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HomeMy WebLinkAboutTennis Courts INVITATION TO BIDDERS: CONSTRUCTION OF ALL WEATHER TENNIS COURTS Robert W. Tasker Memorial Park Peconic Lane Peconic, New York April, 1997 INDEX TO SPECIFICATIONS INVITATION TO BID & BIDDING REQUIREMENTS PROJECT DESCRIPTION INSTRUCTION TO BIDDERS PROPOSAL FORM STATEMENT OF NON-COLLUSION NYS AFFIRMATIVE ACTION CERTIFICATION BID BOND OFFER OF SURETY GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION PERFORMANCE BOND & LABOR & MATERIAL PAYMENT BOND GENERAL RELEASE PREVAILING WAGE RATES COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS Invitation to Bid Project: Construct 3 Ali Weather Tennis Courts - Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York 11955 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of 3 All Weather Tennis Courts, located at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, NY, in accordance with the specifications prepared by the Southold Town Community Development Office. Bids will be received at the Office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southoid, New York 11971, until 10:00 AM, Thursday, April 24, 1997. All specifications are provided herein. A fee of twenty five ($25.00), cash or check, made payable to the Town of Southoid 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 Southoid 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 Southoid reserves the right to waive any informalities and to reject a~y or all bids and retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Dated: March 18, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk Robert W. Tasker Memorial Park ALL WEATHER TENNIS COURT SPECIFICATIONS These specifications are standard and are set forth by the United States Tennis Court and Track Builders Association. Work Includes: 1. Grading - Fine grade the sub-base. 2. Aggregate Base Course - On top of the compacted subgrade a 4" R. C. A. base course will be installed. The surface will be graded with a 1% slope and will not vary by more than a 1/2" in 10 feet. 3. Asphalt Levelling Course - Upon completion of the stone base, a 1 I/2" NYSDOT TYPE A asphaltic concrete level course will be installed. The surface shall not vary by more than 1/4" when measured in any direction. 4. Install Concrete Foundations for net posts and center strap - Concrete for net post foundations is to be flush with the asphalt level course, net post sleeves will remain 1" above grade so that they will be flush upon completion of paving. Concrete edges will be covered with a gao-textile fabric prior to placement of final paving. 5. Asphalt Surface Course - Upon completion of the concrete work, a I" NYSDOT type 1 AC asphalt concrete surface course shall be installed. Surface shall not vary by more than a 1/8" in any direction. 6. Fence - To be installed by others 7. Acrylic Resurface - Over the entire tennis court surface, install one coat of acrylic resurface. This will fill ali voids in new asphalt surface. 8. Deco-Color - Install three (3) coast of pure acrylic Deco-Color to provide a tough durable finish. The first two coats shall contain pure silica sand for a uniformed textured surface. The final coat will be pure to provide a uniform surface. 9. Prior to play, install playing lines. Nets, posts and center straps to be provided by the Town of Southoid. 120' I I I I I I I I I I I I I I I I I I I I I I I I I ROBERT W. TASKER MEMORIAL PARK TENNIS COURTS NOTE TO ALL CONTRACTORS; The completion of the following work requires inspections and approval by: James Richter Southold Town Engineering Department Southold Highway Department Peconic Lane Peconic, NY 11958 (516) 765-3070 Aggregate Base Course Asphalt Leveling Course Installation of Concrete Foundation for net post and center strap Asphalt Surface Course Installation of Fence Acrylic Resurface Deco-Color of playing surface Requests for further information and all inquires about the construction phases of the project should be addressed to James Richter at the Southoid Town Engineer Office. Inquires on the federal rules and regulations pertaining to this project should be addressed to James McMahon, Southold Community Development Office at 765-1892 Instruction To Bidders A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidder shall write in ink, both in words & numerals, the price being proposed: to furnish all materials, equipment, tools, labor and services necessary for the proper completion of the work in accordance with the plans and specifications and subject, at all times, to the approval of the Town of Southoid. Each proposal must be signed in writing, with the full name and address of the bidder. Proposal shall be addressed as indicated on Invitation for Bids and shall be delivered, enclosed in an opaque sealed envelope marked "Proposal" bearing the title of work, and the bidders name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payabl~ to the Town of Southoid. As soon as the proposal price have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the specifications, visit the site and inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions in the specifications or other documents or should he be in doubt as to their meaning, he should at once notify the Southold Community Development Office who may issue a written instrnetion to all bidders. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest bidder, if it is in the best interest of the Town of Southoid. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by the successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award, the Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum). The Town will either award the project or reject all proposals received within forty-five (45) days after the formal openings of proposals. The acceptance of proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contra~t and to deliver separate performance and payment bonds made by a Surety Company, stipulated herein. The amount of the bonds shall not be less than one hundred (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her request authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the fight to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which is incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond may be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that he has available or under his control, plant, equipment and materials of the character and in the amount required to complete the proposed work in the specified time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town of such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance there of shall be null and vgid, and the Town shall be entitled to liquidated damages as above provided. J. TIME FOR EXECUTION OF CONTRACT WORK The contractor shall commence work within (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of $outhoid and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. PROPOSAL FORM To: Southoid Town Board Town Hall - 52095 Main Road Southoid, NY 11971 Members of the Board: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principal are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud and that no person acting for or employment by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents, including bidding requirements, contract, general and special conditions, specifications, contract drawings and addenda, if any; that he has satisfied himself by personal examination of the proposed work and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town and perform ali the work required to construct, perform and complete the work nt: Robert W. Tasker Memorial Park Peconic Lane Peconic, NY 11958 and all other work in connection therewith, in accordance with contact documents and addenda, if any, prepared by the Southold Community Development Office 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: FURNISH AND CONSTRUCT (3) ALL WEATHER TENNIS COURTS. THE COURTS SHALL BE AS INDICATED ON THE SPECIFICATION SET FORTH IN THE BID DOCUMENTS. THE CONTRACTOR SHALL PROVIDE ALL LABOR AND MATERIALS TO CONSTRUCT THE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (wriiten~ wg~ds) c~ ~/ (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 to the Town and shall fail to give the required security within the ten (I0) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) day after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: ~5~..~_.~<... ~~ Business Address: 7fi-) f/~/~/~ /~ oq~. Telephone Number: 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 pedormed 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 bidCer as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalb/of perjury, that to the best of knowledge and belief: (1) The pdces in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the pdces which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pdor to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. 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 /"~, ~-, ~ L/~~..z~, ~.,?t.,~ . be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Construction of 3 Ali Weather Tennis Courts ~, Robert W. Tasker Memorial Park, Peconic Lane, Peconic, NY 11958 and to include in such bid or proposa the certificate as to non-collusion required by section one-hundred-three-a (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch, 751, Sec. 103-d, as amended effective September '1, 1965 (Signature) NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: 1. (Bidder) it intends to use the following listed construction trades in the work underthe 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: /_-,q/f,O/Le,Cs -o/"e /L~ r-,otL5 - 1~.~ ?/4/t ~ T $ tAoue z ezLr- ; an'd/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 pdor to the award of any subcontractor under this contract the subcontractor certification required by rinse Bid Conditions. (Signature of Authorized Representative of Bidder) THE A~ERICAN INSTITUTE OF ARCHITECTS ,~IA Document Bid Bond Bond #003846-H KNOW ALL MEN BY THESE PRESENTS, thatwe K.,~.]~. Industries, Inc., 70 Park Road, Riverhead, NY 11901 as Prindpal, hereinafter called ~he Principal, and Contractors Casualty and Surety Company, 1911 Richmond Avenue, Staten Island, NY 10314 a corporation duly organized under the laws of the State of New York as Surety, hereinaf:er called the Surety, are held and firmly bound unto Town of Southold, 53095 .Main Road, Southold, NY aa Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Amount Bid .... .......................................................... [Dollars ($ 5% of Ami. Bid, for the payment of which sum well and truly to be made, the said Principal and the said Surety,, bind ourseb,'es, our he?rs, executors, administrators, successors and assigns, joindy and severally, firmly by these presents. WHERL~S, the Pr(mc)pa( has submitted a bid for Construction of AA1 Weather Tennis Courts, Robert ~asler Park. NOW, THEREFORE, it the Obiigee shall acce~t the bid of the Principal and the Princioai shall enter into a Contract with the Obligee in ac,:=rdance with the terms oi such bid, and give such bond or bonds as rnav be soec:iied in the bidding hereof be~veen the amount sDecified ~ FWi~ess~ said bid and such larger amount for which the Obtigee may in good iaith contract red by said bid, ~hen :his obligation shall be nuII and void. otb~tr'wise :o remain  day of April 19 97 K.J.B. Industries, Inc. (Seal) (Wime$$) Kate McCabe Contractors Casualty and Surety Company (Seal) William F. MaroneY - Attorney-in-~ac~ AIA DOCUA4ENT ,*,310 · SmD 8OHO · Al,*, ~ · FESRUARY 1'970 ED · THE AMERICAN INSTITL~T[ OF ARCHIT'~CTS, l?3S N.Y. AVE., N.W., WASHINGTON, O.C. 2(~06 1 OFFEI~ (To be completed by Each Bidder) in the event the above proposal is accepted and the undersigned is awarded the Contract i~or the work, the undersigned o('fers as surety for faithful performance, bond and/or bonds [o protect labor and matedal men, the following surety: Contractors Casualty and Surety Company SURETY COMPANY (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded Date: April 21, 1997 tosaid KJB Industries, Inc. the Contractors Casualty and Surety Company (Bidder's Name) (Surety Company) will execute the Surety Bonds as hereinbefore provided. · Authorized Official, /Agent or Attorney / William F. Maroney -! Attorney-in-Fac~ / IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK iS SUBMITTED IN LiEU OF BID BOND, OR BID MAY BE REJECTED .1 State of Sa. County of On this day of , 19. , before me personally came to me known, and known to me 'co ce 'the inolvIdual(s) descmoed In arq WhO execu~so the foregoing instrument, and acknowledged to me that he executed the same. My commission expires Public tSF_AL] State of SS. County of On this day of personally came and known to meto boa member ofthefirm of described in and who executed the foregoing acknowledged to me that firm. My commission expires , 19__, before me to me known, instru men'c, ano ne thereupon _he executed the same as and for the ac~"nd deed of said Notary PuPfic (SEAL) State of County of On this ,~ ~ day of personally came tO4 .,J c h¢¢/* , 19_~__~before me to me known, who, being by me duly sworn, did depose and say that ~_he is the oT K.J.B. Industries, Inc. the corpora'aon described in and which execu'ceo %he a~ove ins.-.rumen'c;'cna'c ne knows the seal of said corporation; that the seal affixed to said instrument is s-~ch corporate seal; that it was so aT-fixed by order of the Board of 2irectors of said corporation ~nd that he signed his/her n~Jii-'e~thereto by State of New York County of Nassau On this 21st personally came day of April William F. Maorney , 19 97, before me _he is an a%=rney-in-~act of who, being by me duly sworn, did depose and say that Contractors Casualt~z and Surety Company , knows the corporate seal cf said corporation; 'chat t~e seal aT-~ixed to the wig-him instrument is such corporate seal; and that he signed the said instrumentand aCfixed the said seal as attorney-in-fact by auth-crity of the 8card of 3irectors of said corporation and by authority of this o~ice under =~e Standing Resotu~s thereof. My commission expines ~1 Form NOTAR Y~1-~1-92 Power ~1025 - 0 0 3 3 5 Certified Copy CONTRACTORS CASUALTY AND SURETY COMPANY Home Office, Staten Island, New York Bond No. 003846-H POWER OF ATTORNEY KNOW Al.l, MEN BY THESE PRESENTS: That CONTRACTORS CASUALTY AND SURETY COMPANY, a corporation of the Stpte of New York, has made, constituted and appointed and by these presents does make, consti- tute and appoint WH.I.IAM E MARONEY, JOI-IN E. ROE, JOHN E. ROE, Jr., CATHERINE McCABE and PATRICIA YON POSCH ............ of CITY UNDERWRITING, INC., FLORAL PARK, NEW YORK its true and lawful Attorney-in-Fact, with full authority to make, execute and deliver on its behalf as surety, any and all bonds, under~aldags and other instruments of 81milar nature, without power of redelegafion, as follows: [JmiW~l to $1,250,000.00. Such surety bonds, undertaldngs and instrttments for said purpose, when duly executed by the aforesaid Attorney-in- Fact, shall be binding upon Con~xactors Casualty and Surety Company as fully and to the same extent as i.f signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in- Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made purs~ant to the following By-Laws which were duly adopted by the Board of Directors of Contractors Casualty and Surety Company on April 25, 1991 and are still in full force and effect: ARTICLE XII, SECTION 5: "POLICIES, BONDS, RECOGNIZANCES, STIPULATIONS, CONSENTS OF SURETY, UNDERWRITING UNDERTAKINGS AND INSTRUMENTS I~ATING THERETO. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereun- der, shall be signed in the ~ame of and on behalf of the Corporation: (a) by the President or a Vice President; of (b) by any Attorney-in-Fact for the Corporation appointed and authorized by the President or a Vice Preaident to m~l~e such signature provided that any such delegation of power be Hmited to routine matters; or (c) by such other officers or representatives as the Board of Directors may from time to time deterrnlne. The seal of the Corporation shall,'ff appropriate, be affixed thereto by any such officer, Attorney- in-Fact or representative." IN WTI'NESS WHEREOF, CONTRACTORS CASUALTY AND SURETY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its authorized officer, This 10th day of M~h , 19 95. CONTRACTORS CASUALTY AND SURETY COMPANY STATE OF NEW YORK COUNTY OF RICHMOND SS. On this 10th day of ~ 19 95 . before me appeared the above named officer of Contractors Casualty and Surety Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed thc foregoing insmmmnt and affixed thc seal of thc corporation therew by authority of his office. (Seal) JO~F..PH PERRY MEE. JR. No. 4~63414 CERTWICATE I, the unde~igned Secreta~t of CONTRACTORS CASUALTY AND SURETY COMPANY do hereby cer- tify that the original Power of Attorney of which thc forgoing is a full, true and correct copy, is in full force and effect on the date of this Cenificam and I do further certify that the Vice-President who executed the said Power of Attorney was one of the Officers authorized by the Bomxt of Directors to appoint an attorney-in-fact as provided in Article XII, Section 5, of the By-Laws of CONTRACTORS CASUALTY AND SURETY COMPANY. This Power of Atxorney and Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of CONTRACTORS CASUALTY AND SURETY COMPANY at a meeting duly called on the 9th day of April, 1992. "RESOLVED, That the signatures and attestations of such officers and the seal of the Company maybe a/Yixed to any such Power of AlWrncy or ro any cerfificale rehfing thereto by facsimile, and any such Power of Attorney or cerriflcate beazillg such facslmil¢ si~anire of facsimile seal shall be vslid and binding on the ComPally. when so affixed with respect to uny bond, undertaking, ~coLgni~qce or other instrument of similar nature, with like effect as if such signature and such seal had been m~nually msd¢ and affixed." WITNESS WEREOF, I have hereunto set may hand and affixed thc corporate seal of thc Company to these pre[ sentthis 21se dayof April ,19 97. (Seal) Helen H. Adler, Secretary SEAL CONTRACTORS CASUALTY AND 'SUREI'Y COMPANY Home Office: Staten Island. New York Financial Statement - December 21. 1995 Asset~ Stocks and Bonds ........................................... ' ..... $1.602.625 Cash and Bank Deposits .......................................... 218.162 Premium Balances (under 60 days) ................................ 302.028 Accrued Interest ................................................ 21.972 Other Assets .................................................... 57,000 Total Assets .............................................. $2~212.798 Liabilities Reserve for unearned premiums ................................... $ 572,618 Claim reserve................................................... 275.000 ~her liabilities ............................................... 135.510 Total Liabilities ......................................... $ 988.128 Capital and Sqrplus Capital Paid-in ................................................. $14000,000 Total Liabilities, Capital & Surplus ...................... $2 212 798 State of New York County of Richmond ss: I. ROBERT W. 4i)LER, SR.. President of COIfFPACTORS CASUAL~ AND SURE-FY COMPANY. do hereby certify that the c~mpany is a corporation duly organized, existing and engaged in the business of surety by virtue of the laws of the State of New York, has duly complied with all the requirements of the laws of the State of New York applicable to the company and is duly qualified to act as surety under such laws: and that the foregoing is a full, true and correct copy of the Financial Statement of said C~pany as of DecemDer 31. 1995, IN WITNESS WHEREOF. I have signed this statement at Staten Island, New York. this twenty-fifth (25th) day of March. 1996. Robert W, Adler. Sr., President THE AMERICAN INSTITUTE OF ARCHITECTS Document A3'IO Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Oblisee shall accept the bid of the P~in~ipal am:J /he Principal shall enter into a Contract with the Oblisee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and su~cient surety for /he faithful perfon'nance at such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the ~vent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Oblig',~e the differe~ce not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which lhe Oblige~ may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) (Witness) fPrincipal) (Seal) (Title) (Surety) (Seal) (Title) AIA DOCUMENT A31a · BIO 8OHO · AIA ~ · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 H.Y, AVE., N.W.. WASHINGTON, O.C. 2~06 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. T H ~ ^ M I N S T I T U T E J ^ R C H I T E C T Document A201 General Conditions of the Contract for Construction THIS DOCL'MENT HAS LIlPORTA,X,~ LEGAL CONSEQUENCES: COAL%'LTATIO,¥ WITH A,¥ ATTORN£Y IS' £NCOL'RAGED WITH RESPECT TO ITS MODIFIC.4TION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. O ",VNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTI:L~,CT 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 1 1.INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copytught 19I 1. 1915. 19[8, 1925. 1937, 1951. 1958, 1%I. 1963. 1966. 1967, 1970. 1976. © 1987 by The American Institute of Arclaitects, 1-3~, New York Avenue. N.W.. Washington. D.C,, 20006. Reproduction of the materml herein or substantial quotation of its provisions without written perm~sslo:q of the AIA violates the copyright laws of the United States and will be subject to legal prosecunon$. AIA DOCUME[qT All01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION A201-1987 I INDEX Acceptance of Nonconforming Work ..... 9.6.6.9.9.3.12.3 Accses to Work ....................... 3.16,6.2.1, I2.I Accident Prevention ....................... 4.2.5, 10 Acts and OraL. ions . . 3.2.1,3.2.2, 33.2, 3. I2.8. 3.18, 4.2.3, 4.3.2, Additional Cost, Cla~ms for ....... 4.3.6, 4.3.7, 4.3.9, 6.1. I, 10.3 Additionm [nspec:ions 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 Aesthetic Effect 4.2.13.4.5A Allowances 3.3 Appllemlfons for Payment : 4.2.5, 7.37, 9.2.9.3, 9.4.9.5.1.9.6.3, Approvals 2.4, 3.3.3, 3.5, 5,10.2, 3.12.4 through 3.12.8.3.18.3, Architect 4.1 .Architect, Extent of Authority .... 2.4, 312.6.4.2.4.3.2.4.3.6, Architect's Administration of the Contract ....... 4.2,4.36, Architect's Approvals 2.4.3.5.1, 3. I02, 3.12.6, 3.12.8.3.18.3. ~.2.- ArchitecT's Inspections ...... -~.2.2. 4.2.9. 4.3.6. 9.-~.2.98.2. 982.9.9.2.9.10.1, [3.5 Award of Surgeon[facts and Other Contracts for pordorm of the Work 5.2 Basic Definitions 1.1 Boiler and Machinery Insurance 11.3.2 8onds, Per form:race and Paymcn[ 73.6.4, 910.3. I 1.39, I I -~ Capitalization ...................................1.4 Oerflflcates for Payment ....... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, Certificates o f Inspection, Testing or Approval .... 3.I2.11. I3.54 Ccr tiHcates o f Insurance ................ 9.3.2, 9.10.2, 11.13 Chsn{]e Orders ...... 1. I. 1.2.4.1, 3.8.2.4, 3. [ I, 4.2.8.4.3.3, 5.2.3, Change Orders, Definition of .................. Changes ................................ 7.1 CHANGES IN THE WORK 3.11, 4.2.8, 7, 8.3 [, 9.3. L l, 10A.3 Claim, Definition of ...................... 4.3.1 Claims and Disputes ............... 4.3, ~.4. 4.5, 6.2.~, 8.3.2, C~atm~ and Timely A~serdon of Claims ......... 4.5.6 Claims for Addlfional Cost ..... ,~.3.6, 4.3.7, 4.3.9.6. I. l, 10.3 Claims for Additional Time ........... 4.5.& 4.3.5, 4.3.9, 8.3.2 Claims for Conceeled or U nk~own Condlfions ........ 4.3.~ Clmms for Damages... 5.I8. 4.3.9, 6. I. l, 6.2.5, 8.3.2.9.5.1.2, I0.1.4 Clmm$ 8ubiect to Arhi£ration ............ 4.3.2.4.4.4,4.5.i Cleaning Up .............................. 9.15,6.3 Commencement of Statutory LJm fiafion Pedo¢l ........ 13.7 Commencement of the Work, Conditions Rela~ing [o ..... 2.1.2, Commencement o f the Work. Definition of ........ 8.1.2 Communications Facilitating Contract Adminmtration .................. 3.91,4.2.4,5.2.1 COMPLETION, PAYMENTS AND ................ 9 Compliance with Laws ..... 1.3,3.6,3.7,315,4.1.1,10.2.2, I1.1, Concealed or Unknown Conditions ............ 4.3.6 Conditions of the Contract ............ IA.I, 1.1.7, 6.1.1 Consent. Written ............ 1.3. I, 3.12.8, 3.14.2.4.1.2, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ........................... Construction Change Directive, Definition of ........ 7.3,1 Construction Schedules. Contractor's ........ 3.1 O, 6. I 5 Contingent A~ignment of Subcontracts 5.4 Continuing ConlTact Performance 4.3.4 CONTRACT, TERMINATION OR SUSPENSION OF THE 4.3.T, 5.4.[A, 14 Contract Administra[ion ............ 3.33, 4.9.'~. 95 Contract Oocument~, The ........... 1.1, I 2.- Contract Sum 38, -~.3.6, 4.3.7, 4.~.~, 5.23. Contract Time, Definition of 8.1.1 2 A201-1987 CONTRACTOR ............................. 3 Contrac:or, Definition o f ................. 3.1,6.1.2 Contractor's Bid .......................... l.I. 1 Contrsutor's Construction Schedules ........... 3.10, 6:1.~ Contractor's Employees ...... 3.3.2, 3.4.2, 3.8. I, 3.9. 3.18. -~.2.3, and Owner's Force/ ..... 2.2.6, 3.12.5, 3.14.2.4.2.~, 6, 12.2.5 Contractor's Representauons i.2.2.351.3.12.7.6.2.2.82, i. 9.3.3 73.6. 92. 93.1. 98.2, 9.9i, 9.10.2, Copies Furmshed of Drawings and Specification/ ... 1.3.2.2.5, 3.11 Cost. Definition of ................. 736, 1-*.3.5 CutTing and Patching 3.14, 6.2.6 Day. Definition ot 8,1.4 Emergencies ...................... -~.3.7, 10.3 Employees, Contractor's ...... 3,32.3.4.2, 3.8.1139, 3. i8.1. Equipment, Lal~or. Materials mad .... 1. 1,3, i. i6.3.-~, 3,5.1, Execution. Correlation and Intent of the Failure of Payment by Contructor 951.3. Fadure o f Payment by Owner 4,3.-, 97, I,~.1.3 Fire and Extended Coverage Insurance 1 GENERAL PROVISIONS 1 Governing Law 13.1 In{ury or Damage to Person or Property 4.3.9 Insurance, Boiler and Mactfine~/ 11.3.2 Insurance, Contractor*s LMbillty 11.1 Insurance. Effectwe Date of 8.2.2. l [. 1 2 A201-1987 3 Loss of Use Insurance 11,3.3 93I. 93.1.2. 9.3.3, 9-~.2. %6.5. 9104 Materials. Labor. Equipment and I. t .3. 1.1.6. 3.-~, 3,51.3.8,2. 5leans. Metbocls, Tectiniques. Sequences and Minor Changes in the Work I. 1 1, 4.2.8.4.3 ', - I, 7.4 MISCELLANEOUS PROVISIONS 13 Modific2tions. Definition of 1 [.[ Mutual Responsibility 6.2 Nonconforming Work, Acceptance of ........ t2.3 Nonconforming Work. Rejection ~d Corre¢oon or' 2.3. I. Notice o f Testing and Inspecuons ...... 13.~.1. I35.2 Notice to Proceed 82.2 Notices, PenTtJta, Fees and 2.2.3, 3.7, 3.13. - 3.0.4. [0.2.2 Observations, Contractor's ........... 1.2.2, 3.2.2 OWNER 2 Owner. DeflniUon ct 2.1 Owner, Information and Services Require~ of the 2.12. Owner's Liability Insurance 11.2 Owners Right to Carry Out tfie Worg 2.-L 12.2.-L I4.2.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Cor~tmcfion and to Award Separats Contracta ....... 6.1 Owner's Right to Stop t~'te Work ........ 2.3, ~.3.7 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract ............. 14.2 Ownemhip and Use of Architect's Orawings, Specifications and Other Documents t. 1. i, 1.3, 2.2,5, 5.3 Partial Occupancy or Use 9.6.6.9.9, I 1.3.1 Patching, Cutting and 3.14, 6.2,(5 Patents, Royalties and 3.17 Payment. Applications for 4.2.5, 9.2, 9.3, 9~. 95I. 9.83. 910.1,9A03,9.10..4, 14.2.4 Paymect, Certificates for ..... 4.2.5.4.2.9, 9.3.3, 9,4, 9.-3. Payment, Pailur~ of .~.3.7, 9.5. Payment Bond, Perfon'nancs ~¢nd and ..... 7.3.64. Payments. Progress 4.3~. 9.3.9.6. 983.910.3. 13.6, 14.2.3 PAYMENTS AND COMPLETION 9, I~ Payments to Subcontractors 5.~.2.9.5.1.3. 9.02. 96.3. 9o4. li.38. 14.2~I.2 PCB Performance Bond and Payment Bond ~.3.6.4. Permits, Fees and Notices 2.2.3.3.7,313,736.4. I0.2.2 PERSONS AND PROPEJRT¥, PROTECTION OF ,'. 10 Polychlonnated Biphenyl 10.1 Product Data. Definition of 312.2 Product Data and Samples, Shop Drawings 3. l l, 3.12, ~.2.- Progress and Completion ~.2.2, *.5.~. 8.2 Project, Definition or' the 1.1.4 4 A201-1987 Rules and Notices for Artiitration ............ 4.5.2 Safely of Persone and Property .............. 10.2 Safely Precautions and programs ..... 4.2.3, ~.2.', I0.1 Samples. Derlnition of .................... 3.12.3 Samptss, ShopOrawings, Product Data and . 3.1 l, 3.12, 4.2.7 Samples at the Site, Documents and ......... 3.11 Schedule of Values 9.2, 9.5 [ Shop Drawings, Product Data and Sarnplee 3.] l. 3.12, 4.2.7 Site [nspecuons . . 1.2.2.3.34.42.2, 4.2.9, 436. 982, 9 Il). I. 13'~ Subcontractual Relations 5.3. '~*. 9.3.1.2, 9.6-', Successors and Assigns 13.2 Superintendent 3.9, III 2.0 Supe~ision and Construction Procedures .... I g.4.3.3, 3 4, 5~rves's 2.2.2.318.3 Suepefleion Dy the Owner for Convenience .......... 14.3 Taxes 3.6, '.3 6.~ Termination hy the Contractor .................. 14.1 Termination J3y the Owner for Cauae ......... 5.4.1.1.14.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 TIME 8 Tlme, Delays and Extsr~ions of ......... ~.3 8. -2. t. 8,3 Time Limits off Claims 4.3.2.4.3.3, 4.3.0.4.39, 4.-+, 4.5 Tide [o Work 9.3.2.933 UNCOVERING ANO CORRECTION OF WORK ..... 12 Uncovering of Work 12.1 Use of Docurncnts ....... 1.11. 1.3, 2.2.5, 3.12.7, 5.3 Use of Site 3.13, 6.1.1.62.1 Values, Schedule of 9.2, 93.1 Waiver of Claims: Final Payment 4.3.5, -~ 5.1, 9 10. 3 When Artiitration May Be Demanded 4.5.4 A~01-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS Owner and Corumc;or (hereinafJer the Agreemem), Conditions of the Contract (Genera, 5upplemenraw and other Conditions), Drawings, Specifications, addenda issued pdor to execution of Modifications issued after execution of the Contr=ct. A Modifi- cation is (1) a written amendment m the Contract signed by both parries, (2) a Change Order, (3) a Construction Change Directive or (4) a whtten order for a minor change in the Work issued by thc .architect. Unless specifically enumerated in the Contractor's bid or portions of addenda relating to bidding requirements). tract may be amended or modified only by a Modification, The tual relationship of an), kind (1) between the .architect and Con- 1.1.3 THE WORK partially completed, and includes all other labor, materials. equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work 1.1.4 THE PROJECT The Drawings are the graphic and pictorial portions of the Con- ules :md diagrmms. merit, construction systems, standards and workmanship Dr the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually a.~semb[ed for dae Work which may include the bidding requirements, sample forms, Condidons of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTTd, iT 1.2.1 The Corumct Document5 shaft be signed by the Owner and Contractor as provided in the Agreement. [f either the Owner or Contractor or both do not s~gn ail the Contract Documents, the Architect shall identify, such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site. become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Corttract Documents. 1.2.:-4 The intent of the Contract Documents is to include all items necessary, for the proper execution and completion of the Work by the Corumctor. The Contract Doo. a'nents are comple- mentary,, and what is required Dy one shall be as binding as if required by all; performance by the Corumctor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and a~rangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2,$ Unless otherwise stated in the Contract Documents, words which have we~known technical or construction indns- rty meanings ace used in the Contract Documents in accord- ance with such recognized me'.~ings. 1,3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor. Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect. and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights. in addition to the copyright. All copies of them. except the Contractor's record set, shall be returned or 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 f~mished to rhe 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 and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- lags, Specifications and other documents prepared by the Architect approprmte rd and for use in the execution of then' Work under the Contract Documents, All copies made under tfus license shaft bear the statutory copybghg notice, if any, shown on the Drawings, Spedfications and other documents prepared by the Architect. Submittal or distribution to meet officml regulatory, requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the .~chitect's copyright or other reserved rights. 1.4 CAPrTALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically dellned. (2) the titles of num- bered an:icles and identified references to paragraphs, Subpara- graphs and Clauses in thc document or (3) the titles of other documents published by the American Institute of Architects. quently omit modifying words such as "ail" and "any" and arti- ARTICLE 2 OWNER 2.1 D~F~NITION 2.1.1 The Owner is the person or entity identified as such in the Agreement :md is referred to throughout the Contract Documents as if singnlar in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, g~ve notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on whicb the Proiect ks located, usually reti:rred to as the site. and the Owner's interest therein at the m'ne of execution of thc Agreement and, within five days after any change, informarkm of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request o[ the Contractor, prior to execution of the Agseement and promptly from tmae to tn'ne thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fditiil the Owner's obligations under the Contract. [Note: Unless sllt.'J) reasonable 2.2.2 The Owner shall fi~mish surveys describing physical chararaer~tics, legal limitauons and utility locations fur the site of the Proiect. and a legal description of the site. 2.2.3 Except for perrmrs and fees which are the responsibility shall secure and pay for nec~sary approvals, easements, assess- ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in exzsdng 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 be furnished, free of charge, such copies of Drawings and Pro{ecl Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sthliities of the Owner enumerated herren and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article I I (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordmsee with the requirements of the Contract Documents as required Dy Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner tn writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated: however, the right of the Owner to stop the Work shaft not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by SuBparagraph 6.1,3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 [f the Contractor defaults or neglects to carry out the Work in accordance with thc Contract Documents :md fi;tis within a seven-day period after receipt of writterr'notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written nonce to correct such deficiencie~ within a second sevemday period. [f the Contractor within ~uch second seven- day period after ceceipt of such secor~d notice falls to com- nlence arid cominue to correct any deficiencies, the Owner may. ~x. ithout pretudice to other remedies thc Owner may have, correct such deficiencies. [n such case an appropriate Change Order shall be issued deducting from payments then or there'after due the Contractor the cost of correcting such defi- ciencies, including compensation for the 3a-chitecr's additional serv~ce.s and expenses made necessary by :/uch default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi* sufficient to cover such ;Lrnounts. the Contractor sh'gl pay the difference to the Owner. ARTICLE 3 3.1 CONTRACTOR DEFINITION 3.1.1 The Contractor is the person or enuty identified ~ such in thc Agreement and is referred to throughout the Contract Documents as tf singular in number. Tile term "Contractor" m~'.ms the Contractor or the Contractor's authorized representative. A201-1987 7 3.2 REVIEW OF CONTRAC'[; DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall ~c. gref, ally study and compute the Contract Documents with each other and with information l:umished by the Owner pursuant to Subparagzaph 2.2.2 :md shall at once report to the Mchitect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or ,Architect for damage re~ultmg from errors, inconsts- tencies or omissions in the Contract Documents unl¢~ the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a 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 bear an appropriate amount of the atmhuLable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefi~ily compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents heft)re commencing activities. Errors. inconsistencies or omL~sions discovered shall be reported to the Aa'chi[ecl at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 Ti~e Contractor shall supervise and direct the Work. using the Contractors best skilI and attention. The Contractor shall be solely responsible i'k)r and have control over construe- the Contracn)r shall provide and pay for lab(ir, matenals, equip- 3.4.2 The Contractor shall enforce strict discipline and good 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner :md Architect that materials and equ:pment ~rnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted. and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- meats, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty exclude5 remedy for damage or defect caused Dy abuse, modiHcations not executed by the Contractor. improper or insufficiertt maintenance, improper operation, or rlormal we-ar and tear under normal usage. If required by the Architect. the Contractor shall fiarnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.t The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiatinns concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents. the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspecnons necessary for proper execution and completion of the Work which are customarily secured after execution of thc Contract and whicla are legally required when bids are received or nego- uations concluded, 3.7.2 Thc Contractor shall comply with and give notic~ required by laws. ordinances, rules, regulations and lawful orders of public uuthorines bearing on performance of the Work. 3,7,3 [t is not the Contractor's responsibilR¥ to ascerr-3m that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tinns. However, if the Contractor observes that portions of the Contract Docurnents are at variance therewith, the Contractor shalI promptly adrift the Architec~ and Owner in writing, and necessary changes shall be accomplished by appropriate 8 A201-1987 site, labor, installation costs, overhead, profit and amounts sh~Ll be included in the Contract Sum and the Contract Sum shall be adiusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- Project site dunng performance of the Work. The supennten- to the superintendent shall be ~s binding as if given to the Con- 3.10 CONTRACTOR'S CONSTRUCTION $CHEDULI~$ 3.10.1 The Contractor. promptly after being awarded the Con- required by the conditions of the Work and Proiect. shall be 3.10.2 Tile Contractor shall prepare trod keep current, tbr the schedules. construction, and in addition approved Shop Drawings. Prod- uct Data. Samples and similar required submittals. These shall 3,12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are dr'asving.s, diagraa~qs, schedules and by ~xhich the Work will be judged. 3.1:~.a, Shop Drawings, Product Data, Samples and similar sub- wbicla submittals are required the way the Contractor proposes to conform to the informanon given and the design concept expres~sed in the Contract Documents. Review by the ,~chitect is subiect to the limitations of Subparagraph ~.2.7. 3.12.5 The Contractor sh~l review, approve :md submit to the Mchitect Shop Drawing& Product Data. Sample~ and similar submittals required hy the Contract Documents with reason- able promptness and in such sequence as to came 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 returned without action. 3.12.$ The Contractor shall pertbrm no portion of the Work requiring submitt'.fl and review of Shop DrawinD. Product Data. Samples or similar submittals unnl thc respective submit- tal hm; been approved by the Architect. Such Work shall be in accordance with approved submittals 3.12.7' By approving and submitting Shup Drawings. Product Data, Samples and similar submittals, the Contractor represents that thc Contractor h:l.~ determined and verified materials, field will do so. and has checked and coordinated the informamm contmned within such submittals with the requirements of the 3.12.8 The Contractor shall not be relieved of responsibility by the Mchitect's approval of Shop Drawings. Product Data, Samples or similar submittals unless the Contractor has specifically intk)rmed ~he Architect in wdtmg of such deviation at thc time of submittal and the Architect has g~ven written approval ti) the specific devtatilln. Thc Contractor sha~l not be ings. Product Data, Samples or similar submittals by ~he Archi- tect's approval there~)f. 3.12.~ The Contractor shall direct spealfic attention, in writing or on resuhmined Shop Drawings. Product Data. Samples or the Architect on previous submittals. A201-1987 9 not be unreasonably withheld. The Contractor shall not unrra- 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or mbbish equipment, machinery, and surplus materials. 3.15.2 If the Contractor fa/is to clean up as provided in the 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and .&rchitect 3.17 ROYALTIES ANn 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 Architect harmless such defense or loss when a particular design, process or prod- infringemem of a patent, the Contractor shall be responsible for shall indemnify and hold harmless the Owner, Architect, Archi- from and agmnst claims, damages, losses and expenses, includ- from performance of the Work, provided that such claim, dam- erry (other than the Work itsell) including loss of use resulting anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not described in this Paragraph 3.18. 3.18.2 In claims agmnst any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirecdy employed by them tion obligation under this Paragraph 5.18 shall not be lb'ns[ed by 3.16.3 The obligations of the Contractor under th~s 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 (l) the preparation or approval of maps, drawings, opinions, report, s, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the fa;lure to give directions or instructions by the Architect. the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury, or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity, lawfi.~ly practicing architecture iden- tiffed as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilines and limitations of authority of the restricted, modified or extended without wdtten consent of the Owner, Contractor and Architect. Consent shall not he unrea- sonably withheld. 4.1.3 tn case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under 4.1.4 Disputes arising trader Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. · .2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The 3.rchitect wtil provide administration of the Contract :~ described in the Con[tact Documents, and w~ bc the Owner's representative (l) during construction, (2) until Final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architem will have authority to act on behalf o f the Owner only to the extent provided in the Contract Documents. unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not he to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner infomaed of progress of the Work, and will endeavor to guard the Owner agmnst defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and wtll not be responsible for construction means, methods, techniques, sequences or procedures, or ~or safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in paragraph 3 3. The Architect will not he responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The .~'chitect will not have control over or charge of and wilI not be responsible for acts or omissions of the Con- 10 A201-1987 4.2.4 Communications Facilitating Contract Administra- shall be dlrough die Contractor. Commtm_ication~ by and wida 4.2.6 The Architec: will have authority to reiect Work which Work in accordance with Subparagraph$ 13.5.2 and 13.5.3, Shop Drawings, Product Data and Samples, but only for the paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not out the Architect's responsibdities at the site. The duties, re~ponsibdilies and limitations of authority of such project re~presentatives shaft be as set forth in an exhibit to be incorpo- rated in the Contrac'~ Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The .~mhirect's response to such requests will be made with reasonable prompmess and within any time limits agreed upon. If no agreement is made concerning the ~ime within which interpretations required of the Architect shall be fur- oahed in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in wdting or in the form of drawing. When making such interpretations and decisions, the .M-chirect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and wbll not be liable for results of interpretations or decisions so rendered in good faith, 4.2.13 The Architec:'s decisions on matters relating to aesthetic effect ,;,,-ill be f'maJ if consistent with the intent expressed in the Contract Documents. 4,3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the partie~ seeking, as a matter of right, ad{u.stment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the ..Contract. The re:'m "Claim" al.so includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Clamas must be made by wdtten notice. The responsibility to substantiate Claims shall rest with thc party making the Claim. 4.3.2 Decision of Architect. Claims. including those alleging an error or omission by the .M'chitect. shall be referred initially to the ,M'claitec: for action as provided in paragraph 4.4. A deci- sion by the Architect. as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment i~ due, regardless of fi) whether such matters relate Io execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (I) the position of.4xchitect is vacant. (2) the `axchit ect bas not received evidence or has t~iled to render a decision within agreed time [imits. (3) the `architect has failed to take action required under Subparagraph 4.4.