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HomeMy WebLinkAboutGreenport Rchge Basin/Fish Pond ELIZABETH A. NEVILLE TOWN CLERK REGISTtLa~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Me. in Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 626 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 17, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes Su0ervisor Jean W. Cochran to execute an Agreement with Terry Contracting & Materials, Inc. for the furnishing of all labor, materials and e~luioment for the excavation, grading and hauling of material (aooroximatelv 6.500 cubic yards), at the bid 0rice of $110,000.00, all in accordance with the drawings and soecifications ore0ared by James Richter as 0art of the Route 25 Road Drainage Proiect, in conjunction with the NYS DOT, subject to the approval of the Town Attomey. Said project shall be payable from the Waterways Improvement capital funding. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTI~X~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town H~ll, 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 664 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25, 2001: WHEREAS the Town Board of the Town of Southold is considering the construction of a stormwater detention facility and fishpond with anticipated reimbursement of funds from the NYS Department of Transportation and with all necessary approvals obtained from the NYS Department of Environmental Conservation; now, therefore, be it RESOLVED that the Town Board declares itself to be the lead agency pursuant to SEQRA rules and regulations, 6 NYCRR 617.6(a)(4); and be it FURTHER RESOLVED that the Town of Southold, upon completion and review of the Short Environmental Assessment Form and attachments, prepared for this project and attached hereto, makes a determination of significance for this project, to be that there will be no significant adverse imoact on the environment and thereby issues a negative declaration oursuant to the SEORA rules and regulations, 6 NYCRR 617.7 et. seq. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD THIS 1S TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 664 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25, 2001: WHEREAS the Town Board of the Town of Southold is considering the construction of a stormwater detention facility and fishpond with anticipated reimbursement of funds from the NYS Department of Transportation and with all necessary approvals obtained from the NYS Department of Environmental Conservation; now, therefore, be it RESOLVED that the Town Board declares itself to be the lead agency pursuant to SEQRA rules and regulations, 6 NYCRR 617.6(a)(4); and be it FURTHER RESOLVED that the Town of Southold, upon completion and review of the Short Environmental Assessment Form and attaclmients, prepared for this project and attached hereto, makes a determination of sienificance for this oroiect, to be that there will be no significant adverse imOact on the environment and thereby issues a negative declaration oursuant to the SEORA rules and reeulations, 6 NYCRR 617.7 et. seq. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTI:~XA~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Ha/l, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 664 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25, 2001: WHEREAS the Town Board of the Town of Southold is considering the construction of a stormwater detention facility and fishpond with anticipated reimbursement of funds from the NYS Department of Transportation and with all necessary approvals obtained from the NYS Department of Environmental Conservation; be it therefore RESOLVED that the Town Board declares itself to be the lead agency pursuant to SEQRA rules and regulations, 6 NYCRR 617.6(a)(4); and further be it RESOLVED that the Town of Southold, upon completion and review of the Short Environmental Assessment Form and attachments, prepared for this project and attached hereto, makes a determination of significance for this oroiect, to be that there will be no significant adverse imoact on the environment and thereby issues a negative declaration oursuant to the SEQRA rules and regulations, 6 NYCRR 617.7 et. seq. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 626 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 17, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to execute an Al~reement with Terry Contracting & Materials, Inc. for the furnishing of all labor, materials and ecluipment for the excavation, I.,rading and hauling of material (aooroximatelv 6.500 cubic yards), at the bid price of $110,000.00~ ali in accordance with the drawinRs and soecifications orepared bv James Richter as oart of the Route 25 Road DrainaRe Project, in conjunction with the NYS DOT, subject to the approval of the Town Attorney. Said project shall be payable fi.om the Waterways Improvement capital funding. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS ~AGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT TIqE FOLLOWING RESOLUTION NO. 625 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 17, 2001: RESOLVED that the Town Board of the Town of Southold hereby accents the bid of Terr~ Contracting, & Materials, Inc., the lowest and sole bidder for the furnishin~ of all labor, materials and eauioment for the excavation, ~radimt and haulin~ of material (aooroximatelv 6,500 cubic yards} in accordance with the drawin~ and soecifieations oreoared by James Richter. as oart of the Route 25 Road Drainaee Proiect, in conjunction with the NYS DOT, not to exceed $110,000. O0 Elizabeth A. Neville Southold Town Clerk RESOLVED that the Town Board of the Town of Southold hereby accepts the low bid for the furnishing of all labor, materials and equipment for the excavation, grading and hauling of material (approximately 6,500 cubic yards) in accordance with the drawings and specifications prepared by James Richter, as part of the Route 25 Road Drainage Project, in conjunction with the NYS DOT, not to exceed $140,000. Southold Town Board Meeting: September 11, 2001 If you have any questions on the above, please contact Jim McMahon. RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to sign an Agreement with the low bidder for the furnishing of ali labor, materials and equipment for the excavation, grading and hauling of material (approximately 6,500 cubic yards) in accordance with the drawings and specifications prepared by James Richter, as part of the Route 25 Road Drainage Project, in conjunction with the NYS DOT, not to exceed $140,000, subject to the approval of the Town Attorney. Southold Town Board Meeting: September 11, 2001 If you have any questions on the above, please contact Jim McMahon. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~x (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID ON EXCAVATION & GRADING OF RECHARGE BASIN & F/SH POND Greenport Information Center, State Route 25, Greenport, New York 11944 BID OPENING: 10:00 A.M., THURSDAY, SEPTEMBER 13, 2001 ONE (1) BID ONLY RECEIVED. I. Terry Contracting & Materials, Inc. 840 West Main Street Riverhead, New York 11901 $110,000.00 FAX COVER SHEF'~ NEW YORK STATE ~EPARTMENT OF TRANSPORTATION REGION 10 DATE: TO: FROM: New York State Office Bldg, Fax: (631) 952- 6120 Hauppauge, N.Y. 11788 Phone: (631) 952 ~ 6108 NUMBER OF PAGES INCLLrDING COVER: OPdGINAL WILLF~VILL NOT BE FOR\VAPd3ED September I l, 2001 STATE OF NEW YORK DEPAF{TMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY ~-IauPPAUGE, N,Y, ! I788 JOSEPH H BOARDMAN COMMISSIONER Town Hall P.O. Box 1179 Southold, NY 11971 Attn: Ms. Jean W. Coc~an Town Supervisor Dear Ms. Cochran: Mitigation oflmpicts to Surface Waters in tho Town of Southold, PIN 0041.99 Reference is made to the Memorandum of Understanding dated March 8, 1999, between the Town of Southold, New York, and the New York State Department of Transportation (NYSDOT) regarding Moore's Drain. NYSDOT will prepare and enter into a formal agreement with the Town of Southold to advance a portion of the work therein described, which briefly entails excavation and disposal of soil. The reason for advancing this portion of the project at this time, is to save approximately $250,000 to the State in transport and disposal costs by using the Town's landfill before it is permanently closed to dmnping on October 1, 2001. This agreement will allow the State to reimburse the Town for the following scope of work (subject to NYS Department ofEnvironmental Conservation's (NYSDEC) approval): The initial excavation and disposal of approximately 650(} cubic yards of non-hazardous contaminated soil within the footprint of the proposed stormwater detention facility / Town Pond. This work w/ll also include temporary erosion and sediment oonlrol, slope stabilization via grading and seeding, and fencing as appropriate for safety purposes. If you have any fimher questions, you may contact Mar/anne Kost of my staff at (631) 952-1584. Very truly yours, DAVID RETTIG, P.E. Planning & Program Manager Attachment BID OF: Terry ~_ntractin~ & Materials. Inc. PROJECT DESCRIPTION EXCAVATION, GRADING AND HAULING For the construction of a RECHARGE BASIN & PERMANENT FISH POND State Route 25, Greenport, New York 11944 This Project includes the excavation and hauling of approximately six thousand five hundred (6,500 C.Y. +/-) cubic yards of material from the Greenpod Site. Pood areas shall be excavated below the water table and dewatering of material prior to transportation shall be the contractor's responsibility. A clay layer exists approximately four to five feet below grade. This layer is the apparent bog or wetland area previously filled long agb. The fill above this layer is classified by the Department of Environmental Conservation as non-hazardous regulated waste and must be delivered to the Town Landfill located on County Rte. 48 in Cutchogue. The contractor shall accept all actual existing local, on-site and subsurface conditions which may differ or vary from the information contained within the contract documents, without additional compensation. Contractor is cautioned that soil, rock, concrete debris, muck, bog or water may vary widely with regard to elevations or composition. Obstructions both natural and man- made may also be encountered. The contractor shall estimate the influence of such features from his own inspection of site, and be incorporated as part of this work. All work required to relocate existing trees at the site shall be the responsibility of the Town of Southold. REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT @ THE SOUTHOLD TOWN ENGINEERING DEPARTMENT: Attention: James A. Richter, PA, (631) 765 - 1560 Southold Town Hall 53095 Main Road Southold, New York 11971 The foregoing project description is provided for general information only. It is not a part of the contract documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings contained herein. 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 equipment, tools, 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 delive.red 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. 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 d%-uments or should he be ]~i doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. C. PUBLIC OPENING OF PROPOSALS Proposals will be' opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. D. 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". Excavation & Grading / Recharge Basin & Fish Pond B-1 The Town will either award the project or reject all proposals received within five (5) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract as stipulated herein. E. 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. F. 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 having interlineations, erasure or corrections may be rejected. G. 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. H. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within five (5) 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. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work immediately after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work on or before October 1, 2001. Excavation & Grading / Recharge Basin & Fish Pond B-2 PROPOSAL FORM Date: NAME of BIDDER: Telephone: '~Z_.- '~ ~/~, TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties .interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all' respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: September 4, 2001, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: ._acknowledgement of addenda~_ and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination office proposed work, and by' ~'u~ch other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: EXCAVATION, GRADING AND HAULING For the construction of a RECHARGE BASIN & PERMANENT FISH POND - Greenport, New York 11944 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, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will' start the work as directed by the Town, he will accept, in full payment thereof as listed below: Excavation & Grading / Recharge Basin & Fish Pond D-1 FURNISH ALL LABOR & EQUIPMENT FOR THE EXCAVATION, GRADING AND HAULING OF APPROXIMATELY SIX THOUSAND FIVE HUNDRED (6,500 C.Y.) CUBIC YARDS OF MATERIAL. THE CONTRACTOR SHALL ACCEPT ALL ACTUAL EXISTING LOCAL, ON-SITE AND SUBSURFACE CONDITIONS WHICH MAY DIFFER OR VARY FROM THE INFORMATION CONTAINED IN THE CONTRACT DOCUMENTS AND SHALL PROVIDE TOTAL EXCAVATION OF ALL MATERIALS ENCOUNTERED, TO EXCAVATE & CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABO~/E 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 within the five (5) 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. 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. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: /¢~,,v~- Dated: Signature of Bidder: Telephone Number: Date: Bidders Address: Excavation & Grading / Recharge Basin & Fish Pond 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 contsln 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 disclo.sed 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 (Name of signatory) V (N"4'me of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: EXCAVATION, GRADING AND HAULING For the construction of a RECHARGE BASIN & PERMANENT FISH POND, Greenport, New York 11944 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-(I) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct ~ ~ copy of the resoluflon adopted by --'~'~v-~-~_ ~'>','~'~-~"~'/.-'~ =~-'//~+,~/~4 /_.4-vc ~ corporation at a meeting of the /~V' ~'~/,.-~ Board of Directors, held on the ~' 7~ day of , ,20 4~ / , (SEAL OF THE CORPORATION) Laws of New Yark, t965 Ch. 75t, Sec. t03-d, as amended & effective or~ September t, t965. Excavation & Grading I Recharge Basin & Fish Pond: 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: Certifies that: 1. BIDDER'S CERTIFICATION (Bidder) It intends to use the followin~ listed construction trade~ in the work under the contract A. As to fl'lose 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: op,.¢~"¢¢)'~ ~¢~ ~.~p,~v~) tL /...,'¢~,.~¢,~ and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non- state) in the afore-mentioned area subject to these Bid Conditions, these trades being: It will obtain from each of Its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. ~ ; Representative of Bidder) (Signature ~ed Excavation & Grading / Recharge Basin & Fish Pond F-1 NON-COLLUSIVE BID CERTIFICATE The undersig~ed bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening &the bid. (Corporate Title) (if any) Company Address Bid on the Excavation, Grading and Hauling for the construction of a recharge basin and permanent fishpond. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 20, 2001 Robert Terry Terry Contracting & Materials, Inc. 840 West Main St Riverhead NY 11901 Dear Mr. Ten'y: Congratulations. The Southold Town Board, at its regular meeting of September 17, 2001, accepted the bid of Terry Contracting and Materials, Inc. for excavation, grading and hauling of materials of the Recharge Basin and Fish Pond on Route 25, Greenport. A certified copy of this resolution is enclosed. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk ~jc Enclosure cc: J. McMahon J. Richter Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOVONG RESOLUTION NO. 625 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 17, 2001: RESOLVED that thc Town Board of thc Town of Southold hereby acce0ts the bid of Terry Contracting &Materials, Inc.~ the lowest and sole bidder for the furnishin~ of all labor, materials and ecluioment for the excavatlon~ grading and haulin£ of material (a0proximatelv 6,500 cubic yards) in accordance with the drawings and s0ecifications 0repared bv James Richter~ as 0art of the Route 25 Road Drainage Pro|ect, in conjunction with the NYS DOT, not to exceed $140,000. Elizabeth A. Neville Southold Town Clerk AMENDED RESOLUTION SEPTEMBER 11, 2001 V - 625 RESOLVED that the Town Board of the Town of Southold hereby acce~ts the bid of Terry Contracting & Materials, Inc., the lowest and sole bidder for the furnishing of all labor, materials and e~uioment for the excavation, ~rading and haulin~ of material (aol~roximatelv 6,500 cubic yards) in accordance with the drawings and specifications ,repared by James Richter, as ~art of the Route 25 Road Drainage Project, in conjunction with the NYS DOT, not to exceed $140,000. RESOLVED that the Town Board of the Town of Southold hereby accepts the low bid for the furnishing of all labor, materials and equipment for the excavation, grading and hauling of material (approximately 6,500 cubic yards) in accordance with the drawings and specifications prepared by James Richter, as part of the Route 25 Road Drainage Project, in conjunction with the NYS DOT, not to exceed $140,000. Southold Town Board Meeting: September 11, 2001 If you have any questions on the above, please contact Jim McMahon. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southald, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID ON EXCAVATION & GRADING OF RECHARGE BASIN & FISH POND Greenport Information Center, State Route 25, Greenport, New York 11944 BID OPENING: 10:00 A.M., THURSDAY, SEPTEMBER 13. 2001 ONE ¢1) BID ONLY RECEIVED. 1. Terry Contracting & Materials, Inc. 840 West Main Street Riverhead, New York 11901 $110,000.00 FAX COVER SHEE~ NEW YORK STATE ~;EPARTMENT OF TRANSPORTATION REGION 10 New York State Office Bldg. Hauppauge, N,Y. 11788 Fax: (631) 952- 6120 DATE: ~ ~/~9 / TO: FROM: Phone: (631) 952 - 6108 FAX# -TZ~ NUIVI13ER OF PAGES INCLUDING COVER: ORIGINAL WILL~VILL NOT BE FORWARDED September 11, 2001 STATE OF NEW YORK DEPAF[TMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY I-IAUPPAUGE, N,Y, 11788 Town Hall P.O. Box 1179 Southold, NY 11971 Att-n: Ms. Jean W. Cochran Town Supervisor De~ Ms. Cochran: Mitigation of Impacts to Surface Waters in thc Town of Southold, PIN 004l .99 Reference is made to the Memorandmn of Understanding dated March 8, 1999, between the Town of Southold, New York, and the New Yod~ State Department of Transportation (NYSDOT) regarding Moore's Drain. NYSDOT will prepare and enter into a formal agreement with the Town of Southold to advance a portion of the work therein described, which briefly entails excavation and disposal of soil. The reason for advancing this portion of the project at this time, is to save approximately $250,000 to the State in transport and disposal costs by using the Town's landfill before it is permanently closed to dmr~ping on October 1, 2001. This agreement will allow the State to reimburse the Town for the following scope of work (subject to NYS Department ofEnvironmental Conservation's 0'4YSDEC) approval): The initial excavation and disposal of approxhnately 6500 cubic yards of non-hazardous contaminated soil within the footprint of the proposed stormwater detention facility / Town Pond. This work will also include temporary erosion and sediment conlrol, slope stabilization via grading and seeding, and fencing as appropriate for safety purposes. If you have any fi~rther questions, you may contact Marianne Kost of my staffat (631) 952-1584. Very truly yours, DAVID RI~TTIG, P.E. Planning & Program Manager Attachment BID OF: Terry C~ractin~l & Materials. PROJECT DESCRIPTION EXCAVATION, GRADING AND HAULING For the construction of a RECHARGE BASIN & PERMANENT FISH POND State Route 25, Greenport, New York 11944 This Project includes the excavation and hauling of approximately six thousand five hundred (6,500 C.Y. +/-) cubic yards of material from the Greenport Site. Po.nd areas shall be excavated below the water table and dewatering of material pdor to transportation shall be the contractor's responsibility. A clay layer exists approximately four to five feet below grade. This layer is the apparent bog or wetland area previously filled long agb. The fill above this layer is classified by the Department of Environmental Conservation as non-hazardous regulated waste and must be delivered to the Town Landfill located on County Rte. 48 in Cutchogue. The contractor shall accept all actual existing local, on-site and subsurface conditions which may differ or vary from the information contained within the contract documents, without additional compensation. Contractor is cautioned that soil, reck, concrete debris, muck, bog or water may vary widely with regard to elevations or composition. Obstructions both natural and man- made may also be encountered. The contractor shall estimate the influence of such features from his own inspection of site, and be incorporated as part of this work. All work required to relocate existing trees at the site shall be the responsibility of the Town of Southold. REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT @ THE SOUTHOLD TOWN ENGINEERING DEPARTMENT: Attention: James A. Richter, RA (631) 765 - 1560 Southold Town Hall 53095 Main Road Southold, New York 11971 The foregoing, project description is provided for general information only. It is not a part of the contract documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings contained herein. 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 equipment, tools, 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 delive.red 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. 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, .g, pecifications, 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. C. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. D. 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". Excavation & Grading / Recharge Basin & Fish Pond B-1 The Town will either award the project or reject all proposals received within five (5) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract as stipulated herein. E. 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. F. 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 having interlineations, erasure or corrections may be rejected. G. 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. H. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within five (5) 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. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work immediately after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work on or before October 1,2001. Excavation & Grading / Recharge Basin & Fish Pond B-2 PROPOSAL FORM Date: NAME of BIDDER: Telephone: '~Z. "7 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: September 4, 2001, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: ~acknowledgement of addend_a 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 Sbch 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: EXCAVATION, GRADING AND HAULING For the construction of a RECHARGE BASIN & PERMANENT FISH POND - Greenport, New York 11944 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, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will' start the work as directed by the Town, he will accept, in full payment thereof as listed below: Excavation & Grading / Recharge Basin & Fish Pond D-1 FURNISH ALL LABOR & EQUIPMENT FOR THE EXCAVATION, GRADING AND HAULING OF APPROXIMATELY SIX THOUSAND FIVE HUNDRED (6,500 C.Y.) CUBIC YARDS OF MATERIAL. THE CONTRACTOR SHALL ACCEPT ALL ACTUAL EXISTING LOCAL, ON-SITE AND SUBSURFACE CONDITIONS WHICH MAY DIFFER OR VARY FROM THE INFORMATION CONTAINED IN THE CONTRACT DOCUMENTS AND SHALL PROVIDE TOTAL EXCAVATION OF ALL MATERIALS ENCOUNTERED, TO EXCAVATE & CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (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 within the five (5) 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. 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. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Telephone Number: Date: Bidders Address: Excavation & Grading / Recharge Basin & Fish Pond D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section t03-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 dlsclo.sed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or Indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to Induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained In this certification, and under the statements contained In this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing In Its behalf. C. That attached hereto (if a corporate bidder) Is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that ,~,~/~/'~ ~,~,v,~f °f,~/--~4~/~,~ ' "!~ ~¢~be authorized to sign and submit the bid or proposal of this corporation for the following Project: EXCAVATION, GRADING AND HAULING For the construction of a RECHARGE BASIN & PERMANENT FISH POND, Greenport, New York 11944 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ~'~/o--/. ,20 ~ /, (SEAL OF THE CORPORATION) Lews of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Excavation & Grading / Recharge Basin & Fish Pond: E-I NFW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: Certifies that: 1. BIDDER'S CERTIFICATION (Bidder) It intends to use the followin~ listed construction trade~ in the work under the contract A. As to ~ose trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the: Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: B. As to those trades for which it is required by these Bid Conditions to comply with Pa~ II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Pa~ II, for all construction work (both state and non- state) in the afore-mentioned area subject to these Bid Conditions, these trades being: It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor cedification required by these Bid Conditions. (Signature df fu~J~rized Representative of Bidder) Excavation & Grading / Recharge Basin & Fish Pond F-1 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) Company Address Bid on the Excavation, Grading and Hauling for the construction of a recharge basin and permanent fishpond. RESOLUTION SEPTEMBER ! 1, 2001 V - 625 RESOLVED that the Town Board of the Town of Southold hereby accepts the low bid for the furnishin~ of all labor, materials and etluipment for the excavation, ~radine and haulin~ of material (aporoximatelv 6,500 cubic yards) in accordance with the drawines and specifications oreoared by James Richter, as part of the Route 25 Road Drainaee Proiect, in conjunction with the NYS DOT, not to exceed $140,000. RESOLVED that the Town Board of the Town of Southold hereby accepts the low bid for the furnishing of all labor, materials and equipment for the excavation, grading and hauling of material (approximately 6,500 cubic yards) in accordance with the drawings and specifications prepared by James Richter, as part of the Route 25 Road Drainage Project, in conjunction with the NYS DOT, not to exceed $140,000. Southold Town Board Meeting: September 11, 2001 If you have any questions on the above, please contact Jim McMahon. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 626 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 17, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes Suoervisor Jean W. Cochran to execute an Agreement with Terry Contracting & Materials, Inc. for the furnishing of all labor, materials and etluioment for the excavation, gradin~ and hauling of material (aooroximatelv 6.500 cubic yards), at the bid orice of $110,000.00, all in accordance with the drawings and soecifications Oreoared bv James Richter as oart of the Route 25 Road Drainage Proiect, in conjunction with the NYS DOT, subject to the approval of the Town Attorney. Said project shall be payable from the Waterways Improvement capital funding. Elizabeth A. Neville Southold Town Clerk A M E N D E D V - 626 RESOLUTION SEPTEMBER 25, 2001 RESOLVED that thc Town Board of the Town of Southold hereby authorizes Suoervisor Jean W. Cochran to execute an Agreement with Terry Contracting & Materials, Inc. for the furnishing of all labor~ materials and eauioment for the excavation, grading and hauling of material (a0nroximateiv 6.500 cubic yards}, at the bid orice of $110~000.00, all in accordance with the drawin~ and soecifications oreoared by James Richter as oart of the Route 25 Road Drainaee Proiect, in conjunction with the NYS DOT, subject to the approval of the Town Attorney. RESOLUTION SEPTEMBER 11, 2001 V - 626 RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean w. Cochran to si~n an Aereement with the low bidder for the furnishing of all labor, materials and eauinment for the excavation, ~radine and haulin~ of material (approximately 6,500 cubic yards) in accordance with the drawings and specifications 0repared bv James Richter, as part of the Route 25 Road Drainage Proiect, in conjunction with the NYS DOT, not to exceed $140,000, subject to the approval of the Town Attorney. RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Jean W. Cochran to sign an Agreement with the low bidder for the furnishing of all labor, materials and equipment for the excavation, grading and hauling of material (approximately 6,500 cubic yards) in accordance with the drawings and specifications prepared by James Richter, as part of the Route 25 Road Drainage Project, in conjunction with the NYS DOT, not to exceed $140,000, subject to the approval of the Town Attorney. Southold Town Board Meeting: September 11, 2001 If you have any questions on the above, please contact Jim McMahon. FAX COVER SHEET NEW YORK STATE )EPARTMENT OF TRANSPORTATION REGION 10 New York State Office Bldg. Hauppauge, N.Y, 11788 Fax: (631) 952 - 61,'!_0 Phone: (631) 952 - 6108 DATE: ~/~/ TO: FROM: FAX# NUMBER OF PAGES INCLUDING COVER: ORIGI2q'AL WILLD,VILL NOT BE FORWARDED September I 1, 2001 STATE OF NEW YORK DEPaFITMENT Of TRANSPORTATION VETErANs MEMORIAL HIghwaY t-IAUPPAUGE, N.Y. ! 1788 Town Hall P.O. Box 1179 Southold, NY 11971 Att'n: Ms, Jean W. Cochran Town Supervisor Dear Ms. Cochran: Mitigation of Impacts to Surface Waters in the Town of Southold, PIN 004l .99 Refercncc is made to the Memorandum of Understanding dated March 8, 1999, between the Town of Southold, New York, and the New York State Department of Transportation (NYSDOT) regarding Moore's Drain. NYSDOT will prepare and enter into a formal agreement with the Town of Southold to advance a portion of the work therein described, which briefly entails excavation and disposal of soil. The reason for advancing this portion of the project at this time, is to save approximately $250,000 to the State in transport and disposal costs by using the Town's landfill before it is permanently closed to dumping on October 1, 2001. This agreement will allow the State to reimburse the Town for the following scope of work (subject to N¥S Department of Environmental Conservation's (NYSDEC) approval): The initial excavation and disposal of approximately 6500 cubic yards of non-hazardous contaminated soil within the footprint of the proposed stormwater detention facility / Town Pond. This work w/il also include temporary erosion and sediment conlrol, slope stabilization via grading and seeding, and fencing as appropriate for safety purposes. If you have any fi~rther questions, you may contact Marianne Kost of my staffat (631) 952-1584. Very truly yours, DAVID RETTIG, P.E. Planning & Program Manager Attachment ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID ON EXCAVATION & GRADING OF RECHARGE BASIN & FISH POND Greenport Information Center, State Route 25, Greenport, New York 11944 BID OPENING: 10:00 A.M., THURSDAY. SEPTEMBER 13, 2001 ONE (]) BID ONLY RECEIVED. 1. Terry Contracting & Materials, Inc. 840 West Main Street Riverhead, New York 11901 $110,000.00 BIDDER: TERRY CON~CTING & MATERIALS, INC. PROJECT DESCRIPTION EXCAVATION, GRADING AND HAULING For the construction of a RECHARGE BASIN & PERMANENT FISH POND State Route 25, Greenport, New York 11944 This Project includes the excavation and hauling of approximately six thousand five hundred (6,500 C.Y. +/-) cubic yards of material from the Greenport Site. Popd areas shall be excavated below the water table and dewatering of material pdor to transportation shall be the contractor's responsibility. A clay layer exists approximately four to five feet below grade. This layer is the apparent bog or wetland area previously filled long ago. The flu above this layer is classified by the Department of Environmental Conservation as non-hazardous regulated waste and must be delivered to the Town Landfill located on County Rte. 48 in Cutchogue. The contractor shall accept all actual existing local, on-site and subsurface conditions which may differ or vary from the information contained within the contract documents, without additional compensation. Contractor is cautioned that soil, rock, concrete debds, muck, bog or water may vary widely with regard to elevations or composition. Obstructions both natural and man- made may also be encountered. The contractor shall estimate the influence of such features from his own inspection of site, and be incorporated as part of this work. All work required to relocate existing trees at the site shall be the responsibility of the Town of Southold. REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT @ THE SOUTHOLD TOWN ENGINEERING DEPARTMENT: Attention: James A. Richter, RA (631) 765 - 1560 Southold Town Hall 53095 Main Road Southold, New York 11971 The foregoing project description is provided for general information only. It is not a part of the contract documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings contained herein. 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 pdce for which he proposed: to furnish all equipment, tools, 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 wdting 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. 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 Amhitect who may issue a written instruction to all bidders. C. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. D. 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". Excavation & Grading / Recharge Basin & Fish Pond B-1 The Town will either award the project or reject all proposals received within five (5) days after the formal opening of proposals. The acceptance of a proposal will be a notice in wdting signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract as stipulated herein. E. 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. F. REJECTION OF PROPOSALS The Town reserves the dght 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 having interlineations, erasure or corrections may be rejected. G. 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. H. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within five (5) 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. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work immediately after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work on or before October 1, 2001. Excavation & Grading / Recharge Basin & Fish Pond B-2 PROPOSALFORM Date: NAME of BIDDER: Telephone: '~. -? O/~c> TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: September 4, 2001, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: EXCAVATION, GRADING AND HAULING For the construction of a RECHARGE BASIN & PERMANENT FISH POND - Greenport, New York 11944 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, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will' start the work as directed by the Town, he will accept, in full payment thereof as listed below: Excavation & Grading / Recharge Basin & Fish Pond D-1 FURNISH ALL LABOR & EQUIPMENT FOR THE EXCAVATION, GRADING AND HAULING OF APPROXIMATELY SIX THOUSAND FIVE HUNDRED (6,500 C.Y.) CUBIC YARDS OF MATERIAL. THE CONTRACTOR SHALL ACCEPT ALL ACTUAL EXISTING LOCAL, ON-SITE AND SUBSURFACE CONDITIONS WHICH MAY DIFFER OR VARY FROM THE INFORMATION CONTAINED IN THE CONTRACT DOCUMENTS AND SHALL PROVIDE TOTAL EXCAVATION OF ALL MATERIALS ENCOUNTERED, TO EXCAVATE & CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (written In numbers) And he fudher agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town within the five (5) 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. 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. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: .,~.4~. Dated: Signature of Bidder: Telephone Number: Date: Bidders Address: Excavation & Grading / Recharge Basin & Fish Pond 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 disclo.sed by the bidder and will not k~owingly 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 (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: ~ be EXCAVATION, GRADING AND HAULING For the construction of a RECHARGE BASIN & PERMANENT FISH POND, Greenport, New York 11944 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perJury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ~</o~/. ,20 ~> / , (SEAL OF THE CORPORATION) L~ws of New York, 1965 Ch. 751, Sec. 103-d, as amended & effective on September 1, 1965. Excavation & Grading / Recharge Basin & Fish Pond: E-I NEW YORK STATE AFFIRMATIVF 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 trade~ in the work under the contract ,~ ~__~ ~o~-~..~' x¢~./~ ~~¢ r~ ~ ~r~and. A. As to ~ose trades set fo~h in the pre.ding paragraph one hereof for which it is eligible under Pa~ 1 of these Bid Conditions for pa~icipation in the: Nassau-Suffolk County Plan It will comply with the said County area within the s~pe of ~verage of that Plan, those trades being: o~*~ )~ r~W~5) + ~~ and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Pad II of these Bid Conditions, it adopts the minimum minori~ man-power utilization goals and the specific affirmative action steps contained in said Pa~ II, for all construction work (both state and non- state) in the afore-mentioned ama subject to these Bid Conditions, these trades being: It will obtain from each of its subcontractors and submit to the contra~ing or administering agency prior to the award of any subcontra~or under this contract the subcontractor ce~ification required by these Bid Conditions. (Signature df %uzthdrized Representative of Bidder) Excavation & Grading / Recharge Basin & Fish Pond F-1 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) , (Corporate Title) (if any) Company Address Bid on the Excavation, Grading and Hauling for the construction of a recharge basin and permanent fishpond. LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY G1VEN. in accordance with the provisions of Section 103 of the General Municipal Law. that sealed bids are sought and requested for the Excavation, Grading and Hauling for the con- struction of a recharge basin and per- manent fishpond. The Town seeks bids for furnish- ing all of the tabor, materials and equipment as specified in the bid documents for the excavation, grad- ing and hauling of material {approxi- mately 6,500 cubic yards) in accor- dance with the drawings and specifi cations prepared by James A. Richter, R.A., Southold Town Engineering Department. Bid specifications may be picked up at the Town Clerk's office, 53095 Main Road. Southold, New York, Monday through Friday from 8:00 a.m. to 4:00 p.m. A nonrefundable fee of $5.00 made payable to the Southold Town Clerk will be required for a copy of the bid specifi- cations. The sealed bids, together with a Non-Collusive Bid Certificate will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall 53095 Main Roa& Southold, New York, until 10:00 a.m., Thursday, September 13, 2001, at which time they will be opened and read aloud in public. The Town Board of the Town of Somhold reserves the right to reject any and all bids and waive any and all informali- ties 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 the Excavation, Grading and Hauling for Recharge Basin & Fishpond"~ and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: August 3L 2001 ELIZABET}t A. NEVILLE SOUT.[tOLD TOWN CLERK ~035-1TS6 STATE OF NB/V YORK) )SS: COUNTY OF SUFFOLK) cou~unn~, ~.~L~Ot~'~ of Mattituck, in said being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished 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 pdnted copy, has been regularly pub- lished in said Newspaper once each week for ~ weeks successively, commencing on the ~ day of Notary Sworn to before me this {,t2 day of%_ ,~..¢[ - 20_0_01 ELIZABETH A. NEVILLE TOWN CLERK REGISTI{AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southald, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 613 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for bids for the removal of soil to create a oond for drainal/e on the North Side of Route 25 West of Pipes Creek. Elizabeth A. Neville Southold Town Clerk 31/08 '01 FRI 15:0§ FAX 516 765 6145 SOUTHOLD CLERK ~]00] TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T POS. SENT RESULT 2783 2983287 Suffolk Times 31/08 15:08 01'02 2 OK ELIZABETH A. NEVILLE TOWN CLERK KF~GISTRAR OF VYI'AI. STATISTICS MARRIAGE OFFICEi~ RECORDS MANAOEM ENT OFFICER FI~.~DOM OF INFORMATION OFFICER Town Hall, 53095 Ma~n Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF TRE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL To: From: Dated: Re: Suffolk Times - At/n: Jane Starwood Liada Cooper, Deputy Town Clerk August 31, 2001 Legal Notice for Bid for excavation, grading, etc for Fishpond Number of Pages (including cover): 2 total transmittal is not received, please call 765-1800. COMMENTS: Legal Notice for publication in Thursday, September 6, 2001 edition of newspaper. Thank you. Please acknowledge receipt of this legal notice by signing below and returning by fax to 765-6145 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARKIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL To: Suffolk Times - Attn: Jane Starwood From: Linda Cooper, Deputy Town Clerk Dated: August 31, 2001 Re~ Legal Notice for Bid for excavation, grading, etc for Fishpond Number of Pages (including cover): 2 If total transmittal is not received, please call 765-1800. COMMENTS: Legal Notice for publication in Thursday, September 6, 2001 edition of newspaper. Thank you. Please acknowledge receipt of this legal notice by signing below and returning by fax to 765-6145 Received by Date LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for the Excavation, Grading and Hauling for the construction of a recharge basin and permanent fishpond. The Town seeks bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the excavation, grading and hauling of material (approximately 6,500 cubic yards) in accordance the drawings and specifications prepared by James A. Richter, R. A., Southold Town Engineering Department. Bid specifications may be picked up at the Town Clerk's office, 53095 Main Road, Southold, New York, Monday through Friday from 8:00 a.m. to 4:00 p.m. A nonreftmdable fee of $5.00 made payable to the Southold Town Clerk will be required for a copy of the bid specifications. The sealed bids, together with a Non-Collusive Bid Certificate will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, September 13, 2001, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities 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 the Excavation, Grading and Hauling for Recharge Basin & Fishpond", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: August 31, 2001. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON SEPTEMBER 6, 2001, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERI(~ TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney James McMahon Jamie Richter Ray Jacobs, Superintendent of Highways Data Construction Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 5th _day of September 2001 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Legal Notice to Bidders: Opening: Excavation, Grading and Hauling for the construction of a Recharge Basin & Permanent Fishpond. 10:00 A.M., Thursday, September 13, 2001 izabeth A. Neville' Southold Town Clerk Sworn to before me this 5th Dayof September ,2001 Ndtary Public DNDA J. COOPER Notary Public, State of New York No. aE'2256~, St~ffolk County , INVITATION TO BID PROJECT: EXCAVATION, GRADING AND HAULING For the construction of a RECHARGE BASIN & PERMANENT FISH POND The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified in the bid documents for the excavation, grading & hauling of matedal (approximately 6,500 Cubic Yards) in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town I-'ngineering Department, Town Hall, 53095 Main Road, Southold, New York 11971. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00AM, 13th , Septembe, r._20P_l_. Day Month & Date Year All specifications are provided herein: drawings to be attached. A fee of five dollars ($ 5.00), 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. Please advise if you intend to bid or not_ Dated: August28,2001 BY ORDER OF THE SOUTHOLD'TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Excavation & Grading / Recharge Basin & Fish Pond A 1 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) Company Name Company Address Bid on the Excavation, Grading and Hauling for the construction of a recharge basin and permanent fishpond. Invitation to Bid ~ Excavation & Grading ~ Recharge Basin &-Fish Pond [ +/- 6,500 C.Y. ) Greenport Information Center STATE ROUTE 25 GREENPORT, NEW YORK 11944 Date: September 4, 2001 SOUTHOLD TOWN ENGINEERING DEPARTMENT SOUI'HOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD PROJECT DESCRIPTION EXCAVATION, GRADING AND HAULING For the construction of a RECHARGE BASIN & PERMANENT FISH POND State Route 25, Greenport, New York 11944 This Project includes the excavation and hauling of approximately six thousand five hundred (6,500 C.Y. +/-) cubic yards of material from the Greenport Site. Pond areas shall be excavated below the water table and dewatedng of material pdor to transportation shall be the contractor's responsibility. A clay layer exists approximately four to five feet below grade. This layer is the apparent bog or wetland area previously filled long agb. The fill above this layer is classified by the Department of Environmental Conservation as non-hazardous regulated waste and must be delivered to the Town Landfill located on County Rte. 48 in Cutchogue. The contractor shall accept all actual existing local, on-site and subsurface conditions which may differ or vary from the information contained within the contract documents, without additional compensation. Contractor is cautioned that soil, rock, concrete debds, muck, bog or water may vary widely with regard to elevations or composition. Obstructions both natural and man- made may also be encountered. The contractor shall estimate the influence of such features from his own inspection of site, and be incorporated as part of this work. All work required to relocate existing trees at the site shall be the responsibility of the Town of Southold. REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT @ THE SOUTHOLD TOWN ENGINEERING DEPARTMENT: Attention: James A. Richter, RA (631) 765 - 1560 Southold Town Hall 53095 Main Road Southold, New York 11971 The foregoing project description is provided for general information only. It is not a part of the contract documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings contained herein. INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions Prevailing Wage Rates Non-Discrimination Clause DIVISION ONE - GENERAL REQUIREMENTS Summary of Work DIVISION TWO - SITEWORK Site Preparation Earthwork Erosion & Sediment Control INDEX TO DRAWING Recharge Basin & Fish Pond Excavation & Grading Plan A - 1 through A - 1 B - 1 through B - 2 D - 1 through D - 2 E-lthrough E-1 F - 1 through F - 1 AIA Document # A201 H - 1 thro. ugh H - 2 L - 1 through L - ???? N - 1 through N - 2 1010- 1 through 1010-2 2100 - 1 through 2100 - 1 2200 - 1 through 2200 - 2 2300 - 1 through 2300 - 2 SP- 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 equipment, tools, 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. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a wdtten instruction to all bidders. C. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. D. 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". Excavation & Grading / Recharge Basin & Fish Pond B-1 The Town will either award the project or reject all proposals received within five (5) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract as stipulated herein. E. 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. F. 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 having interlineations, erasure or corrections may be rejected. G. 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. H. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within five (5) 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. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work immediately after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work on or before October 1, 2001. Excavation & Grading / Recharge Basin & Fish Pond B-2 PROPOSALFORM Date: NAME of BIDDER: Telephone: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or freud, 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 contrect, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contrect documents dated: September 4, 2001, including bidding requirements, contrect, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: EXCAVATION, GRADING AND HAULING For the construction of a RECHARGE BASIN & PERMANENT FISH POND - Greenport, New York 11944 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, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: Excavation & Grading / Recharge Basin & Fish Pond D-1 FURNISH ALL LABOR & EQUIPMENT FOR THE EXCAVATION, GRADING AND HAULING OF APPROXIMATELY SIX THOUSAND FIVE HUNDRED (6,500 C.Y.) CUBIC YARDS OF MATERIAL. THE CONTRACTOR SHALL ACCEPT ALL ACTUAL EXISTING LOCAL, ON-SITE AND SUBSURFACE CONDITIONS WHICH MAY DIFFER OR VARY FROM THE INFORMATION CONTAINED IN THE CONTRACT DOCUMENTS AND SHALL PROVIDE TOTAL EXCAVATION OF ALL MATERIALS ENCOUNTERED, TO EXCAVATE & CONSTRUCT A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (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 within the five (5) 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. 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. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature of Bidder: Telephone Number: Date: Bidders Address: Excavation & Grading / Recharge Basin & Fish Pond D-2 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-<1 General Municipal Law, effective September 1, t 966, 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 rastHctlng 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 disc!osed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or Indirectly, to any other bid'der or to any competitor. (3) No attempt has been made or will be made by the bidder to Induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the troth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) Is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of the (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be EXCAVATION, GRADING AND HAULING For the construction of a RECHARGE BASIN & PERMANENT FISH POND, Greenport, New York 11944 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,20 , (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. t03-d, as amended & effective on September 1, 1965. Signature Excavation & Grading / Recharge Basin & Fish Pond: E-I NEW YORK STATE AFFIRMATIVF 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: B4 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) Excavation & Grading / Recharge Basin & Fish Pond F-1 T H f~ A M £ R I C A N I N S T I T U T E 0 A R C H I T E C T AIA Document A201 General Conditions of the Contract · . for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT'TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION' BY OWNER OR BY SEPARATE CONTRACTORS 7, CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION ' 10. PROTECTION OF'PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Assochted General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967~ 1970, 1976, ©1957 by'l'he American Institute of Architects, !735 Hew York Avenue, N.W., washington, D.C., 20006. Reproduction of the r~at~rlal herein or aubc~antial quotation of its provisi6ns without w~itten pem..lssion of the AIA violates the copy~ig, ht lav~s of the United States and will b~ subject to legal prosecutions. CAUTION: You should use an original AIA document which has this caution prln~ed In red. An original assures that cha~ges will not be obscured as may occu~ when documents are repl~oduced. AIA ~3ClJIt~E~f A201 · GENERAl. CON~DITIONS OF THE CONTRACT FOR CONSTR~N · FOURTEEt~I~I EDITION &lA® · ~ 1987 TtIE AI~ERICAH INSTITIYrE OF AEC~IITECTS, t 73S NEW YORK AVENUE, N.W., ~g?ASHIN~..TOH, D.C. 2000~ A201-1 98'~ WARNING: Unlice~ee~ pho~ vlo4a~s U.S. cof~gh{ la~s a~d ts ~objec~ to legal pfosec~fon. INDEX Acceptance of Nonconforming Wo~ ......... 9.6.6,9.9.3,12.3 Acceptance of Work ........... 9.6.6, 9.8.2, 9.9.3, 9. I0.1, 9.10.3 Access to Work ........................... 3.16,6.2.1, 12.1 Accident Prevention ..............................4.2.3, 10 ActaatldOmisslons ... 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, Additional Cost, Claims for ......... 4.3.6, 4.3.'~, 4.3.9, 6. I. 1, 10.3 Additional inspections and Testing ....... 4.2.6, 9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3.6, 4.3.8, 4.3,9, 8.3.2 &DMIN{STRATION OF THE CONTRAGT ....... 3.3.3,4,9.4,9.5 Aesthetic Effect ............................... 4.2.13/4.5.1 Allowances ........................................ 3.8 AU-risk It~urance ................................. 11.3.1.1 ~N}lleMkmalorPaynmnt .. 4.2.5,7.3.7,9.2,3.3,9.4,9.5.1,9.6.3, Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 througll 3.12.8, 3.18.3, Arb~traUofl ..................... 4.1.4, 4.3.2,4.3.4, 4.4.4, 4.$, Architect .......................................... 4.1 Architect, Definirion of ...............................4.1.1 A~chitcct, Extent of Authority ........ 2.4, 3.12.6, 4.2, 4.3.2, 4.3.6, Architect's Administration of the Contract .......... 4.2,4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's App~)¥al$ 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 Architect's Authority to Reject Work .... 3.5.1,4.2.6, 12.1.2, 12.2.1 Architect's Copyright ................................. 1.3 Architect's Dect$ior ts .......... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Architeet's lnspectio ns ........... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, Archlt eot's lnst_~ctio~.~.. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1,13.52 Architect's O n-Sit e O bservarions ........ 4.2.2,4.2.5,4.3.6,9.4.2, Ar chi~ect's project [~epresen tative ..................... 4.2.10 Architect's ReLationship with Contractor ....... I.I.2,3.2.1,3.2.2, Architect's Re[ationahtp with Subcontractors .... 1.1.2, 4.2.3, 4.2.4, Architect's Rep~.~entat ion.~ ................. 9.4.2,9.5:1,9.10.1 Architect's Sit e Visits ........ 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, Asbestos .......................................... 10.l Attorneys' Fee~ ........................ 3.18.1,9.10.2, 10.1.4 Award of Separate Cont ract~ ........................... 6.1.1 Award of S~oconlracts ired Othe~ Contracts for Podlons of the Wor~ .............................. 5.2 Basle Definitions .................................... 1.1 Bo#or and Mm;hlnely Insu~nce ..................... 11.3.2 ~onds, LJe~l ...................................... 9.10.2 Bc~ds, performance and Payment ..... 7.3.6.4, 9.10.3, 11.3.9, 11.4 BuUdiog permit .................................... 3.7.1 Capitalization ....................................... 1.4 CcrUficatc of Substantial Completion .................... 9.8.2 Cettiflente~ for Pnyment ....... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9-10.3, 13.7, 14.1.1.3, 14.2.4 Certi§eates o f lnapection, Testing or Approval ..... 3.12.11, 13.5.4 Change Orders, Definition of ................. ......... 7.2.1 Cblm, Deflnit~ of .......................... : ...... 4.3.1 C,Mlma ~md Disputes ................ 4.3, 4.4, 4.5, 6.2.5, 8.3.2, Clalm~ and ~ AsserUon of Claims ................ 4.5.6 Clalm.~ Ior Ad¢BtlonM Cost ........ 4.3.6,4,3.7,4.3.9,6.1.1, 10.3 Clakrm lot AddlUonM Time ............ 4.3,6,4.3.$,4.3.9,8.3.2 Claims for Concealed or Unknown CondlUons ........... 4.3.6 Claims for Damages...3.18, 4.3.9, 6.1.1,6.2.5, 8.3.2, 9.5.1.2, 10.1.4 C. lalms Subject to Arbitration ...... · ........... 4.3.2,4.4.4,4.5.1 Cle~m~0 Up ................................... $.15,6.3 Commencement of Statutory UmlmUon pariod .......... 13.7 Commencement of thc Work, Conditions Relaring to ....... 2.1.2, 2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.1, Commencemcnt of the Work, Definition of ............... 8.1.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTO~ .............................. 1.1.4,6 Construciton Change Dlrecitves .... 1,1.1,4:2.8,7.1,7.3,9,3.1.1 Contingent A~slgnment of SubconWa~ts ................ 5.4 Condnulng Contract Performance ..... : .............. 4.3.4 CONTRACT, TERMINATION OR SUSPENSIOH OF THE .................. 4.3.7,5.4.1.1,14 Contract Time, Deflt#tlon Ol ........................ ~. 2 A201-1967 CONTRACTOR ....................................... 3 Contr3ctor, Oefl~lUon of ' 3.1,6.1.2 Col~trl~lola$ Con~lmcflon Schedules ............. 3.10,6.1.3 Contmctor's £mplo/c~ ....... 3.5.2, 3.4.2, 3.8.1,3.9, 3.18, 4.2.3, Co~tr~'tot'$ Liability Insu mnoe ....................... 11.1 Contractor's ReJatio~hip with Separatc Contractors and Owner's Forces ..' .... 2.2.6, 3.12.5, 5.14.2, 4.2.4, 6, 12.2.5 Commctor's Relationship with Subcontractors ....... 1.2.4, 3.3.2, Cohtractor's Rclatloflshlp with the lachltect-.... 1.1.2, 3.2.1, 3.2.2, Cont factor's Reprcscn~tions,. 1.2.2,3,5.1,3.12.7,6.2.2,8.2,1,9.3.3 Conu~ctor'$ I~flslblllty for Tho~e Performing the Work ................. 3.3.2, 3.18, 4.2.3, 10 Contractor's Review of Conrmct Document~ ...... 1.2.2, 3.2, 3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractor's Right to Terminate the Contract .............. 14.1 Contrlctor's Submittals ....... 5.10, 3.11, 3.12, 4.2.7, 3.2.1,5.2.3, Contractor's Supeflntendem ...................... 3.9,10.2.6 Correction of Work ..................... 23,2.4,4.2.1,9.8.2, Cost, Definition of ............................ 7.3.6, 14.3.5 Costs .... 2.4, 3.2.1, 3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1, 5.2.3, Cuttl~l ami Pat~Nng ................ ' 3,14,6.2.6 Damage to Constructlofl of Owner or Separate Comractors 3.14.2, D~ma~e to theWork ..... 5.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.3,11.5 Damages for Dda¥ ................ :... 6.1.1,8.3.3,9.5.1.6,9.7 Date or' Subslantial Complelion, Deflnlt Ion of .............. 8.1.5 l)~cW~ons o f thc Architect ...... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, [~,~lslons to Withhold C~fl#tc~tlon .......... 0.$, 9.7, 14.1.13 Dc~ectivc or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3,2.4,3.5.1,4.2.1, Defective Work, l~nition of ......................... 3.5.1 Oal~ys and Exlenslon$ o! ~ .......... 4.5. I, 4.3.8.1, 4.3.8.2, Disputes ............ 4.1.4,4.5,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2 Drawings lnd Specifications, U~e and Ownership of ..... 1.1.1,.1.3, Duty ~o Review Comract Documents and Field Conditions ..... 3.2 Emergencies ................................. 43.7, t0.3 EmpioTccs, Comractorl$ .......... 3.3.2, 3.4.2~ 3.8.], 3.9, 3.18.1, 3.18.2, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.13, 14.2.1.1 Equipment, Labor, Matcrl~l~ and .......... 1.1.3, 1.1.6, 3,4, 3.5.1, - Execution and Progress of the Work ....... 1.1.3,112.3,3.2,3.4.1, 3.5.1, 4.2.2, 4.2.3, 4.3.4, 4.3.8, 6.2.2, 7.1.3, 7.3.9, 8.2, 8.3, 9.5, 9.9.1, IO.2, 14.2, 14.3 ~X~N~J~ C~t'olalloo a~ b'~tom of the Contract Documents .......................... 1~, 3.7.1 ~xtenslot~s of Time ............. 4.3.J, 4.3.8, 7.2.1.3, 8.3, 10.3.I F~UuteofPayme~t b¥contractor ........... .... 9.5.1.3, 14.2.1.2 Failure o f Payment by Owner ................ 43.7, 9.7, 14.1.5 Faulty Work (See Defective or Nonconforming Work) Final Co~qfletlon anti I:~l Pay~ ........ 4.2.1,4.2.9, 4.3.2, 4.3.5, 9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Fire and Extended Corette lmsu rance ................... 11.3 ~L PROVISI~'~S ................................ Governing Law .................................... 13.1 .Gu2ran~c~ (Sc'c Warranty arid Warranties) Hazardous Materials .................. , .......... IO. 1, 10.2.4 Identification of Contract Documents ................... 1.2.1 Ind~mnlt'~fllon ....... 3.17, 3,18, 9.10.2, I0.1.4, 1 1.3. 1.2, 11.3.7 I~fom~allon ~1SefvIce~ Re~ulM of the O~n~' ..... 2.1.2,2.2, 4.3.4, 6.1.3, 6.1.4, 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2, 9.10.3, 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2 In~lly or Dam~j~ to P~r, on o~ Pr{~-'lW ................ 4.3.9 · lnspecSons ......................... 3.3.3, 3.3.4, 3.7.1,4.2.2, Ins1ructlons to BR]ders ............................... 1.1.1 Instructions to the Contractor .... 3.8.1, 4.2.8, 5.2.1,7, 12.1, 13.5.2 I nsturlmce ....... 4.3.9.6.1.1,7.3.6.4, 9.3.2, 9.8.2, 9.9.1,9.10,2, 11 Insurance, Boiler and Maclgn~/ .................... 11.3.2 Insuranoe, Contractor's Liability ...' ................... 1t.1 · Insumno~, Own~'a Uabllity .......................... 11,2 Insurance, Propel'ty ........................... 10.2.5,11.3 ln.surarice, Stored M~ .................... 9.3.2, 11,3.1.4 II~URANOE AHD BONDS ............................. 11 Insurance Companies, Consent to Partial Occupancy.. 9.9.1, 113. l 1 Insurance Companies, Settlemens with ................. 11.3.10 Intent o f the Contract Documents ................ 1.2.3, 3.12.4, 4.2.6, 4,2.7. 4.2.12. 4.2.13, Int~llo~ ........ 1.2.5, 1.4,1,5, 4.i.I, 4.3.1,5.1,6.1.2, 8.1.4 Interpretations, Written .................. 4.2.11,4.2.12, 4.3.7 Joinder and Consolidation of Claims RequireO .'. ........... 4.5.6 Juggmanl on Final Award ................ 4.5.1,4.5.4.1, 4.5.T 4.2.7, 6.2.[, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 Labor Disputes ..................................... 8.3.1 Law~ and Regulations ....... 1-3, 3.6, 3.7, 3.13, 4.1 .I, 4.5.5, 4.5.7, 9.9.1, 10,2.2, ILl, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6 Lierls .................. 2.1.2, 4.3.2, 4.3.5.1, 8.2.2, 9.3.3, 9.10.2 Limitation on Consolidation.or Jolmler .............. 4.~.$ Limitations, Statutes of ................... 4.5.4.2, 12.2 6, 13.7 A201-1987 3 Limitations o f Liabi[Sy ..... 2.3, 3.2.1, 3.5.1,3.7.3, 3.12.8, 3.12. I I, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.10.4, 4.3.3, 4.3.4,4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4, 7.4, Limitations of Time, Spedfic ......... 2:1.2, 2.2.i, 2.4, 3.10, 3.11, Lo~s ol Use Ir~uranee .... .......................... 11.3,3 9.3.1, 9.3.1.2, 9.3.3, 9:4.2, 9.6.5, 9.10.4 Malerials, Hazardous ........................... 10.1, 10.2.4 Materials, Labor, Equipmens and ..... 1.1.3, 1.1.6,5.4, 3.5.1,3.8~2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, Means, Methods, Techniques, Sequences and Procedures of Const ruction .......... 3.3.1,4.2.3,4.2.7,9.4.2 Mlflor Challge~ IR the Work .......... 1.I .I, 4.2.8, 4.3.7, 7.1, ?,4 Modifications to the Contract ........... 1.1.1, 1.1.2, 3.7.3, 3.11, Mutual Responsibility ................................ 6.2 Nonconfomflng Work, Aecoptsnce of .................. 12.3 Nonconformiog Work, Rejection and Correction o f ........ 2.3.1, 4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3 Notice ............. 2.3, 2.4, 3.2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, 12.2.4, 13.3, 13.5.1, 13.5.2, 14 Notice, Written ............... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, Notice of TestLng and Inspections ................ 13.5.1, 13.5.2 Nodce to proceed ...................................8.2.2 Notices, Permits, Fses and ...... 2.2.3,3,7, 3.13,7.3.6.4, 10.2.2 Observat ions, Architect's On-Sit e ................. 4.2.2,4.2.5, Observations, Contractor's ....................... 1.2.2, 3 Occupancy .......................... 9.6.6, 9.8.1,9.9, 11.3.11 On~tte Inspections by the A£chitect .......... 4.2.2, 4.2.9, 4.3~6, 9.4.2, 9.8.2, 9.9.2, 9.10.1 On-Site Obsematlons by the Architect ......... 4.2.2,4.2.5,4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Orders, Written ............ 2.3, 3.9, 4.3.7, 7, 8.2.2, I 1.3.9, 12A, OWNER .................................... ~ ........ 2 Owner, Deflnl~on of ................................. 2.1 Owner, Inlormatk)~ and Services Required of the ........ Z. I 2.2, 4.3.4, 6, 9, 10.1.4, 11.2, 11.3, 13.5.1, 14.1.1.5, 14.1.3 Owner's Lieblllty ~surance .......................... 11.2 Owner's Relationship with Subcontractors ............... 1.1.2, 5.2.1, 5.4.1, 9.6.4 Owner's Right to Carry Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Ownees Right to Ctean Up ............................ 6.3 Owner's Right to Pe~t'ol~n Coestnsctlon and 1o Award Soparate Contracts ......................... 6.1 Owner's Right to Stop the Work ................... 2.3, 4.3.7 Owner's Right to Suspend thc Work *. .................... 14.3 Owner*$ Right to Termioatc thc Contract ................. 14.2 Ownership ~nd Use of Amhltect's Drawings, Spuclflcatlons and Orner Do~ualents ...... 1.1.1,1.3,2.2.5,5.3 Pafliel O~eupa~cy or Use ................. 9.6.6,9.9, 11.3.11 Patching, Cutttng and .......................... 3.14, 6.2.6 Pate~ta, Royaltles&nd ' . ........................... 3.17 P aym~lt, .A~pllc~.tl?ns for ................ 4.2.5,9.2,9,3,9.4, 9.5.1, 9.8.3, 9.10A, 9.10.3, 9.10:4; 14.2.4 Payment, Cer tlflcates for ........... 4.2.5 4.2.9, 9.3.3, 9,4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.I.L3, 14.2.4 Payment, Failure of .......................... 4.3.7, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 Payment, Final ............ 4.2.1,4.2.9, 4.3.2, 4.3.5, 9. I 0, 11.1.2, 11.1.3, 11.3.5, 12.3.1 Payment nond, Perfomlance Bond and .... ........... 7.3.6.4, 9.10.3, I 1.3.9, 11.4 Payments, Progress .......................... 4.3.4, 9.3, 9.8.3, 9.10.3, 13.6, 14.2.3 PAYMENTS ANO COMPLETION ...................... 9, 14 Payments t o Subcontractors .................... 5.4.2,9.5.1.3, 9.6.2, 9.6.3, 9.6.4, I 1.3.8, 14.2.1.2 PCB .............................................. lO.I Performance Bond and Payment Bond ................. ?.3.6.4, 9.10.5, 11.3.9, 11.4 Pemflts, Fees and Notices ....... 2.Z.3, 3,?, 3.13, 7.3.6.4, 10.2.2 PERSONS ANO PROPERTY, PROTECTION OF ............ 10 Polycidorirmtcd Biphe nyl ............................. P~oduct Data, Definition of ........................... 3.12.2 Product Data and Samples, Shop Drawings .... 3.1 I, 3.19, 4.2.7 progrees and Completion ................... 4.2.2,4.3.4,8.2 Progrees Payments ............................ 4.3.4,9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 PlX}}ect, Definition of thc ........................... :. 1.1,4 Pro~'t MaRuai, [~tfmitlon of the ...................... 1.1.7 Pto~cct Manuals'. ................................... 2.2.5 Project Ecp resentatives .. ............................ 4.2.10 Pro~q~ le',~lrlmo~ ........................... 10.2.5,11.3 PROTECTK)N OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ............ . 1.3, 3.6, 3.7, 3.13, 4.1.1,4.5.5, 4.5.7, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Rejection of Work ......................... 3.5.1, 4.2.6, 12.2 Releases o f Waivers and Liens ............ c ............ 9.10.2 Representations ......................... 1.2.2, 3.5.1,3.12.7, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9-5.1, 9.8.2, 9.10.1 Representatives .................. ' .......... 2.1.1,3.1 .I, 3.9, 4.1.l, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Reesluflma of Ctalms and Disputes .................. 4.4, 4.5 Responsibility for Those Pcrforming thc Work ............ 3.3.2, 4.2.3, 6.1.3, 6.2, 10 R¢lainng¢ ............... 9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3 Review of Contract Documents and Field Coalitions by Cont tacto~ ............ 1.2.2,3;2,3.7.5,3.12.7 Review of Contractor's Submittals by Own~ and Architect ............. 3.10.1,3.10.2,3.11,3.12, 4.2.7, 4.2.9, 5.2.1, 5.2.