctude, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will fumish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this~ contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. STATE STREET BULKHEAD REPLACEMENT N-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such ac'don 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: ~, 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 %12.805.4 Reports and Other Re(~uired Information la) Requirements for prime contractors and subcontractors. (1) Each agency shall require each pdme 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 prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be reduired, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph la) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the 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 wdting to the Director by the agency as soon as practicable after it occurs. STATE STREET BULKHEAD REPLACEMENT N-3 1-12.805.4 Reports and Other Reauired Information (b) Requirements for bidders or prospective contractors. (1) (2) (3) Each agency shall require each bidder or prospective pdme 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 pdor to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satis~ the requirement pdor 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 covedng the deiinquent pehod or such other period specified by the agency or the Director. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, 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 %12.805.4 shall be used only in connection with the administration of the Order, bhe Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act STATE STREET BULKHEAD REPLACEMENT N-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 applicable1 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 [o compute the wages of every mechanic and laborer on the basis of a standard work day of _8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, 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. STATE STREET BULKHEAD REPLACEMENT N-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 t~ comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantur 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 wl~ere 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 whicri 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 facflib/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 Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shall be requirad to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national odgin, sex, and age and Which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or subgrantees and to assure that suspected 0~: reported violations are promptly investigated. .~ STATE STREET BULKHEAD REPLACEMENT N-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractods attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3--e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, 'shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Secdon 220--e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hidng of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national odgin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; · (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under thisI contract on account of race, creed, color or national odgin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract STATE STREET BULKHEAD REPLACEMENT N-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment;, that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor, and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social secudty and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each .of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. ~ You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national odgin. STATE STREET BULKH~D REP~CEMENT N-8 SPECIFICATIONS for BULKHEAD REPLACEMENT PART 1 - GENERAL SPECIFICATIONS 1.01 GENERAL CONDITIONS A. The contractor shall supply all labor, materials, equipment and services necessary or required to complete the work. The contractor shall fully familiarize himself with existing site conditions. The locations of all underground utilities shall be verified prior to commencing work. Damage to existing utilities shall be repaired at the contractors expense. The contractor may store his materials and equipment on the work site but the Town of Southold will not be responsible for damage or theft of same. In the event that anything reasonable, necessary or proper for the complete performance of the work to produce a first class finished job, has not been described in these specifications clearly, through oversight or palpable error, the contractor shall, not withstanding, execute and provide all omitted works and things as if they were severally described, without extra charge and to the satisfaction of the Town's authorized representatives. The contractor shall be responsible for all construction facilities and temporary controls. These items would include all temporary electric, heat, telephone, water and sanitary facilities. Barricades shall be provided around all hazardous areas during construction and shall be maintained and lighted in accordance with all State and Local Code requirements. The contractor may submit substitutions for products specified herein, where such substitutions are allowed. Requests for substitutions shall be submitted with complete data necessary to substantiate compliance with the contract documents. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. No claims for addition.al costs related to substitutions will be allowed. : The contractor is specifically advised that he shall be responsible for on-site safety in regard to his area of work and shall indemnify and hold harmless the Town of Southold and the Architect from any and all claims resulting from on-site accidents or safety conditions. STATE STREET BULKHEAD REPLACEMENT Page 1 The contractor shall be responsible for cleaning ail work related debris generated during this project in a timely fashion. All debris generated at this site shall be deposited by the contractor at the Southold Town Collection Center at NO COST. All dredged spoil shall be inspected by the Town. All spoil deemed unsatisfactory for fill shall be removed from site and deposited by the contractor at the Southold Town Collection Center at NO COST. All dredged material deemed suitable for back fill shall remain on site. 1.02 RELATED DOCUMENTS: General provisions of the Contract, including General conditions and Supplementary Conditions, apply to work in this section. B. Project Site Plan and Typical Bulkhead Section drawing attached. 1.03 DESCRIPTION OF WORK: All new construction shall meet the minimum requirements of the Southold Town Trustees and the New York State Dept. Of Environmental Conservation. The work under this section shall consist of furnishing all labor, material, equipment and appliances necessary or required to perform and complete all work including but not limited to the following: A). B). Excavation of existing Bulkhead and Rip-Rap. 1. All existing bulkheads shall be removed where required to accommodate new construction. All demolition work shall be in such a manner as to limit the amount of damage to the existing pavement. Any unnecessary damage to the existing pavement surface shall be replaced by the contractor at no additional cost. 2. Existing Concrete Rip-Rap shall remain in place. The contractor shall move or relocate the existing Rip-Rap as required to accommodate the new construction. Upon completion, the Rip-Rap is to be replaced such that it protects the end of the Bulkhead and the shoulder of the road from erosion. 3. Existing Guard Rail shall be removed during construction and salvaged for re-installed by the contractor at the completion of the project. Installation of new Bulkhead. 1. Provide new Bulkhead as shown on the site plan. All new construction shall meet or exceed the items indicated on the typical bulkhead section. STATE STREET BULKHEAD REPLACEMENT Page 2 The new bulkhead shall be securely connected to the adjacent bulkhead on the east side of the new construction. Provide 6" x 6" x 4'-0" Long treated wood butt blocks with four (4) - 3/4" diameter galvanized through bolts at each whaler connection. c). Installation of new filter fabric. 1. Provide new Poly "X" Filter Fabric over all new bulkhead sections. Fabric shall be continuous and extend from top of bulkhead to a minimum of two (2') feet below the existing mud line. All splices shall have a minimum overlap of two (2') feet. D). Removal of Debris. 1. All debris and dredge spoil generated from the proposed construction that is deemed to be unsuitable for fill shall be removed by the contractor and deposited at the Southold Town Collection Center. There will be no charge for material deposited at the town facility. E). Back fill. 1. The contractor shall utilize all suitable excavated material for back filling the new bulkhead. The Town of Southold will provide, and deliver to the site, all additional back fill material required to complete the project. 1.04 STANDARDS: All new construction shall comply with the following reference standards: 1. American Society of Civil Engineering Standard Practices. 1.05 CONTRACTOR QUALIFICATIONS: Contractor, upon request, must show evidence of the following qualifications: 1. A minimum of five (5) years continuous experience in bulkhead construction. 1.06 QUALITY ASSURANCE: .,' The contractor shall be responsible for verifying all existing conditions and limitations. The extent of clearing and the amount of required excavati0h shall be verified by the contractor prior to submitting his bid. ~? The contractor shall be responsible for fully investigation the existing site conditions and shall be responsible for verifying all dimensions and quantities. STATE STREET BULKHEAD REPLACEMENT Page 3 1.07 DELIVERY STORAGE AND HANDLING: Delivery, storage and handling of equipment and bulkhead materials shall be in accordance with industry standards. 1.08 JOB CONDITIONS: 1.09 The road end shall be closed to the general public during the course of construction. The contractor shall be responsible for providing all necessary barricades and fencing to ensure public safety. Excavation and stockpiling of backfill material: 1). All stockpiling of excavation material shall be in an approved location immediately adjacent to the construction area. All stockpiles shall be protected with a continuous barrier of silt screen and hay bails to prevent silt from entering tidal waters. 2). The backfilling of the new bulkhead will not be permitted in freezing weather. 3). The contractor shall use all stockpiled fill material to backfill the new construction. All additional fill material required shall be delivered to the site by the Town of Southold. PERMITS: The Town of Southold has obtained construction permits from the New York State Department of Environmental Conservation. END OF SPECIFICATIONS STATE STREET BULKHEAD REPLACEMENT Page 4 'I DEC PERMIT NUMBER 1-4738-00589/00002 FACILITY/PROGRAM NUMBER(S) TYPE OF PERMIT ! New NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATICR PE' T Under the Environmental Conservation Law EXPI~ATION DA-----~E(S) April 30, 2000 Renewal 0 Modification D Permit to Construct 0 Permit to Operate 0 n O 0 n Article 15, Title 5: Protection of Waters Article 15, Title 15: gater Supply Article 15, Title 15: gater Transpprt Article 15, Title 15: Long Island Wells Article 15, Title 27: gild, Scenic and Recreational Rivers 6NYCRR 608: Water quality Certification Article 17, Titles 7, 8: SPOES Article 19: Air Pollution Control Article 23, Title 27: Mined LaN Reclaa~tion Article 24: Freshwater ~etlar~s Article 25: Tidal getla~ Article 27, Title 7; 6NYCRR 360: Solid Waste Management Article 27, Title 9; 6NYCRR 3~: Article 34: Coastal Erosion Article 36: Floor,plain Articles If 3, 17, 19, 27, 37; 6NYORR 380: Radiation Oontro[ Other: PERMIT ISSUED TO TELEPHONE NUMBER Town of SouthoLd (516) 765-1892 ADDRESS OF PERMITTEE Town Hal[, Main Road, Southo[d, NY 11971 CONTACT PERSON FOR PERMITTED ~ORK TELEPHONE NUMBER James McMahon NAME AND ADDRESS OF PROJECT/FACILITY Er~ of SkiFa~ers Lane, (State Street), Orient, NY 11957 LOCATION OF PROJECT/FACILITY COUNTY Suffolk TO~N WATERCOURSE Southald Orient Harbor DESCRIPTION OF AUTHORIZED ACTIVITY NYTM COORDINATES Install 92 Linear feet of limper bulkhead in place of existing I~lk~ead. New b~Lkheed will align with adjacent bulkhead to the east. Drodge 10' off bulkhead to a depth of -4 MLW. Resultant 20 cubic yards shall be used as beckfi[l. Existing n~-fu~tional stormwater ~tfa[L shall be removed. All work shall Ioe done according to survey prepared ~ Town of Southotd revised Jar~ary 13, 1997 and stalq)ecl NYSDEC Approved on April 2, 1997. By acceptance of this permit, the permittee agrees that the ~em(t is c~tingent upon strict compliance with the ECL, all al~Olicab[e regulations, the General Contritions specified ($~ page 2) ard any Special Conditions included as part of this permit. PERMIT ~MINIST~TOR: ~'/~' ~'~ J ADDRESS ~C~__~r' ~/(~V~ BLdg. 40, SUNY, Ro~ 219, Stony Brook, NY 11~0-~56 AUTHORIZED SIGNATURE ~ ) /~) DATE - April 6, 1~7 Page 1 of 4 # Inspections 1. GENERAL CONDITIONS The permitted site or faciliw, inciudicg relevant records, is subject to in- spection at reasonable hours and intervals by an authorized representative of the Departmenc of Environmental Ccnservaticn (the Department) to determine whether the permittee is complying wich chis permit and the ECL, Such represen- tative may order the work suspended pursuant to ECL 7!-0301 and SAPA 401(3). A copy of this permit, including ali referenced maps. drawings and special conditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Permit Changes and Renewals' 2. The Department reserves the right to modify, suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regula- tions is found: b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered: or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. 3. The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must inctude any forms, fees or supplemental information the Department requires. Any renewal, modification or'~ransfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Elimination System (SPDES). Hazardous Waste Management (HWMF). major Air Pollution Control (APO) and Solid Waste Facilities (SWMF); and b) 30 days before expiration of all other permit types. Discharge Facilities Management Unless expressly provided for by the Decartment. issuance of this permit does not modify, supersede or rescind any order or determination perviously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. Other 6. Legal Obligations of Permittee The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of the project described in this permit and has agreed to indemnify and save harmless the State from suits. actions, damages and costs of every name and description resulting from this project. ", This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of o~hers in order to perform the permitted work nor does it authorize the immairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. Tne permic;ee is responsible for obtaining any other permits, aoprovals lands, easements and rights-of-way t~at may be r:~u~,~d for this project. Page 2 of 4 waters or flood ftows or endanger the heaJth, safety or welfare of Office of General Services or local government which ma,/be required 25, 34 and 6 NYCRR Part 608 l TIDAL WETLANDS other environmentally deleterious materials associated with the project An`/ material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving lar§e refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway 14 There shah be no unreasonable interference with navigation b`/the work herein authorized. 15 If upon the expiration or revocation of this permit, the project hereb`/ authoPzed has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of an'/ such removal or alteration 16 If granted under 6 NYCRR Part 608. the NYS Department of Environ- mental Conservation hereby certifies :hat the subiect project will not contravene effluent limitations or other limitations or standards under Sections 301. 302. 303. 306 and 307 of the Clean Water Act of ~977 (PL 95-217) provided that ail of the conditions ~isted herein are met. 17 All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by on SPECIAL CONDITIONS 1. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 2. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity. 3. All fill shall consist of "clean" sand, gravel, or soil (nog asphalt, flyash, broken concrete or demolition debris). 4. Ail peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads etc. shall be completed prior to placement of any fill material behind such structures. 5. There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into any tidal wetland or adjacent area. Supplementary Special Conditions (A) through (F) attached. 1-4738-00589/00002 PROCRAM/FACILITY NUMBER ,~Oa-e 3 of 4 --~'PLEMENTARY SPECIAL CONDI~ The following conditions apply to all Tidal Wetlands; Freshwater Wetlands; Coastal Erosion Management; and Wild, Scenic, and Recreational Rivers Permits: A copy of this permit, including all conditions and approved plans, shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the work site until all authorized work has been completed. The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its general, special, and supplementary special conditions. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address on page one or telephone (516) 444-0365. If project design modifications become necessary after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submission of a new application for permit. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a survey. For projects involving activities to be undertaken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to recommenoing work in subsequent years. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services,'Tower Building, Empire State Plaza, Albany, NY 12242 (516) 474-2195, which may be required for any encroachment upon State-owned lands underwater. DEC Permit No. 1-4738-00589/00002 Page 4 of & JUDITH T. TEP. RY 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) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN TOWN OF SOUTHOLD August 25, 1997 Thomas E. Samuels, President James H. Rainbo, Inc. Bishops Lane Southampton, New York 11968 Dear Tom: I have been advised that the State Street (Skippers Lane) bulkhead replacement has been completed and you have received payment, therefore, I am returning herewith your $25,000 performance bond, Very truly yours, Judith T. Terry $outhold Town Clerk Enclosure DOLLARS RAYMOND L. JACOBS SUPERINTENDENT SOUTHOLD TOWN HIGHWAY DEPARTMENT Fax. (516)-765- 1750 JAMES A. RICHTER~ R.A. ENGINEER TOWN OF SOUTHOLD Tel. (516) - 765 - 3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Mr. Raymond L. Jacobs Superintendent - Southold Town Highway Peconic Lane, P.O. Box 178 Peconic, NewYork 11958 Re: BULKHEAD RECONSTRUCTION State Street (Skippers Lane), Orient, N.Y. AUGUST 5, 1997 RECEIVED AUg 2 5 1997 Soul'hold To'w. Cle~ Dear Ray: As per your request, I have performed a final inspection for the bulkhead replacement project at the end of State Street in Orient. The contractor for this project was James H. Rambe, Inc. The specified work for the above referenced bulkhead reconstruction project was outlined on the plan and in bid documents dated 5/20/97. As of this date, all of this work has been completed in a satisfactory manner. The project site has been left clean and virtually free of debris. At this time, would recommend acceptance of the work. Sincerely, (~,~~ Jaymes A. Richter, R.A. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS NL~ATAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 15, 1997 Thomas E. Samuels, President James H. Rambo, Inc. Bishops Lane Southampton, New York 11968 Dear Tom: I am in receipt of the executed contract and $25,000 performance bond for the State Street (Skippers Lane) bulkhead replacement, therefore, I am returning herewith your $1,250 bid check. Very truly yours, Southold Town Clerk Enclosure PAY TO THE ORDER OF FOR__ m~r.c~ ~',ss 27385 JAMES H. RAMBO, INC. ~ .,,~ 81SHOPS LANE ~ E M E ~ C A I N $ T I T U T E A R C H I T E C T AIA Document AIOI Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSUL TA T/ON WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO [TS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Condition5 of the Contract for Constr~ction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Th~s document has been approved and endorsed by The Associated General Contractors of .