-i 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 CIairn relates to a mechanics lien. 4.31.3 'lime Limits On Claims. Claims hy either party must be made within 21 days after occurrence of the event giving r:$c to such Claim or within 2I days ai~ter the claimant first recognizes the condition giving r~se to the Claim, whichever is later. Claims must be made by written notice. An additional C'laim made after the tmtiai CIaLrn has been tmplemenred by Change Order wdl not be considered unless submitted in a timely manner. A201-1987 11 4.3.4 Continuing Contract Performance. Pending final reso- lution of a ClaUm including arbitration, unless other~'ise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract :md the Owner shall continue to make payments in accordance with the Commct Documents. 4.3.5 Waiver of CMims: Final Payment The making of Final payment shall constitute a waiver of clama$ by the Owner except those :raSing from: .1 liens, Claims, security interests or encumbrances ar]s- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of specie warranties required by the Contract Documents. 4.3.6 CMims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which ace (1) subsurface pt otherwise concealed physical conditions which differ materi- ally from those hadicated in the Contract Documents or (2} unknown physical conditions of am unustml nature, which dif- fer materially from those ordinarily found to exist :md generally recognized as inherent in construction activities of the character provided for in the Contract Documents. ~hen notice by the observing party shall be given to the other party promptly betbre conditions axe disturbed :md in no event later than 21 days after first observ:mce of the conditions. The .trctli- tect will prompdy investigate such conditions and, if they differ materially and cause an increuse or decrease in the Contractors cost of. or tlme required for. perform:race of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the A~'chitect shall so notify the Owner and Contractor in wining, stating the reasons. Claims by either party in oppos~gon to such determination must be made within 2l days alter the Architect has given notice of the decision. [f the Owner and Contractor cannot agree on :m adiustment in the Contract Sum or Contract Time. thc adiusmlent shall be referred to the Architect for initial deter- mination, subject ti) further proceedings pursuant to Paragraph %4. 4.3.'1 Claims rot Additional Cost If the Contractor wishes to make Claim for :m increase in the Contract Sum. whiten notice as provided herein shall be given before proceeding ti) execute the Work. Pr:or notice is not required for Claims relating ti) an emergency endangering life or property arising under Par'a- graph I0.3. If the Contractor believes additional cost ~s involved for reasons including but not limited to ti} a written interpretation from the Architect, (2) :m order by the Owner to stop the Work where the Contractor was not at fault. (3) a writ- ten order for a minor change in thc Work issued by the Archi- tect. (4) fadure of payment by the Owner, (5) tertnination of the Contract by the Owner. (6) Owner's suspension or (7) other reg.sonablc grounds, Claim shall be filed in accordance with the procedure established herein. · .3.8 Claims for Adcfitionat Time 4.3.8.1 If the Contractor wishes to make Claim fl)r an incre'.~c in the Contract Time, written notice a.s provided herein shall he given. The Contractors Claim shall include am estimate or cost and of probable effect of delay on progress of the Work. In the case of a cuntinuing delay only one Clmm is necessa~.. 4.3.&2 If adverse weather conditions are the basis lbr a Claim fl)r additit)nal time. such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of tkme and could not have been re~onably anticipated, :mci that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. [f either party to the Contract suffers injury or damage to person or property becanse of :m act or omission of the other party, of any of the other pa~y's employees or agents, or of others for whose acts such party is legalIy liable, wmten notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable tLme not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this clanm is to be asserted, it shall be fried a.s provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLU'~ON OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the eh flowing preliminary actions within ten days of receipt of a CIagn: (I) request additional supporting data fi'om the claimant, (2) submit a schedule to the parties indicating when the Azcfu- tect expects to take action, (3) reject the Clawn in whole t0r in part. stating reasons for reiection. (-~) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also. but is not obligated to. noilly, the surety, if any, of the nature :md amount of the Claim. 4.4.12 Ifa Claim has been resolved, the Architect will prepare or obtain appropriate documentatkm. 4.4.3 if a Claim has not been resolved, the party making the CIaLm shall, within ten days after the Architect's preliminary response, take one or more of the folk)wing actions: (I) submit addfuon~ suppor~:ng data requested by the Architect, (2) modify the initial Claim or (3) notitS' the Architect th~.t the init/al Claim stands. 4.4.4 If a Claim hxs not been resolved after consideration of the foregoing and of further evidence presented by the paxues or requested by the Architect. the Architect will notit~, the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time perk)d, the Architect will render to the parties the Architect's written decision relative to the Claim. including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears ti) be a possibility of a Comractor's default. the Architect may. but is not obligated to, notify the surety and 4.5 ARBITRATION 4.5.1 Controvemies and Claims Subject to A~itmtion. Any 12 A201-1987 4,5.2 Rules and Notices for Arbitration. Claims between the Owner and Contruc~or not r~olvcd under Pmmgmph 4.4 shall, if subiec~ to ~fbiramtion under Subp~gn~ph 4.5.1, be d~ided by ~bilmtion ~ 2ccor~ce wi~ ~ Coati.on [nd~[~ ~bic~tion Rul~ of th~ ~e~c~ ~bitm~ion ~c~on Nodce of dem~d for ~Ditmtion SBMI be fined th w~ting with copy s~I be ~fled wi~ the ~chitect. with Subp~a~ph 4.3.4, g.S.g When A~i~flon Ma~ ~ D~mand~. Dem~d for arbi- tration of ~y Cl~m may not be made until the ~iler of (1) the sion on t~e Cla~, (2) the tent~ ~y ~er the parti~ have pre- d~cribed in Subparag~ph 4.3.2. g.$.g.~ When a wnnen dec~ion of the Architect smt~ that the decision ~ finM 3ut subject ro ~Dltration ~ad (2) a made wi{Bin 30 days after the date on which the ~y making dem~d arbitration within s~d 30 ~)'s' period shMl result in the ArcNitect's dec~iofl becoming finM ~d binding upon the 4.$.~.~ A dem~d for arbilmtion shMl be made withM the limits specified in Subparagraphs 4.5.I ~d 4.5.4 ~d C~se ~.8.$ ~imi~tion on ~onaolidation or ~oinOer. No arbitration person or entity other than ~he Owner. Contractor or a separate 4.5.6 Claims and Timely Assertion of Claims. A pa~y who files a notice of demand for arbitration must assert in the demmld afl Claims then known to that pac~y on which azbitra- {ion is permitted to be demanded. When a par~y fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Clmm ha5 matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5;.7 ,Juvlgmsnt on Final Award. The award rendered by the arbitrator or arbitrators sl~ail be final, and judgrnent may he entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5;.1 DEFINITIONS 5.1.1 a Subcontractor is a person or entity who ha~ a direct contract with the Contractor to per/btm a portion of the Work at the site, The term "Subcontractor" is retS{red to throfighout the Contract Documents as if singular in number and means Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or suDcontractors or' a separate contractor. 5;.1.;2 A Sub-subcontractor is a person or entity who h~ a direct or indirect contract with a Subcontractor to perform a port,on of the Work at the site. The term "Sub-subcontractor'~ is referred to throughout the Contract Documents as if singular in number mad means a Sub*subcontractor or an authorized representative of the Sub-subcontractor. 5;.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract D'ocument5 or thc bidding reqturemencs, the Contractor. as soon as prac- ticable after award of the Contract, shall fiamish in writing to the Owner through thc Architect the names of persons or ties (including tho,~e who are to fiarnish mareriais or equipment fabricated to a special design} proposed for each pnncipal por- tion of the Work. The Architect will prompdy reply to the Con- tractor in wdting stating whether or not the Owner or the Architect. after due investigation, has reasonabie ob)er{ion an)' such proposed pe,-son or entity Failure of/he Owner or able objection. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5,3.1 By appropriate agreement, wdttcn where legully required for validity, the Contractor shall require each Subcontractor, to thc extent of thc Work to be performed by the Subcommctor, to be bound to tine Contractor by terms of ;he Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- tract agreement sha~l preserve and protect the dghts of the respect to the Work to Be performed By the Subcontractor so that subcontracting thereof will not preiudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, By the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each swnilarly make copies of applicable portions of such documents 6.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is .2 assignment is subiect to the prior rights of the surety, if any, obligated under bond relating to the Contract. $.4.2 If the Work has Been suspended for more than 30 days, ARTlCLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6,1.1 The Owner reserves the right to perform construction or operations related to the Proiect ;,ich the Owner's own forces, and to award separate contrac~ in connection with other por- tions of the Proieet or other construction or operations on the site under Conditions of the Contract identical or substandally similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. $.1.2 When separate contracts are awarded for different poe- tions of the Project or other coostructk)n or operauons on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordinar/on of the activi- ties of the Owner's own force~ and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sohed- ules when directed to do so, The Contractor sha/l make arty revisiorts to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The corlstruction schedules shall then constitute the schedules to he used by the Contractor, separate contractors and the Owner until subsequemty revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the sm-ne dghts which apply to the Contractor under the Condi- uons of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 1I and 12. 5.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford thc Owner and separate con- tractors reasonable opportunity, for introduction and storage of their materials and equipment and performance of thei£ activi- ties and shall connect mad coordinate the Contractor's con- struction and operations with theirs as required By the Contract Documents. 6,2.2 If part of the Contractor's Work depend~ for proper execution or results upon construction or operations by the Owner or a sep:kmte contractor, the Contractor sinall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects id such other construction that would render it unsuitable for such proper execution ;md results. Failure of the Contractor so to report shall cort~tirute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then re~onably discoverable. 6.2.3 Costs caused by delays or by improperly tn'ned activities or defective construction shall Be Borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- ~ufly caused by the Contractor to completed or partially com- pleted construction or to properly of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.$ Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- jecr to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities tbr cutting and patching As are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor. separate con- tractors and tine Owner as to the responsibility under their respective contracts for maintaining the premmes and surround- ing area free from waste materials and rubbish as described Ln paragraph 3-15, the Owner may clea.q up and allocate the cost among those responsible as the .~chirect de~crmines to Be just. 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract. and without invalidating the Contract, by Change Order, Construction Change Directive or order {'or a minor change in the Work, subject to the limitations stated in this Article 7 arid elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and .Arclmtect; a Construction Change Directive rcqmres agreement by the Ovnner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be is,sued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provtsions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changnd in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adiusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner. Contractor and Architect. stating their agreement upon all of the following: .1 a change in the Work; .2 thc amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time. it' any 7.2.2 Methods used in determining adiu~tments to the Contract Sum may nnclude those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and 3a'chitect, directing a change in thc Work and stating a proposed basis for adiustment, if any, in the Contract Sum or Contract Time. or tract Time being adjusted accordingly. .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7,3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall prornpdy 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- posed adjustment in the Contract Sum or Contract Time. 7.3.$ A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the .Archi- tect on the basis of teasooable expenditures and savings of those performing the Work attributable to the change, includ- ing, in cue of an increase in the Contract Sum, a reo.sonable allowance tbr 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 purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of tabor, 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 cost 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 premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .$ additional costs ofsupervisk}n and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts riot in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decreuse 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 oveche-ad and profit snail be figured on the basis of net increase, if any, with respect to that change. 7,3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or thc method for determining it. the adjustment or the method sha~l be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with [he deter- ruination made by thc Archffect concerning the adjpstments in the Contract Sum and Contract Time. or otherwise reach agree- ment upon the adjustments, such agreement shall he effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect wili have authority to order minor changes in the Work not involving adjustment m the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes sh~ be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time. including authorized adiustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not he postponed by the f:alure to act of the Contractor or of persons or entities 8.1.1 The date of Substantial Completion is the date certified bv the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mc'an calendar da2,' unless other'~,-tse specitically defined. 8.2 PROGRESS AND COMPL=--F1ON 8.2.1 Time limits s~ted in the Contract Documents are of the essence of Iht Contract. By executing the Agreemen£ the Con- for performing thc 8.2.2 Tile Contrac:or sh~l not knowingly, except by agree date of insurance required by Article l I to be ~rnished by the he change~_l by the effective date of such insurance. Unless thc c~mmencing the Work ~o permit the m'nely filiog of mortgages. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the 3.greement and, incJud- ing authorized adjustments, is the total amount payable by tl~e Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the .architect a schedule of values allocated to various potions of the Work. prepared in such form and sup- ported by such data [o substantiate its accuracy as the Architect may require. This schedule, unless objected to by the .Architect, sh',ll be used as a basis for reviewing the Contr-actor's Applica- tions for Payment, 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contracn)r shall submit to the Mchitect an itemized Application for Payment for operations completed :n accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may' require, such as copies of requisitions from Su0contractors and mamrial suppliers, and reflecting retalnage if provided fi>r elsewhere in the Contract Documents. a.3.1.1 Such applications may include requests t'or payment on account o( changes in the Work which have been properly authorized by Construction Change Directive~ but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- delivered and suitably stored at the site tDr subsequent incur- potation in the Work. if approved in advance hy the Owner, payment may similarly he made ri)r materials and equipment 16 A201-1987 part as provided in Subpmragraph 9.5.1. Application tbr Payment, that the Work has progressed to the point indicated and that, to the best of the .&rchitec~'s knowl- edge, information and belief, quafity of the Work is in actor- and to specific qualifications expressed by the .&rchitect. The quality or quantity of the Work, (2) reviewed construction Sum. S.fi nECLSIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part. to the extent reasonably necessary, to protect the Owner, [fin the Architects opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. [f the Architect is unabte to certify payment in the amount of the Application. the Architect will notify the Commctor and Owner as provided in Subparagraph 9.4,1. [f the Contractor and .~-chitect cannot agree on a revised amount, the Architect will prompdy issue a Certificate ~or Payment for the amount for which the Architect is ahie to make such representations to the Owner The Archi- tect may also decide not to certify payment or. because of subsequently discovered evidence t)r subsequent observations. may nullify the whole or a part of a Cer~ifiuste for Payment previously issued, lc) such extent as may he necessary in the Architect's opinion to protect the Owner from lo~s Because off .1 detective Work not remedied: .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 fmlure of the Contractor to make payments prop- eriy to Subcontractors or for labor, materials or equipment: .4t rea.sonabIe evidence that the Work cannot he ct)rd- pitted tut the unpaid balance of the Contract Sum; pleted within the Contract Time. and that the unpaid liquidated damages for the antiopated de~ay: or .7 pers~stem failure to carry out the Work in accordance 9.5.2 When the above remsons for withholding cercificatinn are removed, certification will be made for remounts previously withheld. 9.8 PROGRESS PAYMENTS 9.6.1 After the Architect ha~ 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. 9.8.2 The Contractor shall promptly pay each Subcontractor. upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work. the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's potion of the Work. The Contractor shall by appropr/ate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.8.$ The Architect will. on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.9.4 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.$.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 96.3 and 9.6,~. 9.$.8 A Certificate for Payment. a progress payment, or partial or entire use or occupancy of the Proiect by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. S.7 FAILURE OF PAYMENT : 9,7.1 If the Architect does not issue a Certificate tbr Payment. through no fault of the Contractor. within seven days after receipt of the Contractors Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may. upon seven additional days' written notice [o the Owrter and Architect, stop the Work until payment of the arnoum owing has been received. The Contract Time shall he extended appropriately and the Contract Sum shall be increased by the arnount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Ardcle 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 ks suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work f~r its intended use. 9.g.2 When the Contractor considers that the Work. or a por- tion thereof which the Owner agrees to accept separ'ateiy, 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 prompdy to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the COhO"actor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or des~g- A201-1987 17 nared portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substacttiai Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shaft 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 shaft establish the date of Sub- stantiai Completion, shall establish responsibdities of the Owner and Contractor for serum3', maintenance, heat, utilities, damage to the Work and insurance, and shaft fix the time within which the Contractor shall finish afl items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shaft corrmaence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitred to the Owner and Contractor for their wdtten accep- tance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion [hereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment. reflecting adjustment in retalnage, if any, for such Work or por- tion thereof as provided in the Contract Dockunents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- daffy completed portion of the Work at any stage when such pomon is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3, ! ! and authorized by public authorities having jurmdiction over the Work. Such partwJ occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Con[factor have accepted in writing [he responsibilities assigned to each of them for payments, retamage if any secu- nty, maintenance, heat. utilities, damage to the Work and insur- ance, and have agreed in wrthng concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When [he Contractor considers a portion subs[antiafly complete, the Contractor shall prepm'e and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contmctor to partial occu- panc,v or use shaiI not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the .architect. 9.9.2 Immediately prior to such partial occupancy or use. the Owner. Contractor and Architect shall jointly inspect the area to be occupied or port,on of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless other;vise agreed upon, partial occupancy or use of a portion or portion~ of the Work shall not constitute ofccp- Lance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of wntten notice [hat the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will prompdy issue a final Certificate for Payment stating that to the best of the .azchitect's knowledge, information and belief, and on the basis of the Architect's observations and inspections. [he Work has been completed in accordance with terms and conditions of the Contract Docu- ments and d'mt the entire balance found to be due the Contrac- tor and noted in said t~Lqal Certificate is due and pax, able. The .architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9, I0.2 as precedent to the Contractor's tieing entitled to t'mal payment have been fulfilled. 9.10.2 Neither final payment nor any remaining remthed percentage shaft become due until the Contractor submits to the Architect ii) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property, might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no suhstanti;il reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety,, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, reles, ses and waivers of liens, clmms, secunty interests or encumbrances arising out of the Contract, to the extent and in such form ms may be designated by the Owner. If a Subcon- tractor reftmea to furnish a release or waiver required by the Owner. the Contractor may furnish a bond satisfhctory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shaft refund to the Owner ail money that the Owner may be compelled to pay in discharging ~uch lien. including afl costs and reasonable attorneys' fees. 9.10.3 [L after Substantial Completion of the Work, final com- pletion thereof is matenafly delayed through no fault of the Contractor or by issuance of Change Orders affecting f'mai completion, arid the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect~ and without termLnadng the Contract. make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retmnage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of [he balance due fbr that por- tion of the Work fully completed and accepted sh-.fll be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shaft be made under terms and conditions governing final payment, except that it shall not constttutea waiver of claims. The making of final payment shall constin~te a waiver of claims by the Owner ~s provided in Sub- paragraph -L3.5. 9.10.4 Acceptance of final payment by the Contractor. a Sub- contractor or marehal supplier shall constitute a wmver of clmros by that payee except those previously made in writing and identified by that payee ms unsettled at the time of final Application for Payment. Such waivers shaft be in addition to the wsdver described in Subparagraph 4.3.5. 18 A201-1987 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY lO.1 SAr=[¥ PRECAUTIONS AND PROGRAMS 10.1.1 Thc Contractor shall be responsible for initiating, main- taming and supervising all saFew precautions and programs Lq connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site mater[~d re~-~onably believed to be asbestos or polychiorthated 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 azea shal~ not thereafter be resumed except by written agreement of the Owner :md Contractor if in fact the material is asbestos or polychlorinated bipheny[ (PCB) and h:~ not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychJori- hated biphenyl (PCB), or when it has been rendered harmless. by written agreement of the Owner and Contractor. or in accordance with final determinatinn by the 3-cchitect 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 [o perform without consent any Work relating to asbestos or poiychlorinated biphenyl (PCB). 10.1.4 To the ~llest extent pen'nined by law, the Owner shall indemnify, and hold hmTnleas the Contractor, .~rchitect, .~'chi- [ect's consultants and agents and employees of any of them from and agmnst claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arisLqg ()ut of or resulting from performance of the Work in the affected area if in fact the material ~ afbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such c 'la, m, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to inlury to or destruction of tangibie property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in who[e or in part by negligent acts or omissions of the Owner. anyone directly or indirectly employed Dy the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obiigatk)n sh;dl not be toast,deal [o negate, abridge, or reduce other rights or obligatioo~s of indemnity which would otherwise exit as to a party or person described in this Subparagraph 10. I.~. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide r~asonable protection to prevent da-range, injury or loss ~o: .1 employees on the Work and other per~ons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site. under care. custody or control of the Contractor or cbc Contractor's Subcontractors or Sub-subcomrac- ~OrS; and .3 other property at the s~te or adiacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways. stcuc'nLres and utfikies not designated for removal relo- catzon or replacement ~ the course of cort~tnaction. 10.2.2 The Contractor shall give notices and comply with applicable laws· ordinances, rules, regulations and law~l orders of public authorinc~ bea~ng on safety of persons or properly or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by e:,dsting conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings aga~st hazard& 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 execution of the Work, thc Contractor shall exercise utmost care and carry on such activities under supervision of properly quaJified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in pact by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them. or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1,2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of thena may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of [he Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwL~e designated bv the Contractor 10.2.7 The Contractor shall not load or permit any pa~ of the construction or site to be loaded so a~ 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 Contractor's discretion, to pre- vent threatened damage, iniury or loss. Additional compensa- of an emergency shMl be determined as provided in Paragraph 4.3 and Azticle 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor sh'all purchase from and maintan in a company or companies law~lly author=ed to do business in the jurisdiction in which the Project is located such insurance as wlil protect the Contractor from claims set rbrth below which under the Con£rac[ and for which the Conrlactor may he legally liable, whether such operations be by the Contractor or by a S~bcontractor or by anyone directly or indirectly employed by an}' of them, or by anyone for whose acts any of them may be liable: d~abdJ~ benefit and other sa'ndar employee benefit acts w~ch ace apblicable to the Work to be pefformedi A201-1987 19 .2 claims for damages because of bodily inlury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 damns for damages insured by usual personal iniury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employmem of such person by the Contractor, or (2) by another person; .!5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting there~t¥om: .$ claims for damages because of bodily injury, death of a person or properw damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving comractual liability insurance appli- cable to the Contractor's obligations under Paragraph 318. 11.1.2 The insurance required by Subparagraph I 1.1.1 shall be written for not less than limits of liability specified in the Con- tract Documcms or required by Iav,,, whichever coverage is claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final paymem and termination of any cover'age required to be mmn- tmnzd after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph ~11 shall coat:un a provision that coverages afforded under the policies will clot be cancelled or allowed to expire until at least 30 days' prior wmten notice has been given to the Owner. if any of the foregoing insurance coverages are required to remmn in force a~er final payment and are re0.son- ably avmlable, an additional certificate evidencing cominoanon of such coverage shall be submitted with the final Application for Payment ~ required by Subparagraph 9.10.2, information concemxng reduction of coverage shall be ~rmshed by the Contractor with rea.sortable promptness in accordance with the Contractor's intbrmation and beiief. 11.2 OWNER'S LIABILITY INSURANC~ 11.2.1 The Owner shall be responsible for purchasing and mmntmnthg the Owner's usual liability insurance. Optionally, the Owner may pumhase and maintain other insurance for self- a~r purchasing and maintaining this optkmal Owner's liability insurance unless sp~x:ifically required by the Contract untary deductibles. Such property insurance shall be main- other than the Owner has mn insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor. Subcontractors and Sub-subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work. temporary buildings and debris removal including demolition occasioned by enforcement of any appficable legal requirements, and shall cover reusonabie 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 not intend to purchase such prop- erty insurance required by the Contract and with all of the COVerages in the amount d~cribed above, the Owner shall so inform the Contractor in wfitthg prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work. and by appropriate Change Order the cost thereof shall be charged to the Owner. If' the Contrac- tor is damaged by the failure or neglect of ihe Owner to pur- chase or mamt:nn insurance a.s described above, without so 20 A201-1987 DOCUMENT A~01 · GENERAL CONnITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EnITION 11.3.5 If during [he Proiect constmcnon period thc Owner insures properties, real or personal or both, adjoining or adja- cent to [he site by property k,~urance under policies separate from [hose insuring the Project, or if after Final payment prop- erty insurance is to be provided on the completed Project through a policy or polic;es other than those insuring the Proj- ect during the construction period, the Owner shall waive all fights in accordance with the terms of Subparagraph ! 1.3.7 for damages caused by fire or other perils covered by [his separate property insurance. All separate policies shall provide [his waiver of subrogation by endorsement or otherwise. 11.3.8 Before an exposure to loss may occur, the Owner shall tile with the Contractor a copy of each policy dmt includes insurance coverages required by [his Paragraph 11.3. Each policy shall contain all generally applicable conditions, de£~qi- uons. exclusions and endorsements related to [his Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at leazt 30 days' prior writ- ten nouce has been given to the Coramctor. 11.3.7 Waivers of Subrogation. The Owner and Contractor wmve all rights agaJnst (I) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of [he other, and (2) [he Architect. Architect's consultants, separate contractors described in Article 6, if any. and any of [heir sub- contractors, sub-subcontractors, agents and employees, tbr damages caused by fee or other perils to the extent covered Dy property insurance obtained pursuant to this Paragraph I 1.3 or other property insurance applicable to the Work. except such rights as they tlave to proceeds of such insurance held by the Owner az fiduciary. The Owner or Contractor, az appropriate. shall require of the Architect..-trchitect's consultants, separate contractors described in .&rticle 6, if any. and the subcontrac- tors, sub-subcomractors, agents and employees of any of them, by appropriate agreements, written where legally required tbr validity, sLmilar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall he effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insura,~ce premium directly or indirectly, and whether or not the person or entity had ma insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance sh;fll be adjusted by the Owner as fiduciary and made payable to [he Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph I 1.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make paymems to their Sub-subcontractors in similar 11.3.9 [f required in wnting by a party in interest, the Owner az fduciary 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 az fiduciary. The Owner shall deposit in a separate account pro- reeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties tn mterest may reach, or in accordance with an arbitration award in which raze the procedure shall be as provided in Paragraph 4.5. [f after such loss no other special agreement :s made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust and settle a toss with insurers urdess one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exerciSe of this power; il: such objec=ion be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner ~ fiduciary shall in that raze. 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 dlstribunon. 11.$.11 partial occupancy or u.se in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or uae by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or ttse that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the fight to require the Contrac- tor to furnish bonds covering falthfial performance of the Con- tract and payment of obligations arising [hereunder az 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 potennal beneficiary of Bonds covering payment of obliga- tions arising under the Contract. the Contractor shall promptly t~m~sh a copy of the bonds or shall permit a cop?' to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 [fa portion of the Work is covered contrary to [he Architect's request or to requiremenr~ specifically expressed in replaced at the Contractor's expense without change in the Content= Time. 12.1.2 If a portinn of the Work has been covered which the being covered, the Architect may request to see such Work 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 sucri contractor in which event [he Owner shall be responsible for 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work reiected by the A.cchitect or tailing to conform to the requxrements of Substantial Complerion and whether or not fabricated, installed such rejected Work. including additional testing and inspec- 1~.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date All DOC~ItIIIENT A~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION A201-1987 21 for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requa-e.ments of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actual performance of tine Work. This obligation under this Subparagraph 12.2.2 shall survive acted- lance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly alter dis- covery of the condition. 1:).2,3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Commct DocumenLs and are neither corrected by the Contractor nor accepted by the Owner. 15'.2.4 If the Contractor fads to correct nonconforming Work within a reportable time, the Owner may correct it in accor- dance with Paragraph 2.~. If the Contractor does not proceed with correction of such noncontbrming Work within a reason- able time FLxed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs :md damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. [f such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency, If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bc~r the cost of correcung destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused By the Contractor's correction or removal of Work which ts not in accordance with the requirements of the Con- 12.2.5 Nothing contained in this paragraph 12.2 shall be con- stmed to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the twne period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relarionship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced. nor to the time within which proceedings may be commenced to esrsbilsh the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 It' the Owner prefers to accedt Wort( which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will he reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOOS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be govemed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other part7' hereto and to partners, successors, assigns anti legal representatives of such other part}, in respect to covenants, agreements and obligations contained in the Con- tract l:X)cuments. 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 par~y shall nevertheless remain legally responsible for ali obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intendecl, or if delivered at or sent by registered or certified mail to the last Business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13,4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be m addition to and not a limitation of duties, obligations, rights ;md remedies otherwtse imposed or avmlable by law. 13.4.2 No action or failure to act by the Owner/A~'chitect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acqumscenee in a breach thereuntier. except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws. ordi- nances, mits. regulations or orders of public authorities having jurisdiction shall be made at an appropriate tLme. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing laboratoo' or entity acceptable to the Owner. or with the appropriate public authority, and shall hear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall he:tr costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.$.~ If the Architect. Owner or public authorines having jurksdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5. I, the Architect will, upon wr:tten authorizauon from the Owner. instruct the Contractor to make arrmqgements for such adtiitional testing, inspection or approval by an entity acceptable to the Owner. and tile Contractor shall give timely notice to the Architect of when and where tests and inspecnons are to be made so the Architect may observe such procedures. 22 A201-1987 The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.;3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear ail costs made necessary by such failure including those of repeated procedures and compensation for the 3xchitect's services and 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents. be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the .&rchitect will do so promptly and, where practicable, at the normal place of testing. 1:~.$.6 Tests or insp¢ctior~5 conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is dueat such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Proiect is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 .as between the Owner and Contractor: .1 Before Substantial Completion. A~ to acts or {~ailures to act occumng prmr to the relevant date of Substan- tial Completion. any applicable statute of limitations sl~alI commence to nm and any alleged cause of action shall be deemed to have accrued in any and ail events not later than such date of liubstaruml Completion: .2 Between Substantial Completion and Final Certifi- cate for Payment. ,4 to acts or tinlures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the tinai Certitl- cate for Payment, any applicable stature of limitations shaiI commence to mn and any alleged canse of action shall be deemed to have accrued in any and ail .3 After Final Certificate for Payment. ~ to acts or ante of the final Certificate tbr Payment, any appli- ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1,1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or there agents or employees or uny other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of un order of a court or other public author- ity having iurisdiction; .2 an act of goverrmaent, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate ~r Payment and has not nodded the Contractor of the reason for withholding certification as provided in Subparagraph 9,4. I, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in paragraph I4.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or [20 days in any 365-day period, whichever is less; or .$ the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 [f one of the above res. sons exists, thc 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 matermis, equipment, tools, and construction' equipment und machinery, including reasonable overhead, profit and damages, 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has perskstently failed to Mlfill the Owner's obligations under the Contract Documents with respect to matters impor- t:a~t to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect. terminate the Contract and recover from the Owner as provided in Subparagraph 1~.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract it' the .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials: .2 t~.ds to make payment to Subcontractors for materials or labdr in accordance with the respective agreements .3 perszstently disregards laws, ordinances, or rules, reg- diction; or .4 otherwise is guilty of substantial br~-ach of a provision 14.2.2 When any of the above rea.sons exist, the Owner, upon certification by the Architect that sufficient cause e.'dsts co jus* A201-1987 23 tify such action, may without prejudice to any other fights or .1 take possession of the site and of all materials, equip- graph 5.4; and 14.2.3 When the Owner terminates the Contract for one of the 14.2.4 If the tlnpa~d hal:race of the Contract Sum exceeds costs Owner. The amount to be paid to the Contractor or Owner, as the c~se may be, shall be certified by the .krchitect, upon appli- cation, and this obliganon for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract. including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No ad{ustment $ha~l be made to the extent: .1 that performance is, was or would have been so sus- pencled, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 WARNING: Unlicensed lahOtoco!aying violat~ U.S. copyright law~ and is sulaiect to legal prosecution. 