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Cont factor ........................ 3.12.5 Righta and Remedies ............. I .I.2, 2.3, 2.4, 3.5.1, 3.15.2, 4.2.6, 4.3.6, 4.5, 5.3, 6.1, 6.3, 7.3.1, 8.3.1, 9.5.1, 9.7, 10.2.5, t0.3, 12.2.2, 1Z.2.4, 13.4, 14 Royalties and Patents ............................... 3,17 4 A201-1987 Rul~s atsd Notioes for A~ol~a$on ..................... 4.5.2 ~p~, ~flnl~n of .............................. 3.12.3 Shop ~w~, ~nition of ......................... 3.1~.1 Su~tut~n of Su~n[~tors .................... 5.2.3, 5.2.4 SU~ ............................... 3.9~ 10.2.6 Survc~ ..................................... 2.2.2, 3.18.3 Suspension by the Owner fo~ Oonvenle~ee 14.3 Suspension of thc Work ............. 4.3.7,5.4.2, 14.1.1.4, 14.3 S~petl$ton or Termination of the Contract ...... 4.3.7, 5.4.1.1, 14 Taxes ....... ; .............................. 3.$, 7.3.6.4 Tem~nstiofl by the Co~tractof ........................ 14.1 Te~mlnetiofl by the Owner for Cause ............. 5.4.1.1,14.2 Termination of the Cont factor ........................ 14.2.2 TERMIHATK)H OR SU~PENSIOH OF THE COHTRACT ...... Tests and InspeoUons ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2.1,13.5 TIME .......... · ..................................... 8 Tlme~ Deioys &nd. Extensions o f .............. 4.318,7.2.1,8,3 Time Limits on Cialn~ ......... Title to Work ................................. 9.32,9.3.3 UNCOVER~G AND CORRECTION OF WORK ............. 12 Ul~efiog of Wo~( ................................ 12,1 Unit Pficea .................................. 7.1.4,7.3.3.2 U$e o~ Documents ................. 1.1.1, 1.3, 2.2.5, 3.12.7, 5.3 Use of $1te .............................. 3.13,6.1.1,6.2.1 Values, Schedule of ............................ 9.2 9.3.1 Wldv~ of Claims: Final Payment ........... 4.3.5, 4.5.1, 9.10.3 Waiver of Claims by the Architect ...................... ' 13.4,2 Waiver of Claim$ by the Contractor ......... 9.10.4, 11.3.7, 13.4,2 Waiver of Claims by the Owner .............. 4.3-5,4.5.1,9.9.3, Waiver of L. ie~-~s .................................... 9.10.2 WaiYera of SubrogatiOn ................... 6. I. I, 11.3.5, I 1.3.7 W~IT~Itt¥ and War rarlt 1e5 ......................... a.5, 4.2.9, Weather DeLays ................................... 4.3.8.2 When Arbitration May Se Den'mnded .................. 4.5.4 Work, Definition o f ................................. 1.1.3 W~itten Inteq)retation$ ................... 4,2.1 I, 4.2.12, 4.3.7 WFItt~/t Hot~e ........... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, Written Orders .............................. 2.3, 3.9, 4.3.7, A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1,1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor 0tereinafier the Ag~emenO, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Spec~lcations, addenda issued prior to execution of the Contract, other documents flsted in the Agreement and · Modifications issued after, execution of the Contract. A Modifi: cation is (1) a wdttCn aruendment to the Contract signed by both parties, (2) a Change Order, (3) a Constroction Change Directive or (4) a written order for a minor change in the Work issued by the A~7~ltect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (adverrisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 'THE CONTRACT The Contract Documents form the Contract for Constroction. The Contract represents the entire and integrated agl~-~ent between the paxties hereto and supersedes prior negotiations, representations or ~ts, either written or oral. The Con: tract may be amended or modified only by a Modification. The Contract Documents shall no{ be constroerl to create a contrac- tual relationship of;my kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entided to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WOf~ The tctm "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contmc'tor'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 Woi'k per- formed under tee Contract Documents may be the whole or a part arid which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Spedflcations are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROdECT MANUAL Thc Project Manual is the Volume usually assembled for thc Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECLmON, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the ConUact Documents, the Archite~ shall identify such ~nsigned Docu-. ments upon request. 1.2.2 Execution of the Contract by the Contractor J~ a repre- sentation that thcContractor has visited the site, become fafniJ- Jar with ~ conditions under which the Work is to be pe~'- formed and correlat~.d per~z~M observations with require- ments of the Contract Documents. 1.2,a The in{ent of the Contract Documents is tO include all irefns necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; perforrmance 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 Spedfications into divisions, sections and articles, and arrangement of Drawings shalJ not control the . Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical Or construction indus- try meanings are used in the Contract Documents in accord- ance with such recogl3tzed meanings. 1.3 O~ AND USE OF ARCHITECT'S 1.3.1 The Drawings, Specifications and other ~ts prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is de.~,cribed. The Contractor may retain one contract record set. Neither the ContraCtor nor any Subcontractor, Sub- subcontractor o£ material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the A~chitect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. Ail copies of d~ro, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specificarions and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Sp&cifications and other documents prepared by the Architect. Submittal or distribution to meet Official regulatory requirements or for other puq:a:L~s 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 CN~'rALIZAT1ON 1.4.1 Terms capitalized in these General Conditions include those which ate (1) specifically defined, (2) the titles of num- bered articles and identifi .c<l refereaaces 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 lu the. interes( of brevity the Contract DooJrner~ts fre- que~tiy omit modifying words such as "all" and "any" and arti- cles such as "the" :md "an," but the I~ct 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 the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The tesTn "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 neces,Lary and relevant for the Contractor to evaluate, give notice of or enforce ~le's lien rights. Such information shall include a correct statement of the record legal tide to the property on which the Project is locato:l, usually referred tO as the site, and the Owner's interest therein at the time of execution of the Ag.t~ens and, within five days after any change, information of such cha~ge in title, recorded or unrecorded. 2.2.1 The Owner shall, at the request of the Contractor, prior tO execution of the Agreement and promptly from time to time thereafter, 'furnish to the Contractor reasonable evidence theft financial arrangements .have been made to fulfill the Owner's obligations under the Contract. ]Note: Unless such reasonable evidence were furnished on request prior to the execution of the Agreement, the prospectiue contractor would not be required to execute the Agreement or to commence the Work.] 2.2.2 The Owner shall furnish surveys describing physical charaL'tefisti~s, legal limitations and utility locations for the site of the project, and a legal description of the site. 2.2.$ Except for permits and fee~ which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, asses- ments and charge~ 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 shall 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 he 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 e~'pecially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 1 10nsurance and Bonds). 2.3 OWHER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently falls to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by afl agent specifically so empowered by the Owner in writing, may order the Contrac- to£ to $tOp the WOrk, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other persun or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNF.~'S RIGHT TO CARRY OUT THE WO~K 2.4.1 ff the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven<Jay period after receipt of written notice from the Owner to comraence and continue correction of such default Or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiend~ within a second seven<lay period. If the Contractor within such second seven- day period after receipt of such second notice faiLs to com- mence and continue to correct any delidencies, the Owner may, without prejudice to other nmaedles the Owner may have, .correct such deficiencies. In such case an appropr'mte Change Order shall he 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 eaq~nses made n~ by st~ch default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then et thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay difference to the Owner. ARTICLE 3 3.1 CONTRACTOR DEFINITION 3.1.1 The Contractor is the person or entity identified a~ 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. WARNING: Un~acense~ photocopytng v~olates U.S. eopydg~t laws and Is ~l~q~t to legal prosecution. A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AHD FIELD COflDII'K)HS BY CONTRACTOR 3.2.1 The Contractor shaft carefully study and compare thc Contract Documents with each other and with inform~Jon furnished by the Owr~er pursu3nt to Subl~ragraph 2.2.2 ;nd shaU 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 Coqtractor recognized such do'or, inconsistency or omission, and knowingly failed to repoa it to the A~chitect. If the Con- tractor performs any constrt~ctinn activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bern- an appropriate amount of the attributable costs for correction. 3.1}.g The Contractor shall take l~ld measurements and verify fleki cooditions and shall carefully com/~re such fleki raea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.9.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragcaph 3.12. 3.3 SUPERVISION AND COHSTRUCTION PROCEDURES 3.3.1 Thc Contractor shall supervise and direct thc Work, using thc Contractor's best skill and attcnriort. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating ali portions of thc Work under the Con- rrsct, unless Contract Documents give other specific instrne- 3.3.2 Thc Contractor shall be responsible to thc Owner for acts and omissions of thc Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of thc Work under a contract with thc Contractor. 3.3.3 ~'hc Contractor shall not be relinvcd ol~obligations to per- form thc Work in accordance with thc Corttract Documents e~thcr by activities or duties of thc Architect in thc Architect's administration of thc Contract~ or by tests, inspections or approvals reqnired or performed by persons other than thc Contractor. 3.3.4 Thc Contractor ~ be responsible for inspection of, por- tions of Work already performed under thb Contract to derer= mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERL~.S 3,4.1 Unless otherwise provided in thc Comract Documents, thc Contractor shall provide and pay for labor, materials, equip- mere, tools, construction equipment and machinery, water, heat, utilities, tral~pofration, and other facilities and services necessary for proper exec~rion and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incoqDorated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Cootract. The Contractor shall not permit employment of unlit persons or persons not skilled in tasks assigned to them. 8 A201-1987 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that mater/ah 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 cooform with the requirements of the Contract Documents. Work not cooforming 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 insuflicient maintenance, impropei 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 Thc Contractor shall pay sales, consumer, use and gtmilar tab/es for/he Work or portions thereofprov~d/:d 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 NO'fK~S 3.7'.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper exccotion and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities beating on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, s~tutes, ordinances, building codes, and roles and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws,.statutes; ordinances, building codes, and rues and regulations without such r~otice.to the, Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8,1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. ltero5 covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities aga{nst which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; ;2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other ekpenses contemplated for stated allowance · amounts shall be included in the Contract Sum and not itl the allowances; .4 whenever ~osts are more than or less than allowances, the Contract Sum shall b~ adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the a~owances under Chnse 3.8.2:2 and (2) changes in Contractor'~ costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall' be in attendance at .the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the sulb~rintendent shall be as binding as if ~ven to the Con- trador. Important communications shall'be confirmed in writ- lng. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTI~CTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at.appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent req~red by the Con- tract Documents, and shall provide for expeditions and practi- cable execution of the Work. 3.10.2 The Contractor shall prep~e and keep current, for the Architect's approval, a schedule of submittals which is coordi- rated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the moot recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at th~: site for the Owner one. record copy of the Drawings, Specifications, addellda, Cha~g¢ Orders and other MoclLqcation$, in good order and marked corfe~ltiy to record chang{=; arid selections ntade construction, and in addition approved Shop Drawings, Prod- uct Data, ,Sampk~ and sindJar requi~d sub~rtals; These ,~hall . be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PROOUCT DATA AND SAMPLES 3.12.1 Shop .Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will I~ JDdged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. The purpose of their sub- mittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor propooes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7, 3.12.5 The Contractor shal~ review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptne~ andin such sequence as to cause no delay In the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returoed without '3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has I~en approved by the Architect. Such Work shall be in accordance wit. h approved submittals. 3.12.? By approving and submitting Shop Drawings, product Data, Samples and stroller submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or wiU do so, and has checked and coordinated the information contained within such submittals wRh the requirem~..qts of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract DOcuments by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unles~ the Comractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Comr~ctor shall not he relieved of responMbility for errors or omissions in Shop Draw- ings, product Data¢ Samples or similar submittals by the Archi7 tect's approval thereof. 3,12.9 The Contractor shall direct specific attention, in writing or on tesubmirted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3,12[.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professorial certification of performance criteria of matcrlab, systen~ or equipmcm is required by thc Contract Documents, the A~ahitect shall be entitled to rely upon the accuracy and completeness of such calculations and certlH- 3.13 USE OF SITE 3.13.1 Thc Contractor shall confine'operations at the site to areas permitted by law, ordinances, pe~-mits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment, 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a pOrtiOn of the Work or fully or parda]ly completed construction of the Owner or separate contractors by cutting, patching or other- wise altering suc~, constrnc~on, of by excavation. The Contrac- tor shall not cut or otherwise alter such constroction by the 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 tlnrcasortably withheld. The Contractor shall not t~nrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep tl~ premises'and surround- lng area free from accumulation of waste materials or rubbish eau~ed by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materfab, rubbish, the Contractor's tools, construction equlp~.ent, machinery and suq~lus materials. 3.15,2 If the Commctor fails to dean 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 Thc Contr,~tor shall provide the Owner and Ardhitect access to the Work in preparation ~md progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The ContraCtor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and A.,chitect harmle~ from loss on account thereof, but shall not be responsible for sqch defense or loss when a particular design, process or prod- uct of a particular manufactur~ or manufacturers is required by thc Contract Doom~ents. However, if the Contractor has rea- son to believe that the required design, prOCeSS or product is an infringement of a patcot, the ContractQr shall be responsible for such loss unless such information is promptly furnished to the Architect. 3,16 INDEMNIFICATION 3,16.1 To the fullest extent permitted by law, the Contractor shall indemnify and bold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against elaine, damages, losses and expenses, includ- ing but not limited to atiorneys' fees, arising out of Or resulting from performance of the Work, provided that such claim, dam- age, ioc, s or expense is attributable to bodily injutT, sickness, disease or death, or to injury to or destruction of tang~le prop- erty (other than the Work itsel0 including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omigsion$ 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 pan by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph 3.18. 8.16.9 In claims against an9 person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemniflea- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, .compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen'$ compensation scL% disability benefit acta or other employee benefit acts. 3.16.8 The obligations of the Contractor under this Paragraph 3.18 shall not extend .to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising, out of ( 1 ) the p~psratlon or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the in}my Or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice archRecture or an emity hwfugy practicing architecture iden- ti~=d as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the/~'chitect or the Architect's authorized · · 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be sonably, withheld. 4.1.8 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- the Contract Doeuments 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 ADMINISTRATIOfl OF THE CONTRACT 4.2.1 The Architect mill provide administration of the Contract as described in the Contract Documents, and will be the Owner's reprc~eotative (1) during cqnsrmctlon, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period rk~-ibed in Para- graph 12.2. The Architect will advise and consult with the Owiaer. 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 acenrdancc with other provisions of the Contract. 4.2.2 The Arx:hitect 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, wRl be in accordance with the Contract Documents. However, the Architect will not be to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Archlteet will keep the Owner informed 0f progres~ of the Work, and will endeavor to guard the Owner against defects and defidendes in the Work. sulely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's of and will not be responsihic for acts or omissions of the Con- 10 A2.01-1987 tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communfoa~ons Facilitating Contract Admlfilstra- 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- date through the Archirect. Communications by and with the Krohitect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.$ Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review a~ld 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 docs not conform to the Contract Documents. Whenever the Architect considers it ne~ssacy or advisable for implementa- tion of the intent 6f the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, ne~tber this authority of the Alellltect nor a decision made in good faith either to exercise or r~t to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7' The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product. Data and Samples, but only for the limited purpo~ of checking for conformance with Irdormation given and the ~ concept expressed in the Contract Doco- ments. The Architect's action will be taken with such reason- able prompme~ as to cause no delay in the Work or in the acrivlties of the Owner, Contractor or ,%-'pacate contractors, while allowing slltllctent time in the Architect's professional judgment to permit adequate review. Review of such submittai~ is not conducted for the puq:~se of determining the accuracy and completeness of other details such as dimensinns and quantities, or for substantiating imtructions for installation or performance of equipment or sysmms, all of which remain the responsibility of the Contractor as required by the Contract IDocume~ts. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Krehirect's review shall not constitute approval of safety precautions or, unless otherwise apecific~ly stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a £mai Cettificare for Payment upon compliance with the requirements of the Contract Documents. 4/).10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in car,,lng out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authoriq~ of such project representatives ,shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 Thc Architect will interpret and decide matters concern- ing performance under and requirements of the Confract Documents on written request of either thc Owner or Contrac- tor. The Architect's response to such requests will be.made with reasonable pi*omptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to 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 *,,ill be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interprei[ations 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 Docl~ments. 