~nerica. AGREEMENT made as of the Nineteen Hundred and BETWEEN the Owner: (Name and address) and the Contractor: (Name and acldress) 3rd day of July in the year of Ninety-Seven Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 James H. Rambo, Inc. Bishops Lane Southampton, NY 11968 The Project is: (Name and location) Bulkhead replacement at State Street "Skippers Lane" Orient Harbor, State Street Road End, Orient, NY The Architect is: (Name c~nd acldress? Southold Town Engineering Department The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1967, 1974, 1977, ©1987 bY The ~erican Institute of Archi- :ects, 1735 New Yort( Avenue, N.W., Washington, D.C. 20006. Reproduction of the n!ate~tal herein or subs[antial quotation TH E AM~iIC. AN I~ t 1 t u'TE OF AR(~'~ll'f'liC'~, 1735 i'~7~ yORK AVI~MIJ~, N.W,, WA~SH iNGTON, D.C. 20006 A101.1987 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions). Drawings, Specifications, addenda issued prior to execution of this Agreement. other documents iisted in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, represemations or agreements, either written or oral. An enumerauon of the Contract Documents. other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Document, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is mea6ured, and shaft be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be £rxed in a notice to proceed issued by the Owner. Unless the date of commencement is established by a notice to proceed is.sued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to pemmt the timely filing of mortgages, mechanic's liens and other security intereats. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than sixty {$0) workin9 days after commencement. , subject to adjustments of this Contract Time as provided in the Contract Documents. A101-1987 ARTICLE 4 CONTRACT SUM 4,1 The Owner shall pay the Contractor in current fi~ncis for the Contractor's performance of the Contract the Contract Sum of Twenty-Five Thousand and no/100 ......................................... Dollars ($--25,000.00 ............................ ), subiect to additions and deductions as provided in the Con- tract Documents, 4..2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: 4,3 Unit prices, if any, are as follows: A101-1987 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment to the Contractor not later than the day of the month, if an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 5.4 Each Application tiar Payment shall be based upon the scheddie of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy, as the Architect may require. This schedule, unless obiected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion o f each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents. the amount of each progress payment shall be computed as follows: 5.{}.1. Take that portion of the Contract Sum properly allocable to comp eted Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent %). Pending t'mal determination of cost to the Owner of changes in the Work, amounts not in the dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.{}.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in wnting), less retainage of percent ( %); 5.6.3 Subtract the aggregate of previous payments made hy the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Pasa- graph 9.5 of the General Conditions. 5.? The progress payment amount determined in accor0ance with Paragraph 5.6 shall be Mrthec modified under the following circumstances: 5.?.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to percent ( %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and ~i.?.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.~ Reduction or limitation of retainage, if any, shall be as follows: A101-1987 4 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (l) the Contract has been f~ily performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive Fuaal payment; and (2) a t'mal Cer~ificare for Payment has been issued by the Architect; such Final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision o f tbe General Conditions or another Contrao: Doctiment, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date pal. anent is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) ?.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Ardde 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. A101-1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications Sued after execution of this ^greement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and ContraCtor, AiA Document A 101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, ALtt DOCtLment A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated Document Title Pages 9.1.4 The Specifications are those contained in die Proiect Manual dated as in Subparagraph 9.1.3, and are as follows: Section Title Pages Bulkhead Replacement at State Street, "Skippers Lane" Revised May 20, 1997 A101-1987 9.1.5 The Drawings are as follows, and arc d2,[ed Number Title unless a different date is shown below: Date 9.1.6 Thc addenda, it' an.x, are as follows: Number Date Pages A101-1987 7 9.1 .? Other documents, it' any, forming part of the Contract Documents are as follows: This Agreement is entereri into as of the day and year fLrst written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner, OWNER TOWN OF SOUTHOLD Jean W. Cochran~ Supervisor CONTRACTOR JAMES H. RAMBO, INC. Thomas E. Samuels. President (Printed name and tit~} CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. A101-1987 8 CERTIFICAI INSUF CE ACORD. OF LIABILITY cs. RAMBO-1 06/30[97 PRODUCE~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION See Neefus Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P O Box 23A0 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Rte. 25 & Shade Tree Lane ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Aquebogue NY 11931 COMPANIES AFFORDING COVERAGE Peter J. Sabat COMPANY A American Employers Ins Co Phone No. 516-722-3500 Fa~ NO. INSURED COMPANY B State Insurance Fund COMPANY James H. Rainbo Inc. c Bishops Lane COMPANY Southampton NY 11968 D THiS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE ~OUCY N UMBE~ POUCY ECFECTIVE ~OUCY EXPIRATION UMIT$ LTR DATE (MM/DD]YY) DATE (MM/DD/YY) A X COMMERC~AL GENERAL LIABILITY AJR309620 11/01/96 I 11/01/97 PRODUCTS'COMP/OPAGG $21000,000 j CLAIMS MADE [] OCCUR PERSONAL & ADV ~NJUaY ~ 1,000,000 I WORKBS COblPIEI~$ATION AND i TORY L,MiT~I IO,TRH' B THE PROPRIETOR/~iNCL 8612A67 11/01/96 11/01/97 ~LO~SEAS£-POLICYLIMIT ~500,000 Added as additiona! insured.' ~ } 177' Town of Southold 53095 Main Road P.O. Sox 1179 Southold ~ NY 11971 Judith P. Terry Southold NY 11971 o~/~Y ~D U,ON TH£ COM~NY. ~TS AeENTS OR RE~SENT^T~WS. JUDITH T. TERRY 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) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 7, 1997 Thomas E. Samuels, President James H. Rambo, In~c. Bishops Lane Southampton, New York 11968 Dear Tom: In accordance with your telephone conversation of this date, I am enclosing herewith the contract for the State Street (Skippers Lane) bulkhead replacement. Please sign both copies and return the copy marked "Town" to me, along with the $25,000 performance bond. Once I am in receipt of the bond and our copy of the contract I will return your $1,250 bid check. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures H E' A ,'4 E R I C 3. N~ T I T U T E 0 ARCHIT ECTS AIA Document AI O I Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS [MPORTA~VT LEGAL CONSEQUENCES; CONSUL TAT ION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. 7~oe !987 Edition Of AIA Document A201, General Conditions of ttm Contract for Constructton. is adopted tn ;~)ts document Oy reference. Do nor ~se with other general conditions unless this document is modified. Th~s document ~ been approved and enciotsed by The .~sooated General Contracto~ of .~nerica. AGREEMENT made as of the Nineteen Hundred and BE'ONEEN the Owner: and r. he Contractor: ('Name and aazlre~) 3rd dav of July in the year of Ninety-Seven Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 James H. Rambo, Inc. Bishops Lane Southampton, NY 11968 The Project is: Bulkhead replacement at State Street "Skippers Lane" Orient Harbor, State Street Road End, Orient, NY The Architect is: Southold Town Engineering Department The Qwner and Contractor agree as set forth below. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist o f thts Agreement, Conditions of the Contract (Gener~l, Supplementary and other Conditions). Drawings, Specifications, addenda issued prior to executioo of this Agreement, other documents listed in this Agreement and. Modifications issued after execution oi[his Agreement: these form the Contract, and are as fi~lly a parr o f the Commct as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the par~ies hereto and supersedes pnor negotiations, representations or agreements, either written or oral. An enumeration of [he Contract Documents. other than Modifications, appears in ArticAe 9, ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Worl~ des~'tbed in the Contract Documents, ~.-xcept to the extent specifically indicated m the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from w~ich [he Contract Time of Pamgr~h 3.2 is measured, and st'~all be the date of [h~ Agreeme~qt, a~ first wxatten above, unless a diffe,-~n t date is stated beiow or provis,~n is made for the date to be (Lxed in a nouce to proceed t.ssued by the Owner. Unless the date of commencement ~ establisAed by a notice to proceed ~ by the Owner, the Contra~or shall notify the Owner in writing not less than five days before commencing the Wo~ to permit the ~tinely filing o{ mortgages, mecA'mmc's'llens and other sectmty interests. :~.2 The Contractor shaft achieve Su~semdal Completion of [he enure Wo~ not ~er than sixty (60) workincJ days after commencement. , subject to adjustments of this Contract Time as provided in the Contract Documents. A101-1987 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay dae Conrx~ctor i~ current ~unds for the Cont~cto~'s ~ffo~c~ of the Contact ~¢ Contain S~ o~ Twenty-Five Thousand and no/100 ......................................... ~ (5--25. 000.00 ............................ ), subie~ co 2d~tio~ m~ ~uctio~ ~ provided ~ ~e Con- tract Doc~cn~. 4.2 The Contact S~ ~ ~ u~n the following ~te~t~, ~f my, which ~e d~cnbed m ~e Contact ~ md ~e hereby acc~ted by ~e O~er: 4.3 Unit pric~, if any, are as follows: ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the .~'chitect. the Owner shall m~e progress payments on account of the Contract Sum to the Contractor as provided Below and 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as 5.3 Provided an Appiimtion for pa.':~xnent b received by the Architect not later than the day ora month, the Owner shall matte payment to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect a~er the application dare:fixed above, payment shall be made by the Owner not [acer than days alter the M'chitect receives the Application for Payment. 5.4. Each Application for Payment shall Be b~ed upon the schedule o f values submitted by the Comractor in accordance ,atith the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such (orm and supported By such clam to suhscantiate its accu rae,.' as the Architect may require. Thks schedule. tmless objected to by the Architect. shall Be used as a basis for reviewing the Contractor's Applications for Payment. 5.$ Applications for Payment shall indic=re tbe percentage of completion o f each portion o~: the Work as of the end of the period coverec~ Dy trie Application for Payment. 5.Iii Sub{ecl to the provistons of the Contract Documents. the amount of each progre~ payment shaft be computed as follows: 5.6.1. Take that portion o f the Contract Sum properly allocal:)le to completed Work as determined by muitiplythg the percentage completion of each portion of the Work by the share o f the total Contract Sum allocated ~o that pomon of the Work in the schedule of values, tess retainage of percent %). Pending final determination of cost to the Owner o ~ changes in the ',xb~. anaounts not m the d~pute may be included as provicied in Subparagraph -',3.7 of the Gene.al Conctitiom even though the Contract Sum ~ not yet been adiusted By Change Order; 5,5.9 Add that portion of the Contract Sum properly allocable to materials and equipment delivered an~ suitably stored at the site for subsequent incorporanon m the completed coustmcuon (or. if approved in advance by the Owner. suitably stored off the site at a location agreed upon m wntingi, less retamage of percent ( %); 5.5.3 Subtract the aggregate of previous payments made by the Owner; and 5.5.4. Subtract amounts, if any, for which the Architect has wimheid or nuilhqed a Certificate for Payment as provided in Para. graph 9.5 of the General Condition~. $.7' The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following Circumstances: $.?.1 Add. upon Substantial ComptenOn of the ,:eom, a yam sufficient to tncre~e the total payments to percent ( %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Won md unsettled claims; and 5.?.9 AOd, if final complenon of the Work is there:fixer materially <teiaved through no fault o~ the Contractor, any additional amounts payable in accordance with Suhparagraph 9.10.3 of the General Condinon$. 5.8 Reducnon or limitation of retamage, ff any, shall Be as foflows; A101-1987 4 ARTICLE 6 FINAL PAYMENT Final payment, constituting the endre unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been flatly performed by the Contractor except for the Contmcror's respOnsibdity to correct nonconforming Work as provided in Subparagraph t2.2.2 of the Gene~ Conditions and co sausfy other requirements, if any. which neces,sard, y survive f'unal payment; and (2) a final Certificate for Payment h~ been ~ued by the Architect; such f'mal payment shall be made by the Owner not more than 30 days arm', the issuance of the .~-chitect's ¢mal Ceruficate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Wl~ere reference is ,made in this Agr~ment to a provksion of the General Condiraons or another Contract Document, the ref- erence refet's to that provision as amended or supplemented by other provisions of the Contract Doctwnents. 7,2 Payments due and unpaid under the Contract sh~ he'.ir interest from the date payment is duc at the rate stated, below, or in the absence merenf, at x~e leg:ti rote prevailing from :wne to ume at the place whet'e the Proiec: ~ ~ocated. 7.:I Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 ,.-h, e Cont~=c~ rrm',- ~e tern-m'm~ by the Owner or ',he Conrx-actor as pro-,qdc~, m. Article I~ of the G~q~-'.~ Conmucr. s. R.2 Th, e Work rrmy be suspel~l~[ by ~c ~ ~ ~ ~ ~ 14 Of ~c ~ ~0~. A101-1987' ARTICLE g ENUMERATION OF CONTRACT DOCUMENTS 9.1 T~e Contr'ac~ Documents, cxcep[ ~or Modificarions ~ued after execution Of th~s Agreemen[, are enume,mted as follows: 9.1.1 The Agreement ~s this executed Stand~d Form of Agreemen[ Between Owner and Conu~ctor, ..x.~. Dooa'nent A l 0 t, 1987 Edition. 9.1.2 The Genera~ Con~tions are the General Conditions of the Contract for Construction, AiA Document A.201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained ~n the Project ~,tanual dated Document Tide Pages 9.1.4 The Spec~ficauons axe those conmqen ~n the Prolect Manual dated as in Subpamg~'~ph 9.1.3. and are ~s ~ollows: Section Tide l~lg~ Bulkhead Replacement at State Street, "Skippers Lane" Revised May 20, 1997 A101-1987 6 ].~ ,~ Thc Dr~win~ sr¢ ~s ~ollows. ~nd ~rc d~cd Nut. bet Title un ess ~ diffetem da~¢ is shown Date Nu_qaber Date Pages z~so cnume:~--q in mi~ Art:cle 9. A101-1987 7 9.1.7 Other document% if my, forming p~'t of the Contmc~ Documents ~rc ~s follows: This Agx~ment ia entered into as of the day and year first wnnen above and is executecl in at least three ongmat copie~ of wt~ie.h one ia to be delivered to the Contractor, one to the.-Xtch~tect for tLSe in the aciministra~on of the Contract, and the remainder to the Ovmer. OWNER TOWN OF SOUTHOLD Jean W. Cochran, Supervisor CONTRACTOR JAMES H. RAMBO, INC. ($igr~aure) Thomas E. Samuels, President (l~ra~ non~ argl title) CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. A101-1987 8 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 SouthoId, New York 11971 Fax (516) 765-1823 T~lephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 27, 1997 Thomas E. Samuels James H. Rambo Inc. Bishop's Lane Southampton, New York 11968 Dear Mr. Samuels: The Southold Town Board, at a regular meeting held on June 24, 1997, accepted your bid in the amount of $25,000 for the construction of the Bulkhead Replacement at the road end of State Street (Skipper's Lane), Orient, N.Y., all in accordance with the bid specifications. The Town Attorney is in the process of preparing the contract for the project. In the meantime, I am enclosing the requirements for Insurance, Performance Bond and Payment Bond. Once you have gathered those documents, please forward them to me and we have the Supervisor execute the contract and send same to you. Thank you. Judith T. Terry Southold Town Clerk Enclosures ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 1Q.1 SA~-r.4 f PRECAUTIONS AND PROGRAMS 10.1.1 The Conu'=ctor sh~.U be responsible for LmtmPn$, rotan- mining and superwsmg ~J] s=Zery pree~urions 'md programs in connection with the performance of the Comract. 10.1..2 In the event the Contractor encountem on the site mare~J reasonably believed to be asbestos or goly~io~a~ed bighenyl (PCB) which h~ not b~ r~dercd h~[~, ~ ~=c[ the m~ten~ ~ ~b~tos or goJy~o~ted bipbenyi (PCB} nbted biphenyI (PCB), or wh~ [[ ~ b~n r¢nder~ 10.1.3 The Contractor shml not be required pursuant ~o polychk)rlnated biphenyi (PCB). 10.1.¢ To the .~llest e.x-tent pea-matted by taw, me Owner indemnify and hold harmless :he Contractor..~c~ltecL .~cht- ~e:: s consuit~ md agen~ md =mploye~ of my ,J( Oom ~d ag~nst c~s, ~ag~. '.osses ~ :xpem~, maten~ ~ ~b~tos or oolvcnior/nated btohenv[ :PCB ~d d~cnbea ~ thru Su~pa~gmph 10.1 10.2 SAFETY OF PERSONS AND PROP~ITY 10.2.1 The Contractor shall ~ake te'asonabte precaunurm (or 10.2.2 The Contractor shalJ g~ve notic~ md comply with applicable Laws, ordinances, rules, regulations md Lawtk[ orders of public authorities bern'mt on sa~eqt of persons or proper~y or the'.r protecnon from damage, iniury or loss. 10.2.3 The Contractor shall ere~ and mamtmn, as required by e.'o.stmg conditions and performance of the Contract, re-ason- able safegtiards for saferg and protection, including pos~qg danger signs and other mfs agmnst hazard~, promulgating safew regulations and not' .flying owners and 'asers of adjacent sites and utJ~ties. 10.2.~, When use or storage of e:cplosives or other i'mzardous mater-mis or equipment or unusual methods are necessary, for exec~uon of r~e Work. the Contractor shall exerCme utmost care and (=.,'ry on such activities under sube.,"vksion of properly qualified pe:'sonneL 10.2.5 The Contractor shall promptly rcmeCy cremate and loss (other than damage or {oss insured under property insurance requ~'ed by the Contract Documcnm} to property referred to CLauses 10.2.1.2 and [0.2.1.3 mused in whole or m pa.,'~ by the Contractor, a Subcontractor, a Sub-subcontr'.ctor. or anyone directly or indireo'Jy employed by any of th~n, or by anyone tbr whose acts they may be LLable and for whic.~ the Contractor is responsible under C~uses t0.2.[.2 and t0.2.1.3, exc:pt damage or loss atthbutable to :cts or omissions of the Owner or Arcmtect or anyone direc'.ly or ;.ndirer'.ly employed ~y either or' them. or by anyone for whose acts earner o f them may ~e ~Jadie. and not atmbumble to the fauit or negligence of the Contractor. The foregoing ooiiganons of :he C0ntmcror art ,:edition ~o the Cont=c~or's ot~iigauons uncer ?acagraph 3 10.2.8 The Contractor shall designate a ~he Contractor's organization at ~e site whose prevention o( accidents. Thru person shall supenntendent unless othe:'wkse designareci 3y the Cont<ctor in -gntmg to the Owner :md 10.2.7 The Contractor shall not load or construction or site to be ',oaoed :so as ~o enc. m".ger ils sa~e:7. 