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 clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. the 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence $1,000,000 Aggregate, Products and Completed Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum pedod of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. Property Damage Liability insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: THE AMERICAN INSTITUTE OF ARCHITECTS Document A3"1'1 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinatter called Contractor, and, as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner, in the amount ot Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agFeement dated 19 , entered into a contract '~ith Owner for in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract'. eRFORMANCE BOND NOW, THEREFORE, THE COHOITIOH OF THIS OBLIGATION iS SUCh thaL ~f Contractor shall ~rompfly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain ~n full force and ei~ect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in defautt under ~he Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall prompdy 1) Complete-the Contract in accordance with its terms and conditions, or 21 Obtain a bid or bids for completing the Contract accardance with ~ts terms and conditions, and upon termination by Surety of the lowest responsible bidder, or, ii ~he Owner ejects, upon determination by the Owner and ~h~ SureW ]oindy o( ~he Iowes~ bidder, ~tran~e ~or ~ conlract b~Jw~e~ such bidder ~nd Owner, ~d make available as Work prosress~ (even ~housh ~here should 5~ a default or a succession arranged under this paragraph) sufficient funds Io pay Ihe Any suit under this bond must be instiluled before final payment under the Contract falls due. No right of action shail accrue'on th~s band to or for Signed and sealed this day of 19 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A371 Labor and Material Payment Bond THIS BONO IS ISSUEO SIMULTANEOUSLY WITH PERFORMANCE 80NO IN FAVOR. OF THE KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called ?rincipal, and, as Surety, hereinafter called Surety, are he!d and firmly bound unto as Oblisee, hereinafter called Owner, for the use and benefit ot claimants as hereinbetow defined, in ~he amount of for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Principal has by written agreement dated 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 3 LABOR MATERIAL PAYMENT B ND 1. A claimant is defined as one having a direct con- tract with Ihe Principal or with a Subcontractor of the Principal for labor, material, or bolh, used or reasonably required for use in the performance of [he Contract, labor and malerial being construed to inctude that part of water, gas, power, tight, heat. oil, ~asoiine, telephone se~ice or renl~[ of equ~men~ direcdy ~p01icable (o lhe Con~racL 2. The above named Principal and Surety hereby jointly and severally agree w~Ih the Owner that every claimant as herein defined, who has not been paid in full before the expirauon oi a period of ninety (90) days after the date on which the last of s~ch claimant's work Or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final )udgment for such sum or su.'n~ as may be justly due claimant, and have execuhon thereon. The Owner shah not be liable for the payment o~ any costs or expenses of any such suit. contract with the Principal, shall have gwen written not.ce to any two of the following: the Principal, the Owner, or the Surety above named, within mnety (90) days aher such claimant did or pedormed the last of {he work or labor, or furnished the ~ast of the materials for which said claim is made, stating with substantial shall be served by mailing the same by registered mail or certified mail~ postage prepaid, in an envelope ad- legal process may be served in the state in which the not be made by a public officer. b) After the expiration of one (91 year following the date on which principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such [imitation shall be deemed to be amended so as to be equal to the minimum period of limitation permilted by such Jaw. c) Other than ;n a state court of competent iurisdiction in and for Ihe county or other political subdivision ot the state in which the Project, or any part thereoi, is situated, or in the United States District Court for the 4. The amount of :h,s bond shall be reduced by and Iq Ihe extent Of any payment or paymenls made ~n good faith hereunder, inclusive of the payment by Surety 0f mechanics' liens wh.ch may be filed of record against said improvement, whether or not ctaim for ~he '~mount of such lien be presented under and against Ibis bond. S'igned and sealed this day of 19 fFith,) 4 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Con(ractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reasor~ of any matter, cause or thing whatsoever, from the beginning of the wodd to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: ,19 __ and any admittance or supplements thereto. IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its affixed and duly attested by its this Attest: Principal: and its corporate seal to be hereto day of , 19 __ PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION COUNTY OF SUFFOLK ROBERT J, GAFFNEY SUFFOLK COUNTY EXECUTIVE TO: FROM: DATE: RE: All Consortium Members V. Turner, Program Technician Olga January 7, 1997 Federal Wage Rate Schedules Enclosed please find a copy of the Federal Wage Rate Schedule # NY 96- 13 with Modification # 11 issued January 3, 1997. This schedule is to be used for all Community Development projects in excess of $2,000. and should be inserted in both bid documents and contraries. Any previous wage rate schedule is now obsolete and should be discarded. If you have any questions regarding the above, please do not hesitate to call me at 853-5705. OVT:ovt Enclosure General Decision Number NY960013 Superseded General Decision No. NY950013 State: New York Construction Type: BUILDING HEAVY HIGHWAY RESIDENTIAL County(ies): NASSAU SUFFOLK BUILDING CONSTRUCTION PROJECTS, RESIDENTIAL CONSTRUCTION PROJECTS (including single family homes and apartments up to and including 4 stories), HEAVY CONSTRUCTION PROJECTS, HIGHWAY CONSTRUCTION PROJECTS Modification Number 0 1 2 3 4 5 6 7 8 9 10 11 Publication Date 03/15/1996 07/05~1996 08/02f1996 08/30~1996 09/13 ~1996 09/20 f1996 10/25~1996 11/01~1996 11/08~1996 11/22~1996 11/29/1996 01/03/1997 RECEIVED SUFFOLK COUNTY COMMUNITY 220 RABRO DRIVE HAUPPAUGE. N.y. 11788 NY96~13 - 1 01/03/1997 COUNTY(ies): NASSAU SUFFOLK ASBE0012A 07/01/1996 Rates Fringes ASBESTOS/INSULATOR WORKERS: SCOPE OF WORK: includes application of all insulating materials, protective coverings, coatings and finishing to all types of mechanical systems. 29.520 14.75 BOIL0005A 09/02/1995 Rates BOILERMAKER $31.35 Fringes 3.40+47%+a FOOTNOTE: a. PAID HOLIDAYS: New Years Day, Thanksgiving Day, Memorial Day, Independence Day, Labor Day and Good Friday, Friday after Thanksgiving, Christmas Eve Day and New Years Eve BRNY0001A 07/01/1996 Rates Fringes BRICKLAYERS $30.77 14.36 CARP0017P 07/01/1995 Rates Fringes CARPENTERS: Nassau County (Remainder of County): 27.98 17.20 CARPO740A 01/01/1996 Rates Fringes MILLWRIGHTS 28.53 18.91 CARP1093A 07/01/1995 Rates Fringes CARPENTERS: Nassau County (except that part South of the Southern State Parkway West of Seaford Creek, also smithtown Islip line on the East, Long Island Sound on the North and Middle Island RR track on the South: Carpenters; Acoustical; Drywall Installers: Building 27.30 16.82 NY96q0,13 - 2 0t/03/1997 Heavy & Highway 28,41 16.82 CARP1222A 01/01/1996 Rates Fringes CARPENTERS: Suffolk County: Building 31.90 13.29 Heavy & Highway 31.90 13.29 Residential 22.05 10.18 RESIDENTIAL CONSTRUCTION: Work in connection with alteration and/or repair of all residential units on housing, whether singular or multiple, condominiums, town houses and walk-up garden apartments not to exceed three (3) stories and wich are non-elevator structures;it shall also cover the receiving, fastening and putting in place of all modular units when used for construction of the above referenced units, regardless of from what material they are made such as wood, masonry metal or plastic. Hi-rise apartments, motels, nursing homes and other institutional type living facilities are not covered under residential construction. CARP1456J 07/01/1995 DIVERS DIVERS TENDERS DOCKBUILDERS PILEDRIVERMAN SOFT FLOOR LAYERS PAPERHANGERS Rates 34 05 25 56 .27 98 27 98 27 98 23 88 Fringes 17.20 17.20 17.20 17.20~ 17.20 10.48 * ELEC0025B ELECTRICIANS 01/01/1997 Rates Fringes 31.35 18.19 LINE CONSTRUCTION: Lineman, Technician, Heavy Equipment operator, Truck Driver & Groundman 31.35 18.19 ELEC0025C 05/01/1996 ELECTRICIANS: Rates Fringes Wiring or single or multiple family dwellings and apartments up to and including 2 stories 21.20 37-1/2%+2.08 Maintenance Unit 24.65 35-1/2%+2.38 Telephone Unit 23.50 47-125%.27 NY960013 - 3 01/03/1997 ELEVO001B 07/01/1995 Rates ELEVATOR MECHANICS (New Construction) 31.31 ELEVATOR MECHANICS (Modernization and Repair) 27.33 Fringes 9.51+a 9.37+a FOOTNOTE: a. PAID HOLIDAYS: New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving, and christmas Day. PAID VACATION: Employer contributes 8% of regular basic hourly rate as vacation pay for employees with more than 5 years of service, and 6% for employees with less than 5 years of service ENGI0138A 06/01/1996 BUILDING CONSTRUCTION Rates Fringes GROUP 1 29.47 18.68+a GROUP 2 24.91 18.68+a GROUP 3 26.87 18.68+a GROUP 4 24.79 18.68+a GROUP 5 23.75 18.6~+a NOTES: Hazmat premiums: Level A 3.00 Level B 2.00 Level C 1.00 Oiler on truck cranes with boom length of 100 ft. or more .25 FOOTNOTE: a. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Lincol ,s Birthday, Washington"s Birthday, Columbus Day, Election Day, and Veterans Day. POWER EQUIPMENT OPERATOR CASSIFICATIONS GROUP 1: Asphalt spreader, backhoe crawler capacity over cater- piller 225 and lomatsu 300, Boiler (thermoplastic), Cherry picker, over 50 tons, CMI or maxim spreader, concrete pump (with oiler), crane (crawler truck), crane (on barge), crane (stone setting), crane (structural steel), crane (with clam shell), derrick, dragline, dredge, gradall, grader, hoist (3 drum), loading machine (bucket) cap of 10 yds or over micro-trap, with NY960013 4 01/03/1997 compressor (negative air machine), milling machine, large pile driver, power winch, Stone setting/structural steel, power winch (truck mounted/stone steel) powerhouse, road paver scoop, carry-all, scraper in tandem shovel, sideboom tractor, sideboom tractor (used in tank work), stone spreader (self propelled tank work), zamboni (ice machine) GROUP 2: Backhoe, boom truck, bulldozer, cherypicker conveyor (multi), dinky locomotive, forklift, hoist, 2 drum, loading machine, loading machine (front end) mechanicl compactors, (machine drawn), mulch machine (machine-fed), power winch, other than stone/structural steel, power winch (truck mounted other than stone steel) pump (hydraulic, with boring machine), roller (asphalt), scocp (carry-all scraper), tower crane (maintenance man), trenching machine GROUP 3: Comrpessor (structural steel), Compressor (2 or more in battery), concrete finishing mchine, concrete spreader, conveyor, curb machine (asphalt or concrete), curing machine, fireman, hoist (1 drum), micro-trap, (self contained, negative air machine), pump (4 inches or over), pump (hydraulic), pump (jet), pump (sumbersible), pump (well point), pulvi-mixer, ridge cutter, roller (dirt), striping machine, vac-all, welding and burning, welding machine'(pile work), welding machine (structural steel) GROUP 4: Compressor, compressor (on crane), compressor (pile work), compressor (stone setting), concrete breaker, concrete saw or cutter, forklift (walk behind, power operated), generator~pile work, generator, hydra hammer, mechanical compactors (hand operated), oiler (truck crane), pin puller, portable heaters, powerbroom, power buggies, pump (double action diaphgrgm), pump (gypsum), trench machine (hand), welding machine GROUP 5: Batching plant (on site of job), generator (small),. mixer (with skip), mixer (2 small with or without skip), mixer'(~ · bag or over, with or without skip), mulch machine, oiler, pump (centrifugal, up to 3 inches), root cutter, stump chipper, tower crane (oiler), tractor (caterpillar or wheel vibrator) ENGIO138B 06/01/1996 POWER EQUIPMENT OPERATORS Rates Fringes HEAVY AND HIGHWAY CONSTRUCTION GROUP 1 30.30 18.68 + a GROUP 2 28.22 18.68 + a GROUP 3 27.18 18.68 + a GROUP 4 25.10 18.68 + a GROUP 5 24.06 18.68 + a GROUP 6 22.09 6.55+10% NY9600~J - 5 01/03/1997 NOTES: Hazmat premiums: Level A 3.00 Level B 2.00 Level C 1o00 Truck and Crawler Cranes long boom premiums: boom lengths (including jib) boom lenghts (including jib) boom lenghts (including jib) boom lengths (including jib) Cranes using clamshell buckets Front end loader 10 yds and above Oiler on truck cranes with boom length of 100 ft. or more 100-149 ft 150-249 ft 250-349 ft 350 ft 5O 75 1 00 1 50 25 25 .25 FOOTNOTE: a. Paid Holidays: New Years Day, Memorial Day, Independence Day Labor Day, Thanksgiving Day, Christmas Day, Lincoln's Birthday Washington's Birthday, Columbus Day, Election Day and Veterans's Day. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Asphalt spreader, backhoe crawler (capacity over caterpiller 225 and komatsu 300), boiler (thermoplastic), boring machine (post hole), cgherry picker (over 50 ton), CMI or maxim spreader, concrete pump, with oiler, crane (crawler truck), crane (on barge), crane (stone setting) crane (structural steel)~, crane (with clam shell), derrick, dragline, dredge, gradall, grader, hoist (3 drums), loading machine (bucket) capacity of 10 yards or over, micro-trap (with compressor-negative air machine), milling machine (large), piledriver, power winch (stone setting structural steel), power winch (truck mounted/stone steel), power-house, road paver, scoop, carry all (scraper in tandem), shovel, sideboom tractor, sideboom tractor (used in tank work), stone spreader (self-propelled), tank work, tower crane GROUP 2: Bulldozer, Backhoe, Boom Truck, Boring machine/augur, Cherrypicker, Conveyor (multi), Dinky Locomotive, Forklift, Hoist (2 drum), Loading Machine, Loading Machine (front end), Mechanical Compactor (machine drawn), Mulch Machine (machine- fed), Power Winch (other than stone/structural steel), Power Winch (truck mounted/other than stone steel), Pump Hydraulic (with boring machine), Roller (asphalt), Scoop (carry-all, scraper), Tower Crane (maintenance man), Trenching Machine, Vermeer Cutter, Work Boat GROUP 3: Curb Machine (asphalt or concrete), Maintenance Engineer (small equipment), Maintenance engineer (well-point) Mechanic (fieldman), Micro-Trap (self contained, negative air machine), Milling Machine (small), Pulvi-mixer, Pump (4 inches or over), Pump Hydraulic, Pump Jet, Pump Submersible, Pump (well point), Roller Dirt, Vac-All, Welding and burning, Compressor NY96QO13 - 6 01/03/1997 (structural steel), Compressor (2 or more battery), Concrete Finishing Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (one drum), Ridge Cutter, Striping Machine, Welding Machine (pile work), Welding Machine (structural Steel). GROUP 4: Compressor, Compressor on crane, Compressor (pile work), Compressor (stone setting), Concrete Breaker, Concrete Saw or Cutter, Fork Lift (walk behind, power operated), Generator- Pile Work, Generator, Hydra Hammer, Mechanical Compoactors (hand operated), Oiler (truck crane), Pin Puller, Portable Heaters, Powerbroom, Power buggies, Power Grinders, Pump (double action diaphragm), Pump gypsum, Pump (single action 1 to 3 inches), Trench Machine hand, Welding Machine GROUP 5: Batching Plant (on site of job), Generator (small), Grinder, Mixer (with skip), Mixer (2 small with or without skip), Mixer (2 bag or over, with or without skip), Mulch Machine, Oiler, Pump (centrifugal, up to 3 inches), Root Cutter, Stump Chipper, Tower Crane (oiler), Track Tamper (2 engineers, each), Tractor (caterpillar or wheel), Vibrator, Work boat (deckhand), GROUP 6: Well drillers IRON0040A 07/01/1996 NASSAU COUNTY Rates Fringes IRONWORKERS (STRUCTURAL) 26.75 29.03/ IRON0046C 07/01/1996 Rates Fringes IRONWORKERS (METALLIC LATHERS) 30.07 15.70 IRON0197A 07/01/1995 Rates Fringes IRONWORKERS (STONE DERRICK/~AN) 28.59 20.12 IRON0361A 07/01/1996 SUFFOLK COUNTY Rates Fringes IRONWORKERS (STRUCTURAL) 26.75 29.03 IRON0580A 01/03/1996 Rates Fringes IRONWORKERS (ORNAMENTAL) 26.30 21.25 LABO0066A 07/01/1995 NY96~q13 7 01/03/1997 Rates Fringes LABORERS: BUILDING Laborers 22.35 11.38 Plasterers tenders 22.35 11.38 LABO0999M 06/01/1996 Rates Fringes Asbestos Removal Workers 18.00 4.00 LABO1298P 06/01/1996 LABORERS (HEAVY & HIGHWAY): Rates Fringes Asphalt rakers; Concrete; Curb Formsetters 23.92 10.17+a Asphalt Shovelers & Roller Boys Tampers 23.37 10.17+a Unskilled Laborers 21.57 10.17+a Hazardous Material Handlers 25.88 10.17+a FOOTNOTE: so New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day, Martin Luther King, Jr. Birthday, Washington"s Birthday, (If employee works the Holiday it is double time. If employee does not work the Holiday, the employee receives 2 hours additional pay for each day he works in the holiday week). PAIN0009C 06/01/1995 Rates Fringes IN NASSAU INWOOD, LAWRENCE, CEDARHURST, WOODMERE, HEWLETT, HEWLETT BAY, hEWLETT NECK, HEWLETT PART, EAST ROCKSEAY, PART OF OCEANSIDE, PART OF LYNBROOK, PART OF LOOKOUT, GIBSON, AND PART OF VALLEY STREAM Brush and Roller 24.00 10.32 Spray and Scaffold 29.14 12.52 Fire Escape 27.43 11.79 PAIN1087A 07/01/1995 NY96Dg13 8 01/03/1997 Rates Fringes GLAZIERS: Glaziers 27.85 13.52 PAIN1486A 04/01/1995 NASSAU (REMAINDER) AND SUFFOLK Rates Fringes PAINTERS: Painters & drywall finishers 23.88 11.40 Spraying, Hanging or rolling scaffold 20" and over and sandblasting; 26.35 11.40 Structural steel 31.46 11.40 Repaint of hospitals, schools and apartment houses 20.89 10.39 * PAIN1974B 01/01/1997 Rates Fringes DRYWALL TAPERS/POINTERS 29.74 PLASO060B 07/05/1995 Rates Fringes iN NASSAU FROM FLUSHING BAY ON TH WEST GOING SOUTH TO THE CROSSING OF INTERSTATE 678 AND CONTINUING SOUTH TO THE LON~ ISLAND EXPRESSWAY (INTERSTATE 495), EAST TO THE NASSAU-SUFFOLK LINE, NORTH TO THE LONG ISLAND SOUND PLASTERERS 24.05 13.99 PLAS0202A 07/01/1996 Rates Fringes ALL OF SUFFOLK AND SOUTH OF THE LONG ISLAND EXPRESSWAY IN NASSAU PLASTERERS 24.50 14.57 PLAS0780A 07/01/1995 Rates Fringes CEMENT MASONS 29.35 13.47 PLUMO200A 05/01/1995 Rates Fringes PLUMBERS 31.75 13.74 PLUMO638A 07/01/1996 NY960913 - 9 01/03/1997 Rates Fringes SPRINKLER FITTERS/STEAMFITTERS 30.55 18.34 ROOF0154A 10/01/1995 Rates Fringes ROOFERS 24.14 15.41 SHEE0028B 08/03/1995 Rates Fringes SHEET METAL WORKERS 29.76 18.04 TEAM0282I 07/01/1996 Rates Fringes TRUCK DRIVERS: Asphalt 24.06 High Rise 26.97 Euclids & turnapulls 24.755 15.4625+a+b 15.46+a+b 1504625+a+b FOOTNOTES: Paid Holiday: Employees employed on December 24 and December 31 who report for work on such days shall be paid afternoon holiday pay of four hours each day. Paid Holidays shall be included for purposes of Vacation Credit. b. For each 15 days worked with the contract year an emplqyee will receive one day vacation with pay, maximum vacati6n of 3 weeks per year. In addition, an employee who qualifies for two weeks (10 days) vacation or more with pay and who has been continuously employed by his employer for six years before the close of any contract year, shall be entitled to one extra day vacation; seven years before the close of any contract year, shall be entitled to two extra days vacation; eight years before the close of any contract year, shall be entitled to three extra day vacation; nine years before the close of any contract year, shall be entitled to four extra day vaction; ten years before the close of any contract year or over shall be entitled to three weeks paid vacation with pay, but in no event shall any employee be entitled to more than three weeks vacation pay per year. WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (v)). NY96Qg13 10 01/03/1997 In the listing above, the "SU" designation means that rates listed'under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the NY96Dp13 - !1 01/03/1997 requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. Washington, D. C. 20210 4.) Ail decisions by the Administrative Review Board are.final. END OF GENERAL DECISION NY96~Q13 - 12 01/03/1997 Robert W. Tasker Memorial Park Peconic Lane, Peconic, New York Project: Construction of 3 All Weather Tennis Courts This project is being assisted with funding from the Community Development Block Grants Program, and as such, the performance of ali work contemplated under the terms and conditions of these specifications and related documents must conform to certain basic and specific standards and requirements of both the Federal and New York State governments. The requirements for federal funded projects are. contained in the following documents. 1. Public Law 93-383 2. Labor Standard Provisions 3. Equal Employment Opportunity, Executive Order 11246 4. New Format For Federal Equal Employment Opportunity Bid Conditions 5. Contractors Responsibilities 6. Requirements for Contractors 7. Section 3 Plan 8. Monthly Employment Utilization Report & Instructions for Payroll Form WH-347 9. Contracting Opportunities for Minorities and Females 10. Preconstruction Checklist for Contractors 11. Notice to Bidders & Fair Trade Certification 12. Current Federal Wage Rates If you have any questions on the above or need additional information, please give me a call at 765-1892. QTICE This project is being assisted by funding from the Federal Government of the United States of America under one or more current federal funding programs, and as such, the performance of all work contemplated under the terms and conditions of this set of plans, specifications and related documents must conform to certain basic and specific standards and requirements of both the Federal and New York State governments. The federal labor-standards provisions setting forth the requirements for federal funding are contained in these documents. In the event of conflicting requirements, Federal, and State provisions set forth shall take precedence over local requirements, except for bonding and insurance requirements where local provisions, requirements and standards will apply. Federal Labor Standards Provision.~ , ~ Urban Develel~rm#tt 'ir of tt~e pn3j~l), will be ~ unconcli~on~lly and n~ ~ o~ ~n on~ a w~ a~ ~ su~u~ d~on or ~ ~ ~y accou~; (except Pa~ 5.~aH4~ ~r~ ~ ~i~ ~mg worn in mom ~ one HUD or r~ deS~gne~ or v~ill hoary HUD or JO cle~gnee w.~-aJn ~'ie 30-day a~emar*., and Budget under OMB Control Numbs' 1215-O140.) (d) l'he wage rate (including fringe benefi~ where aDDrooriate} 3. (~ Pm/~olll and _~_~_ rl~. Payrolls a11¢113a~c records relating merits (FederaJ Stoc~ Number 029-005-00014-1). U~S. Gove~ment Pdnting Office, Washington, DC. 20402. The prin-,e con~ctor is resDonsible for 1215-O149.) peflsio~ of any furtt3~ paymem, a~vance, o~ guarantee o~ ftm~s. Furl~er- ~,~re~l~ce. The ailowe=ie raao of ap0renaces to journeymen on t~e job site re,'diste~e~. ~e ~os a~d wage mt~ (ex~r~d in ~rcen~g~ of ~e jour- pr~ ~ ~e ~pren~c~ip ~r~ d~ nm s~ ~nge ~ne~. a~l~ ~o~ In a0di~on. ~ ~n~ ~o~ing wo~ on ~e job site S. ~ ~ ~nd A~ ~ui~ ~e co~ shal 11. Coml31aJnl~ I~ ae' T~m/by ~ml~ No labore~ or (2) V'~la~n; lial3ili'e/f~, ua~aid wag~; ~uidat~ da~g~ In ~e (1) of (3) ~ing HUD-401O (2-84l A.--~.~ endix ! DEPARTMI'NT OF HOUS!NG AND UR~,N D~EVELOPMENI' Executive C:'.d*.: 1!2~6, as emended r'QL,~L EMPL(DY/v'~F. NT OPPORTUNITY Executlvo Order 11247 COORDINATION BY ATTORNF. Y GENI:RAL EQUAL EMPLOYMENT 0PPORTU'N1TY Executive Order 11214 ~ r3o F.P. Under and by virtue of ~he &uthori~, ves~ed in me ~s President of the United Sta~ by the Constitution and sca~utes of the United $~atess it, is ordered a.~ follows: S~-~. 101. It is the polic? of the Government; of the United'St~.t,se to provide equal opportumty/n. Federa~i emplo.vtnent; f,o..r, all quaLi/~ed persons, to prohibit discrimination /n employment, be~su_~e al reco, color, religion, sex or national origin, sad To ~rovide the [-ull realiz, a- tiaa of equal employment; opportu.nit,7 through ~, posicive, continuin~ progr~tm in each executive department, and aiz:ency. The po[icy of equal opportunit?' applies to every ~spec: at Fe~/eral employment, polic7 sad~rac~ice. Szc. 10Z The he~d of each executive depsrtmen~ sad s~encv droll est~tish and maintain a positive pro,rem of e~u~l emplovr~em: tunit;y for all civilian employees and, .pplice. n cs/or empio'..--menS; within hi.~ ,~,ri.-dicfion in a~oraa~c.~, with ',he volley set; forth L~ ~ectnin 101. Sac. 103. The Civil Servi.e Cormnissfon she. il supervise !ncr provtae le~ierahip and. guide, nco in the condu~ of ee,.t~l employment; onp~.r- tunity programs for the civilian employees bf sad sauiication's ,or emp!olrmsu~ within the executive deo~-~men~s sad s~hbiea and th~ll mv}.e? e.~enc? pro~rsm ~ccompiish'men~s periodicsil7. /'~.illtate.the. ~chievement; of a model pro~/or equal em.oto.vm~t 0pportu .m. ~ tn the Federal ~mice, ~he Cornm;*sion may consult; trom time ~ tune w~.'th.such in.dividuals. __~'roups, or or~'~aiz~cions ~ m? be of. ~.s~zs~. ~ace tn ~mprov-mg the Federal pro.~am ~cl m~H~i~g the objectives of this Part. 5zc. 104. The Civil ~ervico Commission shall provide !or the prompt, fair, sad /mpurtial considerS, on of ~11 compls/nr~ ct/m/nation in Federal emplovmem: on ~l*, be.sis of rsce~ color, religion, sex or ns. finns.1 origin. P.'~-.~ures for the consider'elan at complaints sh~ll include at; les.sc one imoa~:/~i review witl-rL~ the executive meat; ar ~encv and. sh~.ll'provide /or appe&l to r. he Civil Sea'/co Sz~ 105. The Civii Set,ce Commhsioa shall iesue such regulations, orders~ sad im-':r'uc~ions ~s i~ deern.s ne~,~ ~,w sad appropriate co cazry ou~ i~ responsibilities under this Par% sad'the head of es~.h executiv~ dep~rtmen~ and aeencv shall cona~l,v with. the reS'ula~ions, order~ sad iz~troc~ions i.-~'uecI by'the Commlselon under th~ Par~. Page 8020. Append.~: CoN"n~croaa A~rn -~unc. o~'~.Ac'i'Das Szc. 9~01. The Secrsts~' of Labor shall be responsible/or the edmin- istralion of p~rtz II ad III of this Order an~ shall adopt such rules sad rs~l~ions and issue such orders as he deems n.-~ary end ap- propria~e to schieve the purposes thereof. Sz~. 202. Ezcet~ in contracts exempted in ~ccordsace with Section 204 of ~his Order, ~11 Crovernment contracting e%'eacise shell include in every Governmen~ con~rs~ {xers~itur entree mr~ the following provisions: "During the pez'/ormsace of this ConfA'sct~ the contract follow~: '(1) T~e contractor will not discrimJnaie agm. in.~ any emploTce or epplicsat for emu~oyment because of rs~e, color, re/i~ion, sex, or national[ origin. The contract, or will Lake sl~rmetive a~r~on to en~ura thai; applicsau~ ~ra employed, sad tha~ employees er~ ..Lr~. t~i during emDloymsat, without m~rd to their race, color, relic, ion, sex, or nm~cue] .origin. Such ,c,]on sh~ll include, bu= ncc he l.imit~i to the following, employment, up.e'rsding, demotion, or tra,n,s~..erI re~'uif.- men~ or recruitment ad'rertisin~; ]avo~ or termination, or o~her forms of compensecion] ancl selection fur cr~inin~, includln~ ~pp.?n, ticeship. The contractor a~Sx. es to pos~ in conspicuous pla¢~ ~v~iable ~o employees &.d &pphcar, la for ~nplo)'u~er, r~ provided b~ the conta-ac~ing oZlicer sm~ing tor~u ~ pro~isious of this uondisorimaeion ¢Isuse. ~('~) The contm~'*,.u will, Lu all solicitations or sdver~L, emento for ~ec~loyee~ plmcod b.v or on behalf of the contractor, sr~t~ tJma~ mil quall- applicanLa will recai?e consideration for emplo.~en~ without; regsrd to race, color, reF.~ion, sex, or n-'ional origia. ~(3) The contra~..~or w~ll send to each latx)r ,,-nion or of workers wir. h which he baa ~ collect, ira beA'~in'.~, agr~TAen{~ or ot. bel' contrac~ or unders~,ndi~, a no~ice, to be proviued by the a~ency cout'A-aCting m]cer, advising th. la'or umicu or wcrk~rs' represen~ci~e of the contractors' commi~raan~ under ~ec~ion "-~2 of Executive Order No. 11248 of Sep~emher ~4, 1965, end ,~hall [x~sc co~ies of the notice in conspicuous ptacas ~?~ilaMe to employeaa sad lpp'liaa~ for employ- a(4) The con.tin, c?? will c~mpl? wit. b Ill provisicus of Ezecu~iw Order Ho. IlI?~6 of ~e.~t~.. bet 24, 19,65, and of the roles, r~guls~ou~, sad rele~nt orderm of the ~ecrsr~r~ o~ Lab~r. a(~) The Ochers, or will ~urnish ~{l information sad report~ ro- qulred bl~ Executive Order .N'o. 11246 of Sepf~r,'iber'24t 1965, azAd by ~he rules, rsgulaiions, and orders of the ~ecrscary of Labors or pursu .an~ thereto, Aad will permie access ~o his books, rscord~, sad ~cccunr~ ~y .the conU-~.ing ,e.nc. cud ~Ae Seer~ry of L~or for purpoem of ~l~gat, iau to ~ compliance wi~h suclm r-{,~, r~,ulaAio~, sad PAge 2 . ' 8020.1 Appendix ! '~(6) In the even~; of ~e contractor's noncompliancs wish the non- discrimination clau~es of this contract or with ~v of such ~1~, lafio~, or o~e~, this contrac~ may be cancelle~, ~ina~ or sus- pend~ ~n whole oe in pat~ :md the cont~ctor m~v ~ d~lar~ ineli- gible for further G,~'erument cnntr:tcts m accordance with procedures · uthoriz~d in Executive Order ~'o. 11946 of September ~4. 1965, and such other sanctimm nmv be impos~ and ~medi~ invoked ~s pro~d~ in Ex~utive Order ~'o: ~1!46 of September ~, 1965. or b~ rule, l~tion, or order of ~e See~l~ry oi La~r, or ~ oche~ by ]~w. '~(T) T~ contractor will include the provisions of Para~p~ (i) though (~) in eveQ- su~onrrnct or pu~h~ order unle~ exemp~ by ~1~ ~ulations. or o~e~ of th~ ~ec~tarv of Labor iisu~ put- ,ant w S~tion ~ of Executive Order'l{o. f12i6 of Seotember 19~, m fha: such provisions ~tl ~e bindin~ upon ~azh or vendor. The ~ntr:cWt will t~ke such ~ction ~rh respect ~ any ~ontr~g or pureha~ order as the contacting agency may divot · m~ns of eni~rcina such p~visions includin~ s~nc~iohs fo~ non~m- pli~nce: F,~.ided. ,~owei'~. Thor in the ~venc the cont~ctor b~om~ involv~ in~ or is ~hreatened with. Ikig~tion wkh a iubcon:rac~r v~ndor ~ a r~uk of such diction by the contraccina ~ncv ~nt~v may re~ue~ the linked 5tatel ~ enter iow ~ch iiig~ion prnrec: Ihe in~e~{/of the United Szc. !03. (~) Each conr~cWr hnvina · contrac~ cov. t~inin~ rh~ visions p~cdbed in Section 9~2 shMl-fiI~ ~nd sh~ll c~u~ e~ch oi his suk~ntr~c~ to file. Compliance Re~o~s with the conrr~cdne a~ncv or ~he 5~ ?f ~abov m m~y ~e di~t~. Compli~n~'R~po~ sh~ll ~ il~ wttlun such tim~ and shall contain ~ch info.orion to th~ 9r~c~ ~;llai~, p~m~, sod ~m~tovmen~ oolici~ ~s, ~nd employmen~ ~ati~i~ oi the ~:~a~o: ~d ~h ¢ont~or, ~d shall be m such fo~, ~ ~e ~ of Liar may p~ribe. (b) Bidde~ or p~tive ~nt~cto~ or ~n~ mir ~ui~d to state whether they h~ve pa~i~gl~d in ~v v~o~s t~ sub~t ~ the p~vision~ of this O~er, or ~ny pr~Mina simil~ Ez~acive o~er, sod in th~ even~ to mbmi~ on behalf of L~em~lv~ ~d their p~p~ su~nc~c~ Com~liin~ Repo~ p~or ~ or ~ initial pa~ of ~heir bid or ne~ciation bt a conch:, ~e} Whenever the con--or or m~nt~Cor h~ a ~ll~tiv~ b~- ~mng l~menr or ocher ~nt~cr or unde~nding wir~ ~ umon ov ~ ~ncv ~te~ng worke~ or pmvi6in~ or · p~n~ip or t~ining for tach work~, the ~piiance sh~ll include m~ into~rion ~s to tach last union's or pr~ti~ ~d ~liei~ iffecting compii~cs ~ the ~reca~ m~y p~nbe: ~t~ded, That ~ the e~ent such intonation is with~ ~ ~clu~ve ~sion oi I lair ~nion or ~n ~ncy ~femng work- ~ or p~dlng or iu~i~ne ~pprenci~hip or ,t~ini~ and Is~r u~on or ~ncv shall ~ ~ ~mish ~ch lnio~ation ~o ~t~tor, the ~nt~tor sh~ll ~ ¢enitv ~ ~e eont~eti~ ~ncv p~ ot i~ Compliinee Repo~ ~nd sh~l ~ forth wh~t effo~a Pag~ 3 8020 1 Append.ix 1 (d) The contracting age,icy or ~e Secmt~ry.. of r~bor may di~ ~ ~y bidder or p~ve ~nt~r or sub~nt~c~r sh~ll su~ ~ ~ p~ of his ~mpli~ Re~ · ~a~men~ i~ ~ting, s~ by an autho~ o~r or ~n~ on ~h~lf of ~ny l~r union or~y ~ncv m~r~ng workem or pmvidi~ or su~r~fising ~ppcentic~hip or o~er tmin~g, wi~ which :he bihder or pms~:ive con:mc~r ded~ with ~p~ing i~fo~don, to ~he eff~ ~h~ the p~tic~ and ~iici~ do no~ di~rimlnatz on the ~unds of ~e, color, reli~on, sex or national origi,, and th~ the siffner either will a~a- tiveIy ~pemte in :he impl~men~tion of ~he ~licy and pmvisio~ this o~er or thm: i~ con~nts and ~ ~t ~itm~n~ emplo)~ent, ~d ~e ~ms ~d ~ndkions of e~ploymen~ un,er :he p~po~ eon- tract shall ~ in a~o~ance with the purpo~s ~d provisions of the o~er. In the event t~t ~e union, or the a~ncv shmll ~ ~ ex~u~ va~ · ~atemen~ the ~mv~ian~ Re~ ~h~ll'~ ee~ ~d se~ fe~h w~ effo~ h~'e ~n m~dz to ~u~ such ~ ~atemen~ ~d tach ~di- S~ 2~. The S~ of ~r m~v, when he d~ms ~h~t ci~umzmnc~ in ~he n~i6nzl mte~ so'~uim, exempt a contacting a~ncy f~m the ~ui~men~ of ~cluding ~ny or ~1 of ~hz pmvision~ o~ S~fion 202 of ~his O~er in ~nv s~]~c contr~c~ su~ontr~, or pu~h~ o~er. The S~ o~ ~r mzy, by role or ~on, ~ exemp~ ~ff~m cl~ oi cont~ts, ~ontmc~ or put- ch~ ordem ~ 1 ) whoever wo~ iz m ~ or h~ b~n ~r~o~ outside · z United ~ta~ ~d no mcmkment of wo~em'~in ~e limim ot ~hz Uai~ ~ ~ involved; (~) for ~da~ ~e~ial pli~ or mw m~z; (3) invol~ng le~ tha~ s~ amountz money or s~5~ num~m of work~; or (4).m the e~en~ th~ they m~ ~lzo provide, by role, ~gul~ion. or order, for the exemotion of /~flities of a ~m~tor which a~ ~ ~il ~s~ ~par~ aha di~in~ ~om ~fi~ of tbs cont~tor ~l~d to :hz ~orm~nce of ~e ~nt~t: P~'~e& ~na~ tach ~ exemption ~11 ~oc ~ or ~e ~e e~ecm~ion of the pu~o~ of ~his O~er: ~ed/vr~, Tha~ in the ab~ of tach ~ exemption all f~cili- ~ s~ ~ cove~ by ~e p~visions oI ~is ~er. for ob~inin~ compliance with ~he ~ ~lacions. and'o~e~ of the ~ of Lair ~ ~s~ ~ ~nc~ enC~ ~ by tach · s ml~ of ~he ~ta~ of ~r in d~cha~ng their ~ ~d o~em~ w,th thz ~ of ~s Order lad o~ ~ ~m O~er. They ~m di~ted to c~oe~ with ~hz S~mtary ~r ind to f{mish th~ ~ec~ta~ of ~or ~ch ~to~o~ Page 4 A?? endix ! s.,non~ she agency's pe~onnel, c~mpli~nce otters. I~ sMll ~ the du~y of such o~ce~ ~o ~ek compliance wkh ~he ob~tiv~ of t~. Order bv ~nfe~n~, conciii~ion, mediation, or penn.on. . Sz~ ~. (~) The Secm~i L~bor may inv~i~m ~he employ- men~ p~i~s of any Govem~en~ conC~ctor or su~Sn~or, or ini- ~ism ~ inv~i~uon by ~he ~ppmp~am contracting ~ncv~o de- ~ine whether or no~ ~e ~ntr~ual p~visio~ ~ifi~d i~ec~ion 2~ of this O~er h~ve ~en violated, auch inv~i~cion sh~ll conduc~ in ~ord~nce with the procedums ~tablished by ~he ~- ~ of Lair and the invesri~ing a~ncy shall m~ ~ the m~ of r~r any <tion taken or m~mmend~. (b) The S~m~a~ of Labor may r<~ive and inve~.~ or to ~ inv~ti~ Mmolzints by e~plov~s or prospy?ve emplo~ o$ · Oovemmen~ contr&ctor or/~onc~ct~r which ak,~ discrim~na- Uon ~nt~ m the ~nt~tusl omvisions s~ified in S~tion of this O~ir. If chis investigation is conducted for the of ~r by ~ contmctina aa~ncv, that a6~ncy shall mpo~ to ~e S~m~' wha~ action h~ t~en or is ~ommend~ wi~ m~d . to mch ~mptaint~. S~c. ~0~. The Sec~. of Lair shall ~ his ~ ~ffo~, di~iv ~d through cont~c~in~ a~ncie~ other inr~ed Federal State ina 1~1 a~ncie~ ~nC~to~, ~d ~i o~her ~v~ l~le nst~mentalki~ ~u~ lny l~r t~on en~ in work under Govemmen~ cont~ or shy a~ncy refemna w.~Re~ or providine or supervisin~ app--- tic.hip or tminine for 7r ~n the chute of s"ch work to c~pe~ in ~e :mplementa~ion of the pur~s of this Ord.. ~e Secmt=~ of La~r stxail, in appropriate ~, noti~ the ~oual Emolo~en~ pna~ Fed~l sgenc~ whenever i~ h~ m~n ~ ~lieve ~u~ o~ any such lair or~niz~tion or a~n~ violllt Tkle VI or ~kle ~I of ~lle Ch'il Ri~h~s .~ of 196t or ocher pm~sion S~. ~08. (~) ~e S~rv of La~r, or lny a~nc~, ot~r, amploy~ in the executive b~nch, ot :he Govemmen~ d~si~ated by ~le,.~l~ion, or ord? of the ~ta~, m~v ~ld such-hearin~ pu~hc or private, as the ~!eretaU, may d~m ad~i~l)le for compliance, ~zo~men~ or edu~donal pu~. (b) The Set.ti. of Lair may hold, or ~m W ~ held. heafin~ in ~ with Sanction (al of this S<tio~ prior to im~sin~, o~efine, or meommendine the iron,si:ion of ~naki~ and under this O~er. No order foe debamen~ oi any ¢onta¢tor from f~rrher Government eonrmrts under ~erion 9~(s ~ (6) ~tiall ~ :nude without affording the contractor an op~rtunity for s hearing. SEc. ~9. (a) Iff Ic~rdan~ with such ~J~ ~l~ion~ or orde~ is ~he S~r~rv of Lair may i~ue or ~do~ ~he S~a~ or ~he 8pp~p~a~e c~fl~c~in~ a~ncv m~v: {1} ~blish, o~ cau~ {0 ~'puuiish~, tM nam~ of ~nt~ umons which i~ h~ ¢oflc]uded have mmp]i~ or hive fsil~ to ~mply wi~ ~e p~visions oi this Order or of ~he ~ re~l~io~ snd o~em of ~he ~l~ o f ~r. Page I8020.1 Appen ~d/.x ! (2) Recommend to the Dep~'~ment of Justice that in c~s in whmh there is substantial or material v{bladon or the ~re~ of sub- stantial or material violation o£ th,~. contractual provisions sec fcrth in Section 0.02 of this Order, aopropria'.e ~roceedin~ be brought to enforce those provisions, including, the enjoining', within the hmita- tians of applicable law, of organizations, individuals, or groups who prevent dJ'r~.tlv or indirectly or seek to prevent; directly or inal'r~cfly compliance with the provi~ons of t%is Order. (3) Recommend to the Equal Employment Opgor~unity Commis- sion or the Dep. r~men~ of Justice thac appropma~ proceeding~ be instituted under Title %-II of the Ci~'il Rights A.ct of 1964. (4~ Recommend to the Department oi Justice tha~ criminal pro- cordings be bro~ight for the furnishing of false inform,,,adon to any con- tra~'tin~ acencv or to the ,~ecretarv of Labor ~ the case may be. (5) Can~.l. {erralnata, ~.=pend, o~1 cau~ to be cenceied, terminated, or suspended, any con'/tact, or any p~r~ion or porclo.,~ thereol, /or failure of.the contra~or or subcontractor to comply with the non- discria~ina.ion provisions of the con:.--,.ct. Con,recta may b~ cancelled~ ~nninated., or suspended absolutely or continuance of coucraots may be condkioned uvon a prc=-ram for /utura compliance approved by the conl:racting .-~ency. · (6) Pro,de ti{ac any contracting agency shall refrain from enU~r- mg {nfo fur:her contract, or e.~ensmns or other modifications of axas~mg contracts, with a~ny noncomplying contractor, until such con- tractor has satisiied the ~ecre~ar~ oi Labor tha~ such contractor has e~ablis,%d and will earr7 ou~ p~rsonnal, aad employment volicies in compliance with the provisions oi'.his Oraer. (b) Under rules and regmlazior~ pr~,_ribed by the $9~t~z.r~ Labor, each contra,c, dng *g~ncy shall maze reasonable e~orts mthin a rea.~nabie dine ~h.~tlua ~ a~cur~ c,~.~. ~li~,'~c~ w.[:k ~.e provisions of ~xis Order b? m~i~oda o~ conference, concfli~ion, medi- ation, and persuasion ~'.~ore proc~dina,~ shall be in~i~uted under $ubs~ion I a) (2~ of this $ecaion. or be-fora a contr',.c~; shaJl l~ can- cried or ~erminatad in whole, or in nar: under Subsection (&) (5) this Sect~ion for failure of a contrgc:or or subcontracaor to comply with the contrar: provisions oi this Order. Sec. 210. 3.nv ccntraaing agency taking any action anthoriz,d by this Suboart, 4bather on ka own ~o~ion, or as' directed by the S~er~- tery of Labor, or under thT r'al~s sad re_emissions oi the zt~ll pro,aptly notify the ~:re~ary of such a~Aom Whenever the Secretary of Labor makes a determination ander tb3a section, he shall promp~l.b nod~ fha appropriate con, racking ~g~ncy. o~ the action recommended. The &.~enc.~v shall take such ac~on and shall rep~r~ the r~ults thereof ~ .',he becretary of L~oor within such t/me aa Secretatw shall svecd-y. Sro. 2il. If t~e $~retary shall ~e di~ct, contracting ~enciez shall no~ enter into cont.act~ with any bidder or pr.esl?c~jve contractor unlces the bidder or prosvective con~ractor has satisfactorily comolied with the provisions of thxs O' - rder or submits a p_?gram for compliance acceptable to the SeoreZary of I~bor or, i~ the ~cre~ary ~ authorizes, to the contractine agency. Sec. 212. Whenever a contracting e_a,~ncy cancels or terminate~ contract, or whenever ·cont. recfor has been debarr~ from fur':her Pa~ ~ : 8020. ! Appendix C~vernment contract.% uader Section fl09(a) (6) becaus~ of noncom- pile.nco with the contra~t provisions with regard to nondiscrimination. the Secre~ry of L~r. or the con~ractin~ a~nc7 involved, shall promptly nor. if-y the Comptroller C-eneral o~f th~ United S~..4_ny such debarment may be rescinded by the .~ecre~-y of Labor or by the contracting ~ency which imlmsed the s~nction. $~c. 913. The Secrets. fy of Labor mayprovide for ismance of a Unfed Statues ~vemmen~ Ce~cs~ of ~fe~ to employem or l~r ~o~, o~ other ~nci~ w~ch s~ or ma7 ~f~r be enraged wo~ ~der ~men~ con~c~, ~f the Sec~ is ~i~e~ ths~ the ~nnel and employment p~a~i~ ~f the emplpyer, or th~ the ~r~o~el. ~in~g. ~po~nt:cesmp. memphis. ~n~on. up.ding( and other n~c~i~ and p~iici~ ~ion or o~er a~ncy ~nfom ~ the purpo~ ~d O~er. Sa. ilt. ~ny Ca~i~e of ller!~ may ~t lny t~e.M ~nd~ or ~vok~ oy the ~ecm~ of Lair ii the holder ~nemoi, ~ the judg~nc of tim S~m~, h~ fafl~ ~ ~mpl7 wi~ ~ pro~io~ of ~ O~er. Szc. 911 ~e Sec~ts~ of ~r may provide for the ~emption of ~ny mplover, laMr ~ion, or other s~ncv ~om Shy ~ui~enm impo~ ~der or pursuant co ~ O~er ii su~ em- ployer, Ia~r ~on, or other ~ncy h~ ~n lw*rd~ of !leNt wMch ~ not ~ ~pend~ or mvok~ S~o. 301. E~ch esecu~ive department and a~ency which a pm~m invol~ng Federal ~nancial a~t~ shall ~m ~ndiuon for ~e aoproval of any ~n~ ~ncracL loan, ~. or ~ar~t~ ~d%r. which ma~ involve ~ ~t~ction ~ntm~, ~e apphc~t for F~e~l ~n~ unde~e ~d a~ to ~co~ rat% or ~u~ m ~ inco~, into all co~c~c~inn contm~ pdd for m whole or ~ oa~ wtth ~ obtain~ ~om :he F~e~ ~vem- m~ or ~w~n ~e c~iC of the Fede~l ~en~ pu~ ~ ~y Fede~ pm~ involving such ~nt, con~c~ loa~ ~n~ or ~, the ~ro~sio~ pr~b~ for Gove~en~ ~n~ by S~ton I03 of t~ O~er or tach ~diica~iou the~I, · ~e~g m ~b~nce t~ contract,s obli~ions themund*r, M a~p~ ~ the S~mta~ of ~r. ~ther with su& addkion~l ~t ~ m~ of the E m~ Stat~ m ~s e~o~ment oi th~ ~:iona E~h such applican~ shall a~ undena~ ~d s~ (1) ~ and ~te ~ivelv with the ~ering depa~ent or s~ncy ~d ~ a.~r~ of L~r in obtaimng the comph~ of cou- t~o~ ~d m~ont~c~ ~h th~ con~ pr~vis~o~ and ~s ~ m~azio~ ~d ~levant o~e~ ot the ~m~s~, .(2) to 8020.1 Appsn~i~~ to the Secretary of L~bor such information as they may require for the supervision of such compliance, (3)- to carry, oat sanctions penak~es ~or violation of z,~ci~ obligations imposed upon contrrtdtors and subcontractors by the ~ecretary o~ Labor or the administering deparUnent or agency pu~uant to P~rt II, Subpart D, of this Order, anti (4) to r~frain ~om entering into any contract: subject: to Order, or ex~nsion or other modification ~f such a contract with cont, ractor deoarred from Government, contrac~ undo Par~ II, Sub- pa~ D, of this Or6er. ~zc. 302. (a) "Construct. ion contruct? as ~ti in this Order me~ns any con~rm~ for the constructions, rehabili~t~ion, ai~eration? conver- sion, extension, or repa~ of builam~, highw~y~ oc other improve- (b) The p~v~wns o~ P~ II of this Order sh~ll apply ~o such co~ction conrt~c~ ~nd ~or purpo~s of such apMlicau'on the reinsuring deoa~menr or m~ncy shall ~ considered ~h~ contracting a~ncy ~far~ ro ~herein. · (c~ The ~ "~pplicmn~" as us~ in ~is Order means an for Federal ~is~ance or, ~ determin~ by ag=ncr repletion. p~ p~icioant, with r~p~t ~ whdm ~n ~plic~rion for ~nt, contract, roan, ~ur~n~. or ~armn~ is not ~nally ~c~ upon p~or to the effective ~are of this Part, ~nd ir includes such apolicmnC after he ~com~ a ~ipien~ of such Federal ~is~ance. ~ g03. (m) Each ~ini~nng dep~en~ an~ agen~ ~ ~ponsible for obtaining the compliance of such apph'can~, wkh i~ir unde~kin~ und~ rh~ Order. Each ad~inis~ring depa~- men~ and ~ncv m d~csed to coope~:e wi~h the ~tary of Labor, and ~ ~ish'the ~ry ~ch ~fo~arion and ~mtmn~ ~ he may ~ui~ in the pe~forman~ of his functions under this Order. (b) In the event an .~plicnn: fails and ~fus~ to comply with his ~de~akin~ the a~m~ering department or a~ncy may t~ke any or all of ~e folIowin~ actions: (1) c~ncal~ te~na~ or sus~d whole or in pa~ the ~emenL contact, or other arran~ment wi~h such appli~nc with resp~ ~o Which the failure ~d ~fusal ~curre~; (R) ~f~ f~m ~x:ending any fu~her ~is~t~ ~ ~m appiicmn~ ~r ~e p~g~.wi~ r~ ~ w~ch ~e fmilu~ or ~ar~ until sarisfmcto~ a~u~n~ of futu~ compliance h~ b~n ~ved f~m ~ch ~ppii~ant; and,(3) ~ter ~e c~ to ~e Dep~- m~ of J~ice for zoproo~a~e leg~ (~) ~y ~ion wi~h r~pm~ ~ an ~ppli~z pu~uanr m S~bs~tion (b) ~1 ~ taken in ~nfomkv with M~ion 602 of the Civil Righm Ac~ of 1~ ~and ~Le re~alario~ of t],e ~inisrecin~ depa~menr or a~ncy ~ ~%r~der), ~ ~e extent appli~le. In no c~ ~all ~on ~ t~en with r~p~t ~o an ap~li~ pumuant m ~au~ or (~) oi Su~tioa (b) wkhout no,ice ~d open,iCy for h~ring ~o~ ~e ~is~ring depa~ment or ~ncy. Szc. 3~ Any executive dep~menr or a~nev which im~ by ~ ~iation, or o~er ~qm~m~m of nond~rimination in ~- ploymen~ o~ ~ha~ ~uiremenrs m~ pum~r m rh~ Order, ~y d~le~te ~ ~e ~re~ oi ~bor by %~m~t such 8020.1 Appeno2.x 1 would tend to bring the a~ministr~tion of such. rec~uiremcnts into corp fortuity with the ~imiais~ration of requiremenm ~mposed u.n.der th. is Order: Pro',d. ded, That. actions to effect compliance by rac:p~ents o£ Feder'al financial ~.ssist&nce with requirements impesed pursuant to Title VI of the Civil Bights Act of 1964 shall be taken in conformity with the procedures sadlirnicatiom prescribed in Section 60'2 thc'eof and the regulations of the edminis~ering department or agency issued thereunder. P~arr I¥--~,fmcz~.z.~szovs Sz~. 401. The Secrc~ry of Labor may delegate to say'o~cer, agency~ or emptovee ia the Executive branch'ot} the Government, anT function or duty df the Secrctsxy under P~rm II and III of this Oruer, except authority to pro~ulg~e rules and regulations ota ~neral nature. Ssc. '-I09. The ~ecre~rT of L~bor shall provide adminimrative sup- ~ort for the execution of the prot'ram known ~ ~ha "Plans for Szc.!03. (a) Executive Order~ N'os. ~0590 (Jenusr'y 19, 19~), 10791l (~ut,mst. ~, 1957), 109'25 (~farch 6, 1961.), 1111t (.rune '2~ 196~), and llloll (July 95, ~964), are hereby superseded sad the Pr~ident's Commig~e on Equal Employment Opportuni~7 established by ecutive Order ,N'o. 10~'2~ is hereby abolished. All records and proper~y in the cusUxly of the Committee shall be ~ransferred to the Ci,~il ~ervice Commission and the Secrerar~ of Labor, as appropria~ (b) ~orhin~ in r~is Order shall be deemed ro relieve any person of any obligation szsumed or imposed under or pursuant, to an7 tire Or,let sunev,oeded by this Order..4.11 rules, regulation, s, orde~ instxuc~ions, designa_~ions, and other directives issued by ,he PresS- dent*s Committes on r~qu,al Ernplaymem Oppormnk7 and those issued by the heads of various ~p~rtniln~ or i~:anai= und.'r ~r F.'rs'.a'-nr tv say of the Executive orders superseded by this Order, snail, ~o the extent that they am not incensis£ent with ~his Order, remain in full force and effect unle~ and until revoked, or superseded by sa~ropriat, e sathoritv. References in such dircctives ~o provisions of 'the super- s~ded o~ers sh~ll be deemed to he references tn the comparable provi- sions of chis Order. $~c. 404. The General Services Administration shall t~ke sppmpri- at~ action to revise the s~andsrd Government. contract; forms tn accord with the provisions of this Order sad of the rules sad re~uls~ions of the ~-crctary of Labor. -qzc~ tO~. This Order ~ become e~ectiv~ tkirt.y d~ys after the date of this Order. Lrm~o~ B. ~ Wm-rz Ho~s~ Page 9 8020.1 A~enc~x 1 COORDINATION BY ATTOILNEY GE~ERAL Executive Order i~7 ~%'h~ns the Deo.' ~men~ and a~nci~ of the F~e~ Gove~men~ ~ve adopted uni/2~nu ~nd consistent m~lations lmolementin~ Tkle ~ of the C~vil ~hts Act of 1964 and, ~n ~9~tion wlth the President's Council on Eaual Opportunity. have embarked on ~o~ina~d p~m of enz~ement of the'provisions of ~at Title ~Vhe~as the ~ssues he.after a~n~ n conn~tion with nation of the activities of the depa~men~ ~nd n~ncies under Title will be p~dominandy ~e~l in cha~r and in many c~ ~11 ~ relat~ to judicial enforcement: and ~ere2s the Attorney ~ne~l is the chief law o~csr of ~e Government and is chlr~d w~(~ the du~y of enfo~lnE ~e laws of ~e United ~t~: h'ow, the~fom, by ~ue of the ~.thority v~t~ in me as P~ident of the United Sta:es bv the Consthution and la~ of ~a United S~t~, it is o~emd as follows: ~ox 1. The Atto~ey Gene~l sh~l a~i~ F~I dep~en~ ~d .a~ncies to c~rdin~te their pmmms and ~t~viti~ and adopt consistent and unifo~ solicie~, p~ctices, and ~ur~ with ~c: to the enfo~ement of Title % I of the Civil R~hts Act of 1964. Ha mai promul~te such ~la~ and ~l~tions ~ ne shall d~m to ca~' ou~ his functions undj, thi~O~er.,er ~ ~. . ~c. 2. E~ch F~e~/ depa~me..