4.3 CLAIMS AHD D~SPtJTF_.S 4.3.1 DelkdUon. A Claim is a demand or asseaion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract tm-ms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. claims m~st be made by wdtten nolice. 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 dec~- sion by the Architect, as provided in Subparagraph 4.4.4, shall be requffcd as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters adstng prior tO the date final payment is due, regardless of(I) whether such matrer~ relate tO execuUon and progre~ of* the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (.3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.:$.8 TMle Lira{Is 011 C~81m$. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the ciainlant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unle~ submitted in a timely manner. A201-1987 11 4.3.4 Conflnuln~ Contract Performance, Pending final re. so- lution of a ~ ~u~ng ~bi~on, u~ otbe~e ~ in writing ~e ~n~ctor s~l p~ ~l~fly ~ ~rfor- paym~ ~ a~r~ with ~e ~nt~ ~umen~. 4.3,5 Wa~ ~ ~lms: ~1 Pay~nL ~e ~ing of ~ paym~t s~ ~tute a ~v~ of Claims by the Own~ exit ~ ~g from: .1 li~, C~, ~fity Mter~ or encumb~ .2 ~u~ of the Wo~ to ~mply with ~e requiremen~ .3 t~s of s~c~ ~t~ r~uired by ~e ~ntra~ di~ ~ ~umered at ~e site w~ ~e (1) $ubsur~ce or ' o~e~ ~n~ physi~ c6n~t~m which ~ff~ ~refi- ~y from ~ in~ted M ~e ~n~ ~n~ or (2) f~ mat~y f~m ~ or~y fo~d to e~t ~d r~ ~ ~hemnt ~ ~m~n ~vit~ of ~e c~er provi~d for M the ~nt~ ~en~, ~en notre by ~e o~ing p~y shMl ~ ~ven to ~e o~er pa~y prompdy ~f~ ~n~fio~ are ~tur~d ~d M ~ ev~t ~ter t~ w~ pr~y inv~ti~te such ~n~tiom ~d, if they differ. ~ of, or t~e required for, ~rfo~ of ~y ~ of the Wo~, w~ r~end ~ equitable adjunct ~ the ~nt~ Sum or ~n~ T~e, or ~h. If ~e M~it~ ~erm~ ~at the ~n~m at ~e ~te ~ not ~y ~ferent from ~ ~t~ ~ ~e ~nt~ ~en~ ~ ~t ~ ~e in the ~ by d~r ~ in op~si~n to s~h dete~tion m~t ~ ~ ~ 21 ~ys ~er ~e ~chit~t ~ ~ven nofi~ of ~e d~n. If the Owner ~d ~nt~ctor ~ot ag~ o~ ~ adJ~nt ~ ~e ~nt~ Sm or ~ntm~ T~e, · e adjmt~nt ~ ~ reread to ~e ~i~ for init~ ~ter- m~n, sub~ to ~er pr~.pu~t to ~ph 4.4. ~ p~v~ h~eM ~ ~ ~v~ ~fore pt~ to e~te ~e Work. Prior ~ B n~ ~q~d for ~ r~ to ~ ~ph 10.3.'ff ~e Contm~or ~ ad~t~ ~st ~ ~volv~ for ~m ~duding but not ~it~ to (1) a writt~ interruption from ~e ~it~a, (2) ~ or~r by the Owner to st~ ~ Work wh~e the ~nt~or ~ not at ~ult, O)a Writ- t~ order for a rumor c~ m the Work ~ued by the Archi- t~, (4) failure of ~y~ni by the Owner, (5) relation of ~e ~nt~ct by ~e Owner, (6) Owner's s~lon or ~ o~er r~le ~oun~, C~ sh~ ~ fll~ in ac~r~nce with the p~dure ~bl~bed herein. 4.3.B.~ If ~e ~ntmctor wgh~ to m~e C~im for ~ incr~ in the ~nt~t T~e, written no~ ~ provided herein s~ ~ ~ven. ~e ~t~ctor's C~im sh~ ~cinde ~ ~timate of cost and of p~ble effc~ 0f de~y on pro~ of the Work. in the ~ of a ~ntMuMg de~y only one C~im ~ n~a~. 4.3.B.~ If adver~ w~ condi~ ~ t~ b~ for a ClMm for additio~ t~, s~ C~ sh~l ~ d~u~ted by ~ta 12 A201-1987 substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an ~dverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person o~ Property. If either party to thc Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured: shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide suflident detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this ClaLrn is tO be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4,4 RESOLUTION OF CLAIMS AND DISPUTES 4,.4,.1 Thc Architect 'will review Claims.and tal(c one or more of the following preliminary actions ~ithin t~n days of receipt ora Claim: (1) request additional supporting data from the claimant, (2) submit, a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Clair0. 4.4.2 Ifa Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4,8 If a Claim has not been resolved, the party making the Claim shaH, within ten days after the Architect's preliminary response, take one or more of the following actions: (I) submit additional supporting data requested by the Architect, (2) modify the initial Claim or O) 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 parties or requesK:d by the Architect, the Architect will notify the parties in writing that the Architect's derision 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 p~iod, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Comract Sum or Contract T'tme or both. If there is a surety and there appears to be a po<.$1bllity of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.S kRBffRAY~,ON 4.$.1 ~ontrov®t~le$ and Claims SubJeot to ArbRratlon. Any controversy or Claim arising out of or related tO the Corttract, or th~ breach thereof, shall be settled by arbitration In accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for Lq Subparagraph 4.3.5. Such controversies ~)r Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shah be subject to arbitration upon written demand of eRher party. Arbitration may be commenced when 45 days have passed after a Claim ha~ been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. AIA [~OJMENT A~01 · GENERAL CONDITIONS OF THE C~NTRACT FOR CONSTRUCTION · EOURTEENTH EDITION 4..5.2 Rules and NoUces for Aff=4traflon. C~ims beaten thc Owner and Contractor not resolved under Paragraph 4.4 ~haH, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction industry Arbitration Rules of the American ArbRration fi.~ociation cur- rently in effect, unless the patties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the A~reement between the Owner and Con- tractor'and with the American Adoitrarion Associatgon, and a cop), shall be filed with the Architect. 4.5,3 Contract Per[ofmance During Arbltratinn. During arbi- trarion proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4,5.4 When Arbltratloll May Be Demarlded. Demand for athi- trarion of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written dec'i- sbn on the Claim, (2) thc tenth day ~ the parties have pre- sented evidence to the Architect Or have been given reasonable opportunity to do so, if the Architect has not ~.-ndered a final written deciMon by that date, or (3) any of the five events described in Subpara~ph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and.(2) a demand for arbitration of a Claim coveted 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 a~bitrarion within aald 30 days' period shall result in the Architect's' decision becomin¢ f'mal and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings, have been initisted, such decision may be entered as evidence, but shall not supersede-arbitration pto- ceeciln~s unle~ the dec.ion is acceptable to all parties 4.~;.4.2 A demand for arbitration shaH be made within the time limits specified in Subparagrapbs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and Mother cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be b~rexl by the applicable statute of limitations as determined pursuant to parag~ph t3.7. 4.5.5 Limitation on Cof~)~lallott o~' Jolltder. lqo athitration arising out of or ~'ela~ing to the Contract Documents shall include, by.consolidation or joinder or in any other manner, the Architect, thc Architect's employees or consultants, except by Written consent containing specific reference to the Agree- mcot and-signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration Shail include, by consolidation ot joinder or in an), other manner, parti4~ other than the Owner, Contractor, a Sepa~te contrac- tor as described in Article 6 and other persorts substantially involved in a common question of fact or lam whose pre..~ce is required if complete relief is to be accorded in arbitration. No pe~on or entity other than'the Owner, Contractor or a ~.parate contractor as described in Article 6 shall be included as an orig- inal third, party or additional third party to an arbitration wh6se interest or responsibility is insubstantial. Consent to arbitration involving an additional per<~on or entity shall not constitute consent to arbitration ora dispute not described therein or with a person or entity not named pt describeri therein. The fore- going agreement to arblimte and other agreements to arbitrate with an additional person or entity duly corLsented to by parties to the Agreement shall be.specifically enforceable under appli- cable law in any court having jurisdiction thereoL 4.5.6 Claims and Timely Assertion of Claims, A party who files a notice of demand for arbitration must assert in the demand aH Claims then known to that party on whic~ arbitra- tion is permitted to be demanded. When ~ party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. Thc award rendered, by the arbitrator or arbitrators shaH be final, and judgn~ent may be entered upon it in accordance with applicable law in any court having jurisdiction thereoL ARTICLE 5 SUBCONTRACTORS 5.1 DEFINIT$ONS 5;1.1 A ~ubconLractqr is a person or ~entit~ Who has a direct contract with the Contractor to perform a portion of the Work ' at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if sin4~ular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor' does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entit), who h~ a direct or indirect contract with a SubeootractQr to perform a portion of the Work at the site. The term "Suls-subcontractor" is referred to throughout the Contract Documents as if singular in number and me2ns a Sub-subcontractor or an authorizecl representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER COHTRACTS FOR PORTIONS QF THE WORK 5.2.1 Un]ess otherwise stated in thc Contract Documents or the bidding requb-ements, thc Contractor, as soon ~ prac- tic3blc 3~ter award o£ thc Contract, shall [umish in writing to thc Owner d~u*ough thc Arcldtect the names oi` persons or eoti- ties 0n¢]uding those who are to [umi~h materials or Cqu~ment fabricated to a.spe'ci.'d design) proposed for cch pr~dPal por- tion oi` the Work. The Arcldtect ~ prompd¥ repl), to the Con* tractor in wriimg st3ring ~hcther or nO~ thc Owner or thc Architec~, 3fret duc in-,,csrig3~on, h,~ reasoo~ble object,on to any such proposed pc;son or ent!ty. Failure oi` thc Owner or Architect to ~PD' promptl)' shah constitute notice of~o reason- 5.2.2 Thc Contractor shaU ~ot contract with a proposed per- son or entity to whom thc O~ner ~r Arcfiltec~ has madc rc3- sor~hlc and timely objection. The Comractor ~aH not be requited to cootract ~ith anyone to whom thc Contracto~ ~ made rc~onable ob~ection. 5,2.3 Ii` thc Owner or Architect has ;c~on3blc objection to a person or entity proposed by thc Contractor, thc Contr3~or shah propose another to whom the Owr~et or Architect ]~s no re~onsb~c objection. Thc Contract Sum shaH be incrc3scd or dccrc3sed h), thc differcncc in cost uccasioned by such change and an appropr~tc Change Order ShaH be ~ued. Howc'~er, oo iucre*,rse in tbe Contract Sum shall be allowed i`or such change u~dess thc Contractor has acted promp'J¥ and responsivei¥ in suhmitting names as required. 5.2.4 Thc Contractor shaH not ch~U~c a Subcontractor, person or entry prcv~ons]), selected ii- thc Owner or Architect mal~es reasonable obJcctinn to such ch~ge. A201-1987 13 5.3 SUBCONTRACTUAL RELATIOHS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which One Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner aiqd Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prgjudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redtes~ agalmt the Cootmctor that the Contractor, by the Contract Documents, has against the Owner. W. here appropriate, the Contractor shall require each Subcontractol' to enter into siinllar agr .eeaDents' with-Sub-sub- contractors. The Cofltractor shall make available to each pro- posed Subcontractor, prior to the execution .of the subcontract agreement, copies of the Contract Documents to which the $ubeontractor 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 he 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 COHTINGEHT ASSIGNMENT OF SUBCONTRACTS 5,4.1 ~ch mbcontract agreement for a'ponion o~ 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 Oymer accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, ob{igated under bond relating to the Contract. $.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjnsteti. An'HCLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWHER'S RIGHT TO PERFORM COHSTRUCTION AHO TO AWARD ,SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection w!th other por- tions of the Project or other construction o? operations on the site under Conditions of the Contract identical or substantially similar to there 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 eise- where in the Contract Documents. 6.1.2 When separate contracts are awarded for differmat por- tions of the Project or other constroction or operatiotls on the 14 6.1.3 The Owner shall provide for coordination of the activi- ' ties of the Owner's own forces and of each separate coritraetor 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- nles when directed to do so. The Cootractor shall make any revisions to the construction schedule and Contract Sum deemed necessary' after a joint review and mutual agreement. The construedon schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unle~ otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own foree~, the Owner shall be deemed to be subject to the sarue obligations and to have the same lights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, · those stated in'Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL. RESPOHSIBlUTY 6.2.1 The ConUactor ~ afford thc Owner and separate con- tractors reasonable opportuhity [or introduction and storage of thcir materlais and cquipmcnt and peffo~ of tbeir act]vi* ti~; and shall conocct m~d coordil~te ti~ Contractor's con- struction and operations with tbeirs as required by thc Contract 6.2.2 If part of the Contractor's Work depen0s for proper execution or results upon construction or operations by thc Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to. the Architect apparent di~:repancies 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 8epa- 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. 6.2.8 Co, ts 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 prompdy 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 Claflin and other disputes and matters in question between the Contractor and a separate contractor ~hsil be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.$ 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 OWHER'S RIGHT TO CLEAN UP 6.3.1 Ifa dispute arises among the Contractor, scpasatc con- tractors and thc Owner as to the responsibility under their respective contracts for malntsining thc premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate thc cost among those responsible as the Architect determines to be ~ust. ARTICLE 7 CHANGES IN THE WORK 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Ai-chitect 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 ak)ne. 7.1.3 Changes in.the Work shall be performed under applb cable provisions of the Contract Documents, ahd the Contrac- tor shall proceed promptly, unicos otherwise provided in the Change Order, Constnsc:~inn Change Directive or order for a minor change in the Work. ?.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are an changed in a proposed Change Order or Con- stroction Change Directive that application of such unit prices to quantities of Work'propnsed will cause substantial inequity to tbe Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2.1 & Change Order is a written instrument prepared by the Architect and sigr~d by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, ff any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed In SublY, Wagr~h 7.3.3. 7.3 CONSTRUCTION CHANO~ DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed 15y the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment tO the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum propedy Itemized and supported by sufi~dent substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequendy agreed upon; .3 cost to be determined in a manner agreed upon by the panie~ and a mutually acceptable It.xed or percent- age fee; or .4 as provided in Subparagraph 7.3,6. ?.3.4 Upon receipt, of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- po~ed adjustment in the Contract Sum or Contract Time. 7.3,$ A Construction Change Directive signed by the Contrac~ tot indicate~ the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not. respond promptly or disagrees wRh the method ft~r adjustment in the Contract Sum, the method and th& adjustment shall be determined by 'the Archi- tect on the basis of reasonable .expenditures and savings of those peffonniog the Work attributable to the cfiange, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the puqx~,es of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' 'or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cust of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of preruiuma for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional co,ts ofs.upervision and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owr~r for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- Firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7..'1,$ If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7,3.9 When the Owner and Contractor agree with the deter- ruination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. A201-1987 15 ?.4 MINOR GHANGF~ R'I TIE WORK '/.4.1 The Architect will have authority to order minor cha~ges in the Work not involving adiustment in the Contract Sum or extensinn of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected hy 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 Unl~ Otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for gul~sransial Completion of the Work. 8.1.2 The date of ~:ommencement of the Work is the' date established in the A4,,reement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. . 8.1,$ The date of Subsraruial Compietinr, is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specLrtcaliy defined. 8.2 PROGRESS AND COMPLE'rlON 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreemem the Con- tractor conrn-rus that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, pi'ematusely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's gens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS O~ TIME IL3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or ~/rchitect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor. dispntes~ fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Archire~:t determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall he made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for 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 is stated in/he 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 C~)ntractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in .4uch form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's ^pplica- tious for Payment. 9.3 APPLICATIOHS FOR PAYMEHT 9.3.1 At least ten days before the date e~tablished for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall he notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the'Contract Documents. 9.3.1.1 Such applications may include requests for payment on. account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other 9.3.2 Unless otherwise provided in the Contract Documents, payments shall he made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipmeaat suitably stored off the site at a location agreed upon in writil~. Payment for materials and equipment stored on or off the site ~hall he conditioned upon compliance by the ConLeactor with procedures satisfactory to the Owner to establish the Owner,s title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 8.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials arid equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 16 A201-1987 Owner a Certificate for Payment, with a copy to the Contrac- · tot, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in ,~vriting 6f the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 5.4.2 The issuance ora Certificate for Payment will constitute a representation by the Architect to th& Owner, based on the Architect'~ observations at ~ site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract DooJments upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute, a representation that the Contractor is entitled to payment in the. amount certified. However, the issuance ora Certificate for Pay- ment will not be a representation that the Architect has (I) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed consLrxmfion means, methods, techniques, seque~ces or procedures, (3) reviewed copies of requisitions received from Subcontractors and ruaterlal suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertaha how or for wlmt puqx:)se the Contrac- tor has used money previously paid On account of the Contract Sum. 9.5 DECtSIOHS TO Wn'HH(N,.D CF. RT1FICATION 9.5.1 Thc Architect may decide not to certify paymeOt and may withhold a CeCdllcate for Payment in whole or in part, to the extent rea.sonsbly necessary to protect ihe Owner, if in the Architect's opinion the representations to the Owner required by Subp~r~raph 9.4.2 cannot be made. If the A,'azhttect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor anrl 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 ia able. to make. such r~ntations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a pall of a Certificate for Payment previously issued, to such extem as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or r~nsble evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- edy to Subcontractors or for labor, matesials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damage~ for the anticipated del3y; or .7 persistent.failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the. 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 pot- lion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually re.rained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments tq Sub-subcontractors in similar manner. · 5,6.3 The Architect will, on reque$il, .furnish to a Subcontrac- tor, if practicable, information* regarding percentages of com- pletion or amounts appligd for by the Contractor and action taken th<a'eon by the Architect and Owueg on account of por5 lions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.il,5 Payment to material suppliers shall bc treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.5 A Certillcate for Payment, a progre~ payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in acenrd3nce with the Contract Docurnents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not is:sue a ~tc for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does Pot pay the Contractor within seven days after the date established in the Contract Documents ~e amount cer- til'~:l by the. Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum sbaJU be incseased by the amount of the Contractor's reasonable costs of shut<lown, delay and start.up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9,8.1 Substantial Completion is'the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9,8.1~ When the Contractor considers that the Work, or a pot- lion the.reof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items pn the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to dete.rmine whether the Work or deMg- .4,201-1987 17 hated portion thereof is substantially complete. If tire 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- pletiort, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work Or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stansial Completion, shall establish responsibilille$ of the Owner and Contractor for security, maintenance, heat, utlltti~, damage to the Work sod 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 Conlpletion of the Work or designated portion thereof unless bthecwise provided in the Certificate of Sdl~stantial Comple- tion. The Certificate of substantial Completion shall be sub- mlrtecl to the Owller and Comractor for their wr{tteR tance of responsibiliti~ assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in th~ Contract Documents. 9.9 PARTIAL OCOJPANCY O~ ~ 9.9.1 Thc Owner may occupy or use any completed or pas- tially completed portion of thc Work at any sragc when such portion is designated by separate agreement with thc Contrac* tot, provided such occupancy or use is consented to by thc insurer as required under Subpar~raph 11.3.11 and anthesizcd by pubUc authorities having jurisdiction over thc Work. such partial Occupancy or usc may commence whether or not thc portion is substantially compictc, provided thc Owner and Contractor have accepted in writing thc responsibilities aSSigned to e~ch of them for payments, ret.?inage if any, secu- rity, roatntoxance, hcat, uffiities, damage to thc Work and insur- ance, and have agreed in writing concerning thc period for cor- p:ction of the Work and ~ent of warranties rc*qulreti by thc Contta~ Docomen~. When the Contractor comidCzs a pordon substantially complete, the Contractor shall prepare and submit a list to thc Archircct as provided under Subparagraph 9.8,Z. Consent of thc Contractor to lY, mtal oecu- pancy or use shall not be unreasonably withheld, The stage of the progress of the Wo[k shall bc determined by written agree- ment beiween the Owuer and Cootractor or, if no agreement is reached, by dec~fon of thc Architect. 9.9.2 Immediately prior to such partial Occupancy or usc, the Owner, Contractor and Architect shall jointly inspect thc ares to be occupleri 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 po~on or portions of the W6rk 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 Architect will promptly make such inspection and, whefi the ArchRect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, yhe Architect will promptly i.~ue a final C. ertificate for Payment stating that to the best of the Architect's knowledge, information and belief, and On the basis of the Architect's observations and iusp¢ctious, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become duc nntil thc Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and eqnlpmen.t, and other indebtedness connected with the X~/ork for which tile Owner Or the Owner's .properp/ might be respon.~ble or encumbered (leas amounts withheld by Owner) have been paid or otherwise sadsfied, (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 h~ beol 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 linal payment and (5), if reqnlred by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, ~eleases and waivers Of liens, claims, security interests or encumbcances arising out of the Contract, to the extent and in such form as may be designated by the Owner. Ifa Subcon- tractor refu~ to furnish a release o~ waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indermaify.the Owner against such lien. If such lien t-o'naius uusadsiled after payments are made, the Contractor shall refund to the Owner all money that the Owner may be cumpelied to pay in discharging such lien, includir~g all costs and re~onable attorneys' fees. 9.10,3 If, after Substantial Completion of the Work, final coro- pletion thereof is materially delayed through no fault of thc Comractor or by tssuaslce of Cltal~c Orders affecting filial completion, and the Architect .so confirms, the Owner shall, upon application by the Contractor and cettffication by the Architect, anti without terminatil~ the Contract, make paymem o1 the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or cort~ected is leas 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 fuily completed and accepted shall be subn~it- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provlderl in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- consractor or material supplier shall constitute a waiver of daims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payroent. Such waiver~ shall be in addition to the waiver described in Subparagraph 4,3.5. 16 A201-1987 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS ANO Pt~OGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- raining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fac{ th~ material is asbestos or polychlorinated biphenyl (PCB) and. has not been rendered harmless. Th~' Work in the affected area shall be resumed in the absence of .asbestos or polychlori- nated biphenyl (PCB). or when it has been rendered harmless, by wd~ten agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which · arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 tO perform without consent any Work relating to asbestos or polychiorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consulranss and agen~ 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 petfo~ of the Work in the affected area flirt fact the material is asbestos or polychlodnared biphenyl (PCB) arid has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, Oisea~ or death, o~' to injury to or desru~ction of rsngible property (other than the Work itselO including loss of use resulting the~efsom, but ofily to the extent caused in whole or in part by negligent acts or omissions of the Owner, mayone directly or indirectly employed by the Owner or anyone for whose act~ the Owner may be liable, rel~rdiess of whetl~r or not such claim, damage, loss or expense is catted 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 patty or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSOHS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other p~rsons who may be affected thereby; .2 the Work and materials and equipment to be Incoqx)- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subeontractots or Sub-subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavernents, roadways, stmc~res and utilities not designated for removal, tek> cation or replacement in the coupe of consm~ction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders o f public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.$ The Contractor shall erect and maintain, as required by existing conditions and perforroance of the Contract, reason- able safeguards for safety and protection, including posting danger .~;igns and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Gontractor shall promlStiy remedy damage and loss (other than damage or loss insured und~r property insurance requit~x:l by the Comract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and fur which the Contractor is responsible under Clauses 10.2.1.2 and 10,2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may he liable, and ndt attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor axe in addition to the Contractor's obligations under Paragraph 3.18. 10.2.5 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall he the prevention of accidents. 17dis person shall be the Comractor'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 constmccdon or sit& to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contradtor's diseretion, to pre- vent threatened damage, inlory or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11,1 CONTRACTOR'S LIABILITY 11~SURANCE 11,1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project ~s located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under th~ Contraci and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subc~niractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or wodimen'$ compensation, disability benefit and other similar emplOyee benefit acts which are applieable to the Wonk to be pet-roomed; A201-1987 19 .? claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contracsor's employees; .8 clakns for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 daims for damages insured by usual personal injury liability coverage which ase 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 pet~5on; o5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- sMp, maintenance or use of a mptor 4chicle; and .? claims ~nv9lving contractual liability insurance ~ppll- cable to the Contractor's obligations under Paragraph 3. i8. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specifiecl in the Con- traCt Documents or required by law, whichever coverage is g~ater. Coverages, whether written on an occurrence or claim,-made basis, shall be maintained without interruption from date of commencement of the Work until date of payment and termination of any coverage required to be main- tained after final payment. 1'1,1.8 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Ther~ CertiFicates and the insurance policies required by this Paragraph 11.1 shall contain a provLMon that coverages afforded u~dcr the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of thc foregoiog insurance COverages are required to remain in force after final payment and are reason- ably available, an additional ce~te evidencing cOntinuation of such coverage shall be submitted with the final Application for Payment as required by Subl:raragraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Co[~tractor with reasonable promptness in accordance with the Contractor's information and belief. 1t.~' OWNEr'S UABILITY 11.2.1 The Owner shall be respo~tble for purchashg malmalnin~ the Owner's usual liabilio/iosorancc. Optionally, the Owner may purch~ and maln~in other insora~ce for self- protection ~i~nst chims which may ~rise from opc~tions under the Contract. The Contractor shall not be responsthle for purch~in~ and maintaini~ this optional Owner's I/ability insurance unless specifically required by the ContraCt Documents. 11,3 PROPERTY ItlSURANCE 11.3.1 Unless oth~rwi~ provided, the Owner shall purchase and maintain, in a COmpany or companies lawfiJlly authorized to do business in the jurisdiCtion in which the Project is located, property 'insurance ~n the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost baals without vol- untary deduCtibles. Such property insurance shall be main- tained, unless otherwise prodded in the ContraCt Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until Ftnal payment has been made as provided in Paragraph 9.10 or until no person oc entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subL'6ntractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of ftre and extended coverage and physical loss or damage includihg, without duplicati~)n of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings anti debris removal including demolition occas!oned by enforcement of an~ applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1,2 If the Owner does no{ intend to purchase such prop- erty insurance required by the Contract and ·with all of the COverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commence.recur of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontra~ors and Sub- subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to putc chase or maintain iusurance as described above, without so notifying ihe Contractor, then the Owner shall bear all reason- able costs properly attributable thereto. 11.3.1.3 If the property insurance requires minimum deducti- . bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or irtsurer increa~s the required minill~ urn deductibles above the amounts so identified or if the Owner elects to purchase this insu~ with voluntat~ deduc- tible amounts, the Owner shah be responsible for payment of the additional costs r~t COvered because of such incrcued or voluntary detiuctibles. If deduCtibles ~re not identified in the ContraCt Documents, the Owner shall pay costs ~ot covered because of deductibles. 11.8.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site after written approval of thc Owner at the value eg. abllshed in the approval, and also portions of the Work in Lransit: 11.3.2 Boiler and MaChlne~/ Insurance, The Owner shall purchase and maintain boiler and machinery insurance required by the ContraCt IN:)cuments or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Coortactor, Subcontractors and Sub- subcontracto~ in the Work, and the Owner and Contractor shall be named insoreds. 11.3.3 Loss of Use Insural~ce. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property · due to fire or other hazards, however caused. The Owner waives all rights of acrinn against the Contractor for loss of nsc of the Owner's property, including consequential [o~ses due to fire or other hazards however caused. 11.3,4 If the Contractor requests in writing that insurance for risi~ other than those described herein or for other special haz- ards be included in the property insutsnce policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor- by appropriate Change Order. 20 A201-1987 11.3.5 If during the Project constroction period the Owner insures properties, real or personal or both, adjoining or ;iris- -cent to the site by property insurance under polici~ separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Pro~ect through a policy or policies other than those insuring the Proj- ect durin~ the construction period, the Owner shall waive all rights in accordance with the ten-us of Subparagraph I 1-3.7 for damages caused by fire or Other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, de£mi- dons, exclusions and endorsements related to this Project. Each policy shall conUln a provision that the policy will not be cancelled or allowed] to expise until at least 30 days' prlo. r writ- ten notice has been given to th/e Contractor. 11.3.7' We~lvem of Subrogatlott. The Owner and.Cont.m~tor waive all rights =g-~tn.~t (1) each other and any of their subcon- tractOrS, sub-subconmtctorS, agents and employees, each of the other, and (2) the Architect, Architect's consulra~lts, sepaxate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained purSuant to this Paragraph 11.3 or other property insurance applicable to the Work, except ~uch rights as they have to proceeds of such li~urance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall requise of the Architect, Architect,s consultants, separate contractorS de~'ibed in Article 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employees of any of them, by appropriate agreernents, written where legally required for validity, similar waiverS each in favor of other' patties enum- erated herein. The policies shall provide such waiverS of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would o~herwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indiro.-tly, and whether or not the pear, on or entity had an insurable interest in the property damaged. 11.3.9 A loss insured under Owner's property Insurance shall be adjusted by th~ Owner as fiduciary and made payable to the Owner as fiduciary for the insurers, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparag~ph II.3A0. The Contractor shall pay Subcontractors their Just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.3.9 11 required in wridng by a part}, in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- ceed$ 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 athitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agrcemem is made, replace~nent of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary Sh~ have power to adjust and settle a loss with insurerS unless one of the parties in interest shall object in writing within five days after occurrence of loss lo the Owner's exercise of this power; if such objection be made, arbitratorS shall he chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitratorS. If distribution of insurance proceeds by arbitration is required, the arbitratorS will direct such distribution. 11.3.11 Partial oc6upancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com~ panics providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owr~er and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written eonseot, take no action with respect to pacdal occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANC~ BONI~ A-HO PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to romish bonds covering faithful performance of the Con- tract and payment of obligations ad:sing thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneticlary of bonds covering paymem of obliga- tions ~ising 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 UNCO~.RING 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 thc Contract Documents, it must, if required in writing by the Architect. be uncovered for the Architect's observation and be replaced at the Contractor's expense without change fo the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specif'~dly requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- 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 sha~l promptly cortect Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed ot completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expense~ made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the d~te Al& DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCT[ON · FOUR~ EDITION A201-1987 21 for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warrahty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct It prompfly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written aecep- rance of such condition. This period of one year shall be extended with respect to portions of Work first pedonned 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 give such noric~ 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 acc.ordance with the requirements of the Contract Documents and ate neither corrected by the Contractor nor accepied 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- riance 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 rell days ~fter 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 beert.boroe by the Con- tractor, including compensation for thc Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which thc Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the contractor shall pay the difference to the 12,2.5 Thc Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially comp~ered, of the Owner or separate contractors caused by the contractor's cor~,.':tion or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2,6 Nothing contained in this Paragr~h 12.2 shall be con- stmed to establish a period of limitation wRh 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 specifid obligation of the Contractor to correct the Work, and has no relationship tO .'.he time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be comnaenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifteally 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 requiseme~ts of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether Or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNIHG LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND A~SIONS 13.2,1 The Owner and contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the COn- tract Documents. Neither party to the contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible ]~o~'all obfigations under the Con~xact: 13.3 WR~t~ ~=N NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an Officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the parly giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by thc Contract Docu- ments and rights and remedies available thereunder shafi be in addition to and not a limitation of duries, obligations, rights and remedies o~crwise imposed or available by law. 13.4.2 Ilo action or failure to act by the Owner, Architect or Contractor shMl constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by thc Contract Docusne~ts or by laws, ordi- n,~ces, niles, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Conn~-'tor shall make arrangements for such ~estS, inspectinns and approvals with an independent test- ing labotato~ or entity acceptable to the Owner, or with the appropriate public authority, an~d shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made ~o the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requiremenLs until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owngr or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon wrkten authorization from the Owner, instruct the Contractor to make arrangements for such additional testiog, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Archirect of when and where tests and inspections are to he made so the Architect may observe such procedureS. 22 A201-1987 The Owner sh~l[ ~ such costs except as provided in Sob~ paragraph 15.5.5. 13.5.3 If such ~ro~edures for testing, inspection or ~pprov~ under Subp~ag~phs 1~.5.1 ~d 15.5.2 rev~ ~ure of ~e ~ns of th~ ~ork to ~mply wi~ r~qutr~en~ ~lBhed by die ~n~ ~ments, the ~nt~or s~ ~r ~ ~ ma~ n~ by $u~ f~urc indud~ thO~ of r~ted pr~du~ ~d ~m~t~n for the ~chit~'s ~ic~ ~d ex~. ~8,~.4 R~uir~ ~ifi~t~ of t~ting, iron.ion or app~vM $h~, unl~ ~herw~ requ~r~ by the Cont~ ~uments, ~ ~cur~ by the ~ntra~or ~d promptly delivered to the Archit~t. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents. the Architect will (~o so promptly and, where practicable,, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13,6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear imerest from the date payment is due at such rate as the parties may ~ upon in writing or, in the ab~nce thereof, at the legal rate prevailing from time to time at the place where the Project is 13.7 COMMENCEMENT OF STATUTORY LIMrrATtON PERIOO 13.7.1 AS between the Owner and Contractor: .1 Before Sutmtanflal Completion. As to acrs or failures to act occurring prior to the relevant date of Substan- tial Completion, 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 such date of Substantial Completion; .2 BetWeen 8ul:~tantlal Comp~tlon and Hn~l ~ cate for PelrreenL As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Ce[tiff- 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 Ce~'lfloate 1or Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certif'~ate rot Payment, any appli- cable statute of limitations shali 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 any act or failure to act by the Contractor pursttant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATIOH BY THE CONTRACTOR 14.1.1 Thc Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of govemme0t, such as a declaration of national emergency, making material unavailable; .3 because the Architect bas not issued a Certificate for · Payment and has not notified the Contractor of the reason for withholding certification ~ provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percefu of the total hum-' bet of days scheduled for completion, or 120 days in any 365-day period, whichever is legs; or .5 the Owner has failed to Famish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and constmctinn equipment and machinery, including reasonable overhead, profit and 14.1,3 If the Work is stopped for a period of 60 days through nO act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven addRlonal days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or falls to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for maCeriais or labor in accordance with the respective agreements hetwcen the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to jtts- A201-1987 23 fif7 sudt action, may without prejudice to any other rights or remedies of the Owner and after giving the Contracto~ and Contractor's surety, if any, seven day~* written niYiice, teemt- hate employment of the Contractor and, may, subject to any prior rights of the .'1 take pos.~ession of the site and of ail itaateriais, equip- rne~t, tools, ax'rd[ constmctinn equipment and machin- eq' thexe, on owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .:{ finish the Work by whatever reasonable method the Owner may dee~ expedient. 'l 4,2.$ When the Owner lcrrninates the Contract for one of the re~e'op.s Stated in Sub[:mragtaph 14.2,1, the Contractor shall not he entitled to receive further payment until the work is ftnished. 14.'~ .( If t]~ unpaid balance of the Contract Su.m exceeds costs o{ fixxishin~g t~ Work, includin~ compensation tot the Azchi- tect's seivlcns and .expenses made necessasy thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid ~, the COntractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be celxlfied by the A~chitect, upon appli- cation, and this obligation for paymem shall survive termina- tion of the Contnict. 14.3 SUSt~NSION BY THE OWNER i=O~ CO~/F=N1ENCE '{4.3. ! 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. ~4.3.2 An adinstment shall be made for increases in the cost o[ performance of the Contract, including profit on the increased cost of'performance, caused by suspension, delay oF interrup- tion, NO adjustment shall be made to the extent: .1 that performance is, was or would have been so Sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under anoth& i~rovislon of this ContracL 14.3.:{ Adjustments made in the cost ofperfomaance may have a mutually agreed fixed or percentage fee, 24 A20:I-1987 3/87 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or ciause 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.t8. (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. Excavation & Grading / Recharge Basin & Fish Pond: H-I .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 min. imum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). Contractual Liability (Hold Harmless Coverage): Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: Excavation & Grading / Recharge Basin & Fish Pond: H-2 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for EXCAVATION, GRADING AND HAULING For the construction of a RECHARGE BASIN & PERMANENT FISH POND at Greenport Inf(3rmation Booth State Route 25 Greenport, New York 11944 Excavation & Grading I Recharge Basin & Fish Pond: L-I OCONTRACT REQUIREMENTS~' Each public work contract to which the Stetez a public benefit corporation, a municipal corporation or a commisszon appointed pursuant to is a p~rty and which may involve the empIo~ment of iaborers, workers or mechanzcs~ sha~l comply Hith the ~equirements of Article 8 (Sections of the New York State Labor Law: No laborer, worker or mechanic in ~he 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 oP mope than five days in any one week except in the extraordinary emergencies set forth in the Labor LaN or Hhere a dispensation is granted by the Commissioner of Labor. 2. Each laborer, worker oP mechanic employed by the or subcontractor shall be paid notless than the prevailing rate of wages as indicated on the wage schedule provided bytthe Department, Bureau of Public HerE. The prevailing ra e of Hage shall be annually determined no later than thirty days prior to July [st of each year. The prevailing rate of wage for the period commencing July first of such year through June thirtieth, inclusive of the following year shal! be the rate of wage set forth in collective bargaining agreements for the same period, including those ~ncreases f~r such period which are-directly ~s~ertainable from such collective bargaining-agreements. - ' (See Sections Z20.5~ 5. [t shall be the duty of the department of ~urisdiction to file Nith the fiscal officer, the classification of workers mechanics and ~aboPers to be employed on a public work pro~ect, together Hith a statement of the work to be performed by each classification. (See Section The contractor and every subcontractor shal! post in a prominent and accessible p~ace at the Here site a 'statement of all wage rates and supplements to be paid or provided for the various c~asses of mechanics, workers or ~aborers. (See Section 5. No employee shall be deemed to be an apprentice unless individua]ly registered with the New York State Department of Labor. The a[lo~able ratio of apprentices to ~ourney- level workers in any craft classification sha~l not be ~reater than the Pa~io permitted to the contractor as to its work force on any ~ob under the registered program. Any employee who is not registered as above, shall be paid or provided the prevailin~ wage and supplement rate for the ~ourney level c~assiflcatzon of work actuall~ performed. The contractor or subcontractor will be requzred to furnish written evidence of registration of its program and apprentices as well as of the appropriate ratios and wage a~d supplement rates fop the area of construction~ prior ~o us%no any apprentices on the contract HOPE. (See Section 6. (a) No contractor~ subcontractor, nor any person acting on its behalf, shall b~ reason of race, creed, disability, sex or natzonal origin discriminate against any citizen of the State of New York ~ho is and available to perform the work to which ~he employment relates. (See Section 220-e(a)) (b) No contractor~ subcontractor~ nor an~ person acting on its behalf~ shall in any menner~ discrimznate against or intimidate any employee on account of race, creed~ co~or, disability~ sex or national origin. (See Section Note= The Human Eights Law also prohibits discrimination in employment because of age~ marital status or religion. (c) There may be deducted from the amount pa~able to ~he contractor under the contract a penalty of fifty dollars for each calendar day during which such person was discriminated agains~ or intimidated in violation of the provisions of the contract. (Section Z20-e(c)) · , {d) 7. (al (b) The cont~ may be. cancelled or termipate~y the S~ate or munici~ity~ and all moneys due or to I~me due thereunder~=Taay be forfei(ed, for a second ~l~l~nysubsequent violation of (he (erms or conditions of the antidiscrimina(ion sections of the contrac(. (See Section ZZO-e(d)) All con(fac(ors or (heir subcontractors shall provide (o their subcontrac(ors a copy of (he prevailing Nage ra(e schedule specified in the public Hork contract as Nell as any subsequently issued schedules. A failure to provide (hese schedules by a con(fac(or or subcon(ractor is e violation of Article 8 or (he Labor Law. (See Sec(ion Z20-e(d)) All subcontractors engaged by a public i~Provement con(fac(or or its subcontractor, upon receipt of (he original schedule and any subsequen(ly issued schedulest shall provide to such contractor a verified statement attesting (hat the subcontrac(or has received the Hage schedule and Nill pay or provide the applicable rate of Nages and supplements specified (herein. (See Sec(ion 220-a) PH-S (8-99). ATTENTION=~LL CONTRACTORS AND SUBCONTRACTC ENGAGED ON PICNIC HORK PROJECTS IN NEH YOR[SI ': INTRODUCTION: Below ape the ma~or provisions of the Labor Law covering workers on public work pPo~ects. HOURS= A laborer. HorkeP er mechanic is permitted to woPE on a public wore pPoSect no more than eight hours a day and no mope than five days in a HeaR, except in case of extraordinary emergency such es a fire, flood or danger to life oP ~PopePty. You ~ay apply to the Bureau of Public Hork for a DISPENSATION permitting Horkeps to HoPE additional hours or days per week on a particular public HoPE pPo~ect. HAGES AND SUPPLEHENTS: The wages and supplements to be paid and provided fop ]aborePs~ workers and mechanics employed on a public HoPE pro~ect shall be not less than those listed in the current pPevailing Pate schedule for the locality HhePe the Hork is performed. [fa prevailing Pete schedule fop the pro~ect has not been provided to the prime contractor by the department of .~urisdiction (i.e., the governmenta! entity aHarding the public HoPE contract), or to a subcontractor by the prime contractor, the apollcable schedule must be obtained from the Dep~me~t o~ Jurisdiction, who must make written appllcatlon to the Bureau of Public HOPE, Labor ~epar~mentx Building No. 12, State Office Building Campus, Albany, New York lZ2q0. The prime contractor is responsible fop any undePpayments of prevailing Hages oP supplements by its subcontractors. PAYROLL'RECORDS': Every contractor and-subcontractor must keep originals or transcripts of payroll recoPds~ showing for each pePson employed on' public - HerE, the following. 1. Name 2. Address and phone number 5. Social Security Number, q. Occupational classification in Hhich worked~ 5. Hourly Hege rate paid 6. Supplements provided 7. Daily end weekly numbep of hours worked in each classification 8. Deductions made 9. Actual Hages paid, Hhen pe~rol! records are requested by the Co~lissioner~ each payroll record must be effzrmed as true under the penalties of perSuPy Hh~ch means a notoPized signature to that effect. Such records must be kept on the site of the wore Hhen the contractor or subcontPactor does not maintain a regular place of business in NeH Yore State and the amount of the contract exceeds $25~000. All other contractors and subcontractors must, within 5 da~s after a request~ produce at the HoPE si~e the original payrolls or transcripts. Ever~ contractor and subcontractor shall submit to the Dept. of Jurisdiction Hithzn thPity days after issuance of it's firs~ payPo11, and every thirty days thereafter, a transcrip~ of the orieinal payroll records, subscribed and affirmed as true under penal~y et peP3ury~ as provided by Article B, Section 220, of the NYS Labor LaH. The DEPARTHENT OF JURISDICT[ON shall receive and maintain such payroll records. The original payrolls and transcripts must be preserved for three years from the date of completion of the pPo~ect. POSTING= The current prevailing rate schedule must be posted in a pro~nent and accessible place on the site of the public Here pPo~ect. APPRENTICES: Employees cannot be paid apprentice Pates if they ape not individually registered under a program or agreement registered with the Commissioner of Labor. The contractor or suScontPactoP will be required to furnish Hritten evidence of the registration of its program and apprentices and of the appropriate Patio. The allowable ratio of apprentices to ~ouPne~nen in any craft classification can be no gPeateP than the ratio permitted to the contractor or subcontractor as to its HoPE force on any ~ob under the registered program. An employee listed on a pa~ro11 ~s an appPentice~ who is not registered as above~ must be paid the prevailing 3ourneymants Hage rate for that classification of woPE. (See attached sheet detailing Apprentice to Journeyman ~atios) HITHNOLDING OF PAYMENTS: Hhen a complaint is filed Hith the Commissioner of Labor alleging the failure of a con~PactoP or subcontractor to pay or provide the pPevaiiing wages or supple~entsz eP when the Co~issioneP of Labor believes that unpaid wages or supplements may be due~ payments on the public wore contract may be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid Hages and supplemants~ including interest and civil penalty~ pending a final determination. INTEREST AND PENALTIES: If an underpayment of Hages or supplements is found~ interest must be added at the rate then in effect prescribed by the SupePintendent of Banks pursuant to section lq-a of the banking 1aH per annum from the date of underpayment to the date of the neH payment, and may also include the imposition o~ a civil penalty not to exceed 2SZ of the amount due. DEBARMENT: Hhen final determinations have been made a~ainst a contractor or subcontractor in two instances Hithin a six-year pePie6 determining that it willfully failed to pay or provide the prevailing Pate of Hages oP supplements, or 'if there is one wilflio~lation lhat involve~ f~lsifii~iicn o(payroll records or kickback of w~s, such contractor or Su~contr~r will be ineligible to bid on or be awarded a public work coniract~r a period of five years from the second final determination. CRIMINAL SANCTIONS: Hillful violations of the Prevailing Hage Law (Article 8 of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment, or both. DISCRIMINATION= No employee or applican~ for emPloymen~ may be discriminated against on account of age~ race~ creed~ color~ national'origin, sex~ disability or ~ri~a) status. ~vePy e~loyer sub~ect to.the NaN York Sta~e Human Rights LaN mus conspzcuouszy post at zts offzces~ pzaces of e~loy~nt or e~loy~n~ ~raining centers~ not3ces furnished by ~he State Division of Human R~gn~s. POSTING OF OTHER NOTICES: Every e~loyer providing Horker~s co~ensa~ion insurance and d~sability benefits must pos~ in a conspicuous p]ace no~ces of such coverage in a ~orm prescribed by the Horkers~ Co~ensation Board. E~loyers ]iable for contributions under the Une~loy~n~ Insurance LaN must conspzcuous)y pos~ notices furnished by the State Depart~nt of Labor. PH 19 (7-99) docm: letter2b  H PREVAILING HAGE RAT~ PUBLIC/Ij~,~~. ~,:, PLACABLE TO ALL COUNTIES ~ {~) AS NOTED ON PREVAILING RATE SCHEDULES PAGES, The annual detePmination of the pPevailing Pates of Hages and supplements fop HoPkePs en~ployed on public NoPE pPo~ects thPoughout the s~ate H~ll be published on Hay 31st of each yeaP. These neN Pates mill be in effect July ls~ thPu June 50th. This new de~ePmination Hil! supePsede ~he oPiginal schedule or any pPioP issued annual detePminetion. It is the Pesponsibility of the contracting agency or its agents to provide all pPevail[ng rate schedules to eontra~toPs immediately upon receipt. ~n¥ Pate chan~e f~o~a previously' issued determination becomes ef~eFtive July Js~! re~ard[ess o~ HnetheP ~he new determznatzon has been peceJveo Dy'the Hhen you review ~he schedule fop a particular occupation, youP attention should be directed ~o the dates above the column of ra~es. These are the dates that additional adjustments become effective. PH~202 (fi-95) docm: letterd VERII THE REGISTRATION APPRENTICES Certain SGate and Federal LaNe require GhaG apprentices m-~sG be individually regisGered as such in order to be paid apprenticeship rages on Public Hork. The MeN York Labor Department ~s Ghe offlclal registraG1on agency for apprentides in HeN York SGaGe. No, other Federal or State Agency or office regisGers apprenGices in NeH York SGaGe. Each year the apprenGice Gra~nin~ central office in Albany receives hundreds o~ requests from Federal and State Agencies, Contractorsz and other [nGeresGed parGies requesGing ver[ficaG~on o7 individual apprenGlce registrations. The folloNing informeG[on is provided in order to clarify NeH York SGaGe procedures. .All registered apprenG[ces in NeN York SGate are individually regisGered by name, address, social securiGy number, sGarGing daGe of training, and other related 'daGa. This information is compuGerized and is available ONLY through the Albany Apprentice Training CenGral Office. Persons wishing Go verify the apprentice registration of any individual Should write to the Senior Employment ConsulGenG, MeN York State Department of Labor, Job Service and Training Division, Building 12, State Office Building Campus, Albany, NeN York 1~2q0. Al1' ~nquiries MUST include-name and social security number and will be answered in writing. The response Nil1 indicaGe whether or not th~ ind[vidua~ is registered, and if so, ~ill provide oGher pertinent information regarding Ghe registration. The only conclusive proof of individual apprentice registraGion is Nritten veri~icaGion ~rom the Albany Apprentice Training CenGral O~fice. Neither Federal nor State Apprentice Training Offices outside Albany can provide conclusive regisGration ~n~ormaGion. · IG should be noted thaG Ghe existence o~ a regis'feted apprenticeship program is not conclusive proof that any individual is registered in that program. Furthermore, the exisGence or possession of Hallet cards, identification cards or copies of stage forms are'not concluslve proof of the registration of any individual as an apprenGice. PH-20$ (7-99) docm: letter2e ~ Page 1 vailing Rata Schedur~' Ne~ York State Department of Labor .................................. Case Number .................................. 01003~1 SUFFOLK 2000A INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the contained in the attached Schedule of Prevailing Rates. PAID HOLIDAYS Paid Holidays are days for ~hich an el[pible entp]oyee receives a regular day's pay, but is not requzred to perform HarK. Not~: If eh.employee works on a day ]~sted as a paid holiday, this remuneration is ~n add~tzon to payment of the re~u~red prevailing rate for the ~ork actually performed. OVERTZME · Overt]me ho[ida~ pa~ ~s the premium pay that is required for Hark performed an speoified holidays. It ~s only required Hhere the employee . actually ~erforms ~ork on such ho][days. The a~p[~cab[e ho][days are listed' under H~L~DAYS: OVERTIME, The required ra~e of pay for ~hese covered holidays can be found [n the OVERTIME PAY section ~istings for each classification. $~PPLEHENTAL BENEFITS Particular attention should be given to the supp[eme0te] benefit requirements. Although ~n most cases the payment or prov~szon of supplements is for each hour ~orked, some classifications require the payment or provision of supplements for each hour pa~d (this may incrude paid ho][days on ~hich no ~ork is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours Harked. EFFECTIVE DATES Hhen you revieH the schedule ~or a particular trade or occupation~your attention should be directed to the date above the column(s) of rates. This is the date on ~hich the rate become effective. The rate listed is va]id until the next effective rate change or until the neH annua! determination, Hhich takes effect on July ! of each year. Al! contractors and subcontractors are required to pay the current prevaiIing rates of wages and supplements. The department of ~urisdiction is required to provide a copy of the current annua! determination. Should you have questions, pIease contact the Bureau of Public Hark or visit the NYS Department of Labor's Heb s~te at HHH.~abor.state.ny.us for curren~ Hage rate information.. HORKERS CONPENSAT~0N In accordance Hith Section ~q2 o~ the State Finance LaH, the contractor sba]! maintain coverage under the ]]fa of the contract for ~he benefit of such employees as required by the provisions of the Ne~ York State Horkers~ Comeensation LaH. -Contractor to be a~arded contract must pray]de ~roof of Horkers~ Compensation coverage prior to being al]owed to aeg[n Hark. -The poI[cy of insurance must be issued by a company authorized to provide Horkers~ Compensation coverage in th~s state. ~ailing Rate Schedule ~e Page 2 New York State partment of Labor .................................. Case Number .................................. 01005~1 SUFFOLK 2000A -Proof of coverage must be on form C-105.2 (Certificate of Horkers' Compensation Insurance) and must name this agency as a certififcate holder. -If NeH York State coverage is added to an existing out of state policy~ it can only be added to a policy of a cempany authorized to write Horkers~ Compensation coverage ~n this state, and the coverage must be listed under item 5A of the znformetion page. -The contract must maintain proof that subcontractors doing Hork covered under this contract secure and r~aintain a Horkers~ Compensation policy for ali employees working in NaN York State. If you have any questions concerning the attached schedule or Hould like additional information, please contact nearest BUREAU of PUBLIC HORK District Office or write to the NEH YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC HORK, BUILDING I2, STATE OFFICE BUILDING CAHPUS, ALBANY, NEH YORK I22q0. District Office Locations= Bureau.of Public Mork - Albany Bureau of Public Hork Binghamton Bureau Of Public Hork Buffalo Bureau of Public Mork - Nempatead Bureau of Public Hork Rochester Bureau of Public Hork - Syracuse Bureau of Public Hork U~ica Bureau of Public Hork - Mhite Plains Bureau of Public Hork - New York City Bureau of Public Hork Central Off~ce OVbRIIMb Teleohone# 518-~7-27q~ 607-721-8005 716-8q7-7159 516-~85-q878 716-258-~505 ~15-q28-q056 ~15-795-251q 91q-997-9507 212-$52-6088 518-q57-5589 518-~85-0240. 607-721-800~ 716-8~7-7650 516-~85-0~22 716-258-q708 ~15-~28-~671 515-79~-2~q2 91q-997-9525 212-~52-6186 518-q85-1870 (7/06/99) C ) D1) E ) El) (E2) (ES) FolloHing is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the OVERTIME section. ( A ) Time and one half of the hourly rate after 7 hours per day. (AA) Time and one half of the hourly rate after 7 and one half hours per day. ( B ) Time and one half of the hourly rate after 8 hours per day. (BI) Time and one ha]f of the hourly rate for the 9th &]Oth hours week days and the 1st 8 hours on Saturday. Ooub]e the hourly rate for additional hours. Double the hourly rate after 7 hours per day. Double the hourly rate after 7 and one half hours per day. Double the hourly rate after 8 hours per day. Double the hourly rate after 9 hours per day. T~me and one half of the hourly rate on Saturday. Time and one half let q hours on Saturday. Double the hourly rate al~ additiona! Saturday hours. Saturday may be used as a make-up day at straight time Hhen a day is lost durznn that week due to inclement weazner. BetHeen November 1st and March ~rd Saturday may be used as a make-up day at straight time when a day is lost dur~n~ that weekdue to inclement Heather, provided a given employee ~as wor~ed betHeen 16 and hours that aeek. (Eq) Saturday and Sunday may be used as a make-up day at straight time ~evailing Rate Schedule Page New York State Department of Labor .................................. Case Number .................................. OlO03ql SUFFOLK 2000A when a day is lost ~urinq that week due to inclement weather. F Time and one half o, the hourly ra~e on Saturday and Sunday. G Time and one half of the hourly rate on Saturday and Holidays. H Time and one half of the hourly rate on Saturday, Sunday, and Holidays. I Time and one half of the hourly rate on Sunday. J Time and one half of the hourly rate on Sunday and Holidays. K Time and one half of the hourly rate on Holidays. L Double the hourly rate on Saturday. M Double the hourly rate on Saturday and Sunday. ' N Double the hourly rate on Saturday and Holidays. 0 Doub]e the hourly rate on Saturday, Sunday, and HoIidays. P Double the hourly rate on Sunday. Q Double the hourly rate on Sunday and Holidays. R Double ~he hourly rate on Holidays. S Two and one half times the hourly rate for Holidays. if worked. SI) Two and one half times the hourly rate the first 8 hours on Sunday or Hoilidays. One and one half times the hourly rate all additional hours. ( T ) Triple ~he hourly rate for Holidays, if worked. ( U ) Four times the hourly rate for Holidays, if worked. ( V ) Iocluding benefits at SAME PREMIUM as shown for overtime. ( H ).Tzme and one half for benefit~ on all overtime hours. NOTE: BENEFITS are PER HOUR HORKED, for each hour worked, unless otherHise . noted HOLIDAYS PAID Paid Holidays are days for which an eligible employee receives a regular day's ~ay~ but is not requzred to perform ~ork. Note: If ~n employee works on a day l~sted as a.p~id holiday, this remuneration is in addztion to payment of the requzred preva~lzng ra~e for the work actually performed. OVERTIME Overtime holiday pay is the premium pay that is required for work performed on spec~fzed holidays. It is only required where the employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in the a~tached schedule. 1he Holldays as listed below are to be paid at the wage rates at which the employee is normally classified. 1 None. 2 Labor Day. ~ Memorial Day and Labor uay. Memorial Day and July q~h.... . Memorial Day~ July ~th, ano ~aoor uay. HeN Year's Day. Thanksgiving Day, and Christmas Day. Lincoln's Birthday, Hashington's Birthday, and Veterans Day. Good Friday. Lincoln's Birthday. 10 Hashington~s Birthday. 11 Columbus Day. Election Day. ' ~vailing Rate Schedule Page 'lq New York State DepaFtment of Labor .................................. Case Number .................................. 0100~1 SUFFOLK 2000A Guiderai! Installation. OVERTIME PAY: See ( A, D1, EX, Q~ V ) on OVERTIME PAGE. ~Double time after 7 hours on Saturday. ~ee ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2) year terms at the following percentage of Journeyman's SUPPLEHENTAL BENEFITS:(per hour worked) Journeyman $ 18.66 Appr 1st term 19.01 AppP 2nd term 19.59 Appr Srd term 20.15 Appr qth te~m 21.29 Appr Sth term 21.87 Appr 6th term 22.99 9-S80 LABORER HAGFS (per hour) 07/01/99- 06/20/00 BuildingLaborer: Except Abatement ...... $ 22.55 For Abatement See Below OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. See ( i ) on HOLIDAY PAGE. ME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS= (per hour ~orked) $ 15.49 07/01/00- 07/01/01- 06/$0/01 06/$0/02 $ 1.~8 edt1. $ 1.q3 adtl Abatement Onl~ ........ 07-01-00- 12-01-00- 12-01-01- 12-01-02- 11-$0-00 11-30-01 11-$0-02 11-$0-03 Hages ..................... $ 21.q5 $ 1.55 adtl. $ 1.00 adtl. $ 1.00 edtl. Supplemental Benefits ( per hour Horked ) ....... $ fi. O0 ~-66 LABORER - HbAVY/HIOHHAY Laborer (Heavy/High~ay)= Group # 1: Asphalt Rakers and Formsetters. Page 15 vailing Rate Schedule New York S~ata Depar~men~ of Labor .................................. Case Number .................................. 01005ql ~UFFOLK 2000A Group # 2: Asphal~ Shovelers, Roller Boys and Tampers. Group # 5: Basic Laborer, PoHer Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. HAGES (per hour) 6-01-00- 6-01-01- 6-01-02- 5-51-01 5-51-02 5-~1-05 Heavy/Highway Laborer: Group # 1 ............. $ 26.67 $ 1.q5 edt1. $ 1.50 adtl. Group # 2 ............. 26.06 1.q2 " 1.q7 " 9roup # 5. 2~.05 1.55 " 1.qO " NOTE: PREMIUM PAY 20% on straight ~ime hours for NEH YORK STATE D.O.T and o~her GOVERNMENTAL MANDATED off-shift work. Apprentices: ( I ) year terms a~ the following percentages of journeymans wage. ls~ year .......... 2nd year .......... O~ERTIME PAY: See ( B, F,' E2 ) ~n OVERTIME P~GE~ ~ee ( I ) on HOLIDAY PAGE. OVERTIME: See ( I ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) MASON-Bu~ldzna HA~Estper hour) 1/01/00 Building: .Marble/ Sawyer, Rubber & Polisher ............ $ 29.98 Marble Restoration Finishers ............. 15.07 ~-1298 OV~T~E PAY: See ( A, E, Q, V ) on OVERTIME PAGE. PAID HULZDA¥: Journeymen receive 1/2 days pay for Labor Day. Cleaner, Mazn~enance and IST %hree terms o~ Appren{ices See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. All others See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at ~he following percentage o~ Journeyman's ~e. 2nd q~ 5t~ ~ 7th 8t SUPPLEMENTAt BENEFITS:(per hour worked) Journeyman $ 12.Z5 Cleaner/Maintenance 2.qO Appr 5.80 + wage percentage o~ $ 6.09 ~evailing Ra~e Schedule Page 25 New York State Department of Labor .................................. Case Number .................................. OlO0$ql .SUFFOLK 2000A Decking S Siding ............. 9.96 q-28 HbLUEE Helder...To be paid ~he rate of the mechanic performing the work. TEAMSTER-Buildin~ Truck Driver (Building and Heavy/Highway): GROUP ]: Chauffeur and Excavation. HAGES (per hour) 7-01-00- 7-01-01- 6-50-01 6-50-02 Truck Driver (Building and Heavy/Highway): Group 1 ................. .- · 28.755 ~.29.q05 Drivers of three-axle tpac~ops S trailersz t6.00 per day additional. Drivers o~ heavy equ~p~n~ 8 tagalong trailers, $ lO.O0 pep day additional. Drivers of boom trucks~ t 10.00 per ~ay additional. OVERTIHE PAY: See ( B, E~ E ) on OVERT]HE PAGE. See ( 5, 6, 16, Z5 )~ on HOL]DAY PAGE. E: See ( 5, 6, 16, 25 )~ on HOLIDAY PAGE. Hork tho days in holiday Heek. SUPPLENENTAL BENEFITS: (pep hour ~orked) q-282nsh TEAMSTER- Demolition/Debris, Asbestos/Toxic Has~e HAGES (per hour) 7-01-00- 7-01-01- 6/50/01 6-30-02 Truck Driver, Chauffeur or Loader/Opera'or $ 21.55 $ 21.85 21.65 22.15 OVERTIME PAY= See ( B, L, S, SI,) on OVERTIME PAGE. HOlidAYS= PAID=[~)See ( 5, 6, 7, 8, 11, 12~ 26 ) on Holiday Page. (~) Hus~ work ~wo days zn Holiday week SUPPLEMENTAL BENEFITS: (per hour worked) Page 26 /ailing Rate Schedule NaN York State Departmen~ of Labor .................................. Case Number .................................. OlO0~ql SUFFOLK 2000A $ 1~.~ $ lq.68 q-282.Oemo HAGES (per hour) 7-01-00- 1-01-01- 12-31-00 6-30-01 Sign Erector .......... $ 27.q0 27.90 OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. ~ea ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5,6~ lOj 11, 12~ 16 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms aA the folloHing percentage of journeyman's qb% SUPPLEHENTAL BENEFITS: Journeyman App ls~ ~erm .......... App 2nd ~arm ......... App 3rd ~erm ......... App q~h ~erm ......... App 5~h ~erm ......... App 6~h ~erm ......... arm ......... App erm ......... App 9th term ......... App lOth term ........ ~ 6~h 7th 8th '9th 10th ~ 60% 65% 70% 75% 80% 17.q7 $ 17.60 3.61 3.63 q. Oq q.07 q.q8 q .51 q.91 q.9q 7.3q 7.38 7.77 7.82 10.21 10.25 lO.8q 10.89 13.07 13.12 13.50 13.56 9-157 ~revailing Rate Schedule Page 29 New York State Department of Labor .................................. Case Number .................................. OlOOSql .SUFFOLK 2000A HAGES(per hour) 10/16/99 10/16/00 Core Drilling: Driller .............. $ 22.98 Addit. $1.25/hr. Helper ................ 19.22 Addit. $1.O0/hr. Note: Hazardous Haste Pay Differential: For Level C, an additional $ 0.25 per hour For LevelB; an additional .75 per hour For Level A, an additional 1.O0 per hour Note: Hhen required to work on water: an additional $ 0.25 per hour. OVERTIME PAY: See ( B, E, K~, P, R~ ) on OVERTIHE PAGE. HOLIDAYS: ffAZU: See ( 5, 6 ) on HOLIDAY PAGE. OVERTIHE: ~ See (5; 6 ) on HOLIDAY PAGE. ~N See ( 8, 10, 11, 15 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS=(per hoar ~o~ked) $ 7.69 PUHER EOUIPHENT UFbNAIUN - Heavv/HzohNay HAGES (pep hour) 7-01-00- 8-01-00- 7-31-00 7-$1-01 Hell Driller: .......... $ 23.72 ~ 23.83 Hell Driller Helper:... Zl.lO 21.15 OVERTIME PAY: See ( B~ E, G, P ) on OVERTIME PAGE. HOLIDAYS: PAIU: See ( 5, 6, 16, 23 ) on HOLIDAY PAGE. OVeR 11ME= See ( 5~ 6, 16, 25 ) on OVERTIME PAGE. 9-15~6 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman .............. $ 8.65+ Overtime... $ 10.9S + 10% of ra*e 10% of Pate Hazardous Has*e Oif~ePential Level A ............... ;. $ $.00 p~r , hr o~er Pate LeveI B ................. 2.00 Level C ................. 1.00 " " " " q-138well ~evailing Rate SEhedule'' Page $0 New York State Department of Labor .................................. Case Number .................................. 01003ql SUFFOLK 2000A PUHEH EUUIPMbN10?ERAIUR - Bulldinm BUIL~IN~ CLASS A :Crane. Truck Crane, Derrick, Dragline, Dredge. Crawler Crane, Tower Crane. Pile Driver. CLASS "B": Asphalt Spreader, Backhoe CraNler. Boiler, 6oring Machine. Cherry Picker (over 50 tons}. Concrete Pump. Gradall. Graderz Hoist, Loading Machine (lO yds or more}. Milling Machine. Power Hinch-Stone betting/Structural Steel/Truck Mounted, Powerhouse, Road Paver, Scoop-Carryall-Scraper in Tandem, Shove~. Sideboo~ Tractor, Stone Spreader (Self Propelled), Tank Work, Tower Crane Engineer. CLASS "C": Backhoe, Boom Truck, Bulldozer, Broin~ Machine/Auger, Cherry Picker, Conveyor-Multi, Dinky Locomotive, Fork Lift, Hoist (~ Drum), Loading Machine & Front Laader~ Mulc~ Machine (Machine ~ed), Power Minches (All others no~ included in CLASS A), Asphalt Roller~ Hydraulic Pump with Borin~ Machine, Scoop, Carryall, Scraper~ Mainto Man on ~o~ar Crane, Trenching Machine, Vermeer Cutter, Work Boat. Fireman, Hoist (One Drum). ~idge Cutter, Striping Mac~ine, Welding Machine (Structural Steel 8 Pile Work). CLASS ~E"= Compressor (Pilez Crane~ Stone Set~in~)~ Concrete Breaker/Saw Cu~tar, Hork Lift (Halk Behlnd/Po~er Operated~z benerator (Pile Hork)~ Hydra Hammerz Hand Operated Mechanical Compactorsz Pin Pulierz Portabie Heater/ Power-uroom/Buggy/Grinders, Pumps-Single Action 1 to 5 lnches/Gypsum/Douele Action Diaphragm, Hand Trenching Machine, Helding Machine. Class "F'~ Batchieg Plant, Generator, Grinder~ Mixer, Mulching Machine, Oiler, Pump [Centrifugal up to 5 inches), Root Cutter, Stump Chipper, Oiler on ToNer Crane, Track Tamper, Tractor, Vibrator, Deckhand onHork Boat. HAGES (per hour) $-$1-01 Class "A" $ ~Add ~$.50 ~'~2~G~'~aste Work Class" B" 52.55~ ~Add $2.50 ~'~g~'~aste Hork Class "C" 50.60~ ~Add $I.50 for Hazardous Haste Work Class" D" 29.qq Class" E" ............... 27.10 Class" F" ............... 25.95 ~Cranes : Boom length over lO0 foot add $ 0.50 p~r h~ur " " 150 " " $ 0.75 " " " " 250 " " " " ~BO " " $ 1.B0 " " 0¥E~TIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIDAYS: ~ See ( S. 6, 7, B, 11, ) on HOLIDAY PAGE.~ ~m~ork day before 8 day after, or receive 2 hours per intermittent day ~ ,,Qevailing Rate Schedule Page 51 NeH York State Department of Labor .................................. Case Number .......... ~ ....................... 0100~1 ~SUFFOLK 2000A OVERTIME: See ( 5, 6, 7, 8, 11, ) on OVERTIHE PAGE.~ APPRENTICE ( 1 ) year terms at the foIloHing rates; 1st yr.: ............ $ 16.7q 2nd yr .............. 17.~2 Srd yr .............. 17.9q SUPPLEMENTAL BEN£F]TS: (per hour worked) Journeyman ......... $ 21.9~ Note Note:OVERTIME Journeyman 25.90 Apprentice .......... l~.19 Note Note:OVERTIHE Apprentice 8.qO ~-158 POHEE EUUIPHENI UPERAIUE - Heavy/HighwaY HEAYY /,,H~GHHAY= . CLASS A } Crane, Truck Crane, Derrick, Dragline, Dredge, Cra~ler Crane, To.er Crane. Pile Driver. ~A~S "~"= AsEhalt Spreader, Backhoe Crawler. Boiler, Boring Machine, Cherry ticker rover' O0 tons)~ Concrete rumE, Grada11, Grader, Hoi'st Loading Machine (10 yds or more). Milzing Machine. rower Hinch-Stone Setting/Structural Steel/Truck Mounted, PoHerhouse, Road Paver, Scoop-Carryall-Scraper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (Self Propelled)~ Tank Hork, Track AlignmentHachine. CLA~S "C": Backhoe~ Boom Truck! Bulldezer, Borin~ Hachine/Au~er, Cherry FZCKer, Conveyor-Multi~ Dinky Locomotive, Fork Lzft~ Hoist (~ Drum). Loading Machine and Front Loader. Mu(ch Machine (Machine fed), PoHer Hinches (All others not included in CLASS B)~ Asphalt Roller, Hydraulic Pu~ Hith Boring Machine, Scoop, Carryall, ScraEer( Maint. Man on Tower Crane,Trenching Machine~ Vermeer Cutter, Hork eoaz. CLA~S "D": Curb Machine, Maintenance Engineer (Small Equip. & Hell Point), d k~eld Mechanic~ Milling Machine (Small). Pulvi-Mixer, Pumps~ Roller (Dirt), Vac-All~ Helding/Burning, Compressor (Structural Steel 82 or more in Battery), C~ncrete Finish(no Mach~ne~ Concrete Spreader, Conveyor~ Curino Hechine~ F~reman, Ho(st (one drum)A Ridge Cutter, Striping Machine~ Helding Machzne (Structural Steel & Pile ~ork). .~L~SS "E"= Compressor (Pilez Crane, Stone Setting)~ Concrete Breaker/SaH Cutter, Hork Lift (Halk Behind, PoHer Operated), Generator (Pile Hork)~ Hydra Hammer. Hand Operated Hechanical Compactors. Pin Puller~ Portable Heater. PoHer-Broom/Buggy/Grinders, Pumps-Single Action 1 to ~ znches/Gypsum/OoubIe Action Diaphragm, Hand Trenching Hachzne~ Helding Machine. ~las$ F ~ Berthing Plant, Genera(or, Grinder, Mixer, Mulching Hechine~ Oiler, Pump (Centrifugal up to 5 inches)~ Root Cutter, Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibrator~ Deckhand onMork Boat. Class "G ": Lead Tec TV Crew. Class "H ": He~ Out Tec. Class" ! ": Technician. Boiler Operator: ~evailin, g Rate Schedule Page MeN York State Department of Labor .................................. Case Number .................................. OlO03ql ,SUFFOLK 2000A HAGES (per hour) 7-01-00- 5-51-01 Class "A" ~ 55.28~ ~Add $S.50 ~'~i~a~i'~aste Hork Class ' B ' ............. ~(Add 92.50 for Hazardous Haste Class ' C . ~Add $1.50 ~'~1~1~ Haste Class ' D" ............. Class ' E ' Class ' F ' Class ' G ' Class "H "~~ Class ' I ' ............. Boiler Operator. ~Panes : Boom length over 100 ' ' ~ ' 150 ' ' ' ' 250 ' ' ' ' '- 550 ~5.28~ Hork. 50.95~ Hork. 29.78 27.q5 26.27 29.17 29.17 28.00 28.58 foot add $ 0.50 p~r hour. ' ' $ 0.75 " " $ 1.00 ' " " ' $ 1.50 ' " NOTE: PREMIUM PAY 20I on straight time hours for NEH YORK STATE D.O.T, and other GOVERNMENTAL MANDATEO off-shift Hork. OVERTIME PAY: See ( D~ 0 ) on OVERTIME PAGE. HOLIDAYS: ~ See ( 5~ 6, 7, 8~ ll ) on HOLIDAY PAGE.~ ~ ~u--~-Hork day before & day after or receive 2 hrs per intermittant day OVERTIME: See ( 5, 6, 7~ 8, 11 ) on OVERTIME PAGE.~ APPRENTICE ( 1 ) year terms at the following rates; let yr .................... $ 16,7~ 2nd yr .................... 17.q2 Srd yr .................... 17.9q SUPPLEMENTAL BENEFITS= (per hour worked) Journeyman ............... Note=OVERTIME Journeyman. Apprentice ............... Motet OVERTIME Apprentice ~ARIN~ CONSIEUCTIUN HAGFS (per hour) Hydraulic Dredge= Class A, Leverman ............. Class B: Engineer ............. Derrick Operator ..... Chief Hate ........... Chief Helder ......... Electrician .......... Fill Placer .......... Assr. Fill Placer ..... 21.9q Note 25.90 15.19 Note 8.qO 10-01-99- 9~50-00 26.68 25.51 25.51 25.18 23.80 22.82 25.18 21.29 q-158 NON-DISCRIMINATION CI AUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. · The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Excavation & Grading I Recharge Basin & Fish Pond: N-I The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non- discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Cont.racting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non- discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non-compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/ Owner, the Contractor shall promptly so notify the Owner's representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Excavation & Grading I Recharge Basin & Fish Pond: N-2 DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: The work in this project includes the Grading & Excavation of approximately 6,500 cubic yards of material for the purpose of constructing a recharge basin and permanent fish pond located adjacent to and immediately, east of the Southold Town Information Booth on Route 25 in Greenport. The work in this project also covers the hauling & transportation of all material to the Town Landfill located north of route 48 in Cutchogue. The work in this project also covers the installation of erosion & sediment control systems as specified herein and in full accordance with the contract documents. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, equipment, tools, machinery, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings and specified herein or as may be reasonably inferred there from. This contract includes all site work necessary for the completion of work and the grading of all side slopes to provide uniform one on four (1/4) slope. The contractor shall obtain and pay for all applicable fees and permits required for hauling the "Regulated - Non Hazardous Waste" from the excavation site to the Landfill. Barricades shall be provided around all excavations and other hazardous areas during construction and shall be maintained in accordance with Uniform Statewide Building Code and local requirements. Excavation & Grading / Recharge Basin & Fish Pond 1010 -1 1.02 WORK BY OTHERS A. The following will be provided by other: 1. The Owner will provide and pay for the following: A. Department of Environmental Conservation Wetland Permits. (for all work within DEC jurisdiction) B. All related Southold Town permits. END OF SECTION Excavation & Grading I Recharge Basin & Fish Pond 1010 -2 DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions, Supplementary General conditions and the General requirements of these specifications. Section 2100 - SITE PREPARATION Part I - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 1. Earthwork 2200 2. Erosion & Sediment Control 2300 Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION: A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 DISPOSAL: A. All material excavated at the site shall be transported to the Town Landfill by the Contractor. This material shall be stockpiled in an approved location as designated by Town Personnel. END OF SECTION Excavation & Grading / Recharge Basin & Fish Pond 2100 -1 Section 2200 - EARTHWORK Part I GENERAL 1.01 DESCRIPTION: A. Provide earthwork in areas designated by the Engineer to obtain required finish elevations. Earthwork includes, but is not limited to: Excavation of all material above and below the water table as required to construct the Recharge Basin & Fish Pond Area. Final rough grading to provide uniformly graded side slopes with a maximumslope of one on four (1/4). Total Excavations shall be approximately 6,500 Cubic Yards of Material. Limit of Work under this contract shall include the entire site. Related Work Specified Elsewhere: 1. Site Preparation 2. Erosion & Sediment Control 2100 2300 1.02 QUALITY ASSURANCE: A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.03 JOB CONDITIONS: A. Protection of Persons and Property: 1. Barricade open excavations occurring as part of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. Part 2 - PRODUCTS - NOT APPLICABLE Excavation & Grading / Recharge Basin & Fish Pond 2200-1 Part 3 - EXECUTION 3.01 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. 3.05 DISPOSAL OF ALL EXCAVATED MATERIALS: A. Removal of all excavated material, including all landfill debris encountered at the site, shall be disposed of at the Southold Town · Transfer Station at no cost to the Contractor. END OF SECTION Excavation & Grading / Recharge Basin & Fish Pond 2200-2 Section 2300 - EROSION & SEDIMENT CONTROL Part I GENERAL 1.01 DESCRIPTION: A. This work shall consist of furnishing, installing, and maintaining Silt Fence with Straw Bales placed at locations around the excavations to prevent erosion of final grade or side slope areas. Limits of work under this contract shall include the entire site. The erosion control provisions contained herein shall be coordinated with the Town Engineer to assure economical, effective and continuous erosion control of all excavated areas to throughout the excavation and post excavation period. Related Work Specified Elsewhere: 1. Sitework 2100 2. Earthwork 2200 Part 2 PRODUCTS 2.01 MATERIALS A. The fabricated fence assembly shall consist of filter Fabric, Posts, Mesh Reinforcement Backing, and Fasteners for attachment. Filter Fabric shall be of the type appropriate for Geotextile Silt Fence. Posts shall be straight with a minimum length required for secure installation and shall be wood or steel. Mesh Reinforcement shall be poly-propylene with max. 51 mm x 51 mm opening or a wire diameter of 2.03 mm welded wire mesh with a max. 51mm x 102 mm opening. Straw bales shall be wire bound, with a minimum dimension of 450 mm square by 900 mm, with a minimum dry weight of 21.7 kg or as approved by the Engineer. Stakes shall be untreated wood, with a minimum dimension of 50 mm x 50 mm x 0.9 m, pointed at one end. Excavation & Grading / Recharge Basin & Fish Pond 2300-1 Part 3 EXECUTION 3.01 CONSTRUCTION DETAILS A. Posts for the silt fence shall be imbedded 0.45 m (min.), or adequately anchored if in rock, with a maximum spacing of 2 meters. Trenches shall be dug along the uphill side of the fence to anchor the fabric. The trench shall have a minimum cross section of 150 mm x '150 mm. The fabric shall be installed in the trench such that 150 mm is under the grade and 100 mm is across the bottom of the trench. The trench shall then be backfilled and hand tamped. Straw bales shall be installed with two stakes located at th.e center line or each bale, one at each end. Stales shall be driven firmly into the ground until the top of the stake is flush with the top of the bale. Straw bales shall be oriented so the bindings are around the sides rather than the bottom of the bales. Silt fence with straw bales shall be maintained, in good functional condition during the excavation of the site at all locations where existing site conditions warrant. Surface water entering the excavation site shall be prevented from eroding graded side slope areas. END OF SECTION Excavation & Grading ! Recharge Basin & Fish Pond 2300-2 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~.x (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 613 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for bids for the removal of soil to create a oond for drainage on the North Side of Route 25 West of Pipes Creek. Elizabeth A. Neville Southold Town Clerk RESOLUTION AUGUST 28, 2001 V-613 RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for bids for the removal of soil to create a I~ond for drainage on the North Side of Route 25 West of Pipes Creek.