10.3 EMERGENCIES 10.3. ![n m emergenc), affecting safety of persons or prope:'W, me Contmc'~or shall ac:. at the Contractors ~c=etiotl, to pre- vent ;hreatened ',dm-nape. irilUt-¥ or loss. Adaitiorlal compensa- tion or extension of tL,'ne claimed by the Cont=c~or on account u( m emergency shall be determined as provined in ?aragraph ~.3 and Article 7. AR'HCLE 11 " INSURANCE AND BONDS 11.1 CONTP, ACTOR'S IJ, ABILITY INSURANCE :- 11.1.1 The Contractor shall purchase from ane, mamtmn in a company or companies lawfi~fly suthoazed to do business :n the ~ur',sd. ic:ion irt which the ?roiect ~$ located SUCh insurance as w~l ~rotect ~he Contrac'.or from dawns se% ~urtn 8etow %~-hicfl may :rose out of or cesult ~rom the Contrac:ur s Ope,~tlOlq5 und. er the Concmct and for wi~ch the Contmctur ,-nay be leggy A201-1987 19 .~ drams for dm'n~$cs bc'c~us¢ o~ bodily injury, tion~ sic~ o~ d~e, o~ d~h o(~e Con~c[of s emgioye~; or ~e, or d~th o[my p¢~on oth~ mm ~h¢ Con- .4 cla~s for ~ ~ed by ~u~ pe~on~ iniu~ ~ a r~lt of ~ offe~e ~rec:ly or indkecfly re~[ed ~o empioyment of fuel pe~n by tn~ Con~ctor, or by ~o~er pemon; .5 chis for ~ag~. other {h~ [o ~¢ Work b¢~¢ of ~iuW {o or d~t~ction of ~bl~ pmp- ¢r~, mclu~n~ [oss of ~e r~ulunE ~¢r~f~m: .i ~ for ~ b~c of bo~y ~iu~. d~ of a p¢~n or pto~ ~ag¢ ~mg oui of .7 cimms ~volving contmc~ [~b~Iky ~u~c~ cable ~ th~ Cont~c:or's obli~tions un,er P~ph wmt~n for not !¢~s ~ ~ of ~abtlky specked ~ ~¢ Con- 11.1.a Cem~ca~m of i~u~c: =cc:pmole m ~e Owner msumc: udi~s sprightly required by me Conrac: required by mas Pmmgraph II.3 to be covered, whichever tv, flier. Thas insurance sh~ inciude ,.nteresa of the Owner, the WorK. 11.'~.1.1 Property irmurance shall be on an ~ll-nsk policy form and ~hall insure agmrtst the perils of f~re and e=ended cover'age md. physical loss or dg, nl~ge including, withoui ctuplication of coverage, theft, vat, de, ll,m. malic~ou.s mmcmef, collapse, false- work. rempor'm-y building~ and de~ri.s removal including demdiition occ=ioned by mforcemen[ or. :my applicable Ieg=l Architecl's serv~c~ md expense~ required ~ a result of such insured, toss. Coverage for other peril~ sh~ not be reqmred 11,:'t.1.2 if the Owner dom not in[end m purch~e such prop- e,'ry, insurance required by the Contract :md with all of the Work. The Contractor may then effec~ '-rmumnce whicia will subcontracror~ in the Work, and by appropriate Change Order ibc cost thereof shall be clnarged ~o the Owner. ti: the Contmc- mr is "0.arnaged by me ~mium or neglect of the Owner :o pur- 11.~.I.'I If hies and such ~educobies such deductibles. If the Owner or insurer mcr~..~e~ me required mmunum decuc~ible~ above me amount~ so idenntled or if me tible :a-noun~, me Owner Selmil be t~por'mible for payment or' ¥olun~a9, deductibles. ~' ~eductible~ are dot idenm/ied ,in the bemuse of deducubles. 11.a.2 ~oil~t amd Mac:hinet~ Insurance. Th~.-Owner sh'.,til required by me Contrac: Doc-m'nents or by law. which shall specifically cover such ir~ured ohiec'~ Cluong m.~allation :md 11.;3.:] Loss hi Use Insurance. The Owner. ac me Owner's O taler. 20 A201-1987 11.3.5 [f during the Proiect construcuon period the Owner insures propemes, re=l or persorml or both, adjoining or ce.q[ :o the site by property m. Surance under policies reparate ~rom ~ore insunng the Proicct, or it' ~'~er Final payment prop- er~' Lnsurance i~ co be provided on the comple:ed. Project through a policy or polici~ other thun thos~ insuring Lhe Proj- ect during the constmcuon period, the Owner sh,~l ~ve rights un accordmlce with the re.mas of Subp:Lmgmph 11.3.7 for d=~rnages c=ured by fire or other p~r~5 covered by r.~u5 repertoire propett7 insurance..-~1] rep2rure poli~ sl-~Jl provide w:uver of subrogation by ~ridors~n~nt or 11.3.6 Before an exposure to loss may ocoar, thc Owner shali file with the Contractor a coDY of each policy ii'mt indudm insurance coverages reqmred by this ~amBr~ph 11.3. Each policy snaJJ, contain ail generally applicable condiUons, defini- tions, e. xclusions ~'ld endorsements re,ted to ~ Project. ~ policy shaii contain ~ provision that the policy will not be cancelled or allowed ~o expire until at [e=s~ 50 clays' prior wnt- ten rlouc~ b.~ ben, ri given ~o the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor w:ztve ~ rights ag:unst (I) each other and any of thc= subcon- tractors, sub-subcontractors, agents md employe-~, each of',he other, and (2) the ,~c_,~ucect, :~chitec:'s consultants, relYamte contractors described in .-~tic!e 6, ~f any, and any of ruer sub- contractors, sul>subcontmctors, agents and employees, for damages caused by iire or other penis to the extent covered by property insurance obtmned pursumt to thzs Par'4,,v, ph[ 1.3 or omer property, insurance appliC=Dle to the Wor~, e×cept such tights aa they have :o proc~d~ of such insurance he!d by the Owner as fiduciary. The Owner or Contrac=or. = appropriate. shaft ceqmre bi' the .~-chitect. Architec='s consultm2ts, re~te commcrors described in .m~cfe 6. ir any. and the subcontrac- tors, sub-subcontractors, agents and employees of any of them. by appropriate agr~ments, whiten where leg,.~y required. (or validity, swndar waive.,'~ each in ~vor of other pm'tam mum- :tared hereto.. The polic,2e~ ~hafl provide such waivers of sub ro- g~.uon by enaorsement or othe.--wtse. A waiver of $~hrogauon sh:fll be effectwe ~ ~o a person or entity even though that per- son or :nuty would otherwise have a dui7 of thdemni~cation. conwacruai or othet'wise, did not pay the insur'&lce premium direchy or indirec:ly, md whether or not the pe:~on or entity baa an tnsur'abie ~nterest in the property dm-naged. 11.3.8 A loss Ln.sured under Owner's property insurance sh=lI be adjusted by the Owner as fiduc,_nry, and made payaJbie co me Owner as fiduc:m'Y for the insured.s, as their interests may' appem-, subiem to repu~rements of any applicable mortgagee clause and of Subpamg-mph I 1.3.10. The Contr"actor stroll pay Subcontractors thmr just share~ of insurance proc~ received by the Comractor, and by appropriate agreements, written where !egally reqmred for validity, shall require Subcontractors ~o make payments to thmr Sub-subcontmctor~ in similar manner. 11.,t.9 if requlrec[ in wnung by a par~' in interest, the Owner ~ ~duc:m-y shall, upon ocearrence of m imured loss. gwe bong ,"or ~roper performance o~ the Owner's duue~. 7he cos~ of required bond.s sh:ul be charged agmnst proceeds received as fiducmrv. The Owner shall deDOSlt in a 5epm":ite account pro- procedure shall be as provided in Pm'-agraph -~.5. I~ ,~er such aged. praperty si'mil be covered hy appropnar, e G'mngc Oreer. 11.5.10 Uqc Owner as fiduciary shall have power to atilt and retfle a loss with insurers uniess one of the par~ies in incer~ shrdl objec: in writing within ~ive days a~er occarrence of loss to the Owner's exerc~re of this power: ff such objecuan be made. arbit~cors Silali be chosel'l .':ks provided in P~ph 4.5. The Owner as fiaucmry shall, in that c~e, make retdement with insurers in accordance with direc'dom of such arhiw.~,,tors. ~ disrribu~on of insurance proceeds by arbltranon is reqmred, the ar~iwarors will direct such distribution. 11.3.11 Pmmal occupancy or ~e in accordance with Par'agr:tph 9.9 shaft not commence until the insurance company or corn- pomes prov~cLing properq,', insurance have consented to such p:z~ml occupancy or use by endors~-nent or other~e. The Owner and the Contmc=or shall take re:tsonable steps co obm.m consent of the il~urance company or companies md shall. without mutual written consent, rake no action with respect to partial occupancy or t~e that would muse cmceflation. D. pre or reduction of insur'ance. 11.4 PERFORMANOE BOND AND P.~YMENT BOND 11.4.1 Tile Owner shall have the fight to require the Contrac- tor to bamish bonds covering ~thfi~l performance o~ :he Con- tract and payment of obligauons arising thereunder as supu- fated in biddirlg repU.L~'ements or spec,2ic~y ,,'equlre2 :n the Contracr Doc-m-nents on the date o~ exec,~ation o~ :he Contm~. 11.4.2 Upon the request of any pemon or ennrs' appm'.rmg ~o be a potentml bene.qcmry of bonds covemqg payment of obLiga- t~on.s ~ming unoer the Contract. the Contractor sha[i promptly mmmh a copy of me bonds or shaJJ pe,.~mt a cody ~o be marie. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCDVE~ING OF WORK 12.1.1 [fa pomon of the Work L~ cover=d contr'.w..- :o :he 12.1.2 if .~ poroon of the Wor~ h=.s been ct)vered ,-vhich thc being covered, the :~'chirect may request ~o see such 'Work :md x shall be uncovered by the Contmc:or. [f such ~'ork i~ tn trig md replacement shall, by appropmte C."mnge Ortier. be charged ~o me Owner. [f such Work ~s not in accordance with 12.2 CORRECTION OF WORK 12.2.1 The Contractor shell promptly correct 'work :cee=ed such re~e,~ed Work. mc!uding additional ~esnng and .nspec- 12.2.2 if. ~,qt.~m one y~--~r a&ez the d~e or'$uo~tantmi C,~mpte- A201-198T 21 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 deteted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shatf 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 ail major divisions of coverage and be on a comprehensive basis including: (1) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non--owned, and hired motor vehicles. Broad form coverage for property damage. 11.1.2 ADO: ... The Contractor shall furnish insurance with the following minimum limits: · 1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. STATE STREET BULKHEAD REPLACEMENT H-1 .2 .3 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): 8odily 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 pedod 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 pedod. 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 Liabilib/(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 STATE STREET BULKHEAD REPLACEMENT H-2 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) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 27, 1997 John A. Costello, President Costello Marine Contracting Corp. 423 5th Street, P.O. Box 2124 Greenport, New York 11944 Dear Mr. Costello: The Southold Town Board, at a regular meeting held on June 24, 1997, accepted the bid of James H. Rambo Inc., in the amount of $25,000.00, for the construction of the Bulkhead Replacement at the end of State Street (Skipper's Lane), Orient, New York. Thank you for submitting your bid on this project. Returned herewith is your 5% Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure COLONIAL SURETY COMPANY Harrisburg, Pennsylvania BID BOND Approved by The American Institute of Architect~ A.I.A. Document No. A-310(Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Costello Marine Contracting Corp., Greenport, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and f'n-mly bound unto Town of Southold, Southold, NY as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid ............................ for the payment of which sm well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, f'umly by these presents. WHEREAS, the Principal has submitted a bid for Bulkhead Replacement - State St., Orient, New York 11957 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the mount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parff 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 3rd day of June 1997. Jaf (Wimess) cqueline Moraltes (Seal) (Title) COLONIAL SURETY COMPANY · Sherryan~ DePirro (Attorney-in-Fact) (Seal) Form C200-119 (Rev. 4/88) OFZER O~ S,.~RETY To bu completed by Eacrt Bidder) above proposal is accepted and the und¢.mi0ned is awarded the Contract the undersigned offers as sure.h/for faithful performance, bond and/or bonds · ,bor and matcrial mcn, the roi!owing surety: SURE'FY COMPANY C~ELLO MARINE CONTRACTING CORP. y (Bidder) p,~-~""~, .~~ CERTIFICATE OF SURETY to be signed ~y a du~y ~utnor!zed official, agent or attorney of the Surety Company. the evenL lha[ lhe ai.,uvu P~up(~al i~ accepted and the contract for the work ls awarde~ to said Costello Marine Contracting . [be Colonial Surety Qo~oanv (Ridd~r~.~ Nmme) Corp. (Surety Company) will execute the Surety Bonds as herein before provided. Date: June IMPORTANT: ./ AuthOrized Official, Agent or Attorney Sherryanne DePirro Attorney-in-Fact 1997 THIS PAGE MUST @E FILLED OUT WHEN CERTIFIED CHECK IS SUBMi'I-r, ED IN LIEU OF BID BOND, OR DIE) MAY BE REJECTED. STATE STREET BULKHEAD REPLACEMENT G-1 L;ULUNIAL bURr:: ~, L;UMPAN. Harrisburg, Pennsylvania Administra~Dffice: 50 Chestnut Ridge Road, Montvale, New a 07645 State of New Jersey County of Bergen On this ~rd day of June ~ in the year 1997, before me Jacqueline Moraites, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the person who executed the within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company therein named and acknowledged to me that the corporation executed it. Jacqueline M~ai~ A No~r~ Pnl~c ~' New Jersey  °ta~blic in and for the County of Bergen State of New Jersey COLONIAL SURETY COMPANY Harrisburg, Pennsylvania - Inc. 1930 - FINANCIAL STATEMENT--DECEMBER 31, 1996 ASSETS *Stocks and Bonds .................... $ 2,868,027 Cash in Office & Banks .................. 1,001,933 Accrued Interest & Dividends ............. 41.007 Premiums & Agents Balances Receivable .... 489,392 Other Assets ......................... 1,551,692 Total Admitted Assets .............. 5,752,051 LIABILITIES & SURPLUS Reserve for Unearned Premiums .............. $ 803,530 Claim Reserves .......................... 773,000 Other Reserves .......................... 49,513 Collateral Held ........................... 1.386,858 Capital Stock ............................ 1,000,000 Surplus ................................ 1,739,150 Total Liabilities & Surplus ............... 5,752,051 STATE OF NEW JERSEY COUNTY OF BERGEN SS.: I, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31,1996. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 31st day of January, 1997. Jacqueline Berthelsen A Notary Public of New Jersey Wayne Nunziata President JUDITH T. TERRY 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) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 27, 1997 Chesterfield Associates Inc. P.O. Box 1229, 56 South Country Road Westhampton Beach, New York 11978 Gentlemen; The Southold Town Board, at a regular meeting held on June 24, 1997, accepted the bid of James H. Rainbo Inc., in the amount of $25,000.00, for the construction of the Bulkhead Replacement at the end of State Street (Skipper's Lane), Orient, New York. Thank you for submitting your bid on this proiect. Returned herewith is your $2,250.00 Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure AMWEST SURETY INSURANCE COMPANY BID BOND BOND NO.:665284 KNOW ALL MEN BY THESE PRESENTS, that we CHESTERFIELD ASSOCIATES, INC. 56 SOUTH C, OUNTRY ROAD WESTHAMPTON BEACH, NEW YORK 11978, as Principal, hereinafter called the Principal and AMWEST SURETY INSURANCE COMPANY 140 BROADWAY - 21st FLOOR NEW YORK, NEW YORK 10005, a cerporation duly or~ani?ed under the laws of the State of California as Surety. hereinafter called the Surety, are held and finuly bound unto TOWN BOARD OF SOUTHOLD SOUTHOLD TOWN HALL, MAIN ROA SOUTHOLD, NEW YORK 11971, as Oblig~e, hcreina~er called thc Obligee, in the sum of TWO THOUSAND TWO HUNDRED FIFTY AND XX/100 Dollars ($2,250.00) for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WItEREAS, the principal has submitted a bid for STATE STREET, ORIENT HARBOR, ORIENT, NY, BULKHEAD REPLACEMENT, CONSTRUCT NEW BULKHEAD, REMOVE OLD BULKHEAD, 81 L.F. NOW TIt/~REFORE, if the Obligce shall accept the bid of the Principal and the Principal shall enter into a Contract with thc Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payurcnt 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 th-' 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 be 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 llth day of JUNE, 1997. ' (wit~)- -' ' - CHESTERFIELD ASSOCIATES, INC. (Principal) AMWEST SURETY INSURANCE COMPANY By: (Sure~~ SURETY ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NASSAU SS: On this 11th day of JUNE in the year 1997, before me personally came RICHARD GUARINI to me known, who being by me duly sworn, did depose and say that he resides in AMITYVILLE, NEW YORK; that he is the attorney-in-fact of AMWEST SURETY INSURANCE COMPANY the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seat; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC STAMP IRENE M. KOWALSKI · #(RaryPublic, State of NewYod~ No. 49572:22 Qualified in Nassau Coun~ ~ Commission Expires Oct. 10. 19..,~/ / INDIVIDUAL --~-RIN ClPAL STATE OF COUNTY OF NOTARY PUBLIC SS: On this __ day of , 19 foregoing instrument and duly acknowledged to me that , before me, the undersigned personally came and appeared to me personally known and known to me to be the individual described in and who executed the executed the same. NOTARY PUBUC STAMP CORPORATION - PRINCIPAL STATE OF COUNTY OF SS: NOTARY PUBLIC Onthis /c:)~ dayof ~-J~-'~,~.- , 19¢? , before me came to me known, wh.~o being by,me duly sworn, d~d depose and say that he resides at that he is F'~-.~ ~ d;~,4~ of the corporation deacdbed in and which executed the foregoing instrument as principal; that he knows the seal of said corporation; that the seal affixed to said instrument is such corpruate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. NOTARY PUBLIC STAMP NOTARY PUBLIC PARTNERSHIP - PRINCIPAL STATE OF ,{ SS: COUNTY OF On this __ day of , 19 , before me personally came to me personally known, and known to me to be a member of the firm of and he duly acknowledged to me that he executed the same for the uses and purposes therein mentioned. NOTARY PUBLIC STAMP NOTARY PUBLIC 4MWEST SURETY lt~$UR4tlCE COmPlY S'I'A'r'E OF COUNTY OF 117.~18,SG8 Fufld~ h~l m i~,vM o(~ TOTAl. ~ Surplus C309,7'J3) /tGIlut Cifl,3Ol 11-06-98 .o , MB R 0000665284 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo (~) of Amwest Surety Insurance Company (the "Company") on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person This POA is governed by the laws of the State of California and is only valid until the expiration data. The Company shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bend shou[d call your local Amwest branch office at _q~ 34.~7:0 KNOW ALL BY THESE PRESENT, that Amwest Surety insurance Company, a Nebraska corporation (the ~Compeny"), docs hereby make, constitute and appoin, t: GARY MORRISSEY RICHARD GUARINI JEAN C. SPEIRS IRENE M. KOWALSKI AS EMPLOYEES OF JOHN TREIBER AGENCY, INC. its true and lawful Attumey-in-facL with limited power and authority for and on behalf of the and to bind the company thereby. This appothunent is made under and b and that the relevant 665284 Bond No.. authority of the Company to bonds, under,akin RESOLVED FURTHER (i) when signed b~ (ii) when signed by the Pn~ideat or an, (iii) when duly by the po~er of attome RESOLVED FURTHER. that the s: thereof authorizing of which the versonis) ac~cl, executed thc insmuaenL ..... ~o~ ~NS~./~,o,,,' WITNESS, ~a ~a ottlclm ~. h~d ~d offici~ ~. -"' ~ .................... :'~ ~ O...." oPO~ '"..'~.% %~ 1995 %~ '... ~ ~.,. JUDITH T. TEP~tY 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) 765~1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 24, 1997: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of James H. Rainbo, Inc., in the amount of 525,000.00, to furnish all labor, materials and equipment as required for the construction of the Bulkhead Replacement at the road end of State Street (Skipper's Lane), Orient, New York, all in accordance with the bid specifications. Southold Town Clerk June 25, 1997 INVITATION TO BIDDERS: BULKHEAD REPLACEMENT AT STATE STREET "Skippers Lane" ORIENT HARBOR STATE STREET ROAD END ORIENT, New York 11957 REVISED: MAY 20, 1997 ENG~EPA~E.T PECONIC LANE PECONIC~ N.Y, INVITATION TO BID PROJECT: BULKHEAD REPLACEMENT - STATE STREET (Skipper's Lane) ORIENT, NEW YORK 11957 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as requireded for the construction of the Bulkhead Replacement at the road end of State Street, in accordance with the Ptans and Specifications (dated May 20,1997) prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, Thursday, .Tune ]_Z, 1997. All specifications are provided herein: drawings to be attached. A fee of ten dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this pedod. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: May ].3, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk STATE STREET BULKHEAD REPLACEMENT A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, 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. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawingS; specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. STATE STREET BULKHEAD REPLACEMENT B-1 D. 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. E. AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a pedod of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated 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. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's wdtten request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. STATE STREET BULKHEAD REPLACEMENT B-2 I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within fifteen (15) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. STATE STREET BULKHEAD REPLACEMENT B-3 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Drawings Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety A - 1 through A - 1 B - 1 through B - 3 C - 1 through C - I D - 1 through D - 2 E- 1 through E- 1 F-lthrough F-1 AIA Document # A310 G - 1 through G - 1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations AIA Document # A201 H ~ 1 through H - 2 K- 1 through K- 1 L-lthrough L-1 M - 1 through M - 2 N - 1 through N -8 SPECIFICATIONS Bulkhead Specifications Page 1 through Page 4 DRAWINGS Site Plan and Bulkhead Section Sheet#: 1of1 STATE STREET BULKHEAD REPLACEMENT C-1 PROPOSAL FORM TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: May 20, 1997, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must be included as indicated on bottoM page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: BULKHEAD REPLACEMENT - STATE STREET (Skipper's Lane) ORIENT, NEW YORK 11957 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, h.e will accept, in full payment thereof as listed below: STATE STREET BULKHEAD REPLACEMENT D-1 BULKHEAD REPLACEMENT AT THE STATE STREET ROAD END IN ORIENT. THE SIZE OF THE BULKHEAD SHALL BE AS INDICATED ON THE PLANS AND IN THE SPECIFICATIONS. THE CONTRACTOR SHALL PROVIDE ALL LABOR & MATERIALS NECESSARY TO CONSTRUCT THE BULKHEAD IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a pedod of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time pedod. Signature of Bidder: Business Address: ~~~ ~.~.~... Telephone Number: STATE STREET BULKHEAD REPLACEMENT D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. 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 Corporation) authorized to sign and submit the bid or proposal of U'ffs corporation for the following Project: be BULKHEAD REPLACEMENT - STATE STREET (Skipper's Lane) ORIENT, NEWYORK 11957 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct' copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ~ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch, 751, Sec. 103-d, as amended effective September 1, 1966 (Signature) STATE STREET BULKHEAD REPLACEMENT E-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 (Bidder) Certifies that: 1. 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 I 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 11, 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) STATE STREET BULKHEAD REPLACEMENT F-1 THE AMERICAN iNSTITUTE OF ARCHITECTS AIA Document A3'10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, ~atwe as Principal, hereinafter called ',.he Prindpal, and a corporation duly organized under ~he laws of ~he State of as Surety, hereinafter cailed the 5ure.~., are held and firmly bound unto as Obligee, hereinafter caiIed the Obiigee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if :he Obligee shall accept :he bid of the P~incipai and the Principal shall enter into a Contract with the Obligee in accorclance with the Ierms o[ such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and suffi~ent surety for the faith[ut performance of such Contract and for the prompt payment of labor and rnatenal furnished in the prosecutson thereof, or in the trent oi the failure ot the Principal to enter such Contract and give suG'~ bond or bonds, if the Principal shall pay to the Obfige'~ 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 ~aith contra~ with another parW to perform the Work covered by said bid, then this obligation shaJl be null and void, otherwise to remain in full force ~nd effec~ Signed and sealed this day of (Prinopal) (Seal) (Tide) (Surety] (Seai) (TiKe) OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. ' In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMI'I-FED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. STATE STREET BULKH~D REP~CEMENT G-1 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 ~ INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1..1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: · 1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. STATE STREET BULKHEAD REPLACEMENT H-1 .2 .3 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence - $1,000,000 Aggregate, Products and Completed Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. Proper13/Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). Contractual Liability (Hold Harmless Coverage): Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): a. Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION STATE STREET BULKH~D REP~CEMENT H-2 T H E A M H I T E C T ~ E R I C ~ ;q I N S T I T U T E J F A R C AIA Doct~ment A201 General Conditions of the' Contract for Construction 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2, OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEP,~L4.TE CONTRACTORS 7. CHA,NGES IN THE WORK 8. TIME 9. PAYMENTS ,qND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 1 I. INSUR,~NCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK I3. MISCELLANEOUS PROVISIONS 14. TE~¥1INATION OR SUSPENSION OF THE- CONTRACT This document has been approved and endorsed by ~.he Associated Gener~ Contractors of America. A201-1987 I INDEX Acceptanca of Nonconforming Work ..... %6.6,9.9.3,12.3 Acceptance o f Work ....... 9,6.6, 9.8.2, 9.9.3, 9.10. I. 9. [0.3 Acca$~ to Work .................... 3.16, 6.2.1, 12.1 Accident Prevention ........................... 4.2.3, 10 Acts and Omissions . .. 3.2.I, 3.2.2, 5.3.2, 3.12.8, 3.18, 4.2.3, 4.3.2, 4.3.9. 8.5.1, 10.1.4, I0.2.5, 13.4.2, 13.7, 14.1 Additional Inspections and Testing ...... 4.2.6,9.8.2. 12.2.[, 13.5 Additional Time, Claims for ............ 4.3.6, 4.3.8, 4.3.9, 8.3.2 Aesthetic Effect .................. 4.2.13,4.5.1 Allowances 3.8 Applications for Payment ~. 4.2.5, 75.7.92, 9.3, 9.4, 9.5.1.9.6.3, Approvals 2.4. 33.3, 3.5, 3.I0.2.3 I2.4 through 3.12.8. 3.18.3. ArBitration 4.1.4. 4.3.2. 4.3..~, 4.4.4.4.$, lmhitect 4.1 Arch[loci. Exten£ o f Authority 2.4, 5.12.6. 4.2.4.5.2. -L3.6. lmhitect's Administration of the Contract ..... 4.2. ~.36, Architect's Approvals 2.4.3.5. I, 3 10.2, 3,12.6. 3.i2.8, 3.I8.3, 4.2.7 Architect's Authority to Reiect Work 3.5 L 4.2 6, 12.1 2. I2.2.1 Architect's Copyright 13 9.92.9.10A. I35 Architect s On-Site Observations ..... 4.2.2. -~.2.5.4.3.6. 9.4.2. 9.5.1. 9.10. l, 13.5 4.2.6, 9.6.3, 9.6.4. I 1.5.7 Architect's Site Visits ~.2.2.4.2.5, 4.2.9, -L36. 94.2.9.51, Award of Subcontracts and Other Contracts for Porfions of the Work Basic Definitions 1.1 Boiler and Machine~f Insurance 11.3.2 8onds. Performance and Payment 73.6,4, 910.3. 11.5.9, l 1.4 Building permit .................... 3.7.1 Capitalization .................................. 1.4 Cer tiflcate o f Substantial Completion ................... 9.8~2 Certiflcatea for Payment ...... 4.2.5, 4.2.9.9~3.3, 9.4, 9.5.9.6.1. Certificates of Inspection, Testing or Approval .... 3.12.11, [3.5.4 Chango Orders ...... 1, I. 1.2.4. i, 3.8.2,4. 3.11, 4,2.8. 4.3.3, 5.2.3. Change Orders, Definition of ................. 7.2. l Change~ .................................. 7.1 CHANG;:S IN THE WORK 3.11, 4.2.8. ?. 8.3.1.9.3.1.1, 10.1,3 Claim. Definition o f 4.3.1 Claims and Disputes ........... 4.3, 4,-L 4.5.6.2.5, 8.3.2, Claima and Tlmely As~erBon of Claims ....... 4.5.6 Cia[ma for Additional Co~t ..... 4,3.6, 4.3.7, ~.3.9, 6.1.1. I0.3 Claims for Additional Time ......... 4.3.6.4.3.8. 4.3.9, 8.3.2 Claims for Concealed or Unknown Conditions 4.3.6 Claims for Damages...3.18, 4.3.9, 6.1.1.6.2.5, 8.32.9.5t.2, 10.1.4 Clamas S uhiect to ArBit ration .......... 4,3.2.4.4,4,4.5.1 Cleaning Up ........................... 3.15, 6.3 Commencement of Statutory Limitation Period ..... 13.7 Commencement of the Work. Conditions Relating [o 2.1.2. Commencement of the Work. Definition of ....... 8.1.2 Communications Facilitating Contract Administration 3.9.1.4.2.4.5.2.1 COMPLETION, PAYMENTS AND ................. 9 Concealed or Unknown Conditions .......... 4.36 Conditions of the Contract IA.I. 1.1.7.61.i Consent. Written ............. [.3.1, 3.12.8.3.14.2.4.1.2. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ........................ 1.1.4,6 Construction Schedules, Contractor's ....... 3.10, 6. 1.3 Continuing Contract Parformanca ........ 4.3.4 Contract. Definitionof ............... . '1 2 CONTRACT, TERMINATION OR : SUSPENSION OF THE ......... 4.3.7, 5.~i1.1.14 Contract Administration 3.3 3, ~,9'~,9 5 Contract Documents, The 1.1, 1.2, - Con(ract Documents. Copies Furnished and Use of . 1.3.2.2.5.53 Contract Documents. Definition Of ......... 1. [. l Contract Per formance During Arbitration 4.3.4,4.5.3 Contract Sum 3.8, ~.36.4,37, 4.°,.4, 5.2.3, 2 A201-1987 CONTRACTOR .............................. 3 Con[mc[or, Definition of .................... 3.1,6. !.2 Co nttacto r' $ Liability Im.~J rance ..................... 11.1 and Owner's Forces .... 2.2.6, 5,. 12.5, 3.14.2, 4.2.4, 6, I2.2.5 Pertbrming the Work 3.32, 3.i8. ~.2.3, lo -36,92.931,98.2,991.9.[0.2. Cost. Definition of 73.6. I4.3.5 Costs .. 2.4.32.1,3.7.4,382.3.15.2,4.3.6.4.3.7.4.3.8.1,52.3. CuRing and Patching ............ 3,14, 6.2.6 D~i~ion$ to Withhold C~rlffle~0on 9.5, 97, 14. i 1.3 Delays and Extensione of Time 4.3.1,4.3.8.1.4.382. 2.2.5, 3,t L 53 Emergencies ................... 4.3.7, 10.3 Employees, Contractor's 3.3.2, 3.4.2, 3.8 Equipment, Labor, Mate=als and ....... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 312.3, 3. i2.7, 3.I2.11, 3.13, 3.15.1. 4.2.7, Execution and Progress of the Work .... 1.1.3, 12.3, 3.2.3.4.1, 7.3.9. 8.2, 8.3, 9.5, 991, I0.2, I-L2, 14.3 Execution, Correlation and Intent of the Contract Documents 1.2, 371 Failure o f Payment by Contractor 951.3, l'~.2.1.2 Fadure of Payment by Owner 4.3.~, 97, N. 13 Faulty Work (See Defective or Nonconforming Work) Final Complation and Final Payment 4.2. t, 4.2.9, -~ 3.2, Financial Arrangements, Owners 2.2.1 Fire and Extended Coverage Insurance i 1.3 GENERAL PROViSiONS Governing Law 13.1 4.3.4, 6.1.3. 61.4, 6.2.6, 93.2, 9.6.1, 9r6.*, 983, 992. Injury or Damage to Person or Property 4.3.9 Insurance, Contractor's Liability 11.1 Insurance, Owner's Liability 11.2 INSURANCE AND BONDS ~ 11 interest ........ 13,6 A201-1987 3 Limitations o f Time. Specific ...... 2.1.2.2.2.1,2.4.310, 3.11, Loss of Use Insurance 11.3.3 931,9.31.2.93,3,94.2,965,9.10,4 736.9.32. 933. I2.2q. I,~ Means. Method& Techniques. Sequences and Procedures of Constmcnon 3.3.I. 4.2.3.42', 9.-~.2 Minor Changes in the Wor~ I 11. -~.2.8, 4.3-. - [, 7.4 MISCELLANEOUS PROVISIONS 13 Mutual Reapon$ibillty 6.2 Nonconforming Work, Acceptsnce of 12.3 *.3 5. 9.5.2, 98.2. i2, 13713 Notice 2.3.2.~,3.2.1.3.2.2.373,3.-~.39 3 I2.8. Notice, Written 2.3, 2.~. 39, 3.12.8, 3 i2.9, Owner. Definition of 2.1 Owner, Information and Service~ Required of the 2.1.2. Owner's Liability Insurance 11.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separats Contracts ..... 6.1 Owner' a Right to Stop th® Work ........... 2.3, 9.37 Owner's Right to Suspend the Work ........... 1 ~,3 Owner's Right to Terminate the Contract ............ 14.2 Ownamhip and Use of Architect's Orawinga, Specifications and Other Documents I.I.I. 1.3, 2.2.5, 53 Patching, Cutting and 3.14, 62.6 Patents, Royalties and 3.17 Payment, Applications for 4.2.5.92, 9.3, 9 ~. Payment, C~rtlflcatea for 4.2.5.4.2.9, 9.3.3, ~.4, 95. Payment, Failure of 4.37, 95.13. Payment Bond, Pertorrnance Bond and 73.64, Payments. Progress 43 ~. 93, 06, 983, 9.103. 136. 1423 PAYMENTS ANn COMPLETION 9, l ~ Payments to Subcontractors 542, 9.5 1 :,, Polychlor~nated Biphenyl 10 I Product Dam. Definition of 312.2 Product Oats and Samples, Shop Drawings · 31 l. 3.12, 4.2.7 Prcgrese and Completion ~.2.2, ~.3.4, 8.2 Prcgres~ Payments ~.3.4. g 3, 9.fi. 983, 9.103, 13.6. 142,3 project, Definition of the 1.1.4 Project Manual. Definition o f the 1.'L7 Property Ir~umnce IO25. 11.3 PROTECTION OF PERSONS AND PROPERTY ...... 10 Regulations and Laws ..... 1.3, 3.0.3.7, 313. -L I. I. 455, 6.22. 8.21. 933. 9,4.2. 951. 982. 910.1 Reselutlon of Claims and Disputes 4;4, ~,-3 Responsibility tbr Thosc Performing the WorR ..... 33.2. Rerainage 931,962,983,991.9102,9103 Review of Contract Oocuments and Field ConditlonsbyContrcctor I ~ ~ " ·- and Samples bv Contractor 3.125 4 A201-1987 Rules and Notices for Arbitration ............ 4.5.2 Safety of Pemons and property ........... 10,2 Safety Precautions and Programs ....... 4,-.3, ~...,, 10.1 Samples, Shop Drawings, Product Data and 31 l, 3.12, 4.2.7 Samples at the Sits, Documents and ......... 3.11 Schedule of Values 9.2,93[ Shop Drawings, Product Data and Samples 3.11.3,12,4.2.7 Site, Use of 3.13,6.1.i,6.2. I 9~.2,951.98.2.992.910.1, I35 Specifications, Definition o f the 1.1.6 42.3, 53. 5~ Suticontractual Relations 5.3, 54.9312, 9.6.2. Successom and Assigns 13.2 Superintendent 3.9, 111.2.0 Supervision and Construction Procedures 1.2.~. 3.3, 34. Surveys 2.2.2.3.18.3 Suspension by the Owner for Convenience 14.3 Suspension or Termination of the Contract .... *.3.7, 5.4.1.I, 14 Taxes 3.6, -.364 Termination hy the Contractor 14.1 Termination by the Owner for Cause 5.4.1.1.14.2 Termination of the Architect 4.1.3 Termination o f the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections . 3,33.4.2.0. ~.2.9.9~.2, 12.2. l. 13.5 TIME 8 Time, Delays and Extensions of 4.38. -2. t. 8.3 A201-1987 5 GENERAL CONDITIONS OF THE CONTRa. CT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Conttact Documents consist of the Agreement between Owner and Contractor (hereinaRer the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, adden,4~ issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued alter execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Arcfiitect. Unless specifically enumerated tn the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addentL~ relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negouations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (t) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- Subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to tixcfiitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and incfudes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whule or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic :md pictorial portions of the Con- tract Documents, wberever located and whenever issued, showing the design, location and dimensions of the Work. generally including plans, elevations, sections, details, sched- ules and diagrams, 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisttng of the written requirements for material.% equ;p- ment, construction systems, standards and worMmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually ~c. mblcd for the Work which may include the Didding requirements, sample tbrms, Conditions of the Contract and Spec~tcatiocks. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not s;gn all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.9.1l Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observanons with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include ali items necessary, for the proper execution mad completion of the Work by the Contractor. The Contract Documents are comple- mentm-?, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, secttons and articles, mad arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have welMmown technical or construction indus- try memqmgs are used in the Contract Documents aa accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications ;.nd other documents prepared by the Architect are instruments of the Architect's service thruugta which the Work to be executed by the Con- tractor is described. The Contractor may retmn one contract record set. Neither the Contractor nor any Subcontractor., Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and' other documents prepared by the Mchitect. and unless otherwise indicated the Architect shall be deemed the author of them and will ret:un all common law, statutory and other reserved nghts, in addition to the copybght. All copies of them. except the Contractor's record set, shall be returned or suitably accounted for to the .~rchitect, on request, upon completion of the Work, The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnisbed to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Proiect outside the scope of the 6 A201-1987 Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontracrors :md material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- thgs, SpeciFications :md other documents prepared by the Mchitect appropriate to and for use th the execution of their Work under the Contract Documents. All copies made under thts license shall bear the statutory copyright notice, if any. shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regularory requirements or for other purposes in con- nection with this Project ks not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Tcrrns capitaUzed in these General Conditions include those which arc {1) specifically dct~ncd, (2) thc tides of unto* bered acdcies 2,.qd identified refcrence~ to Paragraphs, Subpara- graphs and Clauses in thc document or (3) thc titles of other documents pub~shed by thc American h~titute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fie- quemiy omit modifying words such as "ali" and "an.v" and arti- cles such as "the" and "an," DUi the fact that a modifier or an article is absent from one statement and appears in another ts not intended to affec~ the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is (he person or entits' identified as such in the Agreement and is referred :o throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representanve. 2.1.2 The Owner upon reasonable written request shall ~urnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal tide to the property on which Ihe Project ks tocated, usually referred to as the site. and the Owner's interest therein at the tWne of execuuon of the Agreement and. within five days after any change, informauon of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED dE THE OWNER 2.2.1 The Owner shall, at the request of the Contractor. prior to execution of the Agreemem and prompdy from time to tune there'after, furnksb to the Contractor reasonable evidence that financial arrangements have been made to ~lfill the Owner's obiiganons un<er the Contract. [Note: C}~les$ suc'D rea~'onable evidence were fttrnished on request prior to the e.~cecution of 2.2.2 The Owner shall f~rnish surveys describing physical charactertstics, legal limitations and utliliy locations for the site of the Protect. and a legal descripnon of the site. 2.2.3 Except for permits and fees which are the responsibility shall secure an< pay for necessary, approvals, e'asements, assess- meats and charges required for construction, use or occupancy of permanent structures or for permanent changes in e:~s~ing facilities. 2.2.4 information or services under the Owner's control shall be fumisbed by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.~ Unless otherwise provided in the Contract Documents, the Contractor will be ~urmshed, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execunon of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those tn respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 {Insurance and Boncis). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 [f the Con~ractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by paragraph 12.2 or persistently fain to carry out Work m accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work. or any pomon ~ereo£ until the cause for such order has been eliminated: however, the right of the Owner to stop the Work shall not give rise to a duty on the par~ of the Owner to exertase this nght for the benefit of the Con- tractor or any other person or enuty, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defadits or neglects to carry out the Work in accordance with the Contract Documents and f~is within a seven-day period al~er receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence md promptness, the Owner may at~er such seven-day period g~ve the Contractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- day period after receipt of sucb second aotice fails to com- mence and contthue to correct any deficiencies, the Owner may, without prejudice to other temedie~ the Owner may have. correct such deficiencies, in such case an appropriate Change Order shall De issued deducting 1Yom payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional servtces and expenses made necessal? by such de~dit, neglect or failure. Such action by the Owner mad amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or ther~-.li~er due the Contractor are not sufficient to cover such amounts, the Comractor shall pay the difference to the Owner. : ARTICLE 3 3.1 CONTRACTOR DEl=INIT]ON 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout [he Contract Documents as if singular m number. The term "Contractor" means the Contractor or the Contractor's authorized representative. A201-1987 7 3.2 REVIEW OF CONTRAC~ DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with e-~ch ot~er and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recogruzed error, inconsmtency or omission in the Contract Documents without such notice to the Architect. the Contrac- tor shall assume appropriate responsibility for such perfor- mance and sh,.,ll bear an appropriate amount of the attributable cusps for correction. 3.2.2 The Contractor shall tare field measurements and verify field conditions :md shall carefully compare such field mea- surements and conditions and other in/brmation known to thc Contractor with the Contract Documents before commencing activities. Errors. inconsistencies or omissions discovesed shall De reported to ine ,~xchitect at once. 3.2.3 The Contractor shall perfbrm Ihe Work in accorclarlce with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 Thc Contractor shall supervise and direct the Work. using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over consrrdc- uon means, method.s, techniques, sequences and procepures and for coordinating ail portions of the Work under the Con- 3.3.2 The Contracrur shall be responsible ti) the Owner for acts and their agents and employees, and other persons performing 3.3.3 The Contractor shall not be relieved of obliganons to per- c:thcr by activities or duties of thc Mchi[cct in thc Architect's 3.5 WARRANTY 3,~.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new urfless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the fizchitect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3,fi.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go unto effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay fur the building permit and other permits and governmental tees. licenses and inspecti()ns necessary for proper execution and completkm of the Work which are cusn~marily secured after executinn of the Contract and which are legally required when bids are received or argo- 3.7.2 The Conrtactor shall comply with and give nouces requ/red by laws. ordinances, rules, regulations and lawful orders of public authoritle~ bearing on performance of the Work. [av,'s, statutes, ordinances, building.codes, and roles :md regula- shall promptly notify the .M-chitect and Owner in writing, and necessary, changes shall be accomplished by appropriate Modification. a.7.4 If the Contractor perfurms Work knowing it to Be con- traO' to laws, statutes, ordinances, building codes, and rules and the Contractor shall assume full responsibility for such Work and shall hear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sm all by allowanCes shall be ~upplied fur such :[mounts and by such 3.8.2 Unless otherwise provided in the Contract Documents: ,1 materials and equipment under an allowance shall selected promptly by the Owner to avoid delay in the matepals and ~quipmtnt d¢livesed at the site :md all required taxes, less applicable trade discounts: 8 A201-1987 .3 Contractor's costs for unloading md ha~diing at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shMl reflect (I) the difference between actual costs and the allowances under CIause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor sh~ll employ a competent superintcn- Project site during performance of the Work. The superinten- to the superintendent shall be as binding as if given to the Con- lng. Other communications shall be similarly confamaed on wntten request in e~ch case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- :tact. shall prepare and submit ~"or the Owner's and :~'chitect's The schedule shall not exceed time limits current under the required by the conditions of the Work and Project. sh'~tJ be related [o the entire Proiect to the extent required by [he Con- tract Documents. and shall provide l'or expeditious and pracu- 3.10.2 Thc Contractor shall prepare and keep current, for the Architect's approval.'a schedule of submittals which is coordi- nated with the Contractors construction schedule and allows 3.10.3 The Contractor shall conform to the most cetera schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall m:antain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and construcuon, and in addition approved Shop Drawings. Prod- uct Data. Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the .M'chi- 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules ~tnd other data specially prepared k)r the Work by the Contractor or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illLtstrations, standard schedules, per- 3.12.3 Samples arc physical examples which illustrate rn=refials, equipment or workmanship and establish standards by which the Work will bc judged, 3.12.4 Shop Drawings, Product Data, Samp[es and similar sub- which submittals ,me req~zed the way the Contractor proposes to conform ~o the ~fo .rz'..ation wen :md the design concept expressed in the Contract DocLLm, ents. Review by the .&rchitec[ is subje~ to the L~'..~tatlor4 of Subpamgr=ph &.2.7 3,12.5 The Contrac'zor si'~[ res,Jew, approve and submit to the Architec~ Shop Drawings. Product Data. Samples and sin'dLar submittals required by r~".e ConL"act Documents with reason- able prompmess md in s~c.h sequence as to cause no delay in the Work or m the activines of ~e Owner or of separate con- tractors. Submittals made by the Contractor which are not required by [he Contract Dx~cume'nts may be returned without 3.12.6 The Contractor sl'~.~l pedorm no portion of the Work requiring submitt~,l and :ev{ew o~ Shop Drawtngs. Product [M h~ b~n approv~ by Sqc .~itec[. Such Work shall be ~ 3.12.7 By approving ~d +uDmitrmg Shop Drawings. Product A201-1987 9 the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the 3.15 CLEANING UP 3.15.1 The Contractor shall keep thc premises and surround- ing area free from acc~nuladon of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the thereof shaft be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay ali royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- infringement of a patent, the Contractor shalI be responsible for such loss unless such information ls promptly furthshed ro the 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law. the Contractor shall indemnify and hold harmless the Owner, Mchi[ect, Archi- from and agmnst claims, damages, losses and expenses, thclud- from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to mjuU,' to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting anyone directly or indirectly employed by them or anyone for whose acts they may be liable, ~gardiess of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other fights or obligations of described in this Paragraph 3 18. 3.18.2 In clmms against any person or entity indemnified under this Paragraph 3.18 by an eroployee of the Contractor, a or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by benefits payable by or for the Contractor or a Subcontractor benefit acts or other employee benefit acts. 3.15.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the A~'chitecr, the Archi- mct's COnSultants, and agents and employees of any of them arising out o f(1 ) the preparation or approval of maps, drawings, opimons, reports, surveys, Change Orders, designs or speciflca- pons, or (2) the giving of or the failure to give directiorts or a'tstrucgons by the Architect, the Architect's consulta~qts, and agents and employees of any of them provided such giving or fadure to give ks the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The :trchitect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tiffed as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Arctlitect's authorized representative. 4.1.2 Duties. responsihllines and limitsfions of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 in case of termination of employment of the Architect. the Owner shaft appoint an architect agmnst whom the Con- tractor mares no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 0,.I.2 and 4.1.3 shall be subiect to ~xbirtation. 4.2 ARCHITECT'S AnMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (l) during construction, (2) until Final payment is due and (3) with the Owner's concurrence, from time to ilme during the correction period described in Pm- graph 12.2. The Architect will advise and consult wir~ the Owner. The .kt-chitem will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by wdtten instrument in accordance witri other provlsionff of the Contract. ~..~'.2 The .Scchitect will visit the site at intervals appropriate to the stage of consmaction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work ks being performed in a manner indicat- ing that the Work. when completed, will be in accordaoce with the Contract Documents. However. the Architect will not be required to mare exhaustive or continuous on-site inspections io check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner infom~ed of progress of the Work. and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.;3 The Arcthtect will not have control over or charge of and will not be responsible for construction me';w,s, methods. techniques, sequences or procedures, or for sa£eq.' precaunons and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in pm-agraph 3 3. The Architect will not be responsible for the Contracror's fmlure to carry out the Work th accordance with the Contract Documents. The ,~chitect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 tractor, Subcontractors. or their agents or employees, or of any other persons performing pomons of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors slX'ail be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4,2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Commct Documents, the Architect will have authority to require additional inspection or testing of the Work tn accordance with Subparagraphs I3.5.2 and 13.5.3, whether or not such Work is i'~.br<ated, installed or completed. However, neither this authority of the Architect nor a decision made in good froth either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.2' The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with informauon given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient ume in the Architect's professional judgment to permit adequate review. Review of such submittals ~s not conducted for the purpose of determining the accuracy and completeness of other dermis such as dimensions and quantities, or for substantiating instructions for installation or performance of eqmpment or systems, ali of which remain the responsibility of the Contractor as required by the Contract Documents. The ,~'chitect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3,5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect. of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes an the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.1.10 if the Owner and Architect agree, the Architect will pro- out the Architect's responsibilldes at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forfia in an exhibit co be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documec~ts on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any m'ne limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them, 4.2.12 interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decrsions, the Architect will endeavor to secure faithful performance By both Owner and Comracror, will not show partmlity to either and wtll not be Iiable for results of interpretations or decisions $o tendered in good froth. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of tame or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. cIaLms must De made by written nonce. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of Architect. Clalms. including those alleging an error or omtssinn by the Architect, shall be'referred initially to the Archirect lbr action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shMl be required as a condition precedent to arbitration or litigation of a C-laan between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- p[med. The decision by the Architect in response to a Claan shall not be a condition precedent to arbitration or litigation in the event (l) the posinon of Architect ts vacant. (2) the .~hitect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) -)5 days have passed after the Claim has been retorted to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Clmms by either party must he made within 21 days after occurrence of the event giving nse to such Clmm or within 21 days after the claimant first recognizes the condition giving nse to the Clan'n, whichever is later. Claims mu.st he made by wdtten notice. An additional Claim made after the initial Clmm has been implemented by Change Order wtIl not be considered unless submitted in a timely manner A201-1987 11 4.3.4 Continuing Contract Performance. Pending final reso- lution of a CImm including arbitration, unless otherwise agreed in writing the Contractor shall proceed dfligendy with perfor- ms.nee of the Contract and the Owner shall continue to make payments in accordance with the Contract Dooaments. 4.3.S Wsiver of Claims: F;nsl Paymsnt. The ma~mg of final payment shal/ constitute a wmver of Clan'ns by the Owner except those arming from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 ten'ns of special warranties reqtured by the Contract 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at thc site which axe (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) anknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later thaJn 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ terms of the Contract is justified. Ihs Architect shall 5o noti~' Claims by either party m opposmon to such determination must be made within 21 days after the ?,zchitect has given 4.3.? Claims for Additional Coat. If the Contractor wishes to 4.3.8 Claims for Additional Time substantiating that weather conditions ';,-ere abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Pemon or Prop~rfy. If either parry to thc Contract suffers injury or damage to person or property bemuse of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally fiable, written nonce of such injury or darnage, whether or not insured, shall be given to the other parry within a reasonable time not exceeding 21 days aRer first observance. The notice shall provide sufficient detml to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to thru Claim is to be asserted, it shall be fded as provided in Subparagraphs 4.3,7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The .~chitect will review Claims and take one or more of the tbllowing preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the ctmmant, (2) submit a schedule to the parties indicating *,'hen the .M'chi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection. (-~) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, oolite, the surety, if any, of the nature and amount of the Claim. 4.4.2 [fa Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4...1 If a CIaim has not been resolved, the party making the Clawn shall, within ten days drier the Architect's preliminary response, take one or more of the folk}wing actions: (1) submit additional supporting data requested by the Architect. (2) modify the initial Claim or (3} notiN, the Architect that the initial Clawn stands. 4.4.4 Ifa Claim hms not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect. the Architect will notil5, the parzies ~n writing that the Architecfs decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect *,,-ill render to the parnes the Architect's written decision relative to the Claim. including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default. the Architect may, but is not obligated to, notiN, the surety and request the surery's ~sistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim dosing ()ut of or related n) the Contract. or the breach thereof, shall be settled by arbitration in ai:cor- dance with the Construction Industry Arbitration Rules of thc American Arbitration Association. and iudgment upon thc award rendered by the arbitrator or arbitrators may De entered tn any court having lurisdiction thereof, except controversies or CIaLms relating to aesthetic effect and except those waived ms provided fi)r in Subparagraph -L3.5. Such ctmtroversies or Claims upon which the Architect has given notice and rendered a decisk)n as provided in Subparagraph -L4.4 shall be SUbleCt to arbitration upon written demand of either party..',rbitration may be commenced when .~5 days have passed after a Claim has been referred to the cM'chltec£ ~ provided in Paragraph q.3 and no decision has been rendered. 12 A201-1987 4.5.2 Rules and Notices for Arbitration. CLaln~ be~veen thc Owner and Contrac'~or not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Consu-~ction industry M-bitration Rules of the .American Arbitration A.ssoo~non cur- rently in effect, unless the parties mutually agree ¢otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the .~tmencan Mbitratton ~sociation, and a copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbi'~atJon May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (I) the date on which the .Architect has rendered a final wdtten dec~- sion on the CIam~, (2) the tenth day after the parties have pre- seated evidence to the Architect or have been gwen reasonable opportunity to do so, if the 3xchitect has not rendered a final Whiten decisiDn by that date, or (3) any of the five events described in Subparagraph 4,32. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision mu.st be made within 30 days after the date on which the party making the demand receives the final Whiten decision, ~en failure to demand arbitratinn within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may he entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties 4.5.4.2 A demand for arbitration shall be made within the tLrne limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clat~se 4.54.: as applicable, and in other cases within a reachable time atter the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 Limitation on Consolidation or Joinder. No arbitration arming out of or relating to the Contract Documents shall include, by consolidation or }cinder or in any other manner, the Architect. the Architect's employees or consultants, except by written consent containing specific retkrenee to the Agree- ment and signed by the ,architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or }cinder or in any other manner, par~ies other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner. Contractor or a separate contractor a5 described in Article 6 shall be included as an orig- inal third party or additional third party to an arhitratinn whose interest or responsibility ts insubstantial. Consent to arbitration involving an addition'al person or entity shall not constitute consent to arbitration Ora dispute not described therein or with a person or entity not named or desctihed therein. The fore- gotng agreement to arbitrate and other agreements to arbitrate with an additional person or ennty duly consented to by parers to the Agreement shall be specitically enforceable under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A par~y who files a notice of demand for arbitration must a.sserr in the demand all Clamas then known to that par:y on which arbitra- uon is permitted to be demanded. When a party fans rd include a Claim through oversight, inadvertence or excusable neglect. or when a Clau-n has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be fwial, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereo£ 5.1 ARTICLE 5 SUBCONTRACTORS DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to pertbrm a portion of the Work at the site. The term "Subcontractor" is retkrred to throoghout the Contract Documents as if singular in number and means a Subcontractor or an authonzed representative of the Subcon- the bidding reqmrements, the Contractor. as soon as prac ticable after award of the Contract. shall furnish tn writing Id the Owner through the Architect thc names of persons or rna- ties (including those who are to ~mish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- any such proposed person or ennty. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.0' The Contractor shall not contract with a propt~sed per- sortable and timety ob{ection. The Contractor shall not he $.2.'1 If the Owner or Architect has res.sonable oblecn'on to a reasonable objection. The Contract Sum shall be incre~ed or decreased by the difference in cost orca.sutural by such change and an appropriate Change Order sh'all be issued. However, no tncre~e tn the Contract Sum shall be allowed thc such ch:rage unless the Comractor ~as acted promptly and responsive!v in submitting names as required. 5.~.4 The Contractor shall not change a Subcontractor. person or entity previously setccted if the Owner or Architect makes AIA {~OCUMENT A201 * GENEPO. L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA~ * e51987 THE AMERICAN INSTITUTE OFARCHITECTS, I735NEWYORK AVENUE. NW. WASHINGTON. D.C. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally requn'Cd for validity, the Contractor shall require each Subcontractor, to the extent of the Work to he performed by the Subcontractor, to be hound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor ~ the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the dghts of the Owner and Architect under the Contract Doctmaents with respect to the Work to he performed by the Subcontractor so that subcontracting thereof will not prejudice such fights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress agmnst the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into sn'nilar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor. prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variarlce with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents avmlabie to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph I4.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to tine prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcomractor's compensation shall be equitably ad{usted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reser'~es the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the s~te under Conditions pf the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved Because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 5.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the sere, the term "Contractor" in the Contract Documents in each cae shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each sepmate contractor with the Work of the Contractor. who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a }pint review and mutual agreement. The construction schedules shall [hen constitute the schedules to be used Dy the Contractor, separate contractors and the Owner until subsequently revised. 6.1,4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be sub}ere to the same obligations and to have the same tights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this A~icle 6 and Articles 10, [ i and 12. 6.2 MUTUAL RESPONSIBIL.~'Y 6.2.1 The Contractor shall :dford the Owner and separate con- tractors reasonable opportunity, for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operanons with theirs as required by the Contract Documents. 6.2.2 If parc of the Contractor's Work depends for proper execuuon or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work. promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Pmiure of the Contractor so to report shall constitute an acknowledgment that ti~e Owner's or sepa- rate contractors' completed or partially completed construcuon is fit and proper to receive the Contractor's Work. except as to defects not then re~onabl? discoverable. 6.2.3 Costs caused by delays or by improperly tamed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partmlly com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph [0.2.5. 6.2.5 Clmms and other disputes and matters in question between the Contractor and a separate contractor sha~i be sub- iect to the provtsions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraplq 3.1.~. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 if a dispute arises among the Contractor. separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premroes and surround- mg area free from waste materials and rubbish as described in Paragraph 3.15. the Owner may clean up mad allocate the cost among those responsible as the ~xchitect determines ~o be just. 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this :Lrticle 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by Re Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli* cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon. and if quantiues originally con- templated ye so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed wifi cause substantial ineqmty to me Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS any; and any. .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fLxed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall prompdy proceed with the change in the Work involved and advise the Mchitect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construc~on Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adiustment in Contract Sum and Contract Time or the method for determining them. Such agreement shy be effec- tive m'nrnediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adiustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- ~ect on the basks of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum. a reasonable allowance i'br overhead and profit, in such case, and also under Clause 733.3, the Contractor shall keep and present, in such form as the Azchitect may prescribe, an itemized accounting together with approprmte suppomng data. Unless otherwise provided in the Contract Documents, costs for the purposes of [hi~ Subparagraph 736 shall be [imited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers or workmen's compensation tnsurance: .2 costs of materials, supplies and equipment, includ- ing cost of transportauon, whether incorporated or .3 renmlcosts of machinery and equipment, exclusiveof hand tools, whether rented from the Contractor or others; .4 costs of premiums for ali bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs ofsuperviskm and field office person- nci directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not m dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletinn or change which results in a net decre'ase m the Contract Sum shall be actual net cost as con- firmed Dy the Architect, When both additions and.£redits covering related Work or substitutions are involv~ in a ch~ge, the Mlow~ce for overbid and profit shMl be figured on the b~is of net incr~e, iffy, with respect co that change. 7.3.8 ff thc Owner and Contractor do not agree with the adjustment in Contract Time or the me[hod for determining it. the adi~ment or the method shMl be referred to thc .~chi[ect 7.3.9 When thc Owner md Contractor agree with the deter- minanon made by the Archi/eot concerning the adjgs[ments in meat upon the adjustment, such agreement shMl be effective immediately md shMl be recorded by preparation and exer- tion of an appropriate Change Order. A201-1987 15 7.4 MINOR CHANGES iN THE WORX 7.4.1 The Architect will have authority to order minor changes m the Work not involving adjustment in the Contract Sum or extension of thc Contract Time and not inconsLstent with the intent of the Contract Documents. Such changes shall be effected by written order :md shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided. Contract Time m the period of time, including authorized adjustments, allotted in the Con- rmct Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date estabikshed in thc Agreement. The date shall not be postponed 8.1.3 The date of Substantial Completion is t fie date certified by the Architect in accordance wah Paragraph 9.8. mczm calendar da). unless othc,"x'kse specifically defined. 8.2 PROGRESS AND COMplETION for performing the Work. date of insurance required by Article l I cc} be furnished by the be changed by the effective date of such insurance. Unless the wrmng not less than five days or other agreed period betk)re 8.2.3 The Contractor shall proceed expeditiou.sly with arie- S.3 DELAYS AND EXTENSIONS OF TIME the Owner. or by changes ordered in the Work. or by labor applicable provtsions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude rccovcp: ot dam- ages ~k>r delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum ks stated in the .Agreement :md, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of va/ues allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy :rs the Architect may require. This schedule, unless objected to by the Mchitect, shall be used as a basis tbr reviewing the Contractor's Applica- 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application tk}r Payment for operamms completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directivea bur not yet included in Change Orders. 9.3.1,2 Such applicanons may not include requests a)r pay- Subcontractor or material supplier because ora dispute or other 9.3.2 Unless otherwise provided in the Contract Documents. payments shall be made on account ot materials and eqmpmem delivered and suitably stored at the sire for subsequent incoc- porauon in the Work. If approved in advance by the Owner, payment ma)' similarly be made k)r materials and equipment stti[ahly stored off the site at a locati(m agreed upon in writing. 16 A201-1987 tor, for such amount as the Architect determines is properly Architect's reasons for withholding certification in whole or in pm as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a represenmnon by the Architect to the Owner. based on the Application for Payment, that the Work has progressed to the point indicated and that. to the best of the ,Architect's knowl- edge, informanon and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- with the Contract Documents upon Substantial Completion, to and to spec:ftc qualifications expressed by the Architect, The quality or quantity of the Work, (2) reviewed construction Sum~ 9.5 DECISIONS TO WH'HHOLD CERTIFICATION 9.5.1 The ,&cchitect may decide not to certif)' payment :md may withhold a Certificate for Payment in whole or in parr, to the extent reasonably necessary [o protect the Owner, if in the Architect's opinion the representations ti) the Owner required by Subparagraph 9.4.2 cannot be made. [f the Architect is unable ti) certify payment in the awnount of the Application. the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4,1, If the Contracn)r and ,~-chitect cannot agree on a revised amount, the Architect will promptly issue a Certificate fk)r Payment for the arnount for which the Architect is able to make such representanons to the Owner. The Archi- subsequently discovered evidence or subsequent observations. may nullify the whole or a part of a Certificate for Payment .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such clmms: .3 fmlure of the Contractor to make payments prop- erly to Subcontractors or ~)r labor, materi:~s or equipment: pieted for the unpaid balance of the Contract Sum: pleted within the Contract Time, and that the unpmd b~ance would not be adequate to cover actual or liquidated damages for the anticipated delay; or with the Contract Documents. 9.8,2 When the above reasons for withholding certtflcarion are removed, certLfiC:ltinn wdl be made ['or amounts previously withheld. g.8 PROGRESS PAYMENTS 9.6.1 After the ,(rchitect has issued a Certificate for Payment. the Owner shall ,make payment in the manner and within the time provided in the Contract Documents, and shaft so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments ro the Contractor on account of such Subcontractor's portion of the Work, The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.~ The 3a-chltect w, ll. on request. Mmish roa Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the ,~-chite~ and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor .axchitect shall have an obligation to pay or to see to the payment of mQney to a Subcontractor except as may otherwise be required by [aw 9.6,8 Payment to maten, I suppliers shall be treated in a manner swnflar to that provided in Subparagraphs 9,6.2.9.6.3 and 9.6.5 A Certificate for Payment. a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accor 'clance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 if the Architect does not issue a Cemficare for Payment. through no fault of the Contractor, within seven days at'tee receipt of the Contractor s Application for Payment. or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor max'. upon seven additional days' written notice to the Owner and Mchitect. stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the m'nount of the Contractor's reasonable costs of shut<own, deny and start-up, which shall be accomplished as provided in Ar~ic!e 7. ' 9,5 SUBSTANTIAL COMPLETION 9.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is-suffi- ciently complete in accordance with the Contract Doc}ircients so the Owner can occupy or udiize the Work for its intended Use. 9.8.2 When the Contractor considers that the Work. or a por- tion thereof which the Owner agrees [o accept separately, is substantially complete, the Contractor shall prepare and submit [o the Architect a comprehensive list of items to be completed or corrected. The COntractor shall proceed promptly to com- plete and correct items on the list. Fadure to include an item on such list docs not alter the responsibilitT of the Contractor complete all Work in accordance with the Contract Docu- ments. Upon rece:pt of the Contractors list. the Architect ,:viii make an inspection to determine whether the Work or desig- A201-1987 17 nared portion thereof is substantially complete. If the Architect's inspection discloses any item. whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notmcation by the Architect. The Contractor shall then submit a request for another inspection by the ,,krchitect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Mchitect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat. utilities. damage to the Work and insurance, and shall fix the time within which the Contractor shall f'mish all items on the Est accompanying the Certificate. Warranties required by the Con- tract DocumentS shall commence on the date of Substantial Completion of the Work or designated portion thereof urdess otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shaft be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certtficate. 9.8.3 Upon Substantial Complenon of the Work oc designated portion thereof and upon application by the Contractor and certification by the ckrchitect, the Owner shaft make payment. reflecting adjustment in retainage, if any, for such Work or por- tion thereof a,s provided in the Contract Doc~nents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- trolly completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the :nsurer as required under Subparagraph 11.3.11 and authorized by public authorities having iurisdictinn over the Work. Such pm'tiM occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retamage if any, secu- nty, maintenance, he.it, utilities, damage to the Work and insur- ance. and have agreed in writing concerning the period for cor- rection of the Work and commencement of wazrannes required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9,8.2. Consent of the Contractor to partial occu- pancy or use shall not be unrea.sonably withheld. The stage of the progress of the Work shall be determined by wbtten agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the reqmrements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Arcintect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has berth completed Ln accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contr. ic- tor and noted in said final Certificate is due and payable. The .M'chitect's final Certificate for Payment will constitute a further represelltation that conditions listed in Suhparag~ph 9.10.2 as precedent to the Contractor's being entitled to final payment have peen fi.fit'dled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the .M'chirect fl) an affidavit that payroll.s, bills for materials and equipment, find other indebtedness connected with the Work for which the Owner or the Owner's property, might be responsible or encumbered (less amounts withheld by Owner) have been Paid or otherwise satisfied. (2) a ce:-dficare evidenc- ing that Lnsurance required by the Contract Documents to remain in force after final payment Ls currently in effect and not be cancelled or allowed to e.'q3ire until at least 30 da?'s' prior written notice has been given to the Owner, (.3) a wnne.'~ statement that the Contractor knows of no substmatnll reason that the insurance will not be renewable to cover the penod required by the Contract Documents, (4) con.sent of surer)-, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such ;5 receipts, releases and waivers of liens, claims, security inte..'e~ts or encumbrances arising out of the Contract. to the e:,xem and in such form as may be designated by the Owner. If a Subcon- tractor refu.ses to furnish a release or waiver required by Owner, the Contractor may fumtsh a bond ~ausfactoD' to the Owner to indemnify the Owner against such lien. If such remains unsatisfied after payments a~e made. the Contra~or shaft refund to the Owner ali money that Se Owner may be compelled to pay in discharging such lien, including all costs and reasonab{e attorneys' fees. 9.10.3 If. after Substantial Completion of the Work, final com- pletion thereof LS materially delayed through no fault of the Contractor or by issuance of Change Orde~ affecting final completion, and the Architect so confirms, ~he Owner sh?~iI, upon application by the Contractor and cemfication by the .Azchitect, and without terminating the Contract, make payme.~.t of the balance due for that portion of the Work fury completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is leas than retalrmge stipulated ia the Con- tract Documents, and if bonds have been furmshed, the wdttcn consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior io certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of r~,nal payment shall constitute a waiver of claims by the Owner ~ provided in Su~- paragraph 4.3,5. 9.10.4 Acceptance of final payment by the Contractor. a Sub- contractor or material supplier sba3 constitute a waiver claims by that payee except those previou.slv made in writing :md identified by that payee as unsettled at ~e time of Application tbr Payment. Such waivers shall be in addition :o the wmver described in Subparagraph 4,3.5. 18 A201-1987 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAv~;; '( PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taming :md. supervising aL! safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlofinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shaft not thereafter be resumed except by wntten agreement of the Owner and Contractor if in t~ct the material is asbestos or polychlormated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos pc pdiychlori- anted biphenyl (PCB), or when it has been mndescd harmless, by written agreement of the Owner and Contractor, or in accordance with final de[esrtlinarion by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to A~ide - to perform without consent any Work relating to asbestos or poiychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify, and hold harmless the Contractor, Architect. [ects consultants and agents and employees of any of ~hem from and agmnst clan-ns, cka'nages, losses and expenses, ,qdud- ing but not lhnited to attorneys' r~es, arising out of or resulting from performance of'the Work in the affected ~ea if in fact the material is asbestos or polychlorinated 1oiphenyt (PCB) and bas not been rendered harmless, provided that such claim, damage, Mss or expense is attributable to bodily injury, sickness, dise-,_se or death, or to mlury to or destruction of tangible property (othes than the Work itself} including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omtssions of the Owner. anyone directly or indirectly empk)yed by the Owner or anyone fur whose acts the Owner may be liable, regardless o( whether or not such claim, damage, toss or expense is caused in par[ by' a party indemnified hereunder. Such obligation ~ttali not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1 .~. 10.2 SA/-*= 1 '( OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reosonable precauuons tbr safety oL and shall provide re~onable protection co prevent d~mage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; ,2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site. .31 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, ruadways, 10.2,2 The Contractor shall give nouces and comply with applicable laws. ordiramces, rules, regulations and lawful orders o f public authorities bearing on safety of persons or property or their protecuon from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by e:dsting conditions and performance of the Contract, res. son- able safeguards for safety and protection, ~cludi.qg posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.~. When use or storage of explosives or other hazardous materzals or equipment or unasual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities urlder supervision of properly qualified personnel. 10.2.,5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.I.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor. or anyone directly or indirectly employed by any of them, or Dy anyone fbr whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2,1.2 and 10.2.1.3, except damage or loss attributable to acts or omisslor~s Of the Owner or Architect or anyone direcdy or indirectly employed by either of them. or by anyone for whose acrs rather of them may be liable, arid not attributable to the fault or negligence of the Contractor The i'bregding obligations of the Contractor ace in addition to the Contractor's obiigattons under Paragraph 3 i8. 10.2.6 The Contractor shall desiguate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner a_nd M'chitect. 10.2.~ The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at ~he Contractor's discretion, to pre- vent mreatened 'damage, :njury or loss. Additional compensa- tton or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph *.3 and .~rticte 7. ARTICLE 11 ' INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABIlITy INSURANCE ~ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the iunsdiction in which the Project is located such insurance as wlil protect the Contractor from claims set forth below which may ~rtse out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by :my of them, or by anyone for whose acts any of them ma5, he liable: .1 claims under wurkecs' or workmen's compensation, disability benefit and other swnilar employee benefit ac~s w~ch are applicable to ~e Work to ~ performed: A201-1987 19 .2 claims for damages because of bodily injury,, occupa- tional sickness or dise~e, or death of the Contractor's employees; .3 clan'ns for damages because of bodily injury, sickness or disease, or death of:my person other than the Con- tractor's employees; .4 claims for damages insured by mual personal iniury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person: .$ claims for damages, other than to the Work itself. became of in}ury to or destruction of tangthle prop- erty, including loss of use resulting therefrom; .8 claans for damages bemuse of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or we of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 318. t 1.1.2 The insurance required by Subparagraph i I. 1.1 shall he wraren tbr not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage ~s greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from dare of commencement of the Work until date of final payment and termination of any coverage required to be mrna- tinned alter final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by th~s Paragraph 11.1 shall contmn a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written nouce has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9. I fi.2. Information concermng reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S I lABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintmmng the Owner's mual liability msorance. Optionally, the Owner may purchase and maintain other insurance for self- protection against drams which may arise from operations under the Contract. The Contractor shall not be respomihle for purchasing and maintaining this optinnal Owners liability ~nsurance unless specifically required by the Contract Doctwnents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a ct)mpany or companies Iaw~lly authorized to do business in the iurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well :ks subsequent modifications thereto tbr the entire Work at the site on a replacement cost basis without vol- untaW deductibles. Such property insurance shall be main- or otherwise agreed in writing by ail persons and entitles who are beneficiaries of ~uch insurance, until final payment h~ been made ms provided in Paragraph 9.10 or until no person or cnt;ty other than the Owner has an insurable interest in the property required by this Paragraph l 1.3 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 Proper~y insurance shall be on an all-risk policy form and shall insure against the perils of Fu'e and ex'~ended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious m~schief, collapse, false- work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expense~ required ~ a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor ~n writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is dmmaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto, 11.3.1.3 If the property ~nsurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered became of such deductibles. If the Owner or insurer increases the required minunum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntarT deduc- tible amounts, ~e Owner shall be responsible for payment of the additional costs not covered became of such increased or voluntary deducribies, If deductibles are not identified.in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- value established in thc approval, and also portions of the Work 11.3.2 Boiler and Machinery Insurance. The-Owner shall required by the Contract Documents or by law. which shall specifically cover such insured objects dunng ins{afiation and until final acceptance by the Owner: this insurance shall include shall be maned insurecks. 11.3.3 Loan of Use Insurance. The Owner. at the Owner's ot the Owner's property, including consequential losses due 11.3.4 if the Contractor requests in writing that insurance for risks other than ihnse described herein or ~br other special b~z- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by approprmte Change Order. 20 A2.01-1987 All DO~aMENT &~.01 * GENERS. L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION 11.3,5 If during the Proiect construction period the Ovmer insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Proiect, or if after final payment prop- erty insurance ks to be provided on the completed Project through a policy or policies other than those insunng the Proj- ect during the construction period, the Owner shaft waive all r~ghts in accordance with the terms of Subparagraph 11.3.7 for damages cansed by fire or other perils covered by this separate property insurance. All separate policies shall provide this 11.3,6 Before an exposure to loss may occur, the Owner shall fiIe with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph ll.3, Each policy shall contmn all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project, Each policy shall contain a provision that the policy will not be cancelled or allowed to expire unnl at [e-'._st 30 c~ys' pr[or win- ten notice ha~s been given to the Contmcror. 11.;3.7 Waivers of Subrogation. The Owner and Contractor wmve ~ rights agaw~t (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- property ;nsurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work. except such rights as they have to proceed~ of such insurance held by the Owner as fiduciary. The Owner or Contractor, as approprmte, contractors described in 3a'tmle 6, if any, and the subcontrac- by appropriate agreements, written where legally required for erated herein. The policies shall provide such waivers of subro- 11.3.B A loss insured under Owner's property insurance sh.ail be adiusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subiect to requirements of any applicable mortgagee clause and of Subparagraph I 1.3.10. The Contractor shalI pay Subcontractors their just sh~es of insurance proceeds received by the Contractor, and by appropnate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in skmiiar 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall upon occurrence of an insured loss. gove bond tbr proper pertbrmance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit In a separate account prO- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the pm-ties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. [f a~ier such toss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust and senle a loss with insurers unless one of the parties in interest shall object m writing within five c~ys ~er occurrence of loss to the Owner's exercxse of this power; if such obiection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case. make setdement with insurers in accordance with directions of ~ch arbitrators. If distnbulion of insurance proceeds by arbitration ks required. the arbitrator5 will direct such distribution. 11.3.11 parrml occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing prope..-ry 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, 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the fight to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obliganons arising thereunder ~ stipu- lated in bidding reqmrements or spec~ficafly required in the 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covenng payment of obliga- furnksh a copy of the bonds or shall perma a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must. if required in writing by the Architect. be uncovered fur the A;chitect's obsev,'anon and be replaced at the Contractor's expense without change in the Contract Th'nc. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe pnor to its being covered, the ?ffchitect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordanee with the Contract Documents. costs of'uncover- ing and replacement shall, by appropriate Change Order. be charged to the Owner. If such Work is not in accordance with the Contract Documents. the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall prompdy correct Work reiected by the ?a'chitect or failing to conform to thc requirements of Substantial Completion and whether or not t;abrtcared, installed or completed. The Contractor shall bear costs of currecnng such reiected Work. including additional testing and anspec- expenses made necessary thereby. 12.2.2 It', within one year a~er the ~.te of Substantial Comple- tion of the Work or designated pothon thereof, or after the ditte A201-1987 21 rot commencement of warranties established under Sob- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Subsr. antial Completion by the period of time between Substan- dal Completion and the actual performance of the Work. This obligation under thks Subparagraph 12.2.2 shall survive accep- tuner of the Work under the Contract :md termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- d:mcr with paragraph 2.4. if the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' warren notice sell such materials mqd equipment at auction or at private sale and shall account for the proceeds thereof, aRer deducting costs and damages that should have been home by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor shodid have borne, the Contract Sum shall he reduced by the deficiency. [f payments then or thereafter due the Contractor are not sufficient to cover such awnount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not :n accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contmned in this paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor migiqt have under the Con- tract Documents. Establishment of the time penod 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 tfie time within which the obLigation to comply with the Contract Documents may he 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 [f 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 equitab{e. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13,1.1 The Contract shall be governed by the law of the place where the Project is locaredi 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives co the other party hereto and to partners, successors, assigns and legal representatives of such other par~y in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither par~y to the Contract shall assign the Contract ~ a whole w~diout wmren consent of the other. If either par/y attempts to mare such an assignment without such consent, that party shall nevertheless remain legally responsible for gl obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to ma officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail ~o the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and dghts and remedies avmlable thereunder shall be in addition to and not a limitation of duties, obligations, rights mad remedies otherwise wnposed or avadabie by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of anght or duty afforded them under the Contract. nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests. inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, roles, regulations or orders of public authorities having jurisdiction shall be made at an appropnate ome. Unless other- wise provided, the Contractor shall mare asrmagements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner. or with the appropriate puPlic authority, and shall hem' ali related costs of tests, inspections and approvals. The Contractor shall g:ve the Architect ttmely notice of when and where tests and trmpec- tions are to he made so the Architect may observe such proce- dures. The Owner shall Bear costs of tests, inspectious or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect. Owner ot public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph l 3.5.1, the Architect will, upon wnnen authortzation from the Owner, instruct the Contractor to make arrangements tbr such additional tesnng, inspection or approval by an entity acceptable to the Owner. and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 The Owner shaft be~zr such costs except as provided in Sub- paragraph 13.5.3. 13,6.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.6.4 Required certificates of testing, inspection or approval shaft, unless otherwise required by the Contract Documents, be secured by the Contractor and prompdy delivered to the Architect. 13.5.6 If the Architect is to observe tests, inspections or approvals required, by the Contract Documents. the Architect will do so promptly and, where practicable, ar the normal place of testing 13.5.6 Tests or inspeunons conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from tUne to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 ~ between the Owner and Contractor: .1 Before Substantial Completion. :~ to acts or fadures to act occurring prior rd dae relevant date of Substan- tial Completion, any applicable statute of limitations shoJll commence to run and any alleged cause of acuon shall be deemed to have accrued in any and ail events not later than such date of Substantial Completion; .2 Between Sul3stential Completion and Final Certifi- cate for Payment. ~ to acts or fmlures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certiti- cate for Payment. any applicable statute of limitations shall commence to run and any alleged cause of acnon shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 ARer Final Certificate for Payment. h.~ to acts or fmlures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of Iimitatlons shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or fmlure to act Dy the Contractor pursuant to :my warranty provided under Paragraph 3,5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2. or the date of actua/ commissure of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing pomons of the Work under contract with the Contractor, for any of the following reasons: .1 isstlance of an order of a court or other public anthor- Sty having junsdictlon; .2 an act of government, such ss a declararion o f national emergency, maYdng marenal unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph I4.3 constitute in the aggregate more than I00 percent of the total num- ber of days scheduled for completion, or 120 days aa any 365-day period, whichever is less; or .6 the Owner has failed to fiarmsh to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2. i. 14.1.2 If one of the above rea.sons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Commct and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner h~ persistently failed to ~lfill thc Owner's obliganons under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor'may, upon seven a0ditional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may termaaate the Contract if the Contractor: ': .1 persistently or repeatedly refuses or fails to supply enough properly skilled worRers or proper materials; .2 rails to m~e payment to Subcontractors for materials or labor in accordance with the respecuve agreements .3 persistently disregards laws. ordinances, or rules, reg- ulations or orders of a public authority having jurxs- diction; or .4 otherwkse is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons ernst, the Owner, upon certification by the Architect that sufficient cause exists to lus- DOCUMENT A201 · GENEKAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION ® * c~1987THEAMERIC--&N[NSTITUTEOFARCHITECTS, i735NEWYORK AVENUE, N.W, WASHINGTON, D C. S0OiRa A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subiect to any p~or fights of the surety: .1 rake possession or' the site and of all materials, equip- ment, tools, and construction eqmpment and machm- graph 5.4: and .3 t'mksh the Work by' whatever reasonable method the 14.5'.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not f'mlshed. 14.").4 If the unpaid balance of the Contract Sum exceeds costs of Finishing the Work, including compensation for the :krchi- Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the .M'chitect, upon appli- cation, and this obligation for payment shall survxve termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2,4aa adiustment sh',fll be made for increases in the cost of performance of the Contract. including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adiustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by mother cause for which the Contractor ks responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of perthrmance may have a mutually agreed fixed or percentage fee, 24 A201-1g87 WARNING: Unlicensed photocopying violates U.S. copyright law~ and is subjec~ to le(]al prosecution. 3/87 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: (OwnedContracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, and forever discharge the said (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. ,19 and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement'to be signed by its and its corporate seal to be .:~ hereto affixed and duly attested by its this day of ,19 __ - Attest: Principal: STATE STREET BULKHEAD REPLACEMENT K-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for BULKHEAD REPLACEMENT at STATE STREET - Skipper's Lane ORIENT NEW YORK 11957 STATE STREET BULKHEAD REPLACEMENT L-1 OVEqTZME !4.75 60% ~=,, 70% 75% 80% 85% 90% 95% HCL:DAYS: 8-740 =0% 50% 85% 90% ~/01/96- 8/90/96 Pi:eOr~ver .......... 9 2?.98 /emce¢ .... 25.50 SUPPLEMENTAL 6ENEEiTS:(¢ep mour worked) 7/01,'95~ 6/30/96 50% 55% 60% 65% 70% 75% GLAZIER ~AGES(pe¢ hour) 7/01/96- ~/60/96 HOLiDA¢S OVERTIME: See 8-r087 101'31/96 1013~/97 4/30/98 5/01/96- 4130/97 SUPP'_ p4ENTA L ..... 50% 80% 4-25m 30 mos 36 mos 54 mos 80 mos i~CNWCRKE~ I~ONWQRKER W~GES(per hour) 1/0~/96- 6130/96 Ornamental .......... $ 30.90 Chain Link Fenca ..... 30.90 7/01/93 2!.25 WAGES(~er mour) 6101196 Heavy/Hig~w&y Grou¢ ~ 2 ........... 50% 60% 70% 80% 90% 5UP°LEMENTAL EENEFZTS:(De¢ ~our worked) 95% 2.50 40% o¢ $11.46 50% of $11.46 $.50 per hr SUPPLEMENTAL 3ENEF;TS:(¢e¢ ~our ~orked) SUPPLEMENTAL ~ENEFSTS:(peP hour worked) 2/28/93- 4/27/94 S2.00 Der hr. ~OL:DAYS: OVErTiME: See ( 5, 6, ~, 10 ) on HOLZDAY PAGE. SUPmLE~ENTAL 6ENEF~TS:Iper hour worked) 6/30/94 SUPPLEMENTAL 8ENEF~T~:(sr hour ~orkeo) 9LUMBE~ 22.25 5 32,~0 -' - 200 h/OS/96- 15.00 !2.59 7/01/'96- ................................ :~E~ NIUmO e r' .......................... ,gaGES(per hour) 02/01/96 07/31/96 OVERTIME ~AY: See ( C, E2, O. ) om OVERTIME PAGE HOLIDAYS: PAZD: See ( 1 ) on HOLZDAY PAGE . OVERTIME: See ( 5, E, 7, 1~, 12 ) on HOLIDAY PAGE . SUPPLEMENTAL EENEF:TS:(pe¢ hour warned) Group 2 ........... 23.795 Sea ( E, 6. :0, !1, 12, 16 ) on HOLZDAY =AGE. OVERTZME: See { 5. 6, ¢0, 11, 12, 16 ) on HOLIDAY P&GE. 7/01/96- !2/31/96 2% J¢ gross wage plus 0.20 per hour workea 20% of gross wage plus ~ ~.00 oer cay paid plus 20% =¢ gross wage plus $ 6.C0 per day paid plus $ 0.20 per hour ~orkeO 3-230 7/01/95- ~ar~y Chie¢ ....... S 25.-6 8-~5Dc W~GES/per hour) 01/96- Or:iler ......... S 22.09 Helper . '~.77 CLASS "C": CLASS '0" -NO%e:SVERT:ME dGURNEfMAN St5.59 ** APPqENTZCE ~ 2 35 WAGES ( ~er hour ) ?/01/96- 5/31/97 Class "B ". ........... 28.22~ Class "0 ". .......... 25. ~0 WAGES(¢er ~our) 9/30/96 Class C: OVERTIME $ 0.75 EXTRA ) 4-25a NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national odgin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of-workers with which 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 wdting, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such wdtten agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. ~ The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. STATE STREET BULKHEAD REPLACEMENT M-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 the Owners representatives / counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause '?.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, matedal equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. 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 OwnedContracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation' with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). STATE STREET BULKHEAD REPLACEMENT M-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the 'Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, 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 origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time 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): STATE STREET BULKHEAD REPLACEMENT N-1 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated Facilities must be submitted pdor 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 pedod (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "Dudng 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. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated dudng 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 origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) (6) The contractor will fumish alt information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscdroination 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. STATE STREET BULKHEAD REPLACEMENT N-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Prqvid~=,d, hQw~ver, 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 Reauired Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each pdme 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 ser~es as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intentats 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. STATE STREET BULKHEAD REPLACEMENT N-3 1-12.805.4 Reports and Other Reauired Information (b) Requirements for bidders or prospective contractors. (1) (2) (3) Each agency shall require each bidder or prospective pdme 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 pdor to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. In any case in which a bidder or prospective phme 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 covedng 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 prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, 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. STATE STREET BULKHEAD REPLACEMENT N-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 1 00 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 Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, 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 o¢ materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. STATE STREET BULKHEAD REPLACEMENT N-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. Conti'acts shall contain such contractual provisions or conditions whic~ 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 cimumstancee beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bending requirements provided in Attachment B to this Circular. Ail 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 Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantae shall be required to have an affirmative action plan which dectares that it does not discdminata on the basis of race, color, religion, creed, national odgin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance ~ this requirement by contractors or subgrantaes and to assure that suspected or reported violations are promptly investigated. ' STATE STREET BULKH~D REP~CEMENT N-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the vadous classes of mechanics, workingmen, or laborers employed on the work. Section 220.3..e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropnate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hidng of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; ' (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under thi~; contract on account of race, creed, color or national odgin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day dudng which such person was discriminated against or intimidated in violation of the provisions of the contract; STATE STREET BULKHEAD REPLACEMENT N-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor, and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. STATE STREET BULKH~D REP~CEMENT N-8 SPECIFICATIONS for BULKHEAD REPLACEMENT PART 1 - GENERAL SPECIFICATIONS 1.01 GENERAL CONDITIONS A. The contractor shall supply all labor, materials, equipment and services necessary or required to complete the work. The contractor shall fully familiarize himself with existing site conditions. The locations of all underground utilities shall be verified prior to commencing work. Damage to existing utilities shall be repaired at the contractors expense. The contractor may store his materials and equipment on the work site but the Town of Southold will not be responsible for damage or theft of same. In the event that anything reasonable, necessary or proper for the complete performance of the work to produce a first class finished job, has not been described in these specifications clearly, through oversight or palpable error, the contractor shall, not withstanding, execute and provide all omitted works and things as if they were severally described, without extra charge and to the satisfaction of the Town's authorized representatives. The contractor shall be responsible for all construction facilities and temporary controls. These items would include all temporary electric, heat, telephone, water and sanitary facilities. Barricades shall be provided around all hazardous areas during construction and shall be maintained and lighted in accordance with all State and Local Code requirements. The contractor may submit substitutions for products specified herein, where such substitutions are allowed. Requests for substitutions shall be submitted with complete data necessary to substantiate compliance with the contract documents. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. No claims for additional costs related to substitutions will be allowed. The contractor is specifically advised that he shall be responsible for on-site safety in regard to his area of work and shall indemnify and hold harmless the Town of Southold and the Architect from any and all claims resulting from on-site accidents or safety conditions. STATE STREET BULKHEAD REPLACEMENT Page 1 The contractor shall be responsible for cleaning all work related debris generated during this project in a timely fashion. All debris generated at this site shall be deposited by the contractor at the Southold Town Collection Center at NO COST. All dredged spoil shall be inspected by the Town. All spoil deemed unsatisfactory for fill shall be removed from site and deposited by the contractor at the Southold Town Collection Center at NO COST. All dredged material deemed suitable for back fill shall remain on site. 1.02 RELATED DOCUMENTS: General provisions of the Contract, including General conditions and Supplementary Conditions, apply to work in this section. B. Project Site Plan and Typical Bulkhead Section drawing attached. 1.03 DESCRIPTION OF WORK: All new construction shall meet the minimum requirements of the Southold Town Trustees and the New York State Dept. Of Environmental Conservation. The work under this section shall consist of furnishing all labor, material, equipment and appliances necessary or required to perform and complete all work including but not limited to the following: A). B). Excavation of existing Bulkhead and Rip-Rap. 1. All existing bulkheads shall be removed where required to accommodate new construction. All demolition work shall be in such a manner as to limit the amount of damage to the existing pavement. Any unnecessary damage to the existing pavement surface shall be replaced by the contractor at no additional cost. 2. Existing Concrete Rip-Rap shall remain in place. The contractor shai~ move or relocate the existing Rip-Rap as required to accommodate the new construction. Upon completion, the Rip-Rap is to be replaced such that it protects the end of the Bulkhead and the shoulder of the road from erosion. 3. Existing Guard Rail shall be removed dudng construction and salvaged for re-installed by the contractor at the completion of the project. Installation of new Bulkhead. 1. Provide new Bulkhead as shown on the site plan. All new construction shall meet or exceed the items indicated on the typical bulkhead section. STATE STREET BULKHEAD REPLACEMENT Page 2 The new bulkhead shall be securely connected to the adjacent bulkhead on the east side of the new construction. Provide 6" x 6" x 4'-0" Long treated wood butt blocks with four (4) 4 3/4" diameter galvanized through bolts at each whaler connection. c). Installation of new filter fabric. 1. Provide new Poly "X" Filter Fabric over all new bulkhead sections. Fabric shall be continuous and extend from top of bulkhead to a minimum of two (2') feet below the existing mud line. All splices shall have a minimum overlap of two (2') feet. D). Removal of Debris. 1. All debris and dredge spoil generated from the proposed construction that is deemed to be unsuitable for fill shall be removed by the contractor and deposited at the Southold Town Collection Center. There will be no charge for material deposited at the town facility. E). Back fill. 1. The contractor shall utilize all suitable excavated material for back filling the new bulkhead. The Town of Southold will provide, and deliver to the site, all additional back fill material required to complete the project. 1.04 STANDARDS: All new construction shall comply with the following reference standards: 1. American Society of Civil Engineering Standard Practices. 1.05 CONTRACTOR QUALIFICATIONS: Contractor, upon request, must show evidence of the following qualifications: 1. A minimum of five (5) years continuous experience in bulkhead construction. 1.06 QUALITY ASSURANCE: The contractor shall be responsible for verifying all existing conditions and limitations. The extent of clearing and the amount of required excavatiO~ shall be verified by the contractor prior to submitting his bid. '~ The contractor shall be responsible for fully investigation the existing site conditions and shall be responsible for verifying all dimensions and quantities. STATE STREET BULKHEAD REPLACEMENT Page 3 1.07 DELIVERY STORAGE AND HANDLING: Delivery, storage and handling of equipment and bulkhead materials shall be in accordance with industry standards. 1.08 JOB CONDITIONS: 1.09 The road end shall be closed to the general public during the course of construction. The contractor shall be responsible for providing all necessary barricades and fencing to ensure public safety. Excavation and stockpiling of backfill material: 1). All stockpiling of excavation material shall be in an approved location immediately adjacent to the construction area. All stockpiles shall be protected with a continuous barrier of silt screen and hay bails to prevent silt from entering tidal waters. 2). The backfilling of the new bulkhead will not be permitted in freezing weather. 3). The contractor shall use all stockpiled fill material to backfill the new construction. All additional fill material required shall be delivered to the site by the Town of Southold. PERMITS: The Town of Southold has obtained construction permits from the New York State Department of Environmental Conservation. END OF SPECIFICATIONS STATE STREET BULKHEAD REPLACEMENT Page 4 1 - ~738- 00589/00002 ITYPE OF PERMIT I New REW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ~FFECTIVE DATE April 2, 1997 EXPIP~TION DATECS) Under the Environmental Conservation Law April 30, 2000 0 Renewal ~ Modification rl Permit to Construct F1 Permit to Operate Article 15, Title 5: Protection of Waters Article 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: Long Island Wells Article 15, Title 27: Wild, Scenic and Recreational Rivers 6NYCRR 608: Water Quality Certification Article 17, Titles ?, E: SPDES Article 19: Air Pollution Control Article 23, Title 27: Mined Land Reclamation Article 24: Freshwater Wetlands Article 25: Tidal WetLa~s Article 27, Title 7; 6NYCRR 360: Solid Waste Management Article 27, Title 9; 6NYCRR 37-5: Hazardous Waste Manageff~nt Article 34: Coastal Erosion Manage~nt Article 36: Flocx~plain Managennent Articles 1, 3, 17, 19, 27, 6RYCRR 380: Radiation Control Other: PERMIT ISSUED TO TELEPHONE NUMBER Town of Southold (516) 765-1892 ADDRESS OF PERMITTER Town Hall, Main Road, Southold, RY 11971 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER James McMahon NAME AND ADDRESS OF PROJECT/FACILITY End of SkiF~oers Lane, (State Street), Orient, NY 11957 LOCATION OF PROJECT/FACILITY CC~JNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Orient Harbor DESCRIPTION OF AUTHORIZED ACTIVITY Install 92 linear fe~t of timber bulkhead in place of existing bulkhead. New bulkhead will align with adjacent bulkhead to the east. Dredge 10~ off bulkhead to a depth of -4 MLW. Resultant 20 cubic yards shall be used as backfill. Existing non-functional stormwater outfall shall be r~ved. ALL work shall be done according to survey prepared by Tolm of So~thold revised January 13, I~7 and stamped NYSDEC Approved o~1 April 2, 1997. By acceptance of this permit, the permittee agrees that the permit is contingent ul~n strict c~liance with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of this permit m AUTBORIZED gIGNATURE ~) 61 DATE l'Insp~ctions GENEP~AL CONDITIONS The permitted site or facility, including relevant records, is subject to in- spection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such represen- tative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). A copy of this permit~ including all referenced maps. drawings and special conditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Permit Changes and Renewals 2. The Department reserves the right to modify, suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regula- tions is found: b) the permit was obtained by misrepresentation or failure to disclose relevant facts: c) new material information is discovered: or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms, fees or .supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. l~e permittee must submit a renewal application at least: a) !80 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES). Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF): and b) 30 days before expiration of all other permit types. Unless expressly provided for by the Department. issuance of this permit does not modify, supersede or rescind any order or determination perviously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. Other 6. Legal Obligations of Permittee l~ne permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of the project described in this permit and has agreed to indemnify and save harmless the State from suits. actions, damages and costs of every name and description resulting from this project. ~' 1S~is permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required for this project. Page 2 of 4 wa/ers or flood flows or endan§er the hea~th, safety or welfare of 25, 34 and 6 NYCRR Pad 608 ( TIDAL ~mTLANDS ) other environmentally deleterious rnatenals associated with the prolect An,/material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channeis or to the hanks of a waterway There shall be no unreasonable interference with navigation by the work herein authorized. 15 If upon the expiration or revocation of this permit, the 0roiect hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the s~te to its former condition. No claim shall be made against the State of New York on account of any such removal or aIteration 16 if granted under 6 NYCRR Part 608, the NYS Department of Environ- mental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302. 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) 0rovided that all of the conditions listed herein are met 17 All activities authorized by this perrmt must be in strict conformance with the approved plans submitted bv the applicant or his agent as part of the permit application Such approved plans were prepared by on SPECIAL CONDITIONS 1. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. Mo debris is permitted in tidal wetlands and or protected buffer areas. 2. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity. 3. Ail fill shall consist of "clean" sand, gravel, or soil (not asphalt, flyash, broken concrete or demolition debris). 4. Ail peripheral berms, cofferdams, rock revetments, seawalls, ~abions, bulkheads etc. shall be completed prior to placement of any fill material behind such structures. 5. There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or int° any tidal wetland or adjacent area. Supplementary Special Conditions (A) through (F) attached. 1-4738-00589/00002 PROGRAM/FACILiTY N U,'v~BE R .g~a-e 3 of 4 S L~ARY SPEC__~IAL CONDIT~S The following conditions apply to all Tidal Wetlands; Freshwater Wetlands; Coastal Erosion Management; and Wild, Scenic, and Recreational Rivers Permits: A copy of this permit, including all conditions and approved plans, shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the work site until all authorized work has been completed. The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its general, special, and supplementary special conditions. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address on page one or telephone (516) 444-0365. If project design modifications become necessary after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submission of a new application for permit. De At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a survey. For projects involving activities to be undertaken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to recommencing work in subsequent years. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services,'Tower Building, ~mpire State Plaza, Albany, NY 12242 (516) 474-2195, which may be required for any encroachment upon State-owned lands underwater. DEC Permit No. 1-4738-00589/00002 Page 4 of 4