~ =n- ~nc7 sh~., c~,~ wLh ~m ~ttorney General in the ~rfo~ance ~f ~s ~n~io~ und~ ~his O~er and ~ail ~mish him ~ch re~ ~d in/o~ati~ ~ he may ~. 3. E~ive 30 days f~m ~he date pt this O~er, O~er ~o. 11197 of Feb~ 5, 1~65~ ~ ~vok~ ~u~ ~rds of P~ident% Council on Equal Oopo~unity m may ~in ~ enfo~ement of Tide ~ of ~e Ci~iIRigh~ A~ o~ ~4 ~haU ~ c~ns- fe~ to the Attorney General. S~ 4. All ~1~ re~latio~ o~e~ inst~c~o~ dmi~io~ and ~her di~tiv~ issu~ by the P~siden~'s Council on ~ud t~ity ~latin~ the imple~en~don of Title ~ of the G~vH A~ of 1~ snail ~mam m bail fore and e~ unle~ ~d until ~vok~ or mpe~ded by di~tiv~ of the Attom~' Gene~. L~s B. Joy,ms. T~ 1Y~ Hovsa Pag~ 10 DEPARTMENT OF LABOR Of'Bce of Federal Contract Complh=nce Programs NEW FORMAT FOR FEDERAL EQUAL EMPLOYMENT OPPORTUNITY BID CONDITIONS FOR FEDERAL AND FEDEP~LLY ASSISTED CO N 5"i'RU CT IQ N NOTICE -) OnAprll 3, 1175, there was published in the FEDERAL REGISTER (40 FR 14953) a notice end opportunity For camrnent concerning the inte'ntion of the Department oF Lcbor toad=pt New Model Federal EEO .~;d Cand'atlons Far ~nclus~oh in Fede~l and fede~lly assls~d const~ctlon contrac~ a~ subcontracts ~n ~Jected ~¢s, The following Model Federal EEO Bid Conditions ore issued to carry cut the purposes of Executi~,e Order 11246, as ~e~ed. T~e M~eJ PederaJ EEO Bid Co~Jtlons changes which were made as a ~sult of comments mce~d on t~ propo~d Model Federal EEO ~id C~iHons. The comments mcei~d ~m equally d~stHbuted ~t~en those ~vorable e~ unfavorable. In ~neral those ~avomble ~elt that deletion of the Ce,{ficaHon will el;m~na~ u~ue a~ c~tly dela~ ~sulHng From contracto~ ~nd subcan- tracto~ ~ng declared nonmspons~ve ~u~ of their ~a~lum ~o ~1 ;n e FO~ T~o~ opposed to el~mi~t;on of the 8;dde~' Ce~{~catian Felt that a ~m~ carton ~s e~enHal ~n establishing the contractom' a~ subcon~cto~~ commitment m~Hve action. T}~e Deportment.has carefully considered all the comments onct has determined that the Format developed in the new Model Federal EEO Bid Conditions adequately opprlses pro- spec~e contractors and subcontractors, prior to bid opening, of the importance of the Federal affirmative action requirements and is compatible with procurement prlnclales. Under Comptroller OeneraJ opln~ans and the decislans in Northeast ConstrucHcn Company v. R¢,mney, 485 F. 2d 752 (D.C. C~r. 197~ and Rossetti Contracting' Camoany v. Brannon, 508 F. 2d 1039 (7th Cir. 1975), the Failure of a bidder to specify its goals for minority employment as required by imposed plans o, the Failure of a bidder to complete and submit a Bidder' CertificaHon Farm es required by the 81d Conditions ~n hometown plan areas requires the contractlng agency ta declare the bid nan-responsive. This has caused the loss of hundreds of thousands of dollars because defective Iow bids were discarded in favor of the new Iow bid. The original reason Far requ;rlng the submission of a properly executed Bidders' CertiFT- cohort was that it was thought to be helpful in informing contractors of their obligations and eliminated inattentive bidders. However, it is new an oplnlan that contractors are sor~bly aware of their EEO abllgatlons sa as to obviate the need For cerHFTcctlon. ThereFor~ the amendment of the Bid Candltlans would cJiminate the signc, ture and F~ll.-;n-tho-bJank requirements. Instead, the Federal EEO Bid Conditions clearly naHFy ~rospectlve b~dders that they will be c~mmltted i'o the goals c~ntalned therein by submitting a p~operly signed bid. This amendment does not diminish the goverment's enforcement ability or apptlcoble Et:0 requirements yet permiH cont~cting agencies to award contracts to the lowest respomive and responsible bidder. It ;s For this reason that the new Model Federal EEO Bid Coad;tlons make the air, Firmatlve action requirements binding on all bidders who submit signed bids. Accordlngly, efFactlve September I, 1976, all c=ntractlng and administering agencies are directed to adopt the new Model. Federal E.~O-Bid Conditions Far inclusion in all Futura invli'ations For bids on non-exempt Federal and ~ederelly assisted canst~ctlon contracts and subcontracts awarded in areas covered by hometown plans (Pan' I) and Part II EEO requirements. Further, all other Farms oF Fed, roi EEO Bid Candltlons cantolnlng Hometown plans and Part Il F.~:O Bid Condition reclulmments now in use Far such areas are not to be ~n- clucled ~n lnv~totions For Bid after adoption oF the new Model Federal EEO Bid Con- THis r~ew Format has been coordinated through the OFF, ce of Federal Procurement Policy of the Off'ce of' Management and Budget in accordance with P.L. the (Df'~e o~ Federal Procurement Pallcy Act. Set Foreh below ore the new Model Federal EEO 8~d C~ndltlons: BID CONDITIONS AFFIRMATI~q~ ACTION REQUI~MENTS EQUAL EMPLOYMENT OPPORTUNITY For all Nan-~xempt Federal and Federally- (NASSAU AND SUFFOLK COUNTIES, NEW YO~K) NOTICE EACH BIDDER, CONTRACTOR OR SUBCONTRACTOR (HEREINAFTER THE CON- T.~,ACTOR) MUST FULLY COMPLY WITH EITHER PART I OR PART II, AS APPLICABLE, OF THESE BID CONDITIONS AS TO EACH CONSTRUCTION TRADE IT INTENDS TO USE ON THIS CONSTRUCTION CONTRACT AND ALL OTHER CONSTRUCTION WORK (BOTH FEDERAL AND NON-4:EDERAL) IN THE NASSAU - SUFFOLK AREA DURING THE FERFORMANCE OF THIS CONTRACT OR SUBCONTRACT. THE CONTRACTOR COMMITS ITSELF TO THE GOALS FOR MINORITY MANPOWE,~ UTILIZATION IN EITHER FART I OR FART II, AS APPLICASLE~ AND ALL OTHER REQUIREMENTS, TERMS AND CONDITIONS OF THESE BID CONDITIONS BY SUBMITTING A PRO- PERLY STONED BID. THE CONT.~ACTOR SHALL AFPOINT A COMPANY EXECUTIVE TO ASSUME THE RESPONSIBILITY FOR THE IMPLEMENTATION OF THE REQUlRI'.'MENTS, TERMS AND CONDITIONS OF THESE BID CONDITIONS. Part I: T~e provisions of ~hls Part I apply to contractors which ore party to oallecflve bargaining agreements with labor organlzaHons which together have c~gm~d to the NASSAU - SUFFOLK Ama Construction Program (hereinafter the NASSAU - SUFFOLI( Plan) For equal opportunity and have jointly made a commitment to specific goals oF minority end, whom applicable, Female utilization. The NASSAU - SUFFOLK Plan is c tripartite voluntary agreement between (CONTRACTORS, UNIONS, & MINORITY COM- MUNITIES. The NASSAU-SUFFOLK Plan, together with all implementing agreements that have been and may hereafter be developed pursuant thereto, am incarparcmd heroin by re F~mnce. Any contractor using one or mom trades oF construction employees must comply with e~ther Pan' I ar Part II oF these B;d,Conditlons as to each such trade. A contractor mav therefore be in compliance with Part I air these Bid Conditions by ;h participation with the labor organization which represent ~ts employees in the NASSAU-SUFFOLK Plan as )a one trade pray(dod them is set Forth in the NASSAU-SUFFOLK P)cn a specific com- mitment by bath the contractor and the labor organization to a goal oF mlnar;ty ut;li- zation .:or that tn:~le. Contractors using tn=des which am not covered by Port I (See Part Ilt Section A) must comply with the commitments contained [n Part II [natudi~.g gc~ls Far m~norltles and Female utillzatlan set Forth in Part II. IF o contractor does not comply with the requirements of these Bid Cond;tlans, it shall be subject to the provisions of Part II. Part II: A. Coverage: The provlslons of' this Port II shall be applicable to ~hose confractom who: I. Are nat or hereafter cease to be siDnatarles to the NASSAU-SUFFOLK Plan incorporated by reference in Part I hereof; 2. Am signatories Po ~he NASSAU-SUFFOLK Plan but am parties to collective bargaining agreements; 3. Am signatories to the NASSAU-SUfFOLK P~an but are parties to collectlve bargaining agmemants with labor organizations which are not or hereafter cease s~gna~or~es ~o the NASSAU-SUFFOLK Plan' 4. Are signatories ta the NASSAU-SUFFOLK Plan end are parties to collective bargaining agreements with labor organizations but the hca hove nat jointly executed a specific commiHnent to goals For minority uti{izatlon and incorporated the commit- ment in the NASSAU-SUFFOLK Plan; ar 5. Are participating in a affirmative action plan which is no longer acceptable to the Director, OFCCP, inaludlng the NASSAU-SUFFOLK P~an. 6. Are slgnatarles to the NASSAU-SUFFOLK Plan but are parties to collective barga;nlng agreements with labor organizations which together have Failed to make a good Faith effort to comply with their abllgatlans under the NASSAU-SUFFOLK Plan and, as a result, have been placed under Part II oF the Bid Conditions by the OFf;ce of Federal Contract Campi;oncn Programs. Pt. ~equlmment ~ An AFf~rmatlve Action Plan. Contracto~ ~escri~d in pal- Il Of Fhe~ Bid Cond~flom including the ~ls a~ hmef~bles tlon~ a~ s~c~c a~at~ action sMps ~t FO~ II. ~e contractor's ~mm;~ent to the goals FOr m;narity Pa~ ]1 con~i~s a catamOUnt ~at ~f w{ll ~ke e~ry ~ Folfh eFFO~ ~o ~ef such goals. 1. Goals and Timetables. The g~als oF minority utJllzatian resulted oF the can- tractor om applicable to'each trade ~sed by the contractor in the NASSAU-SUFFOLK Plan ama and which ~s not oHnerwise bound by the provisions of Port 1. ' For all such trades Hne Following goals and timetables shall be oppllcable. Goals FOr Minority Until (1/1/74) (6.0% - 8.0%) ( ) From ( ) to ( ) ( ) Fram ( Fram ( ) to ( ) ( ) 2/ TTne goals oF minority and Female ut~llzatlon above ore expressed ;n terms of hours oF training and employment as a proportion of: the total number aF hours to be worked by the contractor's aggregate worJ, c Farce, which includes all supervisory personnel, in each trade on all projects (both Federal and non-Federal) in the NASSAU-SUFFOLK Plan ama during the performance oF its contract (i.e., line period beginning with the First day oF work on the Federal or ~ederally assisted construction contract and ending with ;he last day oF work). The hours oF mlnor[i~, employmen~ and training must be substantially uniForm Hnraughout the length of the contract in each i'rade and m~neritles must be employed evenly on each of the contractor's projects. ThereFore, the transfer aF minority employees or trainees 1_/ "Minority" is defined as including Blacks, Spanish Surnamed Americ,~ns, Orientals and American Indians, and includes bath minority men and minority In the event that any work. which is subject to these ~id Conditions is per- Formed in a year later than the latest year for which goals of minority utillzotlan have been e~abllshed, the goals For the last year oF the Bid Conditions will be aopllcable to such work. Fram contractor to cont~ctor or From proiect-ta-pra[ect for the purpose of' meeting the contractorJs goals shall be a vlo|atlan of' Pc~rt II of' these Bid Ccndltlons. If' the contractor counts the nonwc~<ing heun of trainees and apprentices in meeting the contractor's goals, such trainees and apprentices must be employed by the cantractc~r during the training period; the contractor must have make ,~ commitment to employ the trainees and apprentices at the completion of their training subiect to the ava/lability of employment opportunltles~ and the trainees must be trained pursuant, to training pro- grams approved by the Bureau of' Apprenticeship and Training far "Federal Purposes" or approved as supplementing the NASSAU-SUFFOLK Plan.. 2. . Specific AFf~rmative Action Ste~s. No contractor shell be found, ta be in noncompJ~ance with ;"xecutlve O~ee 1t2~, as a~ed, ~lely on accounF o~ ~h ~ailum ~o mee~ i~ g~Js, but sha~J ~ given an op~ni~ ~ demons~a~ that the has ~d all ~e s~ci~c af~ati~ action ~eps s~ci~ed in this Pall II and has made e~ go~ FO;~ effo~ to ~ke ~e~ s~ ~ t~ t~ ~ta~n~nt of ~H ~als gmgate ~ for~ ~n t~ NASSAU-SUFFOLK Plan ama. A contrac~r sub~e~ to which ~ils to c~gly with ~H obl~gatlons u~er t~ Equal Op~unity clau~ of con,act (including Failure to ~et ~ts Fair ~am obllg~on ;F pmvlded in the NASSAU- SUFFOLK Ptcn)or ~bje~ to Pa~ 11 ~ fo~ls to achle~ iH commi~en~ to t~ ~als For mlnor{ty utillzatlcn h~ the bu~en of proving that it hm ended tn a afl,at,ye action pm~cm d~m~d at ~ncm~ing mlnori~ utillzat~an and that such offals least as exte~ive a~ ~ s~ci~c m the Following: a. T~e contractor should have not~fied' minority organlzctlans when employ- ment opportunities w~re available and should have maintained records of the organlzatlons~ response. b. The contractor should have maintained a file of the names and addresses or each minority re. ferred to it by any individual ar organization and what action was taken with respect to each sucf~ refen-ed indlvlduaif and if the individual was not employed by the contractor the reasons therefor. If such individual was sent to the union hiring hall For rotan'al and not refierred back by the union or ~f referred, not employed by the contractorf the file should have documented this and the reasons therefor. c. The contractor should ha~e promptly notified the contracting or admln- istering agency and the Offlce o~c Federal Contract Compliance Programs when the union or unions with which the contnsctor has collective bargaining agreements did not refer to the contract, ar a minority sent by the contra,'tar ar when the contractor had other infor- mation th~ the union referral process has impeded efforts to meet ~t$ goals. d. The contractor should hove disseminated i~s EEC) policy within its organization by in¢]udlng it in any employee handbook ar policy rnanuol; by publlc, lzlng it in com- pony ~ a~ annual ~rf~, a~ by ~rtls~ng suc~ policy ~t reasonable inte~is ~n un,on pubH~t~ans. ~e EEO ~l~cy should ~ ~Hher d~s~m~nated by conducting staff meetings Po explain a~ dTscu~ t~ ~l;cy; by postfng of the policy: and by ~vlew ~he ~l~cy w~th mlnori~ employes. e. T'ne contractor should have c~isseminated i~s EEC} policy externally by ~nforming and d~s~uss~ng ~ w~th all ~c~i~ent sour~s; by ad~slng caJJy ~nclud~ng m~nor~ty ~ws med~a a~ by not~ing a~ discussing ~ wi~h all ~bcon- T~ne contractor should have mode both speclf~c and reasor~bly .recurrent w~itten ar~l oral recruitment efforts. Such effort~ should hov~ been cllmcted at minority or~an-- izations, schools with substantial minority enrollment, and minority mcruitment and tralnin~ organizations within the contractor's rec~.Htment area. g. The contractor should have evidence available For inspection that ~ll tests and other selection ~echniques used ta select Dom among candiates For him, transfer, .arama- tlan~ Frainlng or r~tentlon ore being used in a manner .~hat does not violate the OFCCP Testing Guidelines in 41 CF~ Part cS0-3. h. The contractor where reasonable should have developed on-the-ich training opportunities and pafflclpated and assisted in all Department of Labor Funded and/or approved training programs relevant to the controctorJs employee needs consistent w~th its abllgotlons under this Part I1. The contractor should have made sum that s*nlority practices and iab class- do not hc~ve a discriminatory effect. [. The contractor should have made ceff~an that all Facilities were not segregated by race. k, The contractor should have continually monitored all personnel activities to ensure that its EEO policy was being can-led out incJuding the evaluation of minority employees For promotional opportunities on quarterly b~sis and the encouragement of such employees to seek those opportunities. 1. The contractor should have solicited bids For subcontractors Fram available minority subcontracts engaged in the hades covered by these Bid Conditions, including circulation of minority contractor associations. NOTE: THe Assistant I~glanal Administrator of the ~fF~ce aF Federal Contract Comp i~ance Programs .and the compliance og'~ncy staff will provide ~echnlcal assistance an questions pertaining to mlnarity mc~'uitment sources~ minority community organizations and minarli'y news media upon rec.'ipt of a request For assistance From o contractor. 3. Subseouent Signatory to the NASSAU-SUFPOLK Plan, Controatars that om ' subject to the requlmments of Part II at the time of the" submission of their bids which, together with labor organizations with which they have collective borgalning agreements, subsequently became signatory to fha NASSAU-SUFFOLK Plan, either individually or through an ossoc~atlan~ will be deemed bound to their commitments to the NASSAU- SUFFOLK Plan From that time until and unless they once again become subject to the mquimments of Part 11 pursuant to Section A. I--6. 4. Non-dlscrlmlnatlan.. In no event may a contractor utilize the goals and affirmative action steps required by this Part 11 in such o manner as to cause ar result in discrimination against any person on account of racet color, religion, sex ar notlanol arlgln. Part Ill: Comalionce and Enforcement. In all cases, the compliance of a contractor will be ~d~t~rmined in accordance with its =bH~tlens u~er the ~ms of these Bid Conditlo~. T~mfom, contracfo~ who am ~rned by ~ provisions of e(ther Part I or P=~ II shall ~ sub~ect to t~ mquim~nts of that Part regardless of the obligations of ;ts pr~ contractor or lair tier subcontractom, All contractors per'Forming or to perform wo~ an proiects subject to these Bid Con- dltlons hereby agree to inform their ~,bcontractars ~n writing of their res~ectlve obHga- tlons under the terms and requirements of these Bid Conditions, ~ncJudlng the provisions relating ta goals of minority employment and training. A. Contractors S.u.b(ect to Part I. I o A cantraator covered by Part I of these Bid Conditions shall be in compllonc~ with Executive Order 11246, as amended~ fha implementing regulations and its obllgctlons under Part I, provided the contractor together with the labor organization or arganlzatlan~ with which it has a collective bargaining agreement meet the goals fi~r minority utillza- tion to which they cammltted themselves solely re~ons~ble Far any Final determination that question and the consequences thereof. 3. Where OFCCP finds that a contractor has Failed to comply with the requirements of the NASSAU-SUFFOLK Plan and its obligations under Part I of these Bid Conditions, ii' shall take such action and/or Imp¢~.~ such sanctions cs m~y ~ appropriate under the Executi~ O~er a~ frs m~lat~ons. W~n the OFCCP pro~eds with such Fo~al cohort ;f has fha bu~en of proving that the contractor has nat ~t mqulmmen~ of f~ B~d Condff~ons. ~e Failure of the contro~or fo comply with its obligations under the Equal Oppo~unlty clause shall shift fo it the mquimme~ to co~ to--rd with evidence to show that if has me~ f~ ~ faffh mqulmments, o{ these Bid Canal;Hans,by ~n~ffu flng at least the spec~c offi~ati~ a~on s~ps listed m Port II, ~cHon 2. /he contractor must a~so provide evidence of frs ~eps towa~ the attainment of frs tree's goals w~th~n the tlmetcbles set fa~h ~n the NASSAU-S~FF~LK Plan. T~e ~ndency ~F such Fo~a~ proceedln~s shall be token into consZderatlan by Federal agencies ~n deter~nlnlng whether such contractor con comply wlth the requirements of Executive Order 11246, as amended~ as is therefore a "responsible prospective contractor" within the meaning of b~ic pr~nclples of Fedeal procurement law. B. Contractors Subiect to Part II . In rego~ to Part II of these B~d Condltians, ~F the contractor meets the goals in the NASSAU-SUFFOLK PIcn, or can demonstrate that e,~e~, goad Faith effort has been make to meet the goal. In that event, no ?ormoJ sanctions or pmceedlngs leading to,rd sanctions shall be ~nstltuted unless the Offce of Federal Contract Compllcnc~ Programs dete~'nlnes that the contractor has violated a substantial requirement '~n the NASSAU-SUFFOLK Ptan or Executive Order ]1246, as amended, and its implemenHng regulatlanst including the failure of such contractor to make a good faith effort to meet iH fair share obllgoHon if provided in the NASSAU- SUFFOLK P~cn or has engaged in unlawful dlscrlmlnat~an. Such violations shall be deemed to be noncompliance with the Equal Opportunity clause of the contract, cod shall be ~unds for opposition of the scantlons and penclties for in Executive Order 112'~6, as amended. 2. T~e OFCCP shall review Part I canh'octors' employ~ent proctlces during the performance of' the contract. Purther, OFCCP shah be solely respanslb[e ~or an7 ~at[~ action pro~ram ~ the con~q~nces themo~. ~e OFCCP may, upon ~- view a~ notice to the contractor aP~ any af~cted labor o~an[~at[on, dete~[~ that t~ NASSAU-SUFFOLK Plan no loner ~p~nts effective af~atlve In that e~nt ~t shall ~ set ~offh therein or can de~nstrate that it has m~e e~ g~ Fa/th ef~a~ to meet t~ese goa[s~ the contractor shah ~ presumed to ~ in com- pJian~ with Execut[~ O~er 112~, as ~me~ed, the implementing mgu[ations end ob]?got~ons under P~ 1] of the~ Bid Canal[Hans. In that e~nt, no ~o~a] sanctions or pmceed[n~ leading ta~ sanctions shah be [n~ituted un]e~ the contracting or admin~s~r[ng a~ncy ot~[~ ~ete~[~s that the ~ntractor ~s v[oiat[ng the Oppo~n[~ c[au~. Where the agency finds that the contractor Failed to comply svith the require- ments of Executive Order 11246, as amended, the imp[ementlng regu[atlons end the obligations under Port ][ of' these Bid Candltlons~ the agency shall take such actlan and impose such s~nctlans~ which include suspenslan, ~erminatlan, conaellat[on, and debarment, as may be appraprlote under the Executive Order and its regulations. When the agency proceeds w~th such ~arma[ action it has the burden of' proving that the contractor has nat met the .qoals c~ntalned in Part Il of' these Bid Conditions. The contractor's failure to meet its goals shall shift to it the requirement to come forward with evidence to show that it has met the good faith requirements af these Bid Candltlons by instituting at least the specific action steps listed in Part Ii, Section 2. T~e pendency of suc~ proceeding shall be taken into consideration by Federal agencies in determining whether such contractor can corn~/y with the requ[rement,~ o~ Executive Order 11246~ os amended, and is therefore sibje prospective contractor" within the meaning of the ~slc prlnclp]es of Pede~a] procurement law. C. OblT~."tlons Apallcable to C,~ntracton Subject to Either Part I or Part shall ~ na ex~ t~t ~e union with which the contractor has a c~lle~t{~ ~ gaining agreement providing Fo~ exclusive ~rtaJ ~ailed to ~er m~noHty employes. OJs~imJnatJan Jn ~t~J ~t empJo~nt~ even J~ pu~uant to provisions of a bargaining a~ement,~s prohibi~d by the ~ationeJ L~r ~JatJons Act, as amended, ~ Title VII of the C~vli R~ghts Act of 19~, as a~ed. It [s t~ policy o~ O~ o~ Federal ~n~act C~mpJ~an~ P~g~ms that ~an~acto~ ha~ a ~spons~bJJJty provide equal empJa~nt op~n~ty ~F they wJ~ to pa~Jc~te ~n ~demJly Jn- t~fr emplo~ent proctors to a labor organizat~on a~, as a result, am pmven~d ~etfng their ~llgatiam ~muant to Execut{veO~er I'12~, as a~nded, such contractom can,t ~ camJdemd to ~ ~n compliance with E~cuti~ O~er I12~, as a~ed, ;mplementing roles a~ m~laHons. Part IV: General P~eclulrements. Contractor~ are responsible ~r their ~bcantmct~ ~n ~Hng, mg~Je~3 of Her~ as to the~r ~ct~ ~gat~ons under Pa~ I a~ Il hereoF, as applicable. Whe~r a ~ntra~or subcontracts a port,on wo~ in any ~e ~md by t~ 81d Conditions, ~t ~all ~nclude the~ 8~d Condlt~ons ~n suc~ sub~ntracts e~ each ~b~ntractor shall ~ bou~ by ~ B~d Conditions to the ~ull ex~nt ~ ~ ~t ~m the prime contractor. The contractor shall not, hoover, be held ac~unt~le For the Failure of ~ts subcont~ctom to ~lfill their obllgat~ons u~er the~ B~d CoaSt{om. Ho~r, the pri~ contractor sh~ll gi~ noti~ to the Assistant Eeg~anal AdminiSter of the Of~ af Federal Contract Compl;ance Programs of the De~ent af L~bor a~ to the cantmcHng or ~m;n~s~rJng a~ncy of any ~saJ ~;lum of any ~bcant~ctor to ~IBII ~H obi;gat;ohs u~er t~ ~d Co,;Hans. A subcont~ct~'s Fa{lure to ~mply w~ll ~ treated ~n the same manor as such Failure by a pr{~ ~ntraetor. 2. ContraS'on hereby agree to re~raln From entering into any contract or con- tract rnedificotlon ~ubject to Ex~cutlve Order 11246, as amended, with a contractor deban'ed From, or who Ts determined nat to be a "responslbJe" bidder For Government contracts and ~edemlly-~s~isted ~nstructlon contracts pursuant to the Executive Order. 3. The ~antractor shall carry out such sanctions and penalties For violation 'oF these Bid Conditions and the Equal Opportunity c~ause including suspension, termination end c~ncellatlon of' existing subcontracts end department From ~utum contracts as may be imposed or ordered pu~uant oF Executive Order 11246, os amended, and its implementing m~uJotlons by the ~nt~'o~ing or administering o~ency and the OFfice oF Federal Contract Compliance Programs. Any contractor who Fails to carry out such sanctions and penalltes shall also be deemed to be in noncomplicane with these Bid Conditions and Executive Order 11246, as amended. 4. Nothing herein is intended to mlleve any contractor during the ~erm of its c=ntract, F~m compllanc'* with Executive Order 11246, as amended, and ~'he Et!ual Ommartunlty c~use oF i~s confnact with respect to matters not covet'ed in the NASSAU- SUFFOLK Plan or in Part II of these Bid Conditions. The procedures set Forth ;n these Bid CondlfFans shall not apply to any c~nh'act which the head of the canh'actlng or administering a~ency de~'ermlnes is ess,~ntial to the notional security and ~ts award wlthauf Following suc.~ procedures ~s necessary to the national security. Upon making such a determination, the agency head wlil notify, ~n writing, the Olmctar of the OFfice of Federal Contract Comp|i~nce P~gmms within thirty days. 6. Requests For exemptions ~rom these Bid Conditions must be made, in writing, with iustlf~¢otlan, to the Olmctor, Office of Federal Contract Compllonce Pn~grams, U.S. Depo~rment af Labor, Washington, D.C. 20210, and shall be Forwarded through and with the endorsement of the head of the cantractlng'ar administering agency. 7. Confl'ectars must keep such r~cords and file .such reports relating to the provlslans of these Bid Conditions as shall be requlmd by the contracting or cdmln- ~ster~ng a~ency ar the OFf, ce of Federal Contract CompI~ance Programs. C~APTER IV CONTRACTORS P~SPONSIBIL!TIES I. General Res~on~sibi!ities of Contractors A. General Obligations Contractors bidding on non-exempt Federally involved construction con=facts should carefully review t. he qeneral requirements relative to affirmative action and non-discrimination stipulated in the Equal Emplo.vment Opportunity (EEO) Clause and 'the Federal EEO Bic Conditions, where applicable, which incorporate the voluntary_ minority utilization plan (Hometown Plan} and/or impose minimum minority untili- zation goals and timetables on con=factors. Upon award of the Federally involved construction contract the contractor will be bound by the requirements of the EEO Clause and applicable Federal EEO Bid Conditions and must be able to demonstrate compliance with those requirements, including th~ designa- tion of a high level company official to assume the responsibility for the contractor's E~O Program. B.Notification of S~ecific Responsibilities Subsequent =o award, but prior to the initiation of constraction on a covered Federally funded or assisted contract, the prime contractor and all known subcontractors will be notified by the Federal Compliance Agency, which awards or administers the contract, of the specific reporting and record keeping requirements under the EEO Clause (See 60-1 ) and Bid Conditions (See Appendix II). -2- C. No:ification of Subcontractor Each prime contractor and subcontractor shall include by reference the EEO Clause and applicable Bid Conditions in all advertisements or other solicitations for bids, and shall include the EEO Clause and applicable Bid Conditions in all contracts. Each prime contractor and subcontractor must provide written notice to each s.ubcontractor of the specific reporting and record keeping requirements under the EEO Clause and applicable Bid Conditions. Upon award of a subcontract, each contractor shall immediately notify the Compliance Agency of the contract number, the subcontractor's name, dollar amount of contract, estimated s~art and completion dates, and the crafts which will perform work under the sub- contract. II. Ob!i~ations Under Federal ETO Bid Conditions. (See Attached'Flow Chart on CONTRACTOR OVERVIEWS) A. Hometown Plans Part I (Voluntary) Hometown Plans are Office of Federal Con=tact Compliance Programs (OFCCP) approved voluntary area-wide agreements between'the construction industry and representatives of the minority community establishing craft goals and time- tables for minori=ies. The Plan and the signatory partici- pating parties in the Plan are incorporated in Part I of the Bid Conditions for the Plan area. - 3 - Contractors signatory, to and participating in Depart- ment Of Labor approved Hometown Plans and utilizing a local craft under Part I of ~ke Bid Conditions are required to comply with =he provisions of the Plan and the EEO Clause. Re, ova! of contractors to Part I! of the Bid Conditions and/or initiation of enforcement proceedings may be recommended to the OFCCP Regional Office by the Administrative Committee for a contractor's failure =o meet Hometown Plan requirements. Such action may also be initiated directly by the OFCCP Regional Office for violation of the EEO Clause. B. Hometown Plan Part II. Ap~endi~ A, (Imposed Plan) and S?ecia% Bid Condit%ons Contrators subject to Part II of =he Bid Conditions (including contractors participating in the voluntary plan bdt utilizing craft(s) subject to Part II requirements) and =hose affected by Appendix A of an Imposed Plan, or Special Bid Condi- tions are required to: 1. Comply with the EEO Clause; 2. Meet ~he ~inimum goals and timetables for aggregate workforce utilization specified in the Bid Conditions and/or Appendix A in each covered craft on all covered work in the area under the Bid Conditions/Appendix A or provide DOCUmeNTARY ~rfDENC~ of good faith e£for=s to implement the minimum acceptable affirmative ac=ion program; - 4 - File monthly or as directed by the contracting or administering agency, beginning with the effective date of the contract, workforce utili- zation reports (Standard Form 257) reflecting the ' prime contractor's and each subcontractor's aggre- gate workforce in each covered craft within the area covered by the Bid Conditions (See Appendix II) and a one time listing of all Federa%!y-funded or assisted contracts within the Bid Condition area by agency, contract number, location, dollar vo!==e, percent completed, projected completion date, and a listing of all covered non-federal work, subse- quent to the submittal of the first listing. Monthly reports, thereafter, should only include new contracts received and those con~rac~s com- Provide access to books, records, and accounts of all covered construction sites and documentary evidence of good faith efforts to the Compliance Agency and/or the Office of Federal Contract Compliance Programs (OFCCP) for the purpose of conducting a review. When the Compliance Agency and the OFCCP have determined that the contractor has consistently me~ the minimum utilization goals in a covered craft over an entire construction season, re- porting requirements will be changed ~rom a monthly to a quarterly basis. However, ~ .. a contractor fails to meet ~he minimum - 5 utilization goals during any quarter, monthly reporting requirements will be reinstated. III. Enforcement (See Attached Flow Chart on CONTRACTORS OVERVIEW) A. Compliance Review Contractors failing to meet the minimum utilization goals specified in the Bid Conditions, or subject to outstanding allegations of discrimination in violation of the E.K.O. 'Clause will be subject to a thorough review of their implementation of =he affi_--mative actiom program as specified in the Bid Conditions and, where required, a thorough review of their compliance with the E.E.O. Clause. Contractors will be subject to general enforcement, as stipulated in Subpart B of CFR 60-1 at the discretion of the agency or the OFCCP. A compliance review conducted by the Compliance Agency will consist of the following (See Appendix III B): 1. A thorough review of the contractor's books, records and accounts and other relevant docu- ments. (If a contractor has met the specified minimum utilization goals for the aggregate workforce the contractor will be presumed to be in compliance with the requirements of the Bid Conditions and the review concluded, unless an allegation of discrimination in violation of the E.E.O. Clause has been made.); - 6 validation of the information presented will be made throuqh on-site reviews of a sample of all of the contractors projects to determine whether =he con=factor has met its goals or has made a good faith effort to implement all of the affirm- ative action steps specified in the Bid Conditions, and has not violated the E.E.O.Clause. B. Remedial Commitments In the event that a contractor minimum u=ilization goal~ and had failed has failed to meet the to provide adequate docu- mentary evidence of good faith efforts to implement the minimum affirmative action program as specified in the Bid Conditions~ the contractor will be given an opportunity a= the conclusion of compliance review to make specific written commitments, which"wi!l be signed by an officer of the company, to remedy all deficiencies identified during the review, provided that the contractor has not otherwise been found to have violated the E.E.O. Clause. If such commitments are made by the contractor and approved by the Compliance Agency, the Agency will find the con- tractor in compliance and initiate monitoring of the specific oommitmen=s. C. No~ice of Intent to Initiate Actions Leading to Sanctions If the contractor fails to make, or having made, fails to implement adequate remedial commitments, and/or has been found - 7 - to have otherwise violated the E.E.O. Clause, the Compliance Agency will issue a show cause notice to the contractor pro- viding 30 days for the contractor to come forward with addi- tional evidence of its efforts to comply or ~o make adequate remedial commitments, and, where required, to demonstrate that it has not violated the ~.E.O. Clause. If the contractor makes such demonstration(s) and/or commitments, the Compliance Agency will withdraw the show cause notice and place the contractor in compliance, provided that any violation of the commitments will cause the contracting agency to proceed with actions leading to sanctions. D. Initiation of Actions Leading to Sanctions If, during the 30 day period provided, the contractor, (a) fails to document adequate good faith effort to implement the minimum required affirmative action steps or fails to make ade- quate co~itments to correct all deficiencies, or {b) where re- quired, fails to demonstrate that theE.E.O. Clause has not been violated, the Compliance Agency will initiate actions leading to the imposition of sanctions against the contractor, pursuant to 41 CFR 60-1.26. Upon such action by the by the OFCCP, the contractor will to sanctions have been initiated. sons for the action and provide 14 calendar days to request a hearing regarding the imposition of Compliance Agency and approval be notified that actions leading The notice will state the rea- for the contractor . sanctions. - 8 - If no request for hearing is received within the 14 day period, the Compliance Agency and/or OFCCP will impose such sane:ions as are deemed appropriate provisions of 41 CFR 60-1 , including cancellation, termination, debarment or ineligibility for further federally contracts. Upon receipt of a request funded or federally assisted for hearing, the Comp. liance Agency and/or OFCC~ will arrange for and conduct a hearing on the issues outlined in 41 DFR 60-1 and 41 CRF 60-30. During the pendency of any such request for hearing, a contractor's other federally involved contracts may be suspended in whole or in part, pursuanU to the previsions of 41 CFR 60-1. However, no sanctions or penalties specified in 41 CFR 60-1 or Executive Order 11246, as amended, may be imposed without the approval of the Director, OFCCP. The hearing procedures (41 CFR 60-30) provide that any conciliation agreement or consent decree proposed as a settlement of the issued and the final decision on the imposition of sanctions must be approved by the Secretary of Labor or the Director, OFCCP. IV. Technical Assistance The Compliance Agency and OFCCP Regional Office staff will provide technical assistance regarding the implementation of the requirements of the E.E.O. Clause, Federal Bid Conditions and/or Appendix A upon receipt of a request for assistance from a contractor. (See Rul es luirements for Contractors and Regulations, Title 24, Part 13S, Federal Reqister, October 23, 1973) PURPOSE In the administration of any HUD funded program, to the greatest extent feasible: (ii) opportunities for traininq and emplo.vment arising in c.onnection with tme planning and carryin9 out of any project assisted under any sucn program be given to lower income bersons residinq in :~e area of such project; 'and contracts for work to be ~erformed in connection with any such project be awarded co business concer~l' w~ic~ are loca6ed in or owned in subStantiai part by persons residing in the area of such project. . REQUIREMENTS I. Section 3 Affirmative Action Plan A. Identification of Affirmative ?ctton Officer, by name. B. Identification of firm or contractor, contractin~ agency and contract (total ~ollar amount, scope of work, contract numoer, project number, description of project area, etc.) C. Employment 1. Trainees a. A listing by work categories of {i) total number of trainees to be Htili.zed; (ii) numbeC of those alreadX on permanent work force; and (iii) hummer of thos.e " to be recruited and employed from project area; b. A detailed description, of. specific means to be utilized to recrui~ project are~ residents, including specific i~entification of area organizations, adverti~inq media, sign plac~me?,.gtc.; c. Statement explain that contractor will maintain a list of all project resi'dents applyin~ and re.cords indicating s~atus of action taken) with reasons for such. 2. S~illed Employees Same as a. ,b. and c. above. -1- D. Businesses, Subcontractors, Vendors, etc. Listino of each category of ~oqds and services to be utilized On subject contract, along with....estimated dollar amount v. alue of each; 2. Listing of dollar value planned to be awarded to project area businesses, suocontractors, yen.dots, etc.; Detailed descriotion of specific means to be. taken to oublicize, advertise, notify,.etc., area businesses, etc., of oooortunit¥ to become subcontractors~ etc.; indicate s=eFific organizations contacted, advertisements ~)aced, etc.; 4. Records of actions taken to implement above-described plan, and reasons for such; 5. Insertion in bid documents/negotiation documen'ts of contrectors affirmative actiom ~lan~ project area description, etc. Eo Fe Statement that all reports, records, etc., relating to the imolementation of this Section 3 Plan will be ooen and available for insoection to 'authorized reores.entatives of the Department of Housing and Urban Oevelooment? the contracting agency. Statement %hat the Rules and Regulations, Title 24, Part 135, will be posted consoicuous)¥ in offices and places frequented by .employees, applicants? orosoe~tive subcontractg?s, vendors, etc. Statement that the contractor and the Affirmative Action Officer will cooperate with the Department of Housing and Urban Development in complying with the Section 3 Regulations. H. Statement that-the contractor will submit whatever reports are required by the Department of Housing and Urban Development. SPECIAL NOTE The Assistant Secretary for Equal Opportunity has been delegated the functions of the Secretar~ of Housing and Urban Develooment in administerin? programs pursuant to Se~mtiOn 3. The Assistant Secretary for Equal'Oppbrtunity will issue such furthem regulations in connection with his/her responsibilities under Section 3 of the HoustnQ and Urban Development Act of 19.68) 12 U.S.C. as amended~ 1701u., as he/she finds aonrooriate and may, as needed, amolify any reoulations issued ouriuant to Section 3~ through muidelines, handbooks, circulars or other means. (ii) Require, in consultation with the Administrator of the Small Business A~ministration, that to the greates~ extent feasible cOntractS for work to be performed in connection with any such project be awarded to business concerns including but not limited to individuals or firms doing business in the field of planning, c~nsultin~, desion, architecture, buildino construction, rehabili- tation, maintenance, or repair, which are'located in or owned in substantial ~art by oersons resioin~ in the area of such oroject. -2- (b) (o) In the development of these regulations the Secretary has consulted with the S,ecre~r~ of Labor and the,Administrator, of the Small Business Administra:ion and mu:ual agreement has been reached with respect to the coordination of employment and.,.tra!ninq efforts and contracts awards under :hese ferule:ions by :he Deoar:ment of Housin~ and uroan Develonmenc, the, Oeoar:ment of Lamor,.and the ~pall Business Administration. The regulations as set forth in this part, particularly Subparts C and D of this part, shall serve to define"to the ~reatest extent feasible" as that term is applied in section 3 of t~e Housing and Urban Development Act of 1968. (d) The Secretary will issue such further regulations in connection with his responsibilities under section 3 of the Housing and Urban Development Act of 1968, as he finds .appropriate and may, as needed, amplify any regulations issued pursuant to section 3, through guide- lines, handbooks, circulars or other means. s 13B. B Definitions. $ As used in this part-- (a) (b) (C) - "~" means any entity seeking assistance for a project including, but not limited to mortgaqors, developers, legal' public bodies~ nono'rofit or limited dividend soonsors, builders, or ~ro~ert7 managers. 'Business" concerns located within the section 3 covered project area" means those individuals or firms located within the relevant section 3 covered project area as determined oursuant to ~ ]35.)5, listed on the Department's registry of eligible business concerns, and which aualif¥ as small under the small business size standards g.~ ~he Small Business Administration. "Business concerns owned in substantial part by persons residing in the section 3 covered project area" means those business concerns which are 51 oercent or more owned by persons res idino within the relevant section 3 covered oroject as determined pursuant to ~ 135.lB, owned by persons considered by the Small Business Administration to be sociglly or economically disedvantaqed? listed on the Department's registr-y of eligible business concerns, and which qualify as small under the small business size standards of the Small Business Administration. (d) "Contracting party" means any entity which contracts with a contractor for the performance of work in connection with a section 3 covered project. (e) "Contractor" means any entity which performs work in connection with a section 3 covered project. -3- "Department" means the Department of Housing and Urban Development. "Lower income resident of the area" means any individual who resides within the area of a section 3 covered project and whose family i~co~e odes not exceed 90 oercent of the ~edian income in the SCaAUard Metropolitan Statistical Area (or the county if not within a SMSA) in w~ich the section 3 covered project is located. (h) (il "Political jurisdiction" means a politically organized communit~ with a qoverning body having ~enera) government powerS. "Recipient" means any entity who received assistance for a project including, but not limited to, mortgagors, developers, local public bodies, nonprofit or limited. (j) "Secretary" means the Secretary of Housing and Urban Development. (k) "Section 3" means section 3 of the Ho~sing and Urban Development Act of 1968, 12'U.S.C. 1701u. (1) "Section 3 clause" means the contract provisions set forth in s 135.20(b). (m) "Section 3 covered project" means any nonexempt project assisted by any program administered by the Secretary in which loans, grants, subsidies~ or other financial assistance are provided in aid of housino? urban plannino~ develooment, redevelopment, or renewal, public or community facilities~ and ne~v con~nunit¥ develooment (excemt where tme financial assistance availamle under such orooram is solely in the form of insurance or 9uarant%). Projects, co~tra~ts and suDcontracts, connected wit~q programs administered by the secretary under sections 235 and 236 of the National Housing Act, as well as any Public Housing Proqram and Which do not exceed S500,000 in estimated cost are exemotea from t~e requirements of this par~, as is any subcontract of S~O,O00 or under on suc~ projects or contracts in excess of (n) "Subcontractor" means any entity {other than a person who is an employee of the contractor) which has agreed or arranged with a con- tractor to undertake a portion of the contractor's obligation or the performance of work in connection with a section 3 covered project. s 135.10 Delegation to Assistant Secretary for Equal Opportunity. S ' Except as otherwise provided in this part, the functions of the Secretary referred to in this ~art are delegated to the Assistant Secretar7 for Equal Opportunity. The Assistant Secretary is further authorized to . rede)eDdie fu.nctions and responsibilities delle~ated in this section to emmloyees of the Deoartmenc, ~rovided, however, that the authority to issue rules and reQulations under ~")~'~Tmay not be red'legated. s 135.15 Determination of the area of a section 3 covered project. S " (al The area of a section 3 covered project shall be determined as follows: (I) The boundaries of a section 3 covered project located: {i) Within a geographic area designated as an urban ren.ewal area pursuant to the provisions of title I of the Housin~ Act Of 1949. ~2 U.S.C. 1450; or (ii) Within a qeoaraohic area designated as ~odel Cities areas ? Metropolitan Development Plan areas pursuant to.th~ provisions of title I of the Demonstration Citie.~ anU Metropolitan Development Act of 1966~ 4~ U.S.C. 330l; or (iii) Within a_geograohic a~ea designated as an Indian reservation {to inc)uUe all territory within reservation oounUaries, incluOing fee patented roads, ,~aters, bridges and lands used for agency purposes), shall be coextensive with the boundaries of that geographic area. (3) The boundaries of a section 3 covered project not located within a oeo?aphic area desionated pursuant to Title I of c~e Housin9 ACt of lg49, or Title i .of t~.Denonstration Cities and Metropolitan Developmen~ Act of 1966 shall be coextensive wit~ the boundaries of the smallest po.iitical jurisdiction in which the project is located. To the extent that goals (established pursuant to Subparts ~, C, and D of this part) cannot be met within a section 3 covered project area as determined pursuant to paragraph (al (1) of this section, the boundaries of the smallest pol~.tical ju?isdiction in which the section 3 covered project is located s~a]l be desi~.ated as :ne relevant section 3 project area. The determination to abbly t~is suOparagraph shall be made oy the Assistant Secretary for Eaual Opportunity or by the same official designated by the Assistant Secretar~ for Equal Opportunity to determine the section 3 covered project area pursuant to paragraph (a) {1} of this section. Cb) The Department's Regional Administrator, Area Office Director, or FHA Insuring Office Director, as approoriate, shall determine the boundaries of each section 3 covered project. s 135.20 Assurance of compliance with regulations. S Ever~ contract or agreement for a grant, loan, subsidy, or other direct financial assistance in aid of housing, urban planning, development, redevelopment, or renewal, public or ccmmunity facilities, and new con~nunity develop~nt, entered into by the Department of Housing and Urban Development with r~soect to a section 3 covered project shall contain provisions r~u~ring the applicant or recipient to ~&rry out the provisions or sec=ion J, the reggie=ions set fort~ in this pars, and any app~ca~(e rutes and orders of the Department issued thereunder ~rior to aD,royal of its application for assistance for a section 3 covered project. -5- Every a~mlicant, re¢ioient, contractin~ ~art~, contractor, and sumcontractor shall incoroorata, or cause to oe incoroorate¢, in all contracts for work in connection with a section 3 covered oroject, cna following clause (referred to as a section 3 clause). The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance fr~m the Department of Housing and Urban gevelopment and is subject to the requirements of section 3 of the Housing and UrDan Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employ- ment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project. The parties to this contract will comply with the provisions of said section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 2~ CFR, and all applicaPle rules and orders of the Department issued thereunder. -6- k:IPORT~_\'r PLEASE READ PURPOSE OF ~D~ SECTION 3 PLAN This plan exists in order to insure that to the greatest extent feasible a good faith effort will be made to: 1 - Provide aa opportunitF for training and employment to low-moderate income residents of the project area. 2 - Provide businesses located in the project area with the opportunity to become subcontractors and/or vendors. In order to accomplish the above all potential contractors must sisn the Contractor's Compliance Fo~m contained in this section. In addition all potential contractors must complete the Contractor's Section 3 Plan. This plan indicates what actions, if any, are proposed for hiring project area residents and for subcontracting with project area businesses. A 1/st of organizations concerned with the employment of project area residents is included in this Section in order to assist you when filling out the Contractor's Section 3 Plan. Also included ia this Section is a Trainee Utilization Plan and a Skilled g~ployee Utilization Plan. The successful bidder must complete these 2 forms. PLEASE ROTE: The successful bidder is the one with the lowest bid. Each bidder however must si~n the Contractor's Compliance Form and complete the Contractor's Section 3 Plan. Project No: Location: STATE~N~ OF COD~LIANCE Training, Emplolment~ and Contractin~ Opportunities for Businesses and Lower Income Persons The project assisted under this '(contract agreement) is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. Notwithstanding any other provision of this (contract)(agreement), the (applicant)(recipient) shall carryout the provisions of said section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 19220, October 23, 1973), and all applicable rules and order of the Secretary issued thereunder prior to the execution of this (contract)(agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizinE business concerns located within or owned in substantial part by persons residing in the area of the project: the making of a good faith effort~ as defined by the regulations, to provide training, employment, and business oppor- t,,nities required by section 3; and incorporation of the "section 3 clause" specified by Section 135.20(b) of the regulations in all contracts for work in connection with the project. The (applicant) (recipient) certifies and agrees that it is under flo contractual or other disability which would prevent it from complying with these requirements. C4 Compliance with the provisions of section 3, the resualtions set forth in 26 CFR Part 135, and all applicable rules and orders of the Secretary issued thereunder prior to approval by the Government of the application for this (agreement)(contract), shall be a condition of the Federal financial assistance provided to the project, binding upon the (applicaut)(recipieut), its successors and assigns. Failure to fulfill these requirements shall subject the (applicant)(recipient), its contractors and subcontractors, its successors, and assigns to the sanctions specified by this (agree~ent)(contract), and to such sanctions as are specified by 24 CFR Sec%ion 135.135. Company Name: Address: Official Signature Typed/Printed NYAO-EO:GEM/rcs 6-14-74 1 - Name of Firm CO IRACTOR'S SECTION 3 PLAN Address Phone # 2 - Project Name/Description Project Location Please use additional sheets if needed. 3 -Employment a - Do you expect to hire any project area residents?__ b - If yes how many? Trainees Skilled Employees Total Yes NO c - What organizations, if any, from the attached list do you intend to notify? d - What publications will you use for employment notices? Subcontractors a - Do you expec~ to use project area businesses as subcontractors or vendors? b - If yes how many?, c - ~na: businesses, if any, £roa :he project area will you request bids from? YES NO Plan prepared by Da~e Name Position SKILLED E~PLOYEE UTILIZATION PLAN If more space is needed please continue on other side of page. CONTRACTOR' S NAME: ADDRESS: T~LEPHOKE: PROJECT NA1/E: ADDRESS: 1 - Total number of skilled employees to be utilized on this project? Please list by work category. # OF SKI?.r. Fn EMPLOYEES' WORK CATEGORY 2 - Total number of skilled employees currently on your permanent work force? Please list by work catesory. # OF SKI!.r,FD EMPLOYEES WORK CATEGORY 3 - Total number of skilled employees currently to be recruited and hired from the project area? # OF SKI?.T.~D EMPLOYEES WORK CATEGORY DATE COMPANY OFFICIAL'S SIGNATb'RE AND TITLE Tk%INEE UTILIZATION PLAN If more space is needed, please continue on other side of page. CONTRACTOR ' S NAME: ADDRESS: TELEPHONE: PROJECT NAME: ADDRESS: Total number of trainees to be utilized on this project? Please list by work category. # OF TRAINEES WORK CATEGORY 2 - Total number of trainees currently on your permanent work force? Please list by work category. # OF TRAINEES WORK CATEGORY 3 - Total number of trainees currently to be recruited and hired from the project area? # OF TRAINEES WORK CATEGORY DATE COMPANY OFFICIAL'S SIGNATURE AND TITLE ORG NIZATIONS CONCERNED WITH T~ . >IPLOYMENT OF PROJECT AREA --'LOW INCOME RESIDENTS The Long Island Affirmative Action Programs, lac. 150 Route 110 Melville, N.Y. 11746 New York State Department of Labor Employment Offices: 75 E. Hain Street, Riverhead, N.Y. 11901 1800 New York Avenue, Huntington Station, N.Y. 117 Hain Street, Bridgeha~ton, N.Y. 11932 63 Park Avenue, Bayshore, N.Y. 11706 State Office Building, Hauppauge, N.Y. 11787 55 Hedford Avenue, Pa~chogue, N.Y. 11772 117~6 La Union Hispanica 244 E. Hain Street Patchogue, N.Y. 11772 Economic Opportunity Council of Suffolk, Inc. 98 Austin Street Patchogue, N.Y. 11772 ;. i IN~--J'~UCTIONS-FOR FILING MONTHLY EMPLOYM.~. T UT1LI~.ATION REPORT r~nsible affixal of ~e ~m~y. ~e r~ are ~o ~e fil~ ~ ~e 5~ ¢~Y of ea~ mon~ during ~e ;erin of ~e 0~ 112~ r~o~ibili~. (Ad~itiona ~i~ of ~i~ farm may ~ oO~in~ from ~e U.& Decadent of ~Dor, E~iovmen~ S~nda~ Admini~mdon, OF~'s rqiomt offia for y~r area.) offio~rJ CONTRACTING OPPORTUNITIES FO~ MINORITIES A~;D FEMALES NAME OF PROJECT: PROJECT NUMBER: MUNICIPALITY: COMPANY NAME: ADDRESS: TOWN, STATE, ZIP: SIGNATURE: TITLE: PERIOD OF CDNSTRUCTION: FROM DATE: TO: month/year month/year Is your company minority or female owned? yes{--1 no i.-]'-I Is your company subcontracting~._~ny part of this contract, to a minority or female owned business? yes I T) no PI If you answered yes to either question above, to your company: please check each box that applies Male [--I Female I'--I Black I,,, I Hispanic Native American F-~ other~-] specify. Amouht of Contract $ Check each box that applies to your sub-contractor black F-~ Hispanic ~-~ Native American ~ other specify Amount of Subcontract Con~ac~o~ I.D. ~ Sub-conT~ac~o~ I.D. # 6500.3 All e~l~r~ ahead check each of the foLl~i~ Paqe 1 of 14 24. P&~ 2 of 14 6500.3 · Page 3 of 14 ' E:ch:Lh:LtX 2. has chat:Lea o£ Page 4 oJ' 14 Page 5 of Z4 9/'75 ~ ~lc~e~l place all p~'~Jec~ Job ~ Page 6 of 14 L eutxx'ei,,ox:r for---,, ~.~ekeepe~l 9&y~ll ~ith wrm be£o=t empl~ s"~..--~a vozt: cm px~jec~. · th~ ~-cn~ &mi back of ~clttdi~ vAt~, pa~-~ll ~mA$~4d ~ ~lCipiez~. ~, ~ ZAp C~ of ~1~ ~-). I Page 7 of 14 9/'/5 6500.3 l'age 8 o~' 14 Ex~*~ ~; +*. 1 ~ 9c~14 10. Col,ma 1. The applicable wa~ ~to for eac~ cla~si- The pa2~ll ~J .~ by '.Be ~o-~--- iu the rela'~d "blc~ca" =r · ~_~ ~ of 11. 6500.3 recox~e~ ~ separate "blocks" in Co!~ 3 of ~h~ ps,Toll. ~ Se~ o~ ~ for ~ 9) Col~ ~ - H~ Wo~ed~ ~ D~T ~ ~e, for 10) Col~ ~ - To~ ~ ~ ~ ~ ~ ~=e of P~ ~ ~t less 1-1/2 t~s ~ ~er'a ~Xc ~ i1 of 14 12. 13. 6500.3 ~.=~lc~e~' ,3= ~.= offi=:~.l o£ ~ ~m~lo"/~r ~ le_~/l? t~ au~ho~lze~ to a=t fo~ ~ e~ploy~. Veekl.v pal, x~ll Review. ~ ~ veekl~ payroll fo~ c~=plia~oe with 9/7S 6500.3 Par~ 14 c~ 14 NOTICE TO BIDDERS FAIR TRADE PRACTICE Please be advised that Section 109 of Public Law 100-202 restricts awarding contracts for work on public buildings or public works to contractors or subcontractors from foreign countries that deny fair trade practices to the United States. Currently, Japan is the only foreign country that has been so classified. The prohibitions in Sec=ion 109 also apply :o products used in these activities, such as affixed electronics, utilities and instruments. certain equi'pment, The United States Trade Representative (USTR) shall maintain a list of each foreign country which (A) denies fair and equitable market opportunities for products and services of the United States in denies fair and equitable market opportunities for products and services of the United States in bidding, for contruction projects that cost more than $500,000 and are funded (in whole or in part) by the government of such foreign country or by an entity controlled directly or indirectly by such foreign country. -' A contractor or subcontractor shall be considered to be a citizen or national of a foreign country, or controlled directly or indirectly by citizens or nationals of a foreign country: (1) if 50 percent or more of the Contractor or subcontractor is owned by a citizen or a national of the foreign country; (2) If the title to §0 percent or more of the stock of the Contractor or subcontractor is held subject co trust or fiduciary obligation in favor of citizens or nationals of the foreign country; <3) If 50 percent or more of the voting power in the Contractor or subcontractor is vested in or exercisable on behalf of a citizen or national of the foreign country; (4) in the case of a partnership, if any general par:net is a citizen of the foreign country; In the case of a corpor~tion, if its president or other chief executive 'officer or the chairman of its board of directors is a citizen of the foreign country or the majority of any number of its directors necessary to constitute a quorum are citizens of the foreign country or the corporation is organized under the laws of the foreign country or any subdivision, territory, or possession thereof; or (6) In the case of a contractor or subcontractor who is a Joint venture, if any participant firm is a citizen or national of a foreign noun:fy or meets any of the criteria in parapraphs (1) through (5) of this notice. 'Product", as used in this notice, means construction materials - i.e., articles, materials, and supplies b~ou§ht to the construction site for incorporation into the public works project, including permanently affixed equipment, instruments, utilities, electronic or other devices, but not including vehicles or construction equipment. In determining the origin a product (insert name of grantee), will consider a product as produced in a foreign country if it has been assembled or manufactured in the foreign country, or if ~he cost of the components mined, produced, or manufactured in the foreign country exceed 50 percent of the cost of all its components. of "Component", as used in this no=ice, means those articles, materials, and supplies incorporated directly into the produdt. "Contractor or subcontractor of a foreign country", as used in this notice, means any Contractor or subcontractor thac is a citizen or national of a foreign country or is controlled directly or indirectly by citizens or nationals of a foreign country. Unless a waiver to these restrictions is granted by the Secretary of Housing and Urban Development, no contract will be awarded to an offeror (a) who is owned or controlled by a cit£zen or national of a foreign country included on the list of foreign countries that discriminate against U.S. firms published by the USTR, (b) whose subcontractors are owned or controlled by citizens or nationals of a foreign country on the USTR list or, (c) who incorporates any product of a foreign country on the USTR list in the public works project. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required. The knowledge and information of an offerer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The USTR published an in£~ial list £n the Federal Register on December 30, 1987 (53 FR 49244) which £den~£fied one country - Japan. The USTR can add countr£es =o the 115=, and remove coun=ries from it, in accordance wi=h section 109(c) of Pub. 100-202. FAIR TRADE CERTIFICATION of as the 1) 2) 3) ~) 5) 6) Name of Contractor being a principal Name of Company or Corporation "Offeror" certify by signature herein after known below that: The offeror has read and understands the Notice Bidders entitled "Fair Trade Practice" The offeror is not a contractor of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S. Trade Representative (USTR); The Offeror has not or will not enter into any subcontract with a subcontractor or a foreign included on the USTR list; country The offeror will not provide any product of a country included on the USTR list; An offeror unable to certify fn accordance with paragraphs 1, 2, 3, and 4 above shall submit with its offer a written explanation fully describing the reasons for its inability to make the certification; and The offeror shall provide immediate written notice to ~he Contracting Officer if, at any time before the contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Signature of Company/Corp. Principal Title Date Contractor £dencificaticn Number The making of a false, fictitious, or fraudulent certification may render the maker subject ~o prosecution under Title 18, U.$.C. 1001. nonrefundable fee t rain $25.00 . ~b specifications (postage ~ncluded) BID - 3 ALL TENNIS COURTS AT TASKER PARK BID OPENING: 10:00 A.M., Thursday, April 2~1, 1997. 4/7/97 1. 4/9/972. Rosemar Construction, Inc., 56 Pine St., East Moriches, NY 878-2323 Sports East Inc., P. O. BOx 495, Southampton, NY 11968 11940 4/10 3. 4/10 4/11 5. 4/16 7. 4/17 8. 4/18 4/18 18. 4/18 11. 4/18 12. 13. Seabreeze Tennis, Inc., 300 Midwood Rd.,Cuchogue, NY 11935, 734-6586 A. Cybulski Paul R. Guillo Construction Corp., P O Box 2148, Southampton, NY 11969 283-7251 Corazzini Asphalt, Inc., Box 555, 100 Lupen Drive, Cutchogue, NY 11935 734-5600 DeLalio SFA, 224A North Main St., Southampton, NY 11968-283-0037-RusseU Jackson KJB Industries Inc. d/b/a Eangle Asphalt Maint., 70 Park Rd., Riverhead, NY 727-5600 Laser Industries, Inc., Route 25, Ridge, Ny 11961, John Gulino 924-3011 F'ast End Asphalt, Inc. Main Rd. Jamesport Ny 11947, Todd Brewer 722-3131 Sypher Company, 950 W. Main Riverhead, Kevin Sypher 369-1375 Paul Corazzi/3i,lr. & Sons, Inc., 3120 Albertson Lane, Greenport, NY 11944 765-2012 Insel Construction Corp., 8 Old Dock Road, Yaphank, NY 11980 924-7230 Kurt Staal RECEIVED APR :: ~ 1997 ~ut~ol~ To?/n Clerk RECEIVED APR 9 ~997 Southold Town LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, hi accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are ~ mad r~questtd for furnishing all of the hbor~ malerlals and equlpmmt for the construction of Th]rte (3) All Pcconin Lane, Pecx~nic, New York. Specdicatinfls may be obtained at thc Off]ct of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, upon payment of a $25.00 non-rdundsblc The .~lle d bids, together with a berth thc Town Clerk, at thc Southold Town Hall, 53095 Main Road, Soutb~ld, New York, until 10:00 A.M. Thursday, April 24, 1997, at which time they will be opened and read aloud in pubh¢. The Tov~ Board of the Town of Southold best interest of thc Town of Southoid to Office of thc Town Clerk. Thc bid print ~all not include any tax, federal, state, Dared: March 18, 1997. SOUTHOLD TOWN CLERK STATE OF NEW YiYI~K) ) SS: ~ L~r'~]~J~-~ of Mattituck, in s~d' Coun-~y, betn~druly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for ~ weeks sttCcessively, commencing on Principal Clerk Sworn to before me this day of ~ 1947- ~Y PUBLIC, ~A~ OF N~ ~K NO. 52~55242, SUFFOLK COU ~MMI~ION ~PIR~ AUGU~ 31, STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 26th day of March 1997, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice to Bidders, construct three All Weather Tennis Courts, bid opening: 10:00 A.M., Thursday, April 24, 1997, Southold Town Clerk's Office. Sworn to before me this 26th day of March , 1997. Judith T. Terry Southold Town Clerk Ncftary Public Notary PuDIic. Stz~le of N~v York t~k~. 4322563, Suffolk County/-.~r. LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all of the labor, materials and equipment for the construction of Three (3) All Weather Tennis Courts, located at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York 11971, upon payment of a $25.00 non-refundable fee. The sealed bids, together with a bank draft or certified check in the amount of 5% of the Base Bid, will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, April 2~1, 1997, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must on Tennis Courts", bid price shall not the Town of Southold is exempt. Dated: March 18, 1997. be signed and sealed in envelopes plainly marked "Bid and submitted to the Office of the Town Clerk. The include any tax, federal, state, or local, from which JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 3, 1997, AND FORWARD ONE (I) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Commissioner of Public Works Jacobs Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-I800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL TO: FROM: DATE: The Suffolk Times Judith Terry March 27. 1997 Number of Pages (including cover): 2 If total transmittal is not received, please call (516)765-1800. COMMENTS: Please publish the following Legal Notice to Bidders for 3 tennis courts on April 3rd. Thank you. LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all of the labor, materials and equipment for the construction of Three (3) All Weather Tennis Courts, located at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, 5outhold, New York 11971, upon payment of a $25.00 non-refundable fee. The sealed bids, together with a bank draft or certified check in the amount of 5% of the Base Bid, will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, April 24, 1997, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reiect any and all bids and to waive any and all informality 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 Tennis Courts", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: March 18, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 3, 1997, AND FORWARD ONE (1) OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Commissioner of Public Works Jacobs Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board AFFIDAVIT HALL, PO ...... ~ .......... ~ ...................................................... .jN~TRAMSHISS~ON RESULT REPORT ......... ~....(MAR 27 'g? 10:l@AM) .............. m SOUTHO~TOWN HALL SiG ?G5 1823 ............................................................................................................................ o ................................................... (AUTO) .................. DATE START REMOTE TERMIMAL TIME RE- MODE TOTAL PERSOMAL LABEL FILE TIME IDEMTIFICATIOM SULTS PAGES NO. MAR 27 10:12AM SUFFOLK TIMES 00'45" OK ES 02 ,' 014 E)Erj9 >)REDUCTIOH ~)BATCH S)STAMDARD M)ME19ORY C)COMFIDEMTIAL D)DETAIL $)TRAMSFER F)FIME P)POLLING INVITATION TO BIDDERS: CONSTRUCTION OF ALL WEATHER TENNIS COURTS Robert W. Tasker Memorial Park Peconic Lane Peconic, New York April, 1997 INDEX TO SPECIFICATIONS INVITATION TO BID & BIDDING REQUIREMENTS PROJECT DESCRIPTION INSTRUCTION TO BIDDERS PROPOSAL FORM STATEMENT OF NON-COLLUSION NYS AFFIRMATIVE ACTION CERTIFICATION BID BOND OFFER OF SURETY GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION PERFORMANCE BOND & LABOR & MATERIAL PAYMENT BOND GENERAL RELEASE PREVAILING WAGE RATES COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS Invitation to Bid Project: Construct 3 All Weather Tennis Courts - Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southoid will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of 3 All Weather Tennis Courts, located at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, NY, in accordance with the specifications prepared by the Southold Town Community Development Office. Bids will be received at the Office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, Thursday, April 24, 1997. All specifications are provided herein. A fee of twenty five ($25.00), cash.or check, made payable to the Town of Southoid 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 Southoid 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 Southoid reserves the right to waive any informalities and to reject ariy or all bids and retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Dated: March 18, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southoid Town Clerk Robert W. Tasker Memorial Park ALL WEATHER TENNIS COURT SPECIFICATIONS These specifications are standard and are set forth by the United States Tennis Court and Track Builders Association. Work Includes: 1. Grading - Fine grade the sub-base. 2. Aggregate Base Course - On top of the compacted subgrade a 4" R. C. A. base course will be installed. The surface will be graded with a 1% slope and will not vary by more than a 1/2" in 10 feet. 3. Asphalt Levelling Course - Upon completion of the stone base, a 1 1/2" NYSDOT TYPE A asphaltic concrete level course will be installed. The surface shall not vary by more than U4" when measured in any direction. 4. Install Concrete Foundations for net posts and center strap - Concrete for net post foundations is to be flush with the asphalt level course, net post sleeves will remain 1" above grade so that they will be flush upon completion of paving. Concrete edges will be covered with a gao=textile fabric prior to placement of final paving. / 5. Asphalt Surface Course - Upon completion of the concrete work, a 1" NYSDOT type 1 AC asphalt concrete surface course shall be installed. Surface shall not vary by more than a 1/8" in any direction. 6. Fence - To be installed by others 7. Acrylic Resurface - Over the entire tennis court surface, install one coat of acrylic resurface. This will fill all voids in new asphalt surface. 8. Deco-Color - Install three (3) coast of pure acrylic Deco-Color to provide a tough durable finish. The first two coats shall contain pure silica sand for a uniformed textured surface. The final coat will be pure to provide a uniform surface. 9. Prior to play, install playing lines. Nets, posts and center straps to be provided by the Town of Southoid. 120' O0 I I I I I I I I I I ROBERT W. TASKER MEMORIAL PARK TENNIS COURTS NOTE TO ALL CONTRACTORS; The completion of the following work requires inspections and approval by: James Richter Southoid Town Engineering Department Southoid Highway Department Peconic Lane Peconic, NY 11958 (516) 765-3070 Aggregate Base Course Asphalt Leveling Course Installation of Concrete Foundation for net post and center strap Asphalt Surface Course Installation of Fence Acrylic Resurface Deco-Color of playing surface Requests for further information and all inquires about the construction phases of the project should be addressed to James Richter at the Southoid Town Engineer Office. Inquires on the federal rules and regulations pertaining to this project should be addressed to James McMahon, Southoid Community Development Office at 765-1892 Instruction To Bidders A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidder shall write in ink, both in words & numerals, the price being proposed: to furnish all materials, equipment, tools, labor and services necessary for the proper completion of the work in accordance with the plans and specifications and subject, at all times, to the approval of the Town of Southold. Each proposal must be signed in writing, with the full name and address of the bidder. Proposal shall be addressed as indicated on Invitation for Bids and shall be delivered, enclosed in an opaque sealed envelope marked "Proposal" bearing the title of work, and the bidders name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in. the form of a bid bond or certified check in the amount of 5% of the total bid, payabl~ to the Town of Southold. As soon as the proposal price have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the specifications, visit the site and inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions in the specifications or other documents or should he be in doubt as to their meaning, he should at once notify the Southold Community Development Office who may issue a written instruction to all bidders. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest bidder, if it is in the best interest of the Town of Southoid. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by the successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award, the Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum). The Town will either award the project or reject all proposals received within forty-five (45) days after the formal openings of proposals. The acceptance of proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal The acceptance of a proposal shall bind the successful bidder to execute the contra~t and to deliver separate performance and payment bonds made by a Surety Company, a's stipulated herein. The amount of the bonds shall not be less than one hundred (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her request authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which is incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond may be rejected, any proposal having interlineation, erasure or corrections may be rejected. PROPOSAL FORM DATE: Name of Bidder: To: Southoid Town Board Town Hall - 52095 Main Road Southold, NY 11971 Members of the Board: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principal are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud and that no person acting for or employment by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents, including bidding requirements, contract, general and special conditions, specifications, contract drawings and addenda, if any; that he has satisfied himself by personal examination of the proposed work and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish ali materials not provided by the Town and perform ali the work required to construct, perform and complete the work at: Robert W. Tasker Memorial Park Peconic Lane Peconic, NY 11958 and all other work in connection therewith, in accordance with contact documents and addenda, if any, prepared by the Southoid Community Development Office 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: H. PLANT & EQUIPMENT The bidder shall state in his bid that he has available or under his control, plant, equipment and materials of the character and in the amount required to complete the proposed work in the specified time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town of such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance there of shall be null and vgid, and the Town shall be entitled to liquidated damages as above provided. J. TIME FOR EXECUTION OF CONTRACT WORK The contractor shall commence work within (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. FURNISH AND CONSTRUCT (3) ALL WEATHER TENNIS COURTS. THE COURTS SHALL BE AS INDICATED ON THE SPECIFICATION SET FORTH 1N THE BID DOCUMENTS. THE CONTRACTOR SHALL PROVIDE ALL LABOR AND MATERIALS TO CONSTRUCT THE 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 to the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) day after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Telephone Number: Date: STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non--collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been ardved at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such pdces with any other bidder or any competitor. (2) Unless other,vise required by law, the pdces which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pdor to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION . Resolved that be (Name of Corporation) authorfzed to sign and submit the bid or proposal of this corporation for the following Project: Construction of 3 All Weather Tennis Courts ~ Robert W. Tasker Memorial Park, Peconic Lane, Peconic, NY I19~8 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three--~ (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,19 __ (SEAL OF THE CORPORATION) Laws of New York, 1969 Ch. 751, Sec. 163-d, as amended effective September 1, 1965 (Signature) NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. it intends to use the following listed construction trades in the work underthe contract ; and, 84 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: .; an'd/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 pdor to the award of any subcontractor under this contract the subcontractor cer/ification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document ,4310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for th~ payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for HOW, THEREFORE, if the Obi(see shall accept the bid of the Pt(nc(pal and the Principal shall enter into a Contract with the Obi(gee in accordance with the terms o( such bid, and Siva such bond or bonds as may be specified in the biddin8 or Conlract Documents with $ood and sufficient surety for the faithful performance o( such Contract and for the prompt payment o( labor and material furnished in the prosecution thereot, or in the ~vent o( the failure ol the Principal to enter such Contract and 8ire such bond or bonds, if the Principal shall pay to the Obtig~e the difference not to exceed the penalty hereof between the amount specified in said bid and such larser amount for which the Obi(see may in 8oDd faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) fPrincipal) (Ti(la) (Surety) (Seal) (Title) (Witness) AIA DOCUMENT A31e · BIO BOND * AIA ~ · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N.Y. AVE., N.W., WASHINGTON, D.C. 2(X)06 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal ~s accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. H E A M ERICh ! N S T I T U T E o F A R C HITECT~ AIA Document A201 General Conditions of the Contract for Construction THIS DOCL ~IE,~7' HAS LllPORTANT LEGAL CONSEQUE~x~'CES: CO,~,TL'L TA TIO.¥ WITH A,¥ ATTORNEY IS E.¥COL'RAGED [~PITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENEtLkL PROVISIONS 2. O~rNER 3. CONTRACTOR 4..kDMINISTRATION OF THE CONT1L~.CT 5. SUBCONTIL~.CTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS .kiND PROPERTY 1 1.INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK .13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT Thts document has been approved and endorsed by the ~ssociated General Contractors of America. CopyrigBt [91 I, 1915, 1918, 1925. 1957, 1951, 1958, 1%1, 1963. 1966. 1967, 19-0, 1976. © 1987 bx' The American institute of Architects, 1-3'~ New York Avenue, N.W. Washington, D.C., 20006. Reproduction of the material herein or substanti:~! quotation of its provisions without wraten permkssion of he AIA violates the copvrigh aws Of he United States mad will be subject to legal prosecutions. A201-1987 I INDEX Acceptanca of Nonconforming Work ......... 9.6.6. 9.9.3, 12.3 Acceptance of Work .......... 9.6.6.9.8.2.9.9.3.9.10.1,9.10.3 Accident Prevention ...................... 4.2.3, I0 Acts and Omissions . . . 3.2.1, 3.2.2, 3.3,2.3.12.8.3.18.4.2.3, 4.3.2. Additional Cost. Claims fo r ....... 4.3.6.4,3,7,4.3,9.6.1.1, 10,3 Additional Inspections and. Tearing ....... 4.2.6. 9.8.2.12.2.1. t3.5 Additional Time. Claims for ............. 4.3.6. 4.3.8. 4.3.9.8,3.2 ADMINISTRATION OF THE DONTRACT ...... 3.3.3. 4. 9.~. 9.5 Aave~tisement or Invitation to Bid .................... 1. I. Aesthetic Effect 4.2.13.4.5.I Allowances 3.3 Approvals 2.4, 3.3.3, 3.5, 310.2.3. [2.4 through 3.12.8, 3.18.3. Architect 4.1 Architect. Definition o f 4.1.1 Architect. Extent of Authority ..... 2.4.3.12.6.4.2.4.3.2.4.3.6, Architect. Limitations of Authority ancl Responsibility 3.3.3.3.i2.8. Archi[ act's Additional Services and Expenses 2.4.9.8.2. Architect's Ad.ministration of the Contract 4.2, 4.3 6, 4.3.7. 4.4. 9.4, 95 Architect's Approval5 2.4.3.5.1.3.102.3.12.6. 3.12.8. 3.18.3, 4.2.7 A£chitect'$ Authority to Reiect Work 3,5.1, 4.2.6. [2.1,2. Architect's Copyright 1.3 Architect's Decisions ..... 4.2.6.4.2.7, 4.2. l 1.4.2.12.4.2. I3. Architect's Inspections ...... 4.2.2, 4.2.9.4.3.6, 9.4.2.9.8.2, Architect's Interpretations ....... 4.2,11,4.2.12.4.3.7 Architect's On-Site Observations ...... 4.2.2. 4.2.5, 4.3.6, 9 .~.2. Architect's Project Representative 42.10 Architect's Relationship with Contractor [ 1.2.32. i. 32.2. 4.2.6, 96.3, 9.6~. I [.3,7 Attorneys'Fees 318.1.9.1(1.2.10.1.4 Award o f Separate Contracts 6.1.1 Award. of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bdiler and Machinery Insurance 11.3.2 Bonds, Lien 9. H).2 Bonds. Perl~lrmance and Payment 73.6.4.9.10.3. I 1.3.9, [ l .-~ Building Permit ................................ 3.7.1 Capitalization .................................... 1.4 Certificate o f Substantial Completion ............. 9.8.2 Cra'rifles[es for Payman! ...... 4.2.5, 4.2.9. 9 3.3, 9.4. 9.5, 9.6.1. Certificate~ of [nspecuon, Testing or Approval ..... 3.[2,11, 13.5 -~ Certificates o f Insurance .............. 9.3.2.9.10.2. I1.1.3 Change Ord.ers ..... I. 1.1.2.4.1.3.8.2.4.3.1 I. 4.2.8. 4.3.3.5.2.3, Change Orders, Definition o f 7.2.I Changas .............................. 7.1 CHANGES IN THE WORK .... 3 1 I, 4.2.8.7, 8.3.1.9.3. I. l, 10.1.3 Clairna and DIsputee .......... 4,3,4.4.4.5.6.2.5,8.3.2. Claims and Timely Aasertion of C~aims ........... 4.5.6 Claims for Add.ltional Cost ....... 4.3.6, 4.3.7, ~.3.9, 6. l. 1. I0.3 Claims for Addfitonal Tlma .......... 4.36, 4.3.g. 4.3.9.8.3.2 Claims for Concaaied or Unknown Cond.lflona .......... 4.3.6 Claims for Darnages... 3.I8, 4.3.9. 6.1.1.6.2.5, 8.3.2.9.5.1.2, 10.1.4 Die.hint Up ........................ 8.15.6.3 Commancement of Statutory Limitation pe fiod ....... 13.7 Commencement oi' the Work. Conditions Relating ~o ...... 2.1.2. Commencement or'the Work. Definition o f ........ 8. i.2 Communications FaciIitating Contract Admires[radon ................. 3.9.1,4.2.4.5.2.1 COMPLETION, PAYMENTS AND 9 Completion. Substantial ..... 4.2.9, ~.3.5.2.8, [. l, 8. 1.3, 8.2.3, Concealed or Unknown Conditions ................ 4.3.6 Conditions o f the Contract ........ IN.l, 1.1.7,6.1.1 Consent, Written ............. 1.3.1.3.12.8.3. i4.2.4.1.2. CONSTRUCTION SY OWNER OR BY SEPARATE CONTRACTORS ........................ t.l.~.5 Cons[ n~ction Change Directive. herin[rio n o f ........ 7.3.1 Contingent As~lignmen/of Subcontracts .......... 5.4 Con~nuing Co~tract Performance ............. 4.3.4 CONTRACT, TERMINATION OR SUSPENSION OFTHE ........... 4.3.7, 5.4. i 1.14 Contract Administration ........... 3.3.3, &. 9.~, 9.5 Contract 8.ward and Execution. Conditions Relating [o 3.-1, Contract Documents, The 1.1, ! 2.- Contract Documents. Copies Furnishecl and Use of . 1.3.2.2.5.53 Contract Performance During ArDitration 4.3.4.453 Contract Sum, Definition of 9.1 Contract Ti/riel Definition of 8.1.1 2 A201-1987 CONTRACTOR ................................ 3 Contractor, Deflnedon of ....................... 3.1, 6. i.2 Contractor's Construction Schedules ............ 3.10,6:1.3 Cont facto r's Employees ..... 3.3.2, 3.4.2.3.8. i. 3.9, 3.18. -L2.3, 4.2.6.8.1.2, 10.2. 10.3, Il.lA, 14.2.I I Contractor'a Liability insurance ................... 1%1 and Owner's Forces ..... 2.2.6. 3.12.5, 3.14.2, 4.2.q, 6, 12.2.5 Contractor's Relationship with the Arclaitect 1.1.2.3.2.1.32.2, Contractor's Submittals 3.10.3.11.3.12,4.2.7,5.2.1,5.2.3, Correction of Work ........ 2.3.2.4, 4.2.1,9.8.2, Cost, Definition of ................. 7.3.6. l'~.3.5 curting and Parching ................. 3.14, 6.2.6 D~rnages for Delay ............ 6.1. I, 8.3.3, 9.5.1.6.9,7 4.2.6. 4.35, 9.5.2. 98.2. 99t, t0.2.5. 12. 13.7.1.3 Emeegenctes ..................... ~.3.7, 10.3 Execution and Progress o f the Work 1.I.3, L2.3.3.2.3 ~.1. Execution. Cor~leOon and Intent of the Contract Documents 1.2, 3.- I Failure of Payment by Contractor ..... 9.5 i.3, 14.2.1.2 Failure of Payment by Owner ~.3-, 9.7, 14.1.3 Financial Arrangements, Owner's 2.2.1 Fire and Extended Coverage insurance l 1.3 Governing Law 13.1 Information and Se~ices Required of ~e Owner . 2.1.2, 2.2, Injury or Damage to Person or ProperW 4.3.9 Inspections 533.3.3~. 37.1, 4.2.2. Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability ...... 11.1 insurance, Loss of Use ...... t I 3 3 Insurance, Owner's Liability 11.2 Insurance, property 10.2.5.11.3 Judgment on Final Awar~ +.5 i1 4.5.~. [, 4.5.7 Limitation on Consolidation or Joinder 4.5.5 A201-1987 3 Limitations of Time. Specific .... 2.12, 2.2. i, 2.4, 3. I0, 3. I I, Material SuppLiers ...... t .3.1,3 [ 2. l, 4.2,q, ~.2.6, 5.2. I. Materials, Hazardous I0. L 10.2.4 -3.6,932.93.3. 12.2.4, [-* Mutual Responsibility 6.2 OWNER 2 Owner's Right to Perform Construction and to Award Separats Contracts .......... 6.1 Owners Right to Stop the Worf( ......... 2.3, 4.3.7 Owner's Rigl~t to S~pend the Work [ 4.3 Owner's Right to Terminate the Contract .......... 14.2 Ownership and Uee of Architect's Drawings, Specifications and Other Documents ,1.3, 2.2.5, 53 Pertlat Occupancy or Use ...... 96.6, 9.9, 11.3.11 Patching, Cutting and 3.14, 6.2.6 Patento, Royalties and 3.17 payment, Applications for ......... 4.2.5, 92.9.3, 9-*. Payment, Certificates for .... 4.2.5,4.2.9.93.3.9.4,9.5. Payment, Failure of -*,37,9.5.1.3, Payment Bond, Performance Bond and 7.3.6.4. Payments. Progress 4.3.4, 93, 96. PAYMENTS AND COMPLETION 9, 14 Payments to Subcontractors 5.4.2, 9.5. [ .3, PCB [0.1 Per/brmance Bond and Payment Bond 7.36.4, 4 A201-1987 Rules and Notices for Arbitration ............ 4.5.2 Safet~ of Persona and Property 10,2 Safety Precautions and Programs 4 2.3. ~.2.-, 10.1 Samples, Shop Drawings, Product Data and. 3.11.3.12, 4.2 7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9 5 [ Schedules. Construction 310 Separate Contracts and Contractors .... I. 1 .-~, 3.1 ~.2.4.2.4, Shop Drawings. Definition o f 3.12.1 Shop Drawings, Product Data and Samples 3 11.3.12, 4.2.- 9~.2. 95.1. 98.2.992, 9 I0 l. 135 Special lnspe.ctkms and Testing ....... -L2.6. 12.2.t. 135 Suspension by the Owner for Convenience ....... 14.3 Stt~ptn~ion of the Work ....... q.3.7, 5.~2. 14.1.I.4, 143 Suspension or Terminationofthe Contract ..... -~.3.7, 5.-~.i I, 14 Taxes 3.6,-.36.4 Termination by tl~e Contractor ................ 14,t Tarminatlon by the Owner for Cause ...... 5.*. 1. i. 14.2 Termination o f the Architect ................. 4.1.3 Termination of the Contractor ........... I-~.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Test~ and Inspections 3,33, 4.2,6, 4.2.9, 94.2, 12.2.1,13,5 TIME Time+ Delays and Extensions of ....... ~.3.8. -2. I. 8.3 Time Limits on Claims .... 4,3.2, 4.3.3, ~.3.0. ~39+ q,-L ~.5 Title to Work 932.93.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Condi[ions ~.3 6. 8.3.1, I 0. t Uaeof$ite 3.13,6,[ [.6.2.[ Values, Schedule of 9.2, 9.3. l Waiver of Claims: Final Payment 4.3.5, -< 5 [. 9 I0.3 W~iver o t' Claims by the Architect 13.-~,2 When Artaitration May Be Demanded 4.5.4 A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 SASIC DEFINITIONS 1.1.1 THE CONTRAC'F DOCUMENTS Thc Contract Dooaments consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contracx. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a wnnen order for a minor change in the Work issued by the .~'chitect. Unless specifically enumerated in the invitanon to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding 1.1.2 THE CONTRACT Contract Documents shaft not be construed to create a contrac- tual relationship of any kind (l) between the Mchitect and Con- partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the 1.1.4 THE PROJECT 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial {~)rttons of the Con- the Work, and performance of related service. 1.1.7 THE PROJECT MANUAL The Project Manu~ is the volume u~ua/Iy :L~embled for the Work which may include the bidding requ2ements, sample forms, Conditions of the Contract and Specifications. 1.2 EX;:CUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not s~gn afl the Contract Documents, the Architect shall identff), such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become fmmll- Lar with local conditions under which the Work is to be per* formed and correlated personal observations with require- merits of the Contract Documents. 1.2.3 The intent of the Contr';c: Documents is to include ali items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents a~e comple- mentary, arid what is required by one shaft be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with ifie Contract Docu- ments and re-&sonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shaft nor control the Contractor in dividing the Work among Subcontrac:ors 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 indu.s- try, meanings are used in the Contract Documents in accord- ance with such recognized mearmags. 1.3 OWNERSHIP ANn USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be exec-~ted by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shaft own or claim a copyright in the Drawings. Specifications and other documents prepared by the Amhitect. and unless otherwise indicated the Architect sfiMl be deemed the author of them and will retain all common Law, statutory mad other reserved rights, in addition to the copyright. MI copies of them. except the Commctor's record set, shaft be ~rurned or suitably accounted for to the Architect, on request, upon compleuon of the Work. The Drawings. Specifications mhd other documents prepared by the Architect, ;md copies thereof f~rnisheti to the Contrac- tor. are for use solely with respe~ to this ProiecL They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ect5 or for additions to this Project outside the scope of the 6 A201-1987 Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppfters are granted a limited license to use and reproduce applicable portion~ of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their this license shall Bear the statutory copyright notice, if any, prepared by the Architect. Submittal or distribution to meet in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZAT~N 1.4.1 Terms capitalized in these General Conditions include those which are (1) specillcally de£med, (2~ the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. quendy omit modifying words such as "ali" and "any" and arti- ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified ms such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term -Owner" mc-0.ns the Owner or the Owner's authorrzed representative. 2.1.2 The Owner upon res$onah[e written request shall fi~mish to the Contractor in wriung information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's {ien rights. Such information shall include a correct statement of the record legal title to the property on which the Project ks located, usually referred to as the site, and the Owner's interest therein at the time dj" execution of the Agreement and, within five days after any change, informatkm of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shaft, at the request of the Contractor, prior to execution of the Agreement and promptly/'rom time to tLme there-after, furnish to the Contractor re:ksonabie evidence that financial arrangements have been made to fditift the Owner's obtigattons under the Commct. [Note: Unle~ sad) rea~'onable et'idence were f~trnisDecl on request prtor to ;Pe ~¥ecution o]' 2.2.2 The Owner shall furnish surveys describing physical of the Proiect. and a legal description of the site. shall secure and pay ~br nece-z.sary approvals, e. tsements, assess- of permanent structures or for permanem changes in existing faciliti~. 2.2.4 Irfformation or services under the Owner's control shall be ~umished by the Owner with reasonable promptness to avoid deny in orderly progress of the Work. 2.2.$ Unless otherm'tse provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as arc reasonably necessary for 2.2.6 The foregoing are in addition to other dunes and respon- sinilines of the Owner. enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors}, Ardcle 9 {Payments and Completion) and Az~icle [ 1 (Insurance and Bonds). 2,3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correc~ Work which is not in accordmqce with the requirements of the Contract Documents as required by Pamg~ph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or By :m agent specfficafty so empowered by the Owner in writing, may order the Contrac- tor to stop the Work. or any portion thereof, undi the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the par: of the Owner to exercise this right for the Benefit of the Con- tractor or any other person or entity, except to the extent required by Subparz~gr=ph 6.13. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carp.' out the Work m accordance with the Contract Documents and Fails within a seven-day Ptmod after receipt of writterr'notice from the Owner to commence and continue correcrinn of such default or neglect witll diligence and promptness, the Owner may after such seven-day period give the Contractor a second Whiten notice rd correct such deficiencies within a second seven-ciay penod. [f the Contractor within such second seven- day period al~er receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner ma:,', without preiudice to other remedies the Owner may have. correct such deficiencies. In such case an appropriate 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 sen'ices and e.',rpense:; made neceasary by such default, neglect or failure. Such action by the Owner and a.mounts charged to the Contractor are both subject to prior approval of the Archi- ARTICLE 3 3.1 CONTRACTOR DEFINITION 3.1.1 The Contractor is the person or ennty identified as such AIA DOCUMENT A2~t. · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * c~ I987 THE AMERICAN INSTITUTE OF ARCHiTECtS. 1735 NEW YORK AV[NUE. N ~.. ,~..~SHiNGTON. D.C. _q~Ra) A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3,2.1 The Contractor shall c?efuily study and compare the Contract Documents with each other and with information furnished by the Owner pursu;mt to Subparagraph 2.2.2 and shall at once repor~ to the ,M'chitect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconskstency or omission and knowingly failed to report it to the Ax'chitect. If the Con- tractor performs any constr~cuon activity knowing it involves a recognized error, mconskstency or omkssinn in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable cosrs tbr correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to thc Contractor with the Contract Documents before commencing activities, heroes, inconsistencies or omissions discovered shall be reported to the .~rchitect at once. 3.2.3 The Contractor shall petS)tm the Work in accordance with thc Corm-act Documents and suhminals approved pur- suant to Paragraph 3. l 2. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 Tile Contractor shall supervise and direct the Work. using the Contractors best skill mad attention. The Contractor shall be solely responsthte for and have control over construe- and for coordinating all portion~ of the Work under the Con- roms concerning these matters. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract w~ be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorizedi may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abase, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal we-ar and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment, 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar m.xes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merety scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in thc Contract Documents. thc Comractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspectk)ns necessa~, for proper execudim and completion of the Work which are customarily secured al~er execution of the Contract and which are legalIy required when bids are received or nego- tiations concluded. 3.?.2 Thc Contracn)r shall comply *,ith and give notices required by laws. ordinances, edits, regulations and lawful orders of public authorities bearing on perform, ante of the Work. 3.7.3 It is not the Contractor's responsthilit¥ to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regdia- lions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly noufy the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modificauon. 3.?.4 If the Contractor performs Work knowing it to be con- teary to laws. statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall begat the attributable costs. 3,6 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all by allowances shall be ~upplled for such amounts and by such shall not be required to empk)? persons or entines against which thc Contractor makes reasonable obiecrion. 3,8.2 Unie~s otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be seiected promptly by thc Owner u) avoid delay in thc materials and equipment delivered at the site and all required taxes, less applicable trade discounts: 8 A201-1987 .3 Contractor's costs for unloading and ha~dling at the s~te, labor, installation costs, overhead, profit :md other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and ~lot Lrt the allowarlces; the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2} changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Proiect site during performance of the Work. The superinten- dent shall represent the Contractor, and communicanons given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each co,se. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor. prompdy after being awarded the Con- tract, shall prepare and submit for thc Owner's and Architect's The schedule shall not exceed time limits current under the Contract Docfiments. shall be revised at appropriate intervals as required by the conditions of the Work and Project. shall be related to the entire Proiect to the extent required by the Con- tract Documents. and shall provide for expeditious and pracu- 3.10.2 The Contractor shall prepare ~nd keep current, for the 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of thc Drawings. Specifications. addenda. Change Orders and other Modifications. in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings. Prod- act Data, Samples and similar required submittals. These shall 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, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagr:ans, schedules and other data specially prepared for the Work by the Contractor or 3.12.3 Samples arc physical examples *,hich illustrate by which Ihe Work *,'iii be judged. 3.12.4 Shop Drawings. Product Data, Sm'nples and similar sub- which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.S The Contractor shall review, approve and submit to the Architect Shop Drawings. Product Data. Samples and similar submittals required by the Contract Documents with mason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings. Product Data. Samples or similar submittals until thc respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved suhminals. 3.12.7 By approving and submitting Shop Drawings. Product Data. Samples and similar submittals, the Contractor represents that the Contractor h:~ determined :md verified materials, field measurements and field constructkm criteria related thereto, or will do so, and has checked and coordinated the informatkm contained within such suhminals with the requirements of the Work and of the Contract Documents. 3.19.8 The Contractor shall not he relieved of responsibility fi)r deviations t¥om requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviimon at the time of submittal and thc Architect has given written rags. Product Data. Samples or similar submitt:~ls by the Archi- 3.12.9 The Contractor shall direct specific attention, in writing the Architect on previous submittals, A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not sonabiy withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste mares/als or rubbish caused by operations under the Contract. At completion of the Work the Contractor shaft remove from md about the Project 3.15.2 If the Contractor ~ to d~an up as provided in the thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent fights and shall hold the Owner and 3xchitect harmless infnngement of a patent, the Contractor shall be responsible for such loss unless such information is prompdy f"urnished to the shall indemnify and hold harmless the Owner. Mchitect, Archi- from and against claims, cimmages, losses and expenses, includ- erty (other than the Work itsett) including toss of use resulting anyone directly or indirectly employed by them or anyone for described in this Paragraph 3. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a lion obligation under this Paragraph 3.18 shall not be limited by 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect. the Archi- tect's consultants, and agents and employees of any of them arming out of(l} the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury, or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The .~chitect is the person lawfully licensed to practice architecvare, or an entity lawfully practicing architecture idcn- tiffed as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized represenrative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without wnnen consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the .~chitect, the Owner shall appoint an architect agsmst whom the Con- tractor makes no reasonable obiection and whose status under 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 OF THE CONTFIACT 4.2.1 The Architect will provide administration of the Contract Owner's representative (1) during construction, (2) until f'mal time to time dunng the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the 4.2.2 The Architect will visit the site at intervals appropriate to progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work. when completed, will be in accordance with to check quality or quantity of the Work. On the basis of on- guard the Owner agmnst defects and deficiencies in the Work. solely the Contractor's responsibility as provided in paragraph 10 A201-1987 tractor, Subcontractors, or their agents or employees, or of;my other persons performmg portions of the Work. 4.2.4 Communlcation~ Fac~lltsUng Contract Admini~tra- ton. Except 2s otherwise provided in the Contract Documents or when direct communications have been specially autho- r=ed, the Owner and Contractor shall endeavor to commtmi- cate through the Arcl'titect. Communications by and with the Architect's consultants shall be through the Architect. Commu- dications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and w/th separate contractors shall be through the Owner. 4.2.$ Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not confonm to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authomty to require additional inspection or testing of the gO'ork in accordance with Subpaxagsaphs 13,5.2 and 13.5.3, whether or not such Work is fabricated, instsJied or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shMl g~ve rise to a duty or responsibility of the Archi- tect to the Contractor. Subcontractors, material a~d equipment 7uppilers, their agents or employees, or other persons perform- mg portions of the Work. 4.2.7 The Architect wdl review and approve or tare other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The .~'chitect's action will be taken with such rea. son- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review, Review of such submitmls is not conducted for the purpose of determining the accuracy and compietene~ of other dermis such as dimensions and quantities, or for substantiating insmactions for installation or performance of equipment or systems, ail of which remain the responsibility of Ihe Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tats shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3. I2. The Architect's rewew shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction memqs. methods, techniques, sequences or procgdures. The ~M'chitect's approval of a specific item shall not indicate approval of ;ua 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 assemb[ed by the Contractor, and will isshe a final Certificate for Pavmem ~pon compliance with the requirement~ of the Contract ~)ocuments. 4.2.10 if the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties. responsibilities and limitations of authority of such project representatives shall be as set forth m an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect wdl interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable prompmess and within any rime limits agreed upon. If no agreement is made concemmg the time within which interpretations required of the Architect shall be fur- Dished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect id fi~r- Dish such interpretations until I5 days al}er written request ks made for them. 4.2.12 Interpretations and decisi(~ns of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings, When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show pafrmlitv to either :md will not be Iiable for results of interpretations ~)r decisions so rendered in good froth. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion bv one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the ~erms of the Contract. The term "Clmm" also includes other disputes and m~tters iD ques- tion between the Owner and Contractor axismg out of or relat- ing to the Contract. Claims must be made bv wdtten notice. The responsibility to substantiate Claims sh~ll rest with the party making the Claim. 4.3.2 Decision of Amhitect. Clan'ns, including those adleging an error or omission by the Architect. shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the .~a-chitect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising poor to the date final payment is due. regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the ,~'chitect in response to a Claim shall nol be a condition precedent If} arbitration or litigation in the event (1) the position of Architect is vacant. (2) the .M'chitect ha~ not received evidence or has fa~ed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.~ within 30 days after the Claim is made. (4) -~5 days have passed after the C~im has been referred to the Architect or (5) the CLaim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. CLODS bv either party must be made within 21 days after occurrence of ~he event g~v'ing rise to such CImrn or within 21 days after the claimant first recogn:zes the condition giving rkse to ihe Claim. whichever rs later. Clawns must be made by written notice. ,4an additional Clama made after the initial clatm has been implemented by Change Order will not be considered unless submitted in a t~'nely manner. llA DOCUME[~r ~lo1 * GENEP,~L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION A201-1987 11 4.3.4 Continuing Contract Performance. Pending final reso- fution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of CMims: Final Payment. The making of final payment shaft constitute a waiver of Claims by the Owner except those arising from: .1 liens, Cleans, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 fariure of the Work to comply with the requirements of the Contract Documents; or ,3 terms of special warranues required by the Contract Documents. 4.3.8 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unnsual nature, which dif- fer materially from those ordinarily found to eyJst and generally recognized as inherent in construction activities of the character provided for in the Contract Doct,tment& then notice by the observing party shaft be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contrac:or's cost of, or time required for, performance of any part of Work. will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. [f the Architect determines that the condinons at the s~te are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is ju$tified, the Ax-chitem shall so notify the Owner mad Contractor in wming, stating the reasons, Claims by either party in opposinon to such determination must Be made within 2l days after the ,~rchitect has given notice of the decision, if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time. the adjustment shall be referred to the Architect for initial deter- mination, subject to IMrther proceedings pursuant to Paragraph 4..3.7 Claims for Additional COeL If the Contractor wishes to make Claim for an increase in the Contract Sum. written notice as provided herein shall be given before proceeding to execute the Work. Prior notice :s not required for Claims relating to an emergency endangering life or property arismg under Par-a- graph 10.3. If the Contractor believes additional cost ts involved for reasons including but not limited to (1) a wntten interpretation from the Architect, (2} an order by the Owner stop the Work where the Contractor was not at fault. (3) a war- ten order for a minor change in the Work issued by the Archi- tect. (4) failure of payment by the Owner, (5) termination of the Contract by the Owner. (6) Owner's suspension or (7) other reo,sonahle grounds. Claim shaft be flied in accordance with the procedure established hereto. 4.3.8 Claims for Additional T~me 4.3,5.1 Il' the Contractor wishes to make Claim for an increase in the Contrac~ Time, written notice a$ provided herein shall be g~ven. The Contractor's Clgum shall include ma estimate of cost and of probable effect of delay on progress of the Work. In the case of a continumg delay only one Claim is necessary. 4.'l.g.~ If adverse weather conditions are the basis lbr a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to thc Contract suffe~ injur3, or damage to person or property because of an act or omission of the other p~., of any of the other party's employees or agents, or of others for whose acts such party is legally fiable, wdtten notice of such injury, or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detat[ to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be Fried as provided in Subparagraphs 4.3.7 or 4.3.8, 4.4 RESOLUTION OF CLAIMS AND OISPUTES 4.4.1 The Architect will review Claims and take one or more the following preliminary actions within ten days of receipt of a Claim: { 1) request additional supportmg data l¥om 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 rea.sons 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 ~o. notfl~,, the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim h~s been resolved, the Architect will prepare or 4.4.3 [fa Claim bas not been resolved, the party making the Claim shall, within ten days al~er the Architect's preliminaO- response, take one or more of the following actions: ([) submit addinonai supporting data requested by the Architect, (2) modify the initial Claim nr (3) notify the Architect thgt the initial Clawn stands. 4.4.4 [fa Clmm has not been resolved afrcer consideration of the foregoing and of further evidence presented by the parues or requested by the Architect. the Architect will nodfy the parties in writing that the Architect's decision will be made wRhin seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written dec~sion relatiue to the Claim. including any change in the Contract Sum or Conrtact Time or both. If there is a surety and there appears to be a possibility of a Contractor's dct~ult. the Architect may, but is not obligated [o, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subiect to Arbitration. ,&ny or the breach thereof, shall be settled by arbitration in accor- dance with the Construction industry ,~-bitration Rules of the 12 A201-1987 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5. l, be decided by 2rbitraraon Lq accordance wi~ the Constmcuon Industry Arbitration Rules of the American Arbitration assoc~tion cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitranon shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American .~rbi£rarion Arsociation, and a copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Suhparagsaph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportumty to do so, if the Architect has not rendered a final written pecision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (I) the decision ~ final but subject to arbitration mad (2) a demand tbr arbitration of a Claim covered by such decision mtzst be made within 30 days after the date on which the puny making the demand receives the final written decision, then thilure to demand arbitration within said 30 days' period shall result tn the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision drier arbitration proceedings have been initiated, such decksion may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all purees concerned. 4.5.4.2 A demand for arbitmti()n shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.-~ and Clause 4.5.4.~ as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of [imitatinns as determined pursuant to Paragraph 13.7. 4.5.5 Limitation on Consolidation or Ooinder. No arbitration arising out Of Or reid[trig to the Con£ract Documents shall include, by consolidation or ioinder or in any other manner. the Architect. the Architect's employees or consultants, except by written consent comaimng specific retkrence to the Agree- ment and signed by the Architect. Owner. Contractor and any other person or entity sought rd be joined. No arbitration shail include, By consolidation or ioinder or in any other manner. parties other than the Owner. Contractor. a separate contrac~ tot as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entny other than the Owner. Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additkmal third party to an arbitration whose interest or responsibility is insubstantial. Consem to arbitration with an additional person or enmv duly consented to bv purees to the Agreement shall be specifically ~ntbrceable und&r appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand tBr arbitration mu.st 0.ssert in the demand all Claims then known to that parr2,' on which arbitra- tion is permitted to be demanded. When a party fals to include a Claim through oversight, inadvertence or excusable neglect, or when a Clmm has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.3' ,JudGment on Final Award. The award rendered hy the arbitrator or arbitrators shall Be final, and judgment may be entered upon it in accordmqce with applicable law in my court having iurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor ks a person or entity who h~s a direct consmct with the Contractor to perform a portion of the Work at the site. The term "Subcomracmr" is retkrred to throoghout the Contract Documents as if singular in number and means a Subcontractor or an authonzed 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 enuty who bas a direct or indirect contract with a Subcontractor to pertbrm a portion of the Work at the site. The term "Sub-subcontractor" is ret~rred to throughout the Contract Documents as if singular rlcable after award of the Contract, shall furnish in wn£ing to the Owner through thc Architect the names of persons or enti- ties (including those who am to furnish materials or equipment fabricated to a special design) proposed fur e-ach principal pot- don t)f the Work. The Architect will prompdy reply to the Con- Architect, a/~er duc investigation, has re~onable objection to an:,' such proposed person or entity. Failure of the Owner or Architect to reply promptly shall corrstitute notice of no reason- able obiecuon. 5.2.2 The Contractor shall not contract with a proposed per- sonable and timely objection. Thc Contractor shall not be made re'asonable obiection, 5.2.3 If the Owner or Architect has reasonable obiecuon to a shall propose another to whom the Owner or Architect has m) reasonable objection. The Comract Sum shall be increased or A201-1987 13 5.3 SUBCONTRACTUAL RELATION~ 5,3.1 By appropriate agreement, written where legally required for v~dity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such lights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Doctmaents, h;5 against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor wtll be bound, and, upon written request of the Subcontractor, identtfy to the Subcontractor terms a~d condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall sLmilarly make copies of applicable portions of such documents availabie to their respective proposed Sub-subcontractors, 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 1 ,~,2 and only for [hose subcontract agreements which the Owner accepts by notifying the Subcon- tractor tn writing; and .2 assignment is subject to the prior right5 of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adiusted. ARTICLE 6 CONSTRUC'FION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the light to perform construction or operations related to the Project ~ith the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or oberanons on the site under Conditions 9f the Contract identical or substantially swnflar to these including those portions related to insurmace :md waiver of subrogation. If the Contractor claims that delay or additional cost is involved becau.se of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site. the term "Contractor" in the Contract EX)cuments in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each ~eparate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall pa~[cipate with other separate con- tractors and the Owner in reviewing their construction scbed- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedule$ shall then constiPate the schedules to be u~ed by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner perfom construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same dghrs which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Mticle 3, th~ Article 6 and Articles lO, Il and I2. 6.2 MU'FUAL REEPONSIBILIT'Y 6.2.1 The Contractor shall afford the Owner :md separate con- tractors reportable opport~mity for introduction and storage of theft marerlal$ and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by [he Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of [he Work. promptly report to the Archirect apparent discrepancies or defects in such other COnstr.action that would render it unsuitable for such proper execatiort and results. Failure o~' the Contractor so to report shall constiPate an acknowledgment that the Owner's or sepa- rate contractors' completed or pm'tinily completed construction is fit and proper to receive the Contractor's Work, except as to defects not then re~onably discoverable. 6.2.3 Costs cau.sed by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- hilly cau..ced by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has rectprocai obligations. 6.2.8 The Owner and each separate contractor shall have [he same responsibilities for cutting and patching as are described for the Contractor in Pm'agtaph 3 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 [fa dispute arises among [he Contractor. separate con- tractors a.qd the Owner as ~o the responsibility under their respective contracts for rnamtmrang the premises and surround- ing area free from waste materials mad rubbish Paragraph 3.15, the Owner may clean up md allocate the cost among those responsible as the .~chitect determines co be just. 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after e.xec~- 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 Azchitect; a Construction Chaztge Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in [he Work may be issued by the ,~'chitect alone, 7.1.a Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the ContraC- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Direcnve or order for a minor change in the Work. 7.1.4 If unu prices ~e stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will eau,se substantiM inequity to the Owner or Contractor, the applicable unit prices sha~l he equitably adjusted. 7.2 CHANGE Oki)ERS 7.2.1 A Change Order is a wnncn instrument prepared by ;he Architect and signed by the Owner. Contractor and .&rchitect. stating their agreement upon MI of the following: .1 a change in the Work; .2 the amount of the adiustment in the Contract Sum. if any; and .3 the extent of the adiustment in the Contract Time. if any. 7.2.2 ,Method5 used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUC"FION CHANC~ DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and .~rchitect. directing a change in thc 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 cortsisting of addi- ut)ns, deletions or other revisions, the Contract Sum and Con- tract T~me being adjusted accordin~y. 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 adiustmem to the Contract Sum, the adjustment shall be based .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data ,~o per- sequendy agreed upon: .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subpazagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Direc~ve, the Contractor shall promptly proceed with the change in the Work involved and advL~= the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Stma and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded ~ a Change Order, 7.~.8 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adiustment shall be determined by the Archi- tect on the basis of reasonable expenditures and saving~ of those performing the Work anributable to the change, includ- ing. in case of an increase in the Contract Sum, a reasonable allowance i:or overhead and profit. In such case, and also under CLause 73.3.3, the Contractor shall keep and present, in such form as the .~'chitect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shalI be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fnnge benefits required by agreement or custom, and workers' or workl~/len'5 compensation insurance; .2 costs of materials, supplies :md equipment, includ- ing cost of transportation, whether indorporated or .3 rental costs of machinery :md equipment, exclusive of hand tools, whether rented from the Contractor or .4 costs of premiums for MI bonds and insurance, permu Work: and .5 addition'~l COSt~ ofsupe~'iskm and field office person- nel direcdy attributable to the change. 7,3.7 Pending final determination of cost to the Owner, amounts not in di$pute may be included in Applications for Payment, The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net firmed by the Architect. When both additions and credits change, the allowance for ovemead and profit shall be figured on the basis of net increuse, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the the adjustment or the method shall be re~erred to the Architect 7.3.9 When the Owner :md Contractor agree with the deter- mination made by the &rchi~ect concerning the adjustments tn merit upon the adiustmen~5, such agreement shall be effective immedLately and shall be recorded by preparation and execu- tion of an appropriate Change Order. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work ,not involving adjustment ~ the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time. including authorized adjustments. 'allotted in the Con- tract Documents for Substantial Complemm of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed fl)r whom the Contractor is responsible. 8.1.3 The date of Substantial Complemm is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" a.s used in the Contract Documents shall mean calendar day unless otherwxse specifically uefined. 8.2 PROGRESS AND COMPLE'I'ION 8.2.1 TLme limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement thc Con- for performing the Wt~rk. 8.2.2 Tile Contractor shall not knowingly, except by agree- date of insurance required by Article i i u) be fiarnlsbed by the be changed by the effective date of such insurance. Unless file 8,2.3 The Contractor shall pn)ceed expeditiously with ade- quate tbrces and .~halI achieve Substantial Completion within thc C~mtract TiFne. 8.3 DELAYS AND EXTENSIONS OF TIME ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTFIACT SUM 9.1,1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of walues allocated to various portions of the Work. prepared in such form and sup- ported by such data to subst0.ntiate its accuracy as the Architect may reqmre. This schedule, unless objected to by the &rchitect. shall be used as a basis for reviewing the Contractor's Appiica- uons for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At le~t ten days before the date established lbr e~ch progress payment, the Contractor shall submit to Ibc Architect an itemized Application for Payment for operanous completed in accord~ce with the schedule of values. Such applicanon shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requis~tious from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9,1,1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directive~ but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- payments shall be made on account of materials and equipment delivered and ~,uitahly stored at the site for subsequent incor- payment ma)' similarly be made for materials and equipment Owner's interest, and shall include applicable insurance. 9.3.3 Thc Contractor warrants [hat title [o all Work covered by an Application fi)r Payment will pass to thc Ov,'ner no later than which Certificates fi)r Payment have been previotksly issued provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9,4.1 The Architect will, within seven days after receipt of thc 16 A201-1987 Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's r~asons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9,4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner. based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the .~chitect's knowl- edge. information and belief, quality, of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are sublect to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed, by the M'chitect. The issuance of a Certificate for Payment will fi:rther constitute a represenmnon 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 (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construcuon means, methods, techniques, sequences or procedures. (3) reviewed copies of reqmsitions received from Subcontractors and material suppliers and other data requested by the Owner to suhstantlate the Contractors right to payment or (4) made examination to ascertain how or for what purpose the Commc- tor has used money previously paid on account of the Contracr Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certifT payment mad may withhold a Certificate for Payment in whole or in part. to the extent reasonably necessary, to protect the Owner, if in the Archimct's opinkm the representations m the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to cemfy payment in the amount of the Application, the Architect will notif7 the Commctor and Owner = provided in Subparagraph 9 4.1. [f 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 ,~-chitect is able to make such representanons to the Owner. The Archi- may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 detective Work not remedied; .2 third party claims Hied or reasonable evidence indicat- ing probable filing of such claims: .3 fmlure of the Contractor to make payments prop- erly to Subcontractors or fi}r labor, matedals or eqmpment; .4 re:~sonahle evidence that the Work cannot be com- pleted for thc unpaid balance of the Contract Sum; .~ rea.sonahle evidence that the Work will not he com- pleted within the Contract Time, and that the unpaid liquidated damages ~r the anticipated deny; or 9.5.2 When the above reasons for withholding cemfication are removed, certification will be made for amounts previously 9.6 PROGRESS PAYMENTS 9.6.1 ,after the Architect has issued a Certiticate for Payment. the Owner shall mare payment in the manner mad within the twne 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 por- tion of the Work. the amount to which said Subcontractor is enttded, reflecting percentages acm,ally ret. dined 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 mare payments to Sub-subcontractors in similar manner. 9.6.3 The Architect will, on request, f~mish to a Subcontrac- tor, if practicable, informatinn regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architec: and Owner on account of por- tions of the Work done by such Subcontractor. 9.8.~ Neither the Owner nor .~rchitect shall have an obligation to pay or to see tO the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2.9.6,3 and 9.6.q. 9.6.6 A Certificate for Payment. a progress payment, or partial or entire use or occupancy of the Proiecr by the Owner shall not constitute acceptance of Work not in decor 'd:mce with the Commct Documents. 9.7 FAILURE OF PAYMENT 9,7.1 if the Architect does not issue a Certificate rbr Payment. through no ~auit of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the , Owner does not pay the Contrac[or within seven days after the tified by the ,4rchitect 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 Comract Time shall be extended approphateiy and the Contract Sum shall be shut-down, delay and start-up, which shall be accomplished as provided in :Lrticle 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress or' the Work when the Work or designated portion thereof is suffi- so the Owner can occupy or utilize the Work for its intended use. uon thereot' which the Owner agrees to accept separately, 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- complete ail Work in accordance with the Contracr Docu- ments. Upon receipt of the Contractor's llst. the Architect will mare an inspection to determine whether the Work or destg- A201-1987 17 hated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substant~ 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- stantial Completion, shall establish responsibilities of the damage to the Work and insurance, and shall fix the time within which the Contractor shall ~nish all items on the list accompanying the Certificate. Warnmties required by the Con- Completion of the Work or designated portion thereof unless other~vise provided in the Certificate of 5ubstant~ Comple- tion. The Certificate of Substantial Completion shall be sub- 8.8.3 Upon Substantial Completion of the Wo~ or designated 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or pax'- insurer as required under Subparagraph l 1.3. l l and authorized by public authorities having junsdiedon over the Work. Such portion is substantially complete, provided the Owner and prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consem of the Contractor to partial occu- pancy or use shall not be unreason~ly withheld. The stage of the progress of the Work shall be determined by written agree- 9.9.2 Immediately prior to such partial occupancy or use. the Owner. Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and recurd the condition of the Work. 9.9.3 Unless otherwise agreed upon, paimal occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment. the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a Final Certificate for payment stating that to the best of the .-Lt-chitect's knowledge, informauon and belief, and on the basis of the Architect's observations and inspections, the Work h= 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 representarton that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to f'mal payment have been fulfflIed. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor subrmts to the Architect (I) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after Cma] payment ks currently in effect and will not be Cmqcefled or allowed to expire until at least 30 days~ prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of ilo 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 f'mal payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as recmpts, releases and waivers of liens, dawns, security interests or encumbrances arming out of the Contract. to the extent and in such tbrrn as may be designated by the Owner. Ifa Subcon- tractor refuses to furnish a re!esse or wmver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner agmnst such lien, ff such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that ihe Owner ma}' be compelled to pay in discharging such lien. including all costs and reusonabie attorneys' fees. 9.10.3 if, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no ~hult of the Contractor or by issuance of Change Orders affecting Canal completion, and the tM'chitect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect. and without terminating the Contract. make payment of the balance due for that portion of the Work fully completed and accepted. [f the remaining balance for Work not fufly com- pleted or corrected is less than retmnage stipulated in the Con- tract Dooaments. and if bonds have been Pamished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shaft be submit- ted by the Commctor to the Architect prior to certillcarion of such payment. Such payment shall be made under terms and conditions governang final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a wmver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor. a Sub- contractor or material supplier shall constitute a wmver of cfmms by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. 18 A201-1987 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SA~-=; 'r' PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, rotan- taming 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 polychlormated 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 lhct the material is asbestos or polychlorinated biphenyl (PCB) and has not Been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- hated biphenyl (PCB), or when it has been rendered harmless, hy written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article - to pertDrm without consent any Work relating to asbestos or polycblorinated biphenyl (PCB). 10.1.4 To the f~llest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect. Archi- tect's consultants and agents and employees of any of them from and against clan'ns, drwnages, losses and expenses, includ- ing but not Limited to attorneys' fees. imsing out of or resulting from performance of the Work in the affected area if in l~qct the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is atmbutable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage. Mss or expense is caused in part by a party indemnified hereunder. Such obligation ~hall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4, 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Comractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on thc Work :md other persons who may be affected thereby; .2 the Work and materials and eqmpmem to be incorpo- .3 other property at the s~te or adjacent thereto, such trees, shrubs, lawns, walks, pavements, roadways. 10.2.2 The Contractor shall give not;ces and comply with applicable laws. ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection tTom damage, injury, or loss. 10.2.3 The Contractor shaft erect and maintain. = required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and udiities. 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.$ The Contractor shall promptly remedy damage and loss (other than clacnage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor. a Sub-subcontractor, or anyone directly or indirectly employed by any of them. or by anyone for whose acts they may be {iable :md for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acrs or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them. or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.8 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and ArchitecL 10.2.7' The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting sar'ely of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened clamage, iniury or loss. Additional compensa- of an emergency shall be determined as provided in Paragraph °,.3 and Article 7 ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S MASILITY iNSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurtsdiction tn wthch the Project is located such insurance as will protect the Contractor from claims set forth below which under the Contract and i'br which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them. or by anyone for whose acrs any of them ma5' be liable: disabdity benefit and other sim~ar employo: benefit acrs wMch are aplalicab[e to the Work to be performedi A201-1987 19 .2 claims for damages because of bodily iniury, occupa- tional sickness or disease, or death of the Contractor's employees: .3 claims for damages because of bodily injury, sickness or disease, or death of:my person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor. or (2) by another person: .5 claims for damages, other than to the Work itself. because of injury to or destruct/on of tangible prop- erty, including loss of use resulting therefrom; .6 clauns for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable Id the Contractor's obligations under Paragraph 318. 11.1.2 The insurance required hy Subparagraph l 1.1.1 shall be written lbr not less tban limits of liability specified tn the Con- tract D()cuments or required By law. whichever coverage is greater. Coverages. whether written on an occurrence or claims-made basis, shall be maintained without interrupfion from date of commencement of ~be Work until date of final payment and termination of any coverage required to be m:nn- rained alter final payment. 11.1.3 Certificates of Insurance acceptable to the Owner sh'all be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contmn a provtsion that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice fias been gxven to the Owner. If any of the foregoing insurance coverages are required to remmn in force after final payment and are reason- ably avmlable, an additional certificate evidencing conunuarion of such coverage shaiI be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be 6arntshed By the Contractor with reusonabIe promptness in accor 'dance with the Contracn)r's intbrmation and belief. 11.2 OWNER'S UABlUTY INSURANCE 11.2.1 The Owner shall be responsible tbr purch~ing and mmntaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection ag:.unst clmms which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this opfional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless other~x, ise provided, thc Owner shail purchase and maintain, tn a company or companies lawfully authorized to do fiusiness in the jurisdiction in which the Proiect is untary deductibles. Such property insurance shall be main- or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final pin,'mem has been made :rs pruvided in Paragraph 9. Ill or until no person or enmy other than the Owner has an insurable interest in the property required by this Paragraph I 1.3 to be covered, whichever (s earlier. This insurance shall include interests of the Owner, the Contractor. Subcontractors :md Sub-subcontractors in the Work. 11.3.1.1 Property insurance shall be on an ail-risk policy form and shall insure agmnst the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work. temporary buildings aaa debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 if the Owner does not intend to purchase such prop- erty insurance required by the Contract and v.,-ith all of the coverages in the amount described above, the Owner shall so inform the Contractor m wnnng prior to commencement of the Work. The Coruractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work. and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is d:wnaged by the fmlure or neglect of the Owner to pur- n,)tit~,.ing thc Contractor. then the Owner shall bear all reason- able costs properly attributalvle thereto. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- such deductibles. If the Owner or ~nsurer increases the required mmwnum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for pa~.:ment of voluntary deductibles. If deductibies are not identified in the because of deductibles. 11.3.1.4. Unless otherwise provided in the Contract Docu- value established in the approval, and also portions of the Work in transit. 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by la':'.', which shall specifically cover such insured objects duhng installation and until ill'iai acceptance by the Owner: this insurance shall include ~hail be atoned insured,s. 11.:I.3 LOSS of Use Insurance. Tfie Owner. at the Owner's of the Oxvner s property, including consequential losses due to risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 20 A201-1987 11.3.5 If during the Proiect construction period the Owner insures properties, re-al or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Proiecr, or if after final payment prop- erty insurance is to be provided on the completed Proiect through a policy or policies other than those insuring the Proi- ect during the construction period, the Owner shall waive all rights m accordance with the terms of Subparagmpb 11.3.7 for damages caused by tire 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 Betbre an e:'q~osure to loss may occur, the Owner shall Fie with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph t 1.3. Each policy shall contain afl generally applicable conditions, defini- tions, exclusions and endorsements related to this Project, Each policy shall contain a provision that the policy will not be cancelled or allowed to expire unnl at least 30 days' prior writ- ten notice has been g~ven to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor wmve afl rights against (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Mchitect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered bv property insurance obtained pursuant to this Paragraph 11.3 other property insurance applicable to the Work. except such rights as they have to proceeds of such insurance held bv the Owner as fiduciary The Owner or Contractor, as approp}iare. shall require of the Architect, .architect's consultants, separate contractors described in Article 6. if any. and the subcontrac- tors. sub-subcontractors, agents and employees of any of them. by appropriate agreements, written where legally required tbr vafldity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwkse. A waiver of subrogation shall be effective as to a person or entxty even though that per- son or entity would otherwise have a duty of indemnification. contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adiusted by the Owner as tiduciarv and made payable to the Owner as fiduciary tot the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph I 1.3.10. T~e Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and bv appropriate agreements, written where legally required R)r ,~alidity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence 6f an insured toss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceed~ received as fiduciary,. The Owner shall deposit tn a separate account pro- reeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach. or in accordance with am arbitration award in which ~ase the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made. replacement of dam- aged property shall be covered by appropnare Change Order. 11.3.10 The Owner as fiducmry shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall obiect in writing within five days after occurrence of loss to the Owner's exerczse of this power; ff such objection be made, arbitrators shall be chosen as provided in Paragrapb 4.5. The Owner as fiduciary shaft, in that c:zse, make settlement with insure~ in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required. the arbitrators will direct such distribution. 11.:t. ll Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shaft take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would came cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covenng pavment of obliga- uons arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing bv the Architect, be uncovered for the Architects observation arid be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portinn of the Work has been ctwered which the Architect h~ not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. ti" such Work is in lng and replacement shall, by appropriate Change Order. be unless the condition was caused by the Owner (St a senarate contractor in which event the Owner shall be responsil~le for 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly c(~rrect Work reiected Substantial Completinn and whether or not t;abricated, instaflcd such rejected Work, including additional testing and inspec- 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date A201-1987 21 for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warrant,,, required by the Contract Documents, any of the Work is foun~l to be not th accordance with the requ~ements of the Contract Documents, the Contractor sh:~ correct it promptly a~er receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- £ance of such condition. This period of one ve'~r si'mil be extended with respect to portions of Work ~irst performed a~ter Substantial Completion by the period of ume between Substan- tial Completion and the actual performance of the Work. Th~s obligation under thts Subparugraph 12.2.2 sbali survive accep- t.'mce of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly a~er dJs- coverT' of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fan to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such noncontlarming Work within a re=son- able tame fixed by written notice from the Architect, the Owner may remove it mad store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction 6r at private sale and shall account for the proceeds thereof, after deducting costs and drainages that should have been borne by the Con- tractor, including compensation for ~he Architect's s~rvicgs and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall he rectuced bv the deficiency. If payments then or thereafter due the Contra6tor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cos( of correcnng destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused Dy the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Pumgraph 12.2 shall be con- strued to establksh a period of limltatlon with respect to other ohligstions 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 spe~zfic obligation of the Contractor to correct the W~rk, and has no relationship ~o ,~-~e ~ime within which the obligation ro comply with the Contract Documents may be sought to be enforced. nor to the time within which proceedings may be commenced to estahlish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 It' the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal :md cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adiustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCF-LL. ANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shal~ be governed by thc law of the place assigns :md legal representatives of such other pm'~y in respect acceptable to the Owner. and the Contrac:or shall ~i'.'e timely' 22 A201-1987 The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.8.3 if such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal fmlure of the portions of the Work to comply with requirements established by the Commct Documents, the Contractor shall bear all costs made necessary, by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents. the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shaft bern- interest from the date payment ks due at such rate as the parties may agree upon in writing or, in the absence therenf, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 ,~ between the Owner and Contractor: .1 Befor~ Substantial Comptetion..~ to acts or i'Mlures to act occurring prior to the relevant date of Substan- tial Completion. any applicable statute of limitations .2 Between Sulastanflal Completion and Final Certifi- Completion and prior to issuance of thc final Cerrifi- .3 After Final Certificate for Payment ,~s ro acts or :my warranty provided under Paragraph 3.5, the date to perform any duty or obligation by the Contractor ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Commctor 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 rea.sons: .1 issuance of an order of a court or other public author. ity having jun.Sdiction; .2 an act o f government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate tbr Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4. i, 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, detays or interruptions by the Owner as descdbed in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .$ the Owner has failed to furnish 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' wrmen notice to the Owner a~d Architect, terminate the Contract and re~over from the Owner payment for Work executed and for proven loss with respect :o materials, equipment, tools, and construction' equipment and machinery, including reasonable overhead, profit and danaages. 14.1.~1 If the Work is stopped for a period of 6{) 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 fi~lfilI the Owner's obligations under the Contract Documents with respect to matters impor- tam to the progress of the Work. the Contractor may, upon seven additional days' written nouce 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 [erminate the Contract if the Contractor: ,1 persistently or repeatedly ret~ses or thiis to supply enough properly skilled workers or proper materials: .2 fads to make payment to Subcontractors tbr materials .3 persistently disregarcis laws, ordinances, or rules, reg- .4 otherw~e is guilty of substamial breach cfa provision 14.2.2 When any of the above reasons e.'Ctst, the Owner, upon certification by the Architect that sufficient ca.se e.-~ts to ius* All DOCIJMENT ~201 · GENEIL~I. CONDITIONS OF THE CONTR~.CT FOR CONSTRUCTION · FOURTEENTH EDITION A201-1987 23 tify such action, may without preiudice to any other rights or remedies of the Owner and after g/ving the Contractor and. thc Contractor's surety., if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of die site and of all materm~, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .:' accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 Finish the Worl( by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, die Contractor shall not be entitled to receive further payment until the Work is Finished. 14.~.4 If die unpmd balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. [f such 'cOStS exceed the unpmd b',flance, the Contractor shall pay the difference to the Owner. The amount to be prod to the Contractor or Owner, as die case may be, shall be certified by the M'chitect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order die Contractor m writing to suspend, delay or interrupt the Work in whole or Ln part for such period or' time as the Owner may determine. 14.3.2 .~ adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adiustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adiustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 WARNING: Unlicensed pttotocol~ytng violate. U.S. cop/fight laws and is subject to It~Jal prosecution. 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 clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: 11.1.2 ADD: (1) Premises - Operations .. (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. the ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $100,000. .2 .3 Comprehensive General Liability (Including Premises Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence $1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $ 1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: THE A ERIC N INSTITUTE OF ARCHITECTS AIA Document A377 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and, as Surety, hereinafter called Surety, are held and firmly bound unto " a~ Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHERFAS, Contractor has by written ag?eement dated 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 1 PERFORMANCE BOND NOW. THEREFORE, TH[ CONOITION OF THIS OgLICATION iS such that, if Contractor shall promptly and ~ailhfuJly perform said Contract, ~hen this obligation shall be null and void; otherwise it shah remain m iuil torce and effect. The Sure~y hereby waives notice of any alteration or extension oi Ume made by the Owner. Whenever Contractor shall be, and declared by Owner (o be in deiault under the Contract, the Owner having: performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 7) Complete-the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of :he lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arran§e for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under Ihe contract or contracts of completion final payment under the Contract falls due. Signed and sealed this day ot 19 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A371 Labor and Material Payment Bond KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Principal, and, as Surety, hereinafter called Surety, are held and firmly bound unto ,' as Obiigee, hereinafter called Owner, For the use and benefit of claimants as hereinbelow defined, in the amount of For the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, Firmly by these presents. WHEREAS, Principal has by written agreement dated 19 , entered into a contract with Owner for in accordance with [Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 3 LABOR MATERIAL PAYMENI OND 1. A claimant is defined as one having a di~'ect con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or bolh, used or reasonably required for Use in lhe performance of the Contract. ~abor and material being construed to include that part of water, gas, power, light, heat, oii, gasoline, teiephone service or rental of equtpment directly applicable ~o ~he Con~ract. 2. The above named Principal and Surely hereby joindy and severally agree wi~h Ihe Owner tho ever~ cJaimant as herein defined who has not been paid in full before the expiration of a period of mnety (90} days after the date or~ which /he last oi sGch claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit ~o final iudgment for such sum or sums as may be iustly due claimant, and have execution thereon. The Owner shatl not be liable for Ihe payment of any costs or expenses of any such su~t. 3. No suit or action shall be commenced hereunder by any claimant: al Unless claimant, other than one having a direct contract with the Principal, shall have g~ven written notice :o any two of the Follow ag: the Principal, the Owner, or the Surety above named, within ninety 190) days a/tee such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substanlial the work or labor was done or performed. Such notice shall be serYed by mailing the same by registered mail or certified mail, postage prepaid, in an envetope ad- dressed to :he Principal. Owner or Surety, at an,/ place legal process may be se~ed in the slale in which the not be made by a public officer b) After the expiration of one ('~) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permilted by such law. c) Other Ihan ;n a state court of competent jurisdiction in and for Ihe county or other political subdivision of the state in which t~e Proiect, or any part Ihereof, is situated, or in the United States District Court for ~he district in which the Project, or any part thereof, is sit- 4. The amount of this bond shall be reduced by and to Ihe extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record agains said improvement, whether or not ctaim for the ~mount Of Such lien be presented under and against this bond. S'igned and sealed this day of 19 4 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Conlractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , (Owner/Con[racting Agency) , and JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. and any admittance or IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its affixed and duly attested by and its corporate seal to be hereto its this day of ,19__ Attest: Principal: PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNT~ EXECUTIVE TO: FROM: DATE: RE: All Consortium Members Olga V. Turner, Program Technician ~// January 7, 1997 Federal Wage Rate Schedules Enclosed please find a copy of the Federal Wage Rate Schedule # NY 964 13 with Modification # 11 issued January 3, 1997. This schedule is to be used for all Community Development projects in excess of $2,000. and should be inserted in both bid documents and contracts. Any previous wage rate schedule is now obsolete and should be discarded. If you have any questions regarding the above, please do not hesitate to call me at 853-5705. OVT:ovt Enclosure ~20 RABRO DRIVE P.O, BOX 6100 {~16) 1953-5705 General Decision Number NY960013 Superseded General Decision No. NY950013 State: New York Construction Type: BUILDING HEAVY HIGHWAY RESIDENTIAL County(les): NASSAU SUFFOLK BUILDING CONSTRUCTION PROJECTS, RESIDENTIAL CONSTRUCTION PROJECTS (including single family homes and apartments up to and including 4 stories), HEAVY CONSTRUCTION PROJECTS, HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/15/1996 1 07/05/1996 2 08/02/1996 3 08/30/1996 4 09/13/1996 5 09/20/1996 6 10/25/1996 7 11/01/1996 8 11/08/1996 9 11/22/1996 10 11/29/1996 11 01/03/1997 RECEIVED SUFFOLK' COUNTY COMMUNITY JAN 7 997 220 RABRO DRIVE ~AUPPAUGE, N.y. 117B8 NY96~13 1 01/03/1997 COUNTY(ies): NASSAU SUFFOLK ASBEO012A 07/01/1996 Rates Fringes ASBESTOS/INSULATOR WORKERS: SCOPE OF WORK: includes application of all insulating materials, protective coverings, coatings and finishing to all types of mechanical systems. 29.520 14.75 BOIL0005A 09/02/1995 BOILERMAKER FOOTNOTE: Rates Fringes $31.35 3.40+47%+a a. PAID HOLIDAYS: New Years Day, Thanksgiving Day, Memorial Day, Independence Day, Labor Day and Good Friday, Friday after Thanksgiving, Christmas Eve Day and New Years Eve BRNYOOO1A 07/01/1996 Rates Fringes BRICKLAYERS $30.77 ..... 14.36 CARP0017P 07/01/1995 Rates Fringes CARPENTERS: Nassau County (Remainder of County): 27.98 ....... 17.20 CARP0740A 01/01/1996 Rates Fringes MILLWRIGHTS 28.53 18.91 Fringes 27.30 16.82 CARP1093A 07/01/1995 CARPENTERS: Rates Nassau County (except that part South of the Southern State Parkway West of Seaford Creek, also smithtown Islip line on the East, Long Island Sound on the North and Middle Island RR track on the South: Carpenters; Acoustical; Drywall Installers: Building NY96~0,13 - 2 01/03/1997 Heavy & Highway 28.41 16.82 CARP1222A 01/01/1996 CARPENTERS: Suffolk County: Building Heavy & Highway Residential Rates Fringes 31.90 13.29 31.90 13.29 22.05 10.18 RESIDENTIAL CONSTRUCTION: Work in connection with alteration and/or repair of all residential units on housing, whether singular or multiple, condominiums, town houses and walk-up garden apartments not to exceed three (3) stories and wich are non-elevator structures;it shall also cover the receiving, fastening and putting in place of all modular units when used for construction of the above referenced units, regardless of from what material they are made such as wood, masonry metal or plastic. Hi-rise apartments, motels, nursing homes and other institutional type living facilities are not covered under residential construction. CARP1456J 07/01/1995 DIVERS DIVERS TENDERS DOCKBUILDERS PILEDRIVERMAN SOFT FLOOR LAYERS PAPERHANGERS Rates Fringes 34.05 17.20 25.56 17.20 27.98 17.20 27.98 17.20z 27.98 17.20 23.88 10.48 * ELECO025B 01/01/1997 ELECTRICIANS Rates Fringes 31.35 18.19 LINE CONSTRUCTION: Lineman, Technician, Heavy Equipment operator, Truck Driver & Groundman 31.35 18.19 ELEC0025C 05/01/1996 ELECTRICIANS: Rates Fringes Wiring or single or multiple family dwellings and apartments up to and including 2 stories 21.20 37-1/2%+2.08 Maintenance Unit 24.65 35-1/2%+2.38 Telephone Unit 23.50 47-125%.27 NY960013 - 3 01/03/1997 ELEV0001B 07/01/1995 ELEVATOR MECHANICS (New Construction) ELEVATOR MECHANICS (Modernization and Repair) Rates Fringes 31.31 9.51+a 27.33 9.37+a FOOTNOTE: a. PAID HOLIDAYS: New Year's Day, Lincoln's Birthday, Washington,s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. PAID VACATION: Employer contributes 8% of regular basic hourly rate as vacation pay for employees with more than 5 years of service, and 6% for employees with less than 5 years of service ENGI0138A 06/01/1996 Rates Fringes BUILDING CONSTRUCTION GROUP 1 29.47 18.68+a GROUP 2 24.91 18.68+a GROUP 3 26.87 18.68+a GROUP 4 24.79 18.68+a GROUP 5 23.75 18.68~a NOTES: Hazmat premiums: Oiler on truck cranes with boom 100 ft. or more FOOTNOTE: Level A 3.00 Level B 2.00 Level C 1.00 length of .25 a. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Lincol ,s Birthday, Washington,,s Birthday, Columbus Day, Election Day, and Veterans Day. POWER EQUIPMENT OPERATOR CASSIFICATIONS GROUP 1: Asphalt spreader, backhoe crawler capacity over cater- piller 225 and lomatsu 300, Boiler (thermoplastic), Cherry picker, over 50 tons, CMI or maxim spreader, concrete pump (with oiler), crane (crawler truck), crane (on barge), crane (stone setting), crane (structural steel), crane (with clam shell), derrick, dragline, dredge, gradall, grader, hoist (3 drum), loading machine (bucket) cap of 10 yds or over micro-trap, with NY96~13 4 01/03/1997 compressor (negative air machine), milling machine, large pile driver, power winch, Stone setting/structural steel, power winch (truck mounted/stone steel) powerhouse, road paver scoop, carry-all, scraper in tandem shovel, sideboom tractor, sideboom tractor (used in tank work), stone spreader (self propelled tank work), zamboni (ice machine) GROUP 2: Backhoe, boom truck, bulldozer, cherypicker, conveyor (multi), dinky locomotive, forklift, hoist, 2 drum, loading machine, loading machine (front end) mechanicl compactors, (machine drawn), mulch machine (machine-fed), power winch, other than stone/structural steel, power winch (truck mounted other than stone steel) pump (hydraulic, with boring machine), roller, (asphalt), scocp (carry-all scraper), tower crane (maintenance man), trenching machine GROUP 3: Comrpessor (structural steel), Compressor (2 or more ~n battery), concrete finishing mchine, concrete spreader, conveyor, curb machine (asphalt or concrete), curing machine, fireman, hoist (1 drum), micro-trap, (self contained, negative air machine), pump (4 inches or over), pump (hydraulic), pump (jet), pump (sumbersible), pump (well point), pulvi-mixer, ridge cutter, roller (dirt), striping machine, vac-all, welding and burning, welding machine(pile work), welding machine (structural steel) GROUP 4: Compressor, compressor (on crane), compressor (pile work), compressor (stone setting), concrete breaker, concrete saw or cutter, forklift (walk behind, power operated), generator~pile work, generator, hydra hammer, mechanical compactors (hand operated), oiler (truck crane), pin puller, portable heaters, powerbroom, power buggies, pump (double action diaphgrgm), pump (gypsum), trench machine (hand), welding machine GROUP 5: Batching plant (on site of job), generator (small), . mixer (with skip), mixer (2 small with or without skip), mixer'(2 bag or over, with or without skip), mulch machine, oiler, pump (centrifugal, up to 3 inches), root cutter, stump chipper, tower crane (oiler), tractor (caterpillar or wheel vibrator) ENGIO138B 06/01/1996 Rates Fringes POWER EQUIPMENT OPERATORS HEAVY AND HIGHWAY CONSTRUCTION GROUP 1 30.30 18.68 + a GROUP 2 28.22 18.68 + a GROUP 3 27.18 18.68 + a GROUP 4 25.10 18.68 + a GROUP 5 24.06 18.68 + a GROUP 6 22.09 6.55+10% NY9600~3 - 5 01/03/1997 NOTES: Hazmat premiums: Level A 3.00 Level B 2.00 Level C 1.00 Truck and Crawler Cranes long boom premiums: boom lengths (including jib) 100-149 ft boom lenghts (including jib) 150-249 ft boom lenghts (including jib) 250-349 ft boom lengths (including jib) 350 ft Cranes using clamshell buckets Front end loader 10 yds and above Oiler on truck cranes with boom length of 100 ft. or more FOOTNOTE: a. Paid Holidays: New Years Day, Memorial Labor Day, Thanksgiving Day, Christmas Day, Washington,s Birthday, Columbus Day. .5O .75 1.00 1.50 .25 .25 .25 Day, Independence Day Lincoln's Birthday Day, Election Day and Veterans,s POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Asphalt spreader, backhoe crawler (capacity over caterpiller 225 and komatsu 300), boiler (thermoplastic), boring machine (post hole), cgherry picker (over 50 ton), CMI or maxim spreader, concrete pump, with oiler, crane (crawler truck), crane (on barge), crane (stone setting) crane (structural steel)/, crane (with clam shell), derrick, dragline, dredge, gradall, grader, hoist (3 drums), loading machine (bucket) capacity of 10 yards or over, micro-trap (with compressor-negative air machine), milling machine (large), piledriver, power winch (stone setting structural steel), power winch (truck mounted/stone steel), power-house, road paver, scoop, carry all (scraper in tandem), shovel, sideboom tractor, sideboom tractor (used in tank work), stone spreader (self-propelled), tank work, tower crane GROUP 2: Bulldozer, Backhoe, Boom Truck, Boring machine/augur, Cherrypicker, Conveyor (multi), Dinky Locomotive, Forklift, Hoist (2 drum), Loading Machine, Loading Machine (front end), Mechanical Compactor (machine drawn), Mulch Machine (machine- fed), Power Winch (other than stone/structural steel), Power Winch (truck mounted/other than stone steel), Pump Hydraulic (with boring machine), Roller (asphalt), Scoop (carry-all, scraper), Tower Crane (maintenance man), Trenching Machine, Vermeer Cutter, Work Boat GROUP 3: Curb Machine (asphalt or concrete), Maintenance Engineer (small equipment), Maintenance engineer (well-point) Mechanic (fieldman), Micro-Trap (self contained, negative air machine), Milling Machine (small), Pulvi-mixer, Pump (4 inches or over), Pump Hydraulic, Pump Jet, Pump Submersible, Pump (well point), Roller Dirt, Vac-All, Welding and burning, Compressor NY960013 - 6 01/03/1997 (structural steel), Compressor (2 or more battery), Concrete Finishing Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (one drum), Ridge Cutter, Striping Machine, Welding Machine (pile work), Welding Machine (structural Steel). GROUP 4: Compressor, Compressor on crane, Compressor (pile work), Compressor (stone setting), Concrete Breaker, Concrete Saw or Cutter, Fork Lift (walk behind, power operated), Generator- Pile Work, Generator, Hydra Hammer, Mechanical Compoactors (hand operated), Oiler (truck crane), Pin Puller, Portable Heaters, Powerbroom, Power buggies, Power Grinders, Pump (double action diaphragm), Pump gypsum, Pump (single action 1 to 3 inches), Trench Machine hand, Welding Machine GROUP 5: Batching Plant (on site of job), Generator (small), Grinder, Mixer (with skip), Mixer (2 small with or without skip), Mixer (2 bag or over, with or without skip), Mulch Machine, Oiler, Pump (centrifugal, up to 3 inches), Root Cutter, Stump Chipper, Tower Crane (oiler), Track Tamper (2 engineers, each), Tractor (caterpillar or wheel), Vibrator, Work boat (deckhand), GROUP 6: Well drillers tRON0040A 07/01/1996 NASSAU COUNTY Rates Fringes IRONWORKERS (STRUCTURAL) 26.75 .... 29.03' IRON0046C 07/01/1996 Rates Fringes IRONWORKERS (METALLIC LATHERS) 30.07 ........... 15.70 IRONO197A 07/01/1995 Rates Fringes IRONWORKERS (STONE DERRICK~AN) 28.59 ............. 20.12 IRON0361A 07/01/1996 SUFFOLK COUNTY Rates Fringes IRONWORKERS (STRUCTURAL) 26.75 29.03 IRON0580A 01/03/1996 Rates Fringes IRONWORKERS (ORNAMENTAL) 26.30 21.25 ~ABO0066A 07/01/1995 NY96Qq13 - 7 01/03/1997 LABORERS: BUILDING Laborers Plasterers tenders Rates Fringes 22.35 11.38 22.35 11.38 LABO0999M 06/01/1996 Rates Fringes Asbestos Removal Workers 18.00 4.00 LABO1298P 06/01/1996 Rates LABORERS (HEAVY & HIGHWAY): Asphalt rakers; Concrete; Curb Formsetters Fringes Asphalt Shovelers & Roller Boys Tampers Unskilled Laborers Hazardous Material Handlers FOOTNOTE: 23.92 10.17+a 23.37 10.17+a 21.57 10.17+a 25.88 10.17+a a. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day, Martin Luther King, Jr. Birthday, Washington"s Birthday, (If employee works the Holiday it is double time. If employee does not work the Holiday, the employee receives 2 hours additional pay for each day he works in the holiday week). PAIN0009C 06/01/1995 Rates Fringes IN NASSAU INWOOD, LAWRENCE, CEDARHURST, WOODMERE, HEWLETT, HEWLETT BAY, hEWLETT NECK, HEWLETT PART, EAST ROCKSEAY, PART OF OCEANSIDE, PART OF LYNBROOK, PART OF LOOKOUT, GIBSON, AND PART OF VALLEY STREAM Brush and Roller 24.00 10.32 Spray and Scaffold 29.14 12.52 Fire Escape 27.43 ........... 11.79 PAtN1087A 07/01/1995 NY960913 - 8 01/03/1997 GLAZIERS: Rates Fringes Glaziers 27.85 13.52 PAIN1486A 04/01/1995 Rates Fringes NASSAU (RE~CAINDER) AND SUFFOLK PAINTERS: Painters & drywall finishers Spraying, Hanging or rolling scaffold 20" and over and sandblasting; Structural steel Repaint of hospitals, schools and apartment houses 23.88 11.40 26.35 11.40 31.46 11.40 20.89 10.39 * PAIN1974B 01/01/1997 Rates Fringes DRYWALL TAPERS/POINTERS 29.74 PLAS0060B 07/05/1995 Rates Fringes IN NASSAU FROM FLUSHING BAY ON TH WEST GOING SOUTH TO THE CROSSING OF INTERSTATE 678 AND CONTINUING SOUTH TO THE LONG, ISLAND EXPRESSWAY (INTERSTATE 495), EAST TO THE NASSAU-SUFfOLK LINE, NORTH TO THE LONG ISLAND SOUND PLASTERERS 24.05 ........... 13.99 PLASO202A 07/01/1996 Rates Fringes ALL OF SUFFOLK AND SOUTH OF THE LONG ISLAND EXPRESSWAY IN NASSAU PLASTERERS 24.50 ............ 14.57 PLASO780A 07/01/1995 Rates Fringes CEMENT MASONS 29.35 ............. 13.47 PLUM0200A 05/01/1995 PLUMBERS Rates Fringes 31.75 13.74 PLUMO638A 07/01/1996 NY960913 - 9 01/03/1997 Rates Fringes SPRINKLER FITTERS/STEAMFITTERS 30.55 18.34 ROOF0154A 10/01/1995 Rates Fringes ROOFERS 24.14 15.41 SHEE0028B 08/03/1995 Rates Fringes SHEET METAL WORKERS 29.76 18.04 TEAM0282I 07/01/1996 TRUCK DRIVERS: Asphalt High Rise Euclids & turnapulls FOOTNOTES: Rates Fringes 24.06 15.4625+a+b 26.97 15.46+a+b 24.755 15.4625+a+b Paid Holiday: Employees employed on December 24 and December 31 who report for work on such days shall be paid afternoon holiday pay of four hours each day. Paid Holidays shall be included for purposes of Vacation Credit. - b. For each 15 days worked with the contract year an employee will receive one day vacation with pay, maximum vacation of 3 weeks per year. In addition, an employee who qualifies for two weeks (10 days) vacation or more with pay and who has been continuously employed by his employer for six years before the close of any contract year, shall be entitled to one extra day vacation; seven years before the close of any contract year, shall be entitled to two extra days vacation; eight years before the close of any contract year, shall be entitled to three extra day vacation; nine years before the close of any contract year, shall be entitled to four extra day vaction; ten years before the close of any contract year or over shall be entitled to three weeks paid vacation with pay, but in no event shall any employee be entitled to more than three weeks vacation pay per year. WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (v)). NY96~913 - 10 01/03/1997 In the listing above, the "SU" designation means that rates listed'under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. Washington, D. C. 20210 Determinations W. 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. Washington, D. C. 20210 The ~equest full interested party's position and by any information data, project description, area practice material, should be accompanied by a statement of the (wage payment etc.) that the NY96Dp13 - 11 01/03/1997 requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. Washington, D. C. 20210 4.) Ail decisions by the Administrative Review Board are~final. END OF GENERAL DECISION NY96~Q13 12 01/03/1997 Robert W. Tasker Memorial Park Peconic Lane, Peconic, New York Project: Construction of 3 All Weather Tennis Courts This project is being assisted with funding from the Community Development Block Grants Program, and as such, the performance of all work contemplated under the terms and conditions of these specifications and related documents must conform to certain basic and specific standards and requirements of both the Federal and New York State governments. The requirements for federal funded projects are~ contained in the following documents. 1. Public Law 93-383 2. Labor Standard Provisions 3. Equal Employment Opportunity, Executive Order 11246 4. New Format For Federal Equal Employment Opportunity Bid Conditions 5. Contractors Responsibilities 6. Requirements for Contractors 7. Section 3 Plan 8. Monthly Employment Utilization Report & Instructions for Payroll Form WH-347 9. Contracting Opportunities for Minorities and Females 10. Preconstruction Checklist for Contractors 11. Notice to Bidders & Fair Trade Certification 12. Current Federal Wage Rates If you have any questions on the above or need additional information, please give me a call at 765-1892. QTICE This project is being assisted by funding from the Federal Government of the United States of America under one or more current federal funding programs, and as such, the performance of all work contemplated under the terms and conditions of this set of plans, specifications and related documents must conform to certain basic and specific standards and requirements of both the Federa~ and New York State governments. The federal labor-standards provisions setting requirements for federal funding are contained documents. forth the in these In the event of conflicting requirements, Federal, and State provisions set forth shall take precedence over local requirements, except for bonding and insurance requirements where local provisions, requirements and standards will apply. · Federal Labor Standards Provision. 'IF Sec. mla~ of La,or unde~ li~e ~ Act (29 CFR Pa~t 3}. ~'m full amount wage~ and bona fide fringe benefits (of ~ e<:luivalents t~ereof~ due at mechanic~, subject to ale provisions of 29 C.CR'S.5(aX1)(iv); also. reguMr aclua~y perfon'necl, wii~jt r~gard to skill, except a~ pmv~iecl in 29 CFR (1) The won~ to be Pe~ormed by ~e cWMillca~on mques*~c~ is not (2) The ~fica~on is utilize(Ii in t~e ama by me construc~on and ~) The proposed wage rate, inciuding any bona ~cle fringe bane- (b) ff me con~4ctor and file lal~.lrs and m~.h~nim to ~e em~cl d~g~ or ~11 ~o~ HUD or ~ d~iGn~ w~in ~e ~-day ~iuonal time is n~. (Apgmv~ ~ ~e ~ce of Man- wage mw ~ncfuding fdnge ~e~ a~ ~ ~ Pa~l~ and ~c r~ms mla~ng lor~ed when t~ me em~loy~ ~umuam ~ aha indhnduaily registered in a on hy ~te U.S. Del~nent of Labor, EmDioyment and Training Admini- longer · - a~gn~bo. ~ Ee/ua! eml~t~/me~ ol~l~'luni~. The u~lizafion of al~13rantJce$, ~ded, and 29 CFR Part 30. 9. Di~pute~ con~a,ning [abor stellar. DisD~ arising out of ~e la~t dance w~ ~e a~ur~ of ~e ~e~ of ~r set fo~ in 2g CFR ~u~ ~n ~ con~r (or ~y ~ i~ su~on~) an~ HUD or 10. ~ ~ ~ ~gi~. ~ e~ng i~ ~is ~ ~e ~n- · a~ ~ ~t n~ B (n~ he ~ ~) ~ ~y ~ or fl~ awar~ G~ ~ ~ ~ ~ ~ ~a) of ~e Davis- ~con A~ ~ ~ C~ 5.12(a~1) oF ~ ~ aw~ HUD co~ o~ ~c~- Da~ in HUO p~m~ ~m~ ~ 24 CFR ~ 24. - ~flehgtble for aw~ of a G~t c~ ~ ~ of ~ofl ~a) ~e Da~s-~cofl A~ ~ ~ CFR 5.12(a~1 ) or ~ ~ aw~ HUD or ~ in HUD Dr~mms ~m~t~ 24 CFR ~ 24. Cdmi~t ~e. 18 U~C. 1~1. Ad~ifi~l% U~ CA~ ~ ~on 1010. T~e 18, U.~C. 'F~I Ho~ng ~mifli~ ~s', a~on of Suc~ ~mini~ . . ~ ~ ~ pu~ ~ ~M~ ' knowing ~o ~ ~ ~ ~l~ . . ~1 ~ ~ n~ m~ ~fl ~.~ or 11. ~ ~ ~ T~y ~ ~ No la~ ~pl~ ~ fil~ any ~ai~ ~ ifl~ m ~ ~ ~ his ~DI~. (1) ~ ~ ~ ~ ~ ~r for ~ ~ of ~ ~ ~ w~ ~y ~uim ~ in.lye ~e m~nic in ~ ~ in w~ ~ or ~e ~ ~O~ on suc~ w~ (2) Vi~alton; tiabilit~ fo~' un~ald wage~; liquidated damg~ In ~e (3} ~l~g l~ un~i~ wag~ and liquidat~ da~g~. HUD or i~ fo~ ~n ~b~mg~h ~) of ~is ~grag~. su~n~ ~ ~au~ ~ fo~ ~n sub~mgraDh (1) ~mugh (4) of ~is C. H~ and ~ ~ ~ ~C pu~an: to ~e ~ Pan 1926 (fo~dy ~ 1518) and ~ W~ Houm an~ ~ S~ca~s A~ (Public ~w 91-~, ~ S~C ~). ~ ~ of Hou~ng ~ U~n O~eloDment or ~e ~ of ~r HUD-4010 % u,..,I .. I Executive C~._4.-r 11246, as emended EQUAL EMPLOYMENT OPPORTUNITY ExecuHve ~der 11247 COORDINATION BY A~ORNEY GENE~L EQU~ E~LO~E~T OPPOR~ Execu~ve Order 11~' ~ F~ l~l~] Under and b7 ~nue of ~e au~o~ ~d in me ~ ~id~t of the umt~ Sta~ by the Co~ution and ~u~ of the Uni~ S~t~ it ~ order~ ~ follo~: , pe~n~ to prohibit di~rimin~cion ~ smpio~n~ ~cs~ ~olor, ~li~on, ~x or nitional o~n, ~d :o ~rovide the tion off ~u~ employm~n~ op~i~ ~u~ ~ ~d:iv~ contm~na pm~ in each ex,utile depanmen~ and a~acy. The ~Eey of op~nu~ ~ppli~ m eve~ ~ ot F~e~ ~plo~enC ~lic7 lnd p~fic~ ' S~: 1~ The ~ of ~ch ~ti~ dep~ ~d ~n~ ~h~ an~ ~a~Rtam ~ ~idve pro,mm oi ~u~l employ~C ~p~r- ~}y ~o?1~ cl~h~ em~loye~ and appli~ for empio~en~ wi~ ms I,nmmt~on m ~m~ with ~a ~ohcv ~ fo~ ~ ~m~ 101. Sx~ 103. T~ Ci~l Se~ i.e Co~om shzil su~m~ l~e~ip ~nd ~id~ in :he ~nduc~ of ~u~ ~ta~.~e.~evemen~ oi l ~odel pm~ ior ~ual em~lo~en: 0p~n~ ~ the Federal ~mce, ~ Co~on may ~ imm ~zc. 1~ The Ci~l ~e~ Co--ion ~aH p~e c~n m F~e~l emplo~ on ~,= b~is ?f ~, ~lar, ~ o~ nsm~ oM~ P~au~ for the ~iae~ion of compl~ s~ ~uae a~ le~c one im~t:~.i ,~ew wi~ ~e ~u~ve m~ o~ ~n~ ~d sh~'p~ds for ap~l ~ ~e Ci~ S~ I0~. ~a Civil Se~ Co~ion sh~ll i~ m~ ~io~ or~ ~d im~ions ~ i~ d~ n~ ~d ~pp~p~ ou~ t~ ~ibilifi~ under ~his Ps~ snd~ ~a of e~ ds~nm~ and seencv shall ~p17 wi~ ~e ~a~on~ o~s~ ~d ~c~ions i~ by'the Co~on ~der ~ A.=gend. ix 1 DEPARTMi'NT OF HOU¢~!NG AND UR~,N D~EVELOPMEN~ Page 8020 Appendi:: gz~ 20L The S~ of Lair sh~l ~ ~nsible ~Or ~he cd.n- iPPon of P~m II ad III ot tis O~er ~na ~11 ~op~ su~ ~ ~d ~l~ons ~nd i~a ~ch o~e~ ~ he d~ a~ ~d ~ p~p~am ~ ~hie~ ~e pur~ ~e~ S~ ~. Ex~ in ~nt~ exem~ in ~an~ ~th S~io- ~ of ~is O~er, ~1 ~ve~enc ~t~cti~ ~ci~ shall inclu~ pmvi~: ~ng ~a ~o~ o1 ~s ~n~ the ~nt~r ~ ~ follo~: a(l) ~nt~tor will no~ di~in~ agiin~ ~ employ~ or ~ spph~ ~ ~ployed, and ~ha~ emplov~ s~ ~ duri~ ~ployment, wi~ou~ ~ ~ ~eir ~, ~oior, ~li~on, ~x, or g: empio~ent, u~adm=. ~mo~ion, or t~n~eri ~i; ~v~AaoJe ~ ~ulov~ al ~ ~O,'J;~-'- ~--- '- '.' P ~ ( ) ~ con~r wffi, m ~1 mhc~fions or ~i~m~ for o~ me ~nc~m~ ~m~,~en~ unae, ~on ~2 of Ex~u~vs O~er Ho. l!t~ ot ~ep~m~ Ii, 196~, and .~h~ll ~ co~ies ot ~ no~ in ~o~ pl~ ~v~e ~ ~ploy~ ~d ~ppli~ for employ- ~ AA~ o~ ~r ~, 1965, ~d ot the ~l~ ~o~ :__~ .. ~ ~ ~ ~s ~ of ~r for ~u~of p~'s 2 . 8020 Appendix. ~($) In the event, oS the contractor's noncompliance with the non- discrimination clan_~es of this contract or with any of such rules, re%,'u- lslions, or orders, this contract may be eaneellea, tar'rninat~aI or sus- pended in whole or in part and the contractor may be declared ineli- gible for further G~,¥erumeflt contracts in accordance with procedures luthorized in Executive Order No. 11.ot6 of September ~-k 1965, and such other sanctions may be imposed and rem~ties invoked ms p, rovided in Executive Order No.' 11:2t6 of September :2,4. 196~. or by rule, re-~u- lotion, or order of the Secretary of. Labor, or ~ otherw[se pro~ded by law. ~(7) The contractor will include the pro~'isions of Paragraphs ( through (7) i~ ever~, subcontract or purchase order unle~ sxempu~d by rul~s, regulations', or order~ of the Secretary of Labo. r issued pur- suant to Section '2~34 oS Executive Order'No. 11216 of ~eptember 1965~ so that such provisions will Oe binding t~pon each subcontractor or vendor. Tile contractor will take iueh action with respect to any subcontract or pumha~ order as the contracting age~cy may direct ~s a me. ns of enforcin_-, such provisions inciudin:~ !&nct. lorls tot noncom- pliance: Peo~.ided. t'~o~srer. That in the event the contractor becomes revolved in, or is threatened ~'ith. litigation with a subcontractor or vendor as i result of such direction I~v the contractinlr a~enc~., thc contractor may request the L'nited Statel to enter into such lif, ig~on to pro~ect the interests of the United Sec. -O03. (a) Each contractor having' a contract containing the pro- visions p~'acribed in Section 90'2 shall-fllt and shall c2.u~ each oi ~is su'ccontractor~ to file. Compliance R?,or~s with the concr:~ctina t~ncv or the Secrer~.ry of Labor as may ue directed. Complianc~.Re-~or?.~ shall Im tiled w~thin such times and shall contain .~,ch information as to th,~ pract, ic~ politic, ~.~g~'--m% ~nd ~mployment policies, pro- grams, and employment stau~ics o{ the con:.'-actor ancl esch sub- contractor, and shall be in such form, es the Secretary of Libor may prescribe. (b) Bidders or prospective contractors or subcontractors may b~ required to state whether they have pardcipa~d in any vravious con- trace subject to the provisionl oi this Order, or any pr;-ci~dine' similar Executb'e order, and in that event to submit, on behalf oi th-em.~lves amd their proposed subcontractov=. Comrdianes Repor'ta prior to or as sat initial part of their hid or ne~otiation 5{ · contre~t. .{n) Whenever the contr'actor or subcontr:~tor has a collective bs.r- ~a, mng agreement or other contract or understs, nding with a labor ninon or an agency refemng workec~ or providing or supervising &pp~nticeship or tr=.ining for such workers, the Complianco ReDOr't sh~tll include such iniormarion as to such labor union:s or ac~{cv's practic~ and policies affectin~ compiis, nc* as the S~. recar? may prescribe: Prot'ided,. That to the e~ent such inform ar. ion is within tim exclusive ?oesession of at labor union or an e,gency reierring work- ars or providing or supervisine apprenticeship or tre. ining and labor union or s.~ncy shall re£us~ ~ furnish such iniorrnation to tho contractor, the contrmrtor shall so c.'nifv to the contr~ctin~ ~g~mcv as part oS its Compliant* Report smd shall set funh what eff'or~a he'has made ~o obctin such information. Pa~,~ 3 8020.1 Appends! t~.(d) Tke. contr~etin$ ag~cy or [he Sec~t~t-y of ~r m=y ~ ~y b~dder 9rpr~ve ~nt~r or ~ub~n~c~r shm]l su~ ~ ~ pa~ of h~s ~mohan~ Re~ ~ ~a~menc i~ ~dng, s~ an ~utho~ o~r'or ~nt on ~haif of any I~r union or any ~ncv ~fer~ng ~orke~ or p~vid~ or su~r~sing ~pprencic~hip ot~er [min~, with which ~he oi~d~ or pm~tive de~ with ~p~i~ infom[ion, m ~he eff~ ~ha* the pmtic~ and ~iici~ do not di~riminate on the ~unds ot ~e, color, reli~on, sex or national origin, and thai [he ~igner either will tive~v c~perm~ in [he implementation of the ~licy and pmvisio~ *h~ ~ef or thac ~; con~ts and ~ ~t ~mi:m~uh ~plo)~en~ t~et shall ~ in a~ordance with the purpo~s and pm¢isiSns of the o~er. In the event :~[ the union, or the a~nev sh~ll m~ ~ ~a~ ~ ~xtemenh ~ ~mnlianm Re~ shall'm cemi~ and sec fe~h w~; effor~ have ~n m~de to ~u~ such a ~rement ~d ~ck ~di- fional f~ual ma~ri~ ~ ~e ~nt~ting a~n~, or the S~rem~ of ~rmav ~uim. Sm 2~. The ~cmmm of ~r may, when he d~ms [ha~ ~izl c~ums~nc~ in the n~iSnat intem~ so ~uim, exemvt a contacting a~ncy fm~ the ~ui~menc of ~cluding any or ~t o} thz provisions S~tion -0~ of this Order in an, s~fic ~ontrac~ su~ontr~t, or pumh~ o~er. ~e S~mm~ o~ ~r may, by role or r~ia- United 8tam ~d no ~c~itmen[ of workem'm~in ~e limi~ r mw mammas; (~) mvolvine le~ than s~it~ amoun~ ~oney or s~ifi~ num~m of workem; or (t) m the e~ent thit they ~lv~ m~ons~ac~ ~l~w a s~m~ tier. i ne S~rem~ of ~r ~!sp.pmvtae, ny role, mgulatmn, or order, for the exemo~ion f~fl~tms of ~ con,s:or which, am ~ &il ms~ ~p~raM diainc: ~om ~ of ~he contr~tor mlsmd to ehe ~orm~nce wi~ or ~e ~e eff~mzcion of the pu~o~ of ~is O~er:'~ ~z~ {utter, That i9 the abate of tach ~ exemption ~11 facili- ~ ~ core~ by me p~vmons of ~is ~er. o~mm~ ~o~pii~e with the ~ m~la~om, and'o~em of che ~l~.~f t~e ~mt~ of ~r in dmchs~ng cheer pnm~ ~omty ror,~ comph~ ~h. ~s pm~o~ of mn- ~ ~d o~em~ w,th t. he mm of ~ Order and of ~e ~ - -,~ a~ m~tea ~ c~oe~ with the 8~c~Cary of ~r ~nd ~ fu~ish the ~eemta~ o~ ~or ~ch infom~on ~d ~m ~ he mxy ~m in the ~oman~ of ~s ~n~o~ ~det Page 4 8020.1 A?pv endix 1 ,~m. on~ the a~nc?~s p~onnel, compliance ,o~icer~ It sh~ll ~ the ~u~ of such o~c~ to ~ek compliance wi~n the obj~ti~es of t~s . ~raer bv ~nfemn~, conciliscioa, mediation, or pemu~on. . S ~ ,~.. (a) The ~ecm~p~ L~oor may mv~z~ ~he employ. ~enc p~l~ o~ any Govemmen~ contractor or su~Sn~tor, or ini- ~ ~ch mv~mn by ~e ~pp~pNa~ con~mcfin~ ~ncv~o de- ~ine whe~er or no~ ~he ~n~ual p~visio~ ~cified in'a~6on ~ ot'thi~ O~e~ h~ve ~en vio,~ted. ~uch inv~ti~io~ sh~ll ~nduc~ in ~rdance with th~ procedure ~t~btished by the ~ of L~r and ~he investi~nn~ a~ney shall m~ ~ the Seem- m~of r~r ~ny ~tion rakgn oe m~mmend~. to) The S~m~a~ of Labor m~v r~eive and inv~.~ ov ou~ to ~ inv~ti~ ~m~lgints by e~plovees oe peosp~?ve emplo~ of ~ Oove~men~ contrSctor or ~u~ongv~ot6v which al ~ a *o-; ion ~nt~ ~ the ~nt~tusl ~vm one s~clfied :n Set,on 202 o~ chis Order. If Chis investi~atibn is conducted for the S~m~ of ~r by ~ conCmctinff azmncv, that %tuner stroll ~po~ S~mm~- 4h~ action h~ t~en or is ~o&mend~ wi~ to ~ch ~mpiaints. S~e. ~07. The Secmm~ of L~v shall ~ his ~ ~ffo~, di~lv ~d through cont~cginz a~neie~ ocher inr~ed Eedeml State, ~n~ 1~1 &~ncie~ ~nt~t~m, and ali other ~vail~ e nst~ment~liti~ ~um ~ny l~r ~ion ~n~ in work under ~mmen~ cont~ oF ~n~ a~ncy.eefe~n~ wo?~e~ or providin~ or superv sin~ t~e~h~p av t~min~ foe ~v ;n th ....... ~ ~ ' PP ~e lmplement~mn of the pu~s of this Order. ~e See~ta~ of pn~e eeae~l agenca~ whenever ig h~ ~n ~ ~lieve p~fi~ o~ any such lair or~niza~ion or a~n~ violate Title VI or Title ~I of tile Civil ~ights .k~ of 1964 or o~r pro'sion of e~ law. ' S~ 908. (~) ~e S~rv of Lair. or any a~ncv, o~r, or 'employ~ in the ax~utive b~he~of the Gove~men~ d~si~ated by ~l~.m~layio~ or ovd¢2 of the ~mta~t, may ~ld sueh-hearin~ puph¢ or private, as the ~eereta~* may d~m ad4i~hle for eomptian~e~ en~o~men~ or edu~fional (b) The ~ec~t&~ of Lair may ho~d, or ~u~ to be held. in ~ with Subs~tion (a[ of t.his S~tio~ p~or to im~si~g, o~e~ne, or meommendin¢ the imposition of ~nalties and ~ctions ander this O~er. N'o order for debarment o3 any eont~etor from g actor an opportunity for a hearing. S~ 909. fa) In ac~rdan~ with surh ml~ ~lation~ or o~e& u tits Secmta~ of Lair may i~ue or adoS, the Secmta~ or the tppmpnare c~nr~ctine a~nc~: mgv: {1) Publish, or cau~ i0 ~' puu'lish~, the nam~ of ¢ont~ or umo~ which it h~ concluded have ~mpli~ or have fail~ co ~mpiy wi~ ~e provisions oi this O~er or of the ~ re~l~ion~ and o~em of the ~a~ of ~r. Page 8020.1 Appen ~dix ! (2) Recom. mend to the Dep=-~ment of Justice that, Ln c~s in which there m sub~ntial or m~r. erial viblat'ion or the thre~ of sub- s~ntial or mater/al violation oi :he contr~ud provision~ ~C f~ah in Section 202 of this Order, ~vmpri~ pm~din~ be brought en~or~ cho~ pmvision~ includih~ the enl%inin~, w~hin the limi~- ~ons of ~ppli~le liw, of o~iza~ion~ ~didauals, or ~ups who prevent ~rlv or nE~ly or ~ to prevent directly or inE~v compliance ~t~ ~he p~ons of this Order. - -' (3) R~mm~d ~o the ~ou~ Emplo~en~ Op~muni~ Com~- ~on or cbs Dep~nmen~ or ~u~ice m~i~uted under Tide ~I of the Ci~d! (~) R~mmend ~o :he Dep~men~ oi ~ chic criminal pro- ~ ~ bm~ghe for the ~shmg ~m~ ~ne~ er.~o, the S~m~ (5) C~..~[. t~ma~, ~nd, or suspendS, ~y conz~c~, or ~nv ~r~ion or ~io~ ~he~i, for f~u~ of.~e ~ntm~r or ~nc~r ~ ~mplv with the non- d~in~oa pm~sions of the ~n~ m~in~, or suspend~ ~b~lurely or con~inuan~ of ~n~r~ m~y ~ ~kion~ u~n ~ pm~ for ~um ~mplian~ ~ppmv~ by · e con~ing a~ncv. ' ~ into ~er contact, or e~em~ons ~ing ~n~mc~ ~th ~nv noncomplvin~ ~ntm~r, un~il such ~n- ~tor h~ ~i~ed the S~r~ ~n~n~ w~th ~ne p~sm~ of ~ O~er. p~isions of ~s Order b~ m~o~ of ~mn~, ~ncfli~iom m~i- arran, ~nd pe~a~on ~m p~din~ shall ~ in~i~ted ~nder ~1~ or te~in~ in whole or ~ this S~on for fsilum of · ~nt~or or su~n~r~or ~ ~mply ~ the ~n~r~ pm~ons oi ~hiz Ord,. S~. 910..~v con~m~m~ ~ncv t~n~ ~v ~ion ~ho~zed b~ promptly no~i~ ~ ~pprop~ ~n~r~i~ ~n~ oi ~e ~ion n~ en~r ~n~o ~n~r~ with *ny bidder or p~ive ~n~r u~s the bidder or p~i~e ~n~ctor h~ s~t~rac~ como~ wi~ thepm~isio~ of ~s O~er or ~bmi~ ~ pm~m for ~mpl~n~ ~ptab[e to the S~ o~ ~r or, i~ ~e ~a~ ~ ~u~o~, ~ the ~nt~c~n~ ~. Pa~e 6 8020.1 o Appendix 1 Government contract.% under -~ec~iou 209(a) ($) becau~ of noncom- pliance with the contract prov/sinus with regard to uondJscr/mm~tiun. the Secretary of La/mn or ~e contractin~ a~enc7 /nvolved, shall promptly noti/'y the Comptrolle. r General o~t th~ Uaited States. Am7 such dsb&rmenC may be rescinaed by the ~ecretary oi La/or or by Uhe cont~-~ting a,~ency which imposed the sanction. Szc. 213. The Secretary of Labor may provide /or i:~uance of Un/ted States Government Certi~cat~ of ~fent to e.m?loyer~ or labor un/oas, or othher a_~ncles which are or may hereafter be en~a~ed in work under Gov,~menc con,races, ii the ~ecretarv i~ ~fi~e~ that the personnel .anti employme~ pr. ac:ice~ 9i the em.~loyer, or that the per.~onne, l? :ra~nmg.. &ppmnt:c--srup, mem~ershi~, ~ievsnc, and msentatlon, upgr~dmg, and o~her ,~ract:ces and poiicies of the labor un/on or o~her a~ncy con/om to ~he purposes and pro~-/sions of this Order. Szc. 0-14. ,Any Cert~cs~e of ~ferk may at any C/me be suspended or revoked oy the Secret~.ry of Labor if the holder thereof, in ju~.m~t of tho Secretary, ha~ failed to comply wi~h the provisions of th/s Order. ' Szc. °.15. The Secretary o£ IAbor me7 provide for the exemption of any employer, labor union, or other agency from any requiremen~ ~mpo~i under or pursuant co this Order ff such em- ployer, labor umon, or other aA~ncy ha~ been awarded a of -~ferit which has not been su.~pended or revoked. Co~s'rat-c'nox Szo. SOL Each executive department and agency which administers a p.rg!mam invol~ng Feder~.l ~nancial ~s~istanc~ shall reouirs ,.s condition for '.he approval of any =~l'~n% con£ract~ loan, ins6zanca, or .l[usra~'ttee thereunder, which may involve a construction contrecr,~ thai; :ne applicant; for Feder~.l s.iiistlnc~ under~ake ~nd al'r~e to incorpo- rate~ or can~ to be incorl~r~r~, m~o ail cov.stru~tinn conzrecta paid for m whole or in Dar: with funds obtained from '.ha Federal C~vern- meat, or borrowed'on the ered!c of the Federal Cvovernment pursuaal; to such grant, contract, loan, unsurance, or ~uarantee. or undertaken pursuant to any Federal pro~'re.,n involving' such zrsnt, c.~ntrsct, loam msurance, or &,ua. fenice, the provisions l~rescrib-ed, for Governmen~ contrac-~ b}~ Sectton 0.03 of this Order or such moai~cation thereof, · pre~er'nng m sub~tanea the contractors obh~,sttons therennd.r, ~ may be approved by the ,~ecre~ary of Labor. together wnh such addl~tunal provisions as the Secretarw de~ms appropriate to e~ablish and pro- tec~ the lnters~ of the I.'mta~i ~ates m the enxorcemenl: ol tho-~ obli- ga~ons. Each such applicant, shall also undert, ake and at~",,~ (1) to a.~s~ and ~:oope~mte ~ctivetv with the &dministering de~ar~men~ or agency und tl',g ~cre'.ary of .'[~abor in obtainin~ the com, l~hance ot con- tractors and subcont:rex:tore with thoas contract pro. wagons and with the rules, roi,mia:ions, ~ud releven~ orders of the Decresary, (2) to obi, in et{cl, to furnish to the administering department or agency sad Page 7 8020.1 $ Appen~i~x I to the Secr.e~ery of Labor such information as they may require for the supervz~mn of such compliance, (3)~ to carry out s~ancttons ~nd penalt~ for violation of such obligations impo~d upon contra~to~ ·nd ~ub~nt~c~ by the S~t~ of Labor or the administering depar~ent or agenc~ pu~uan~ to P,.~ II, Subpart D, of this Order, and (4) to ~in ~om entering into ~ny contr~c~ subj~ O~er, or ex~n~ion or other modificat on of such a contact with contractor debated from Government contr~c~ unde P~ II, Sub- pa~ D, of this Order. Sre. 30~. (~) "Co~cfion ~nt~ct" ~ ~ in this O~er me,ns any contr~ [or th~ co~cgioa~, ~habilitation, aite~ion~ conver- ~o~ exte~ion, or repair o~ builam~ highways, or other zmprove- m~ to ~al prope~v. (b) The p~v~o~s of P~ II of this Order ~h~ll ~pply to such ~n~ction cont~ct~ ~nd mr purpose of such application the ad- mi~s~ring deoa~meng or ~ncy shall ~ co~idered th~'~ntracting ~ncy ~ierre~ ~o therein. . (c) The ~rm "~pplicanc" as ~ in ~is Order means an ~pplicane for Federal ~istance or, ~ determined by agency m~la~ion, other pm~sm p~miciuant, with r~p~t m whom an ~oplics~ion for gay ~n~ contract, loan, i~uran~, or ~aranc~ is no[ ~nally ac~ upon pmor to the effective date oi this Part, and it includes such an · polic~n~ ~er he Mcom~ ~ ~cipienc of such Federal ~istance. __S~ 303. (~) Each ~i~ng dep~men~ and a~n~ sba 1 m ~ponsible for obtaining the compliance of such ~pphcan~. with their unde~kin~ und~ th~ Order. Each ~dminismring depa~- men~ ~nd a~ncv zs directed to cooperate with the S~mta~ of Labor, and ~ ~ish 'the S~retary such info~cion ~nd ~mt~nce ~ he m~y ~uim in the ~orm~nce of his functions under this Order. (b) In the event an apolicant fails and mfus~ to comply with his., ~de~kin~ ~he ~dmini&ering departmen~ or s~ncv may take any or ~1 of tee /ollowin~ actions: (1) cancel, te~ina~, or susp~d whole or in para the ~g~ement. contract, or other arr~n~menc with such applicant with respect to ~hich the failure and ~fusal ~curred; (2) refrain from extending ~nv lumber ~tce m ~e ~piicsng ~d~ ~e pmgr~, wi~ r~ to which ~e failure or ~r~ until s~tis~acto~ a~umn~ of futura compliance h~ ~v~ from ~cE appii~sng; ~nd (3) re/er ~e e~ to ~e Dep~- m~g of ~tice for ~pproudare leg~I pr~e~in~ (~) ~v ~gion with r~p~ m an ~ppllcgnz pumu~ng m Subs~tion (b) ~1~ take~ ~n confo~itv wi~h ~tion ~ · ~ncy ~ea u~ere~aer), to ~he ~ten~ ~ooli~le In fro c~ ~hall ~ t to) ~nout no~m, ~d op~n~ry for h~rin~ ~o~ ~e ~inis~ring departm~n~ or a~ncy. ' - Sro. 3~. Any executive deo~men~ or a~ney which impo~ by ~1% ~l~tion, or o~er ~q~m~t~ of nond~rimin~tioa in em- ploymen~ ~er than r~uir~ments im~ pu~ ~ this Order, ~y dyle~e ~ the S~re~ ot ~r by ~em~t such ~po~bili- 8020.1 Appeno~x would t~nd. to bring ~he ~Aministr~tion of such. r~luir~mcnts in~o co,- foxily wkh the ~ini~tion of ~ui~en~ ~mp~d ~n~er ~s Ord.: F~o~, ~ ~ions ~ e~ eompli~c~ by r~p~ of Fede~l financial ~i~ce with ~uiremen~ imp~ pu~uanC to Tide VI of the Civil ~ighm Act of 1964 ih~ll bo ~en in conformity wi~ ~e p~u~ ~nffl~itz:iom p~ri~ in Section 6~2 and ~e m~ll~o~ of ~e a~inistering depa~mr or ~ncy i~ ~munder. S~c. 401. Tbs Secretary of Labor may delegate to lny'o~cer, ~cy, or employ~ kn ~e Ex~utive branc~ of the ~vemmen~ lny ~nc:ion or duty of the S~mt~ under P~ II and III of au~rity to pro~ul~ rules and m~l~:ions of a ~neml n~:u~ Szc. ~ The a~re~ of ~r shall provide l~ini~rztive ~ort for 2~ ex~uZion %f ~e pro~ ~o~ ~ ~ha "Plans f~r S~3. (a) Exe~ve Ordem X~ 10590 (J~ua~ 19, 1955), 10792 (Au~sc 5~ 1957), 109~ (~[amh 6, 1961), and 11162 (July 28, 19~), are hereby gupe~ed and ~e Pr~iden~'s ~c~e on ~qual Emplo~enc ~ppor~uni~ ~blished by ~u~v. Order No. 10995 is he.b7 a~hshe& ~1 ~rds and pm~r:7 in the cushy of the Commk~ shall ~ tra~mfe~ m the Ci~l ~m'i~ Co~i~ion ~nd Oe S~mta~ of ~r, as ~ppmpria~ (b) NoO~g in ~s Order shall ~ de~ ~y obli~Cion ~umed or im~sed under or pu~u~ ~ve Or~ sure.ed by chis Order. All ml~ re~lacions, ordem, ins~ctions, d~i~a~ions, and other di~iv~ i~ dent's Commit~ on Equgl Emptoymen~ Oppqaunity and'~h~ ~ed ~y of ~ha Ex~uve orde~ sqpe~ded by ch~ O~er, ~11, to the exten~ tha~ :he7 am no~ in~nsmenc with chis Order, remain in ~11 fo~e and effect unle~ and un,il mvoke~ or ~ded authority. P~fer~c~ in su~ dir~iv~ ~o provisions of ~Se supe~- ~ed or'em shall ~ d~med ~o ~ mterenc~ ~ ~e compa~ble p~- ~ons of ~is S~ ~ ~e Gene~l Se~c~ Administration ~11 a~ ection to mv~e the s:anda~ Govemmen~ con~ fo~s ~ ~cord · e ~mta~ of ~r. t~ of t~s Orden L~ B. ~ W~ Hovs~ Page 9 8020.1 APPen~h~c COORDINATION P.y ATT0tLNEy G ...... ~L Execu~ve Orde~ 1~7 Wh?~s the ~9~ ~menU and ~nci~ o~ the F~e~ Govemmen~ ~ve adopted unff~m, ~nd consis~)~ ~la~ons imolemen~n~ Thio ~ 9f the Civil R~h~s Ac~ of 19~4 and in ~ ~ ' President's Council on Eaual O"o ..... ~' , .p ~t}on.w}ch [he ~ma~d pm~m o~ enromemenc of the provisions of ~ha[ Tkle; *~emss one ~isu~ hereafter sri~n~ in conn~fion with c~i- nat/on pi the ac[iv ~ies o~ [he de a~ · . ~, · Title will be pmdom' hdv ~' ~L~en~ ~nd ~,~.ncms under thai ~ere~s ~he A~ornev Gene~ is ~he chief lay o~c~r of the F~eml Govemmen~ and is ch~r~ w~;, ~he duty of en/omin~ ~e I~ws of ~e Unit~ S~s~es: Now, ~emfom,.bv ~ue of the ~,thoritv v~t~ ~n me as P~ident of the Unhed S~ales by the Cons~hU~io~ and laws of ~e United S~, ~t is o~emd as follows: S~os 1. The A~ro~ey Gene~ sh~l ~i~ Federal deps~en~ ~d .a~ncies to c~rdina~e ~heir p~ms ~nd ~dvifi~ and adopt consmten~ ~nd uni~o~ policies, p~cric~, and ~me~ur~ wkh ~ ~he enfo~men~ of Title VI of the C vii Rights Ac~ pi 196~J may promu~e such ~ ~ 3nd m~tafions ~ he shall d~m n~- ~o c~- ou~ his functions under th s O~er. fl~e ~aoeney Genec~l in the ~rfo~anc~f ~(s ~nc~io~ under ~his O~er ~nd ~ail ~mish him ~ch ~ *nd into~afi~ as he may ~. 3. Eff~ive 30 d~vs from ~he d~te of this O~er, Ex~utive O~er ~'o. 11197 of Feb~a~ 5, 1965, is mvok~ Such ~rds of P~ident's Council on E~--' ~ ...... he enfo~emen~ of Title %~ of the CieirRi~ A~ oe fe~ to ~he A~torney General S~ 4. All ml~ re~la~io~ o~e~ in~mc~ion~ d~i~ions ~r di~i~s issueJ by the President's Council o- 9~-- ~ ~ nd r ...... ~- ~lc~e v ~ o~ the Civil A~ of 19~ ~ail remain in ~11 fore lnd ~ ~nle~ ~ ' ' mvok~ or mpe~ed by dl~iv~ of ~he A~mm. Gene~d Pa~ 10 DEPARTMENT OF LABOR C)FF~ce oF Federa Contract Complianc~ Programs NEW FORMAT FOR F~DERAL EQUAL EMPLOYMENT OPPORTUNITY BID CONDITIONS FOR FEDERAL AND FEDERALLY ASSISTED CO N STRUCT lCD N NOT ICE OnAprll 3, t975, there was published in the FEDERAL REGISTER (40 FR 1495~ a natJc~ end opportunity For comment concerning the inte'ntion oF the Deaartment oF Labor )oac~pt New Model Federal EEC) 81d Conditions Far 'ncJus,oH in Federal and Federally assisted construatlon contracts and subcontracts in selected amos. The Following Model Federal EEC) Bid Conditions are issued to cor~/, out the purposes of Executive Order 11246, as amended. The Model Federal EEO Bid Condltians reflect changes which wee made as a result of comments received on the proposed Model Federal EEO Bid Candltions. The comments received wee equally distributed bet,~,~en those Favorable and unfavorable. In general those Favon=ble Felt that deletion of the 81driers' CerH~cotlan will eliminate undue and costly delays resulting Fram contractors and subcan- tractom being declared nanrespanslve because of their Failure to F~tl in a Form correctly. Those opposed to ellmin(:tlon of the 81driers' Certlf~cation Felt that a ore-award c~rtiF~- cation is essential in establishing the contractors' and subconftacfors~ commitment to aFF~r- matlve action. The Department has carefully considered all the comments and has determined that the Format developed in the new Model Federal EEO Bid Condltians adequately apprises pra- specltve contractors and subcontractors, prior to bid opening, of the importance of the Federal aFF~rmatlve action requirements and is compatible with procurement prlncloles. Under Comptroller General opinions and the decisions in Northeast Construction Comoany v. Romney, 485 F. 2d 7'52 (D.C. Cir. 197~) and R~ss~tti Contracting Camoanv v. Brannon, 508 F. 2d 1039 (Tth C~r. 1979, the Faa'lure of a bidder to specify its goals For minority employment ~ required by imposed plans or the Failure of a bidder to complete and submit a Bidder' Certificc:t~on Form os required by the Bid Conditions . in hometown plan areas requires the contracting agency to declare the bid non.-respons~ve. Thls has caused the loss of hundreds of thousands of dollars because deFective Iow bids v~re d~scarded in Favor of the new Iow bid. The orlglnal reason For requiring the subm;sslon of a properly executed Bidders' Certlfl- cation was that it was thought to be helpful in informing contractors of their obllgations and eliminated inattentive bidders. However, it is now an opinion that contractors crt rea- sonably aware of their EEC) abllgatlons so as to obviate the need For aertiFicatlon. Therefor, the amendment of the Bid Conditions would climlnate the signature and Fill-ln-the--~lon~< requirements. Instead, the Federal ~:EO Bid Conditions cIearl)~ not~Fy orospective b~dders that they will be ¢ommith~d to the g~ols contained therein by submitting a proper~y signed bid. This amendment does not diminish the go~nt's enforce~nt abil[~ ~r appl;~ble EE~ ~qu~ments ~f ~e~i~ con~ng a~nc~es ~o aw~ con~ac~ ~o the lowest ~s~mi~ o~ responsible bidder. It ;s For this mason that the new Mc.:lel Federal EEO I~;d Conditions make the air- Firmer;ye oct[on requimment$ binding on all bidders who submit signed bids. Accordingly, effecth~e September 7, 1976, ail contracting and administering agencies are directed to adapt the new Model. ' Federal EEC). Bid Conditions For inc]uslon ~n all Future invitations Far b~ds on all non-exempt Federa~ and Mderally assisted c~nstr~ction contracts and subcon~acts aworc~ed in amos covered by hometown plans (Par~ I) end Port II EEO requirements. Further, all other Forms of Federal EEC) Bid Conditions containing hometown p~ans and Part Il EEO Bid Condition mqulrement$ now in use For such amos am not to be in- cluded in Invitations For Bid after adapt[on at' the new Model Federal EEO Bid Can- dlt~ans. This new Format has been coordlnof~d through the OFfice oF Federal Procurement Policy at. ~he OFf~ce oF Management and Budget in accordance with P.L. 93-400, ~he (DFt.[ce oF Federal P~ocumment Policy Act. Set Forth below am the new Model Federal EEO Bid Conditions: BID CONDITIONS AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY For cji Non-~xempt ,~ederol and Federally- Assisted Construction Contracts to be Awarded ~n (NASSAU AND SUFFOLK COUNTIES, NEW YORK') NOTICE EACH BIDDER, CONTRACTOR OR SUBCONTRA~J'OR (HERf=INAFTER THE CON- TRACTOR) MUST FULLY COMPLY WITH EITHER PART I OR PART II, AS APPLICABLE, OF THESE BID CONDITIONS AS TO EACH CONSTRUCTION TRADE IT INTENDS TO USE ON THIS CONSTRUCTION CONTRACT AND ALL OTHER CONSTRUCTION WORK (BOTH FEDERAL AND NON-FEDERAL) IN THE NASSAU ,. SUFFOLK AREA DURING THE PERFORMANCE OF THIS CONTRACT OR SUBCONTP, ACT. THE CONTRACTOR COMMITS ITSELF TO THE GOALS FOR MINORITY MANI~DWER UTILIZATION IN EITHER PART I OR PART II, AS AP~ICABLE, AND ALL OTHER REQUIREMENTS, TERMS AND CONDITIONS OF THESE BID CONDITIONS BY SUBMITTING A PRO- P~RLY SIGNED BID. THE CONTRACTOR SHALL APPOINT A COMPANY EXECUTIVE TO ASSUME THE RESPONSIBILITY FOR THE IMPLEMENTATION OF THE REQUIREMENTS, TERMS AND CONDITIONS OF THESE BID CONDITIONS. Port I: The pro¥is;ons oF this Port I apply to contractors which are party to collective bargaining agreements with Jobor orgoni=cHons v/nich together have agreed to the NASSAU - SUFFOLK Area Construct[on Program (hereinafter the NASSA~ - SUFFOLK Plan) for equal opportunity and hove jointly made c commitment to specific goals of minority and, where applicable, female ut~llzatlon. The NASSAU - SUFFOLK Plan ~s a tripartite voluntor), agreement between (CONTRACTORS, UNIONS, & MINORITY COM- MUNITIES. The NASSAU-SUFFOLK Plan, together with oil implementing agreements thor h~ve been and may hereafter be developed pursuant thereto, ~re [ncorporcte'J herein by An), contractor using one or more trades of construction emaJoyees must campty w~th either Pa~t I or Port II of these BTd,Condltlons os to each suc~ trade. A cantrac.~ar may the labor organization which represent its empJo~e~ ~o o~ ~e pmvided )~m is ~t FO~ in ~he NASSAU-SUFFOLK Plan a s~cific ~m- mif~nt b7 both the cont~ctor a~ the I~bor organization :at;on For that ~e. Contmcto~ using t~es ~;c~ am not co, md by Paff I (~e Pall II, ~lon A) must ¢~ply wffh the ~mm~t~n~ con~l~d in Pa~ II including g~ls For m~n~itles ~nd ~male ut{Hzation IF a contractor does not comply with the requirements of these 8id Cand;tlans, it shall be subiect to the provisions of Pan' II. Part Il: A. Coverage; The provisions of this Part II shall be applicable to those contractors who: 1. Are nat or hereafter coase ta be s[gnatarles ta the NASSAU-SUFFOLK Plan incorporated by reference in Part I hemal; 2. Am signatories to the NASSAU-SUFFOLK Plan but om panics to cotlecth,e bargaining agreements; 3. Am s;gnatorles to the NASSAU-SUFFOLK Plan but am parties to collective rgaznmg agreements wlth labor organizations which are nat or hereafter cease to. be slgnatarTes to the NASSAU-SUFFOLK Plan. 4. Am signatories to the NASSAU-SUFFOLX Plan and am parties to collective bargaining agreements wlth labor arganlzat;ans but the two have nat jointly executed a specific commitment ta goals For minority utilization and incorporated the cammlt- ment in the NASSAU-SUFFOLK PJan~ or 5. Am participating ]na affirmative action plan which is no longer acceptable ta the Director, OFCCP, including the NASSAU-SUFFOLK Hon. cS. Am s;gnatarles to the NASSAU-SUFFOLK Plan but am parties to collective barga;nMg agreements with labor organizations which together have Failed to make a good Faith effort to comply with their 0bllgatlans under the NASSAU-SUFFOLX Plan and, as a result, have been placod under Part II of the Bid Candltlans by the (DFfico aF Federal Contract Campllan¢~ Programs. D B~ Requlmment -- An Aff~rmatlve Action Plan. . Contrcctam d~scri~d in para- 11 of Fhe~ B~d Conditions mc{ud~ng ~he ~als a~ hme~ab~es For m~non~y~/ ufH~za- tion~ a~ s~c~fic af~at~ action s~ps ~t Fo~ in Sections ~.] and 2 of ~his Pa~ II. ~e co~mctar's ~mm~nf ta Fha goals ~or mlnor~ty u~illza~{on a~ ~qu~md by ~h;s P~ II con~;~s a commi~nt ~het if will make e~ry ~ Faifh eFFo~ ta ~et such goals. 1. Goals and Timetables. The goals of m;norlty utilization required of the can- H'actor am applicable to'each trade .used by the contractor ;n the NASSAU-SUFFOLK P~an a~o a~ which ~s not o~e~i~ bou~ by the' provis~ons of Pert I. For all such tr~es ~e ~ollow{ng g~ES a~ tlmetables ~all ~ applicable. Goals Minority Until (1/I/74) (6.0% - 8.0%) ( ) Fram ( ) to ( ) ( ) F~om ( ) to ( ) ( ) From ( ) to ( ) ( ) From ( ) to ( ) ( ) 2/ T~e goals of minority and ~emale util;zatlon above are expressed ;n terms of hours oF training and employment as a proportion at' the total number of hour~ to be worked by the contractor's aggregate work force, which includes all supervisory personnel, in each trade on all pro{eats (both Federal and non-Federal) in the NASSAU-SUFFOLK Plan ama during the perf.armanc~ of its contract (i.e., He period beginning with the First day of. work on the Federal or ~derally a,lstad construction contract and ending with ~he last day of. work). The houm of minority employment and t~aining must be substcntlally un/farm Fnraughout the length of. the contract in each ~rade and minorities must be employed e~nly an each of' the canh'actor's project. Therefore, the transfer of' minority employees or trainees "Minority" ;s defined as including Blacks, Spanish Surnamed Americans, l'-/Orlentals and American Indians, and includes bath minority men and minority 2_/ In the e~nt that any work which ;s subiect to t~ese ~;d Conditions ;s per- Formed ;na year later than the'latest y~ar Far which ~als of minor;fy u~;I;zat;on ha~ been e~qbl;~ed, the ~ls ~or ~he l~st ~ar of the Bid CondiHons w;ll be applicable ta such wo~. ;mm cont~ctor to c~nt~octor or FTom praiect-fo-proiecf ;ar the purT, ose o{ meeting the contractor's goals shall be a violation oF Part Il of these Bid Cond;fions. IF the contractor counts the nonwc~lclng hours of trainees and apprentices in meeting the contractor's goals, such trainees and apprentices must be employed by the contractor during the tra;nlng per;od; the contractor must have make a commitment to employ the trainees and aporentlces ct the completion of ~he;r train;rig subiect fo the ava/lability oF employment opportunities; and the h'a;nees must be trained pursuant to ~raln;ng pra- grams approved by the Bureau oF Apprenticeship and Training For "Federal Purposes" or approved as supplementing the NASSAU-SUFFOLK Plan.. 2. . $~ecific AFfirmative Action Stem. No contractor shall be Found. to be ;n noncomphance with Executive Order 11246, as amended, solely on account aF ;t~ Fa;lure to meet ;t~ goals, but sha~l be given an opportunity to demonstrate that the contractor has instituted all the spec;tic affirmative act;on steps specified ;n this Part II and has mc:de every good Fa;th effort to make these steps wade tc~ard the attainment oF ;ts goals within the Hmetables, all to the purpose of expanding minor;h/ utilization in its ag- gregate worlc Force in the NASSAU-$LJFFC)LI( Plan. ama. A contractor sub{eat to Part I which Fa;Is to comply with ifs obligations under the Equal Opportunity clause oF ;ts contract (;nc]ud;ng Fa;lure to meet ;ts Fair share obl;gation ;F provided ;n the NASSAU- SUFFOLK Plan)or subiect to Part Il which Fails to achieve its commitments to the goals For minor;fy utillzafion has the bun:lan oF proving that it has engaged in a affirmative acflon program directed at increasing minor[h/ utilization and that such eFForts were af least as extensive and as specific as the Following: ' a. The contractor should have notified' minority organ;zctlons when employ- ment opportunities were available and should have maintained records of the argonizafions' response. b. The contractor should have ma;ntalned a FHa oF the names and addresses oF each minor;fy referred to ;f by any ;ndiv;duaJ or organization and what action was tolcon with respect to each such reft, rind ;ndlvidual, and iF the individual was not employed by the contractor the reasons therefor. If such ;nd;vldual was sent to the union h;ring hall Far referral end not referred back by the union or ilr referred, not employed by the contractor, the file should have documented this and the reasons therefor. c. The contractor should have promptly notified the contracting or admin- istering agency and the OFfice oF Federal Contract Compliance Programs when the union or unions with which the contractor has collective bargaining agreements did not refer to the contractor a minor;h/ sent by the conh'actar or when the contractor had other infor- mation that the union ref~n"~l process has impeded efforts to meet its goals. d. T~e contractor should have disseminated its EEO policy within its orgonizat'ion by incIudlng it in any employee handboal< ar policy rn~nua); by publlclz)ng it ~n com- pany newspapers and annual reports, and by advertising such pollcy at' reasonable ~ntervols in union publlc=tlons. The Et:C) pollo7 should be ~urther disseminated by conducting staff meetings to explain and discuss the pallcy; by pasting of the policy; and by review the policy wlth mlnarlh/ employees. e. Tine contractor should have disseminated its EEC' policy externally by informing and discussing it wlth oil recruitment sources; by advertising in news media, speclfl- cally including mlnarlty news media and by noti~ylng and discussing it with all subcan- tractor~. F. l"ne contractor should have made both specific and reasonably ~'ecurrent written and oral recruitment efforts. Such efforts should h~ been directed at mlnarlty organ- izations, schools with substantial minority enrollment~ and rnlnarlty recruitment and training organiz~tlons within the contractor's recruitment area. g. The contractor should have evidence available For inspection that oil tests and other selectlon techniques used to select Fram among condlates Far him, transfer, promo- tion, training or retention are being used )na manner that does not violate the OFCCP Testing GuldeIines in ~,1 CFP, Part 60-3. h. The contractor where reasonable should have developed on-the-iab training opportunities and partlci(~ated and assisted in a~! Department of Labor Funded and/or approved training programs relevant ta the contractor's employee needs consistent wlth its obligations under this Part Il. i. The contractor should have made sure that senlorlt7 practices and iob class- iflcatlans da not have a discriminatory effect. i- T~e contractor should hove made certlan that all facilities were not segregated by race. ko T~ne contractor should hove contlnua[ly monltorecl oil personnel activities to ensure that its EEC) patlay was being carried out including the evcluotlon of minority employees For promotional o~portunltles on quarterly b~sis and the encouragement of such employees to seek those opportunities. 1. The contractor should Have solicited blds For subcontractors from available minority subcontracts engaged in the trades covered by these Bid Conditions, including circulation of minority contractor asso¢iatlons. NOTE: l~e Assistant Regional Administrator of the OFfice of Federal Contract Co~e Programs and the compllcnce o~'ency sta~/ will provide technical assistance on questions pertaining to mlnorit?, recruitment s~urces~ minority community orgonlza~ions a~ minority ~ media upon ~celpt of a ~quest Far assistance ~om a contractor. 3. Subse,=uent S[~notoq,, to the NASSAU-SUFFOLK Plan. Contraator~ that am sub{eat to the requirements of Part II at Fne time of the submission of their bids which, together with labor organizations with which they hove collective bargaining agreements, subsequently become signatory to the NASSAU-SUFFOLK Plan, either individually or throug~ an assa¢iotlon, will be deemed bound to theh- commitments to the NASSAU- SUFi:OLK Plan From that time until and unless they once again become subject to the requirements of Part I1 pursuant to Section A. 1-6. 4. Non'.<tlscHmir~3tlon. In no event may a contractor utilize the goals and affirmative action steps required by this Part II in such a mcnner as to cause or result in d{scrlmlnatlon against any person on account of race, color, religion, sex or notlanol Port Ill: Camel;once and Enforcement. In all cases, the compliance of a contractor will be determined in accordance with : ;ts =bi;gat;OhS under the ~erms o; these B;cl Conditions. Therefore, contractors who ore governed by the provisions of: either Part I or Part II shall be subieat to the requirements o{ that Part regardless of: the obi;gat;om of ;ts pr;me contractor or lower tier subcontractors. Ali c~ntroctors performing or to perform work on proiects subieat to these Bid Con- diHons hereby agree to inform their s~bcontractors in writing of: their respective abllga- Hans under the terms and requirements of: these Bid Condit;ons, including the provisions relating to gc~ls of minority employment end training. .C. ontractors Subieat to Part ]. A contractor covered by Part I of these Bid Conditions shall be in compllonce with Executive Order 11246, as amended, fha implementing regulations and its obligations under Part I, provided the contractor together w~th the labor organization or organlzctian~ with which it has o c~llectlve bargaining agreement meet the goals For minority utili."a- tlon to which they committed themselves solely re%conslble for any Final determination of that question and the consequences thereof. 3. Where OFCCP finds that a contractor has Failed to comply with the requirements of the NASSAU-SUFFOLK Plan and its abllgatlons under Port I of: the~ Bid Conditions, it shall ta~<e suc.~ action and/or impose such sanctions as may be appropriate under the Executive Order and its regulations. When the OFCCP proceeds with such Formal action it has the burden of: proving that the contractor has not met requirements alr these Bid Conditions. The Failure of the contractor to comply with its obligations under the Equal Opportunity clause shall shift to it the requirement to come Forward with evidence to show theft it has met the gaocl Faith requi~.me, nfs of these Bid Condltlons_bv instituting at least the specific affirmative action steps hsted in Part II, Section 2. ~h~ contractor must also provide evidence of its steps toward the attainment of its trc~e's goals wlth~n the tlmetcbles set forth in the NASSAU-SUFFOLK Plan. The pendency of such Formal proceedings shall be tcken into cans~deration ~y whether such contractor can comply w[th ~he mqu~mmenfs oF Execut~ O~e~ as a~ed, as ~s ~hemfom a "ms~nsible pros~ctive c~ntractor" w~h;n ~he meaning of b~ic principles of Fed=al pmcum~nf law. B. _Contract=rs Subiect to Part Il . In regard to Part II oF these Bid Conditions, iF ~he con.=tar ~ets fha ~als ~n t~ NASSAU-SUFFOLK PJcn, or can demonstra~ th~ e~ ~ Fai~ ef~o~ has ~en make to ~et the goal. In that e~nt, no Fo~al san=flora or ~ed~n~ leading to~ ~nc~ions shall ~ ~n~ted unle~ the OFEce oF Federal Contact Compl~cn~ Pr=grams ~ete~i~s that the contractor has v~olated a su~tantlal requirement ~n the NASSAU-SUFFOLK P~an or Executive O~er as ame~ed, a~ ~H implementing m~lations~ ~nclud~ng the Failure o~ such contractor make a go~ Faith effoff to ~et ~H Fair share obl~gat~on ~F provided in the NASSAU- SUFFOLK Plan or has enga~d ~n unlaw~l d;scr~mlnat~0n. Such v~olat~ons shall be dee~d Fo ~ ~ncompl~a~ce with the Equal Oppa~n~ty clau~ of the contract, shall be ~u~s For opposition of the scant~ons a~ ~nclfies For in Executive 112~, as ~ended. 2. '~e OFCCP shall review Part I contractors' employment pr=ctlces during the per~ormanc~ aF the contract. Fun~her, OFCCP ~11 ~ ~lely responsible For any Final de~inaf{on ~af fha NASSAU-SUFFOLK Plan ~s no longer an ac~p~abte ~ati~ action pro,am ~ the con~quences the=of. ~e OFCCP may, upon view a~ notice to the contractor and any aFb=ted labor organize;on' dete~ that t~ NASSAU-SUFFOLK P~an no loner ~pm~nts eFFective aFfix=tire action. In that e~nt it ~all ~ set Foffh themln or can de~nstrate that ~t has m~e e~ go~ Faith ef~ to ~t t~e~ ~als, the contractor shall ~ presumed to ~ ~n c~m- pl~an~ wfth Execufi~ O~er 112~, as =me~ed, the ~mple~nt~ng mguiafions obl~get~ons u~er P=H II oF the~ B~d Conditions. In that e~nt, no Focal san=fl=ns or pmceed~n~ leadrng to~ sanctions shall be in~ituted unica the cont~cfing or admin~s~r~ng a~ncy ot~ ~ete~s that the ~ntrector ~s v~olat~ng the Op~n~ clau~. Where the agency f~nds that the contractor Foiled to comply with the require- ments of Executive Order 11246, as amended, the implementing regulations and the obllg=tlans under Part ~1 oF these Bid Conditions, the agency shall toke such action and impose such ~nctlonst which include suspension, fermlnafian, c=nc~llatlon, and debarment, as may be appmprlcfe under the Executive Order and its regulations. When the agency proceeds with such Formal action it has the burden oF pro, lng that the contractor has not met the ~cals contained in Part II af these Bid Conditions. The contrectar~s Failure to meet its ga=Is shall shift' to it the requirement to come Forward with evidence to show thai' it has met ~'he good Faith requirements of these Bid Conditions by instituting at least the specific aFfirmcti,,~ action st~los listed in Part II, Sectlan 2. T~ne pendency of such proceeding shall be taken into c~nslderatlon by Fec~eral agencies in defermlnlng whether such contractor can c~mply with the requlremenH oF Executive Order 11746, as amended, and is therefore a "Respon- sible prospective contractor" within i'he me=nlng oF the basic p nc~ples of Federal pr=cur=merit law. r' C. Obli!~flons Apollcoble to Contractors Subject Fo Either Part I or It shal[ ~ no exmu~ that ~e union with which ~he contractor has a collective ~[nlng egme~nt providing ~or exclusive m~al ~lled ~o ~fer mfnor~fy employes. D[s~ml~tlan in m~rml ~r emplo~nt~ even if pu~uant ~o provisions of bargaining a~ement,~s pmhib~d by the National L~r ~lat~ons Act, as emended, a~ T~tie Vll of the C~vii Rights Act of 19~ as ~nded. It ;s ~he pol;cy of ~he Offi~ of Federal ~n~act Compllan~ P~g~ms that ~n~acto~ ha~ a ~o provide equal empJo~nt op~nlty if they wl~ to pa~icl~ ~n ~de~Hy vol~ ~n~cH. To t~ e~ent ~y ha~ delegated ~e m~o~ibi[~ty For some of t~r emplo~ent pretties to a labor organization a~, as a result, a~ p~n~d ~m ~etfng their ~l;gatJom ~=nt to Execut[~O~er 1'12~, ns emended, such contracto~ cannot ~ comldemd to ~ in c~pl[=n~ w~th E~cutr~ O~er 112~, ~s ~mplement;ng ~les =~ regulations. Fa~l' IV: (~enerol Rectuirements. Contractors am ~sponslble for ~r ~bcontm~o~n ~iting, mga~le~ o~ ~{er, as ~o their m~ct~ ~l[gat[ons under Pa~ I a~ II hereof, ~s appHc~le. Whe~r a ~ntra~or subcontracts a port,on wo~ ~n any ~e ~md by t~ 8Td Conditions, ~t ~11 ~nc~ude ~he~ ~d Conditions ~n ~ch sub~ntracts a~ each sub~ntractor shall ~ bou~ by t~ Bid Conditions ~o the Full ex~nf ~ if it ~m the pri~ ~ntracfor. The contractor shall not, ho~ver, be held cccounfcble far tbe failure of its sub~nfmcton Fo ~1~II their obligations under the~ B~d Ca~t~om. Ho~r, the pri~ contractor shall give notice to the Assistant Regional Admlni~r of the Office of Federal Contra~ Compliance Programs of the De~.'h~nt af Labor and to the contracting or ~m~n/s~ring e~ncy of any m~sal Failure of any ~bcont~ctor to ~lfill ;H obl;gat~ons u~er t~ B~d Co~it~ons. A subcontractor's Failure to ~m,ly will ~ treated in the sa~ manor as such Failure by a pr{~ ~ntroctor. 2. Contractors hereby agree to m6'aln From entering into any contract er con- tract mcdll~cotlon subiect to Executive Order 11246, as amended, with a contractor deba~ed from, or who ~s determined not to be a "msponslble" bidder For Go~rnment con,'acts end Fedemlly--asslsted construction contracts pursuant ta the Executive Order. 3. The contractor shall carry out such sanctions and penalties For violation of these Bid Conditions and the Equal Opportunity clause including suspension, ~ermlnatlon end cancmllatlon of ex~st~ng subcontracts and department From Futura contracts es may be imposed or ordered pursuant of Executive Order 11246, as emended, end its implementing regulotlons by the contracting or admlnls~erlng agency and the OFf'ce of Federal Contract Compllanc~ Programs. Any contractor who Fails to carry out such sanctions and penolltes shall also be deemed to be in noncompllcone with these Bid Conditions c~nd Executive Order 11246, os amended. 4. Nothing herein is intended to relieve any contractor during the ~erm of its conic'act, From compllanc~ with Executive Order 11246, as amended, end ~he Equal Opportunity clause of its conh'act with respect to matters not covered ~n ~he NASSAU- SUFFOL}( Plan er ~n Part Il aF ~'hese Bid (~'onditions. ¢~n~a¢~ ~ch ~e ~e~ of the con~act~ng or adm~n~s~r{ng a~ncy de~e~nes ~s e~n~al ~o t~ national ~cur~y ~nd ~s awa~ without Fo~lowlng such pro,alums Ts ~ ~o the natFonal ~curlty. Upon ~klng ~ch a de~ina~Fon, the a~ncy ~e~ w~ll not~, in wr{flng, the Director of ~ OFfi~ oF Federal Co~r~cf Compl~an~ P~gr~s w~thln ~h~rty da~. 6. Requests For exempt{om From these Bid Conditions must be made, ;n writing, w~th iusfiF~cat~anl to the D{mctar, OFfice oF Federal Cant{cot Compliance Programs, Department of Labor, Washington, D.C. 20210, and shall be Forwarded through and wi~h the endorsement of the head of the controct~ng.o~ admlnistering agency. 7. Contractor,~ must Iceep such records ond F~le .such mpa{ts {cio{lng ~o the provisions oF these Bid Condlt~ons ~ shall be required by the contracting or cc~mln- {sic{lng agency or the OFfice oF Federal Contract Comp~{ance Programs. CHAPTER IV CONTRACTORS R~$PONSIBILITIES I. General Res~onisibi!ities of Contractor~ A. General Obligations Contractors bidding on non-exempt Federally involved construction con~rac=s should carefully review t. he general requirements relative to affirmative action and non-discrimination stipulated in the Equal -~mployment Opportunity (E~O) Clause and '~he Federal EEO.~ic Conditions, where applicable, which incorporate the voluntary, minority u=i!iza=ion plan (Hometown Plan) and/or impose minimum minority untili- zation goals and timetables on contractors. Upon award of the Federally involved construction contract the contractor will be bound by the requirements of the EEO Clause and applicable Federal EEO Bid Conditions and must be able to demonstrate compliance with those requirements, including th~ designa- tion of a high level company official to assume the responsibility for the contractor's E~_O Program. B. Notification of Specific Responsibilities Subsequent to award, but prior to the initiation of constr~ction on a covered Federally funded or assisted contract, ~he prime contractor and all known subcontractors will be notified by the Federal Compliance Agency, which awards or administers the contract, of the specific reporting and record keeping requirements under the EEO Clause (See 60-1 ) and Bid Conditions (See Appendix II). -2- C. Notification of Subcontractor Each prime contractor and subcontractor shall include by reference the EEO Clause and applicable Bid Conditions in all advertisements or other solicitations for bids, and shall include the E~O Clause and applicable ~id Conditions in all contracts. Each prime contractor and subcontractor must provide written notice to each s.ubcontractcr of the specific reporting and record keeping requirements under the EEO Clause and applicable Bid Conditions. ~pon award of a subcontract, eac~ ¢on~ractor shall immedia~e!y notify the Compliance Agency of the contract number, the subcontractor~s name, dollar amount of contract, estimated star= and completion dates, and the crafts which will perform work under the sub- contract. II. 0b!i~ations Under ~ederal ETO Bid Conditions. (See A=tachedFlow Chart on CONTRACTOR OVERVIEW) A. Hometo,~n Plans Par~ I. (Voluntary) Hometown Plans are Office of Federal Con=tact Compliance Programs (O~CC~) approved voluntary area-wide agreements between'the construction industry and representatives of the minority community establishing craft goals and time- tables for minorities. The ~lan and the signatory ~ar=ici- paring ~arties in the ~lan are incorporated in Part I of =he Bid Conditions for the Plan area. Contractors signatory to and participating in DepartL merit of Labor approved Hometown 9!ans and utilizing a local craft under Part I of ~he Bid Conditions are required to comply with the provisions of the Plan and the EEO Clause. Removal of contractors to Part II of the Bid Conditions and/or initiation of enforcement proceedings may be recommended to the OFCCP Regional Office by the Administrative Committee for a contractor,s failure to meet Eometown Plan requirements'. Such action may also be initiated directly by the OFCCP Regional Office for violation of the EEO Clause. B. Hometown Plan Part II. ADDendi~ A (Imposed Plan) and Special Bid Conditions Contrators subject to Part II of the Bid Conditions (including contractors participating in the voluntary plan bdt utilizing craft(s) subject to Part II requirements) and those affected by Appendix A of an Imposed Plan, or Special Bid Condi- tions are required to: Comply with the EEO Clause; Meet the minimum goals and timetables for aggregate workforce utilization specified in the Bid Conditions and/or Appendix A in each COVered craft on all covered work in the area under the Bid Conditions/Appendix A or provide DOCUmeNTARY ~;ID~NCE of good faith efforts to implement the minimum acceptable affirmative action program; - 4 - 3. File monthly or as directed by the contracting or administering agency, beginning with the effective date of the contract, workforce zation reports (Standard Form 257) reflecting the ' prime contractor's and each subcontractor,s aggre- gate workforce in each covered craft within the area covered by ~he Bid Conditions (See Appendix II) and a one time listing of all Federa%ly-funded or assisted contracts within the Bid Condition area by agency, contract number, location, dollar vo!=~e, percent completed, projected completion date, and a listing of all covered non-federal work, subse- quent to the submittal of the first listing. Monthly reports, thereafter, should only include new contracts received and those contract~ com- pleted; 4. Provide access to books, records, and accounts of ail covered construction sites and documentary evidence of good faith efforts to the Compliance Agency and/or the Office of Federal Contract Compliance Programs (OFCCP) for the purpose of conducting a review. When the Compliance Agency and the OFCCP have determined that the contractor has consistently met the minimum utilization goals in a covered craft over an entire construction season, re- pot%lng requirements will be changed from a monthly to a quarterly basis. However, if a contractor fails =o meet the minimum - 5 utilization goals during any quarter, monthly reporting requirements will be reinstated. Enforcement (See Attached Flow Chart on CONTRACTORS OVERVIEW) A. Compliance Review Contractors failing to meet the minimum utilization goals specified in the Bid Conditions, or subject to outstanding allegations of discrimination in violation of the E.E.O. C!ause will be subject to a thorough review of their implementation of t_he affi.-mative actiom program as specified in the Bid Conditions and, where required, a thorough review of their compliance with the E.E.O. Clause. Contractors will be subject to general enforcement, as stipulated in Subpart B of CFR 60-1 at the discretion of the agency or the OFCCP. A compliance review conducted by the Compliance Agehcy will consist of the following (See Appendix III B): 1. A thorough review of the contractor's books, records and accounts and other relevant docu- ments. (If a contractor has met the specified minimum utilization goals for the aggregate workforce the contractor will be presumed to be in compliance with the requirements cf the Bid Conditions and the review concluded, unless an allegation of discrimination in violation of the E.E.O. Clause has been made.); - 6 - 2. Validation of the information ~resented will be made through on-site reviews of a sample of all of the contractors projects to determine whether =he contractor has met its goals or has made a good faith effort to implement all of the affirm- ative action steps specified in the Bid Conditions, and has not violated the E.E.O.Clause. B. Remedial Commitments In the event that a con=factor has failed to meet the minimum utilization goals and had failed to provide adequate docu- mentar~ evidence of good faith efforts to implement the minimum affirmative action program as specified in the Bid Conditions, the contractor will he given an opportunity at the conclusion of =he compliance review to make specific written commitments, which will be signed by an officer of the company, to remedy all deficiencies identified during the review, provided that the contractor has not otherwise been found to have violated the E.£.O. Clause. If such commitments are made by =he contractor and approved by the Compliance Agency, the Agency will find the con- tractor in compliance and initiate monitoring of the specific commitments. C.Notice of Intent to Initiate Actions Leadin~ to If the con,factor fails to make, or having made, =o implement adequate remedial commitments, Sanctions fails and/or has been found 7 to have otherwise violated the E.E.O. Clause, the Compliance Agency will issue a show cause notice to the contractor pro- viding 30 days for the contractor to come forward with addi- tional evidence of its efforts to comply or to make adequate remedial commi=men=s, and, where required, to demonstrate ~hat it has not violated the ~.E.O. Clause. If the contractor makes such demonstration(s) and/or commitments, the Compliance Agency will withdraw the show cause notice and place the contractor in compliance, provided that any violation of the commitments will cause the contracting agency to proceed with actions leading to sanctions. D. Initiation of Actions Leadin~ to Sanction~ If, during the 30 day period provided, the contractor, (a) fails to document adequate good faith effort to implement the minimum required affirmative action steps or fails to make ade~ quate commitments to correct all deficiencies, or (b) where re- quired, fails to demonstrate that the. E.E.O. Clause has not been violated, the Compliance Agency will initiate actions leading to the imposition of sanctions against the contractor, pursuant to 41 CFR 60-1.26. Upon such action by the Compliance Agency and approval by the OFCCP, the contractor will be notified that actions leading to sanctions have been initiated. The notice will state the rea- sons for the action and provide 14 calendar days for the contractor to request a hearing regarding the imposition of sanctions. - 8 - 14 such sanctions as 60-1 , including ineligibility for contracts. If no request for hearing is received within the day period, the Compliance Agency and/or OFCCP will impose are deemed appropria=e provisions of 41 CFR cancellation, termination, debarment or further federally funded or federally assisted Upon receipt of a request for hearing, the Compliance Agency and/or OFCCP will arrange for and conduct a hearing on the issues outlined in 41 DFR 60-1 and 41 CRF 60-30. During the pendency of any such request for hearing, a contractor's other federally involved contracts may be suspended in whole or in part, pursuant to the provisions of 41 CFR 60-1. However, no sanctions Or penalties specified in 41 CFR 60-1 or Executive Order 11246, as amended, may be imposed without the approval of the Director, OFCCP. j The hearing procedures (41 CFR 60-30) provide that any conciliation agreement or consent decree proposed as a settlement of the issued and the final decision on the L~positicn of sanctions must be approved by the Secretary of Labor or the Director, OFCCP. IV. Technical Assistance The Compliance Agency and OFCCP Regional Office staff will provide technical assistance regarding the implementation of the requirements of the E.E.O. Clause, Federal Bid Conditions and/or Appendix A upon receipt of a request for assistance from a contractor. ORe~uirements for Contractors (See Rules and Regulations, Title 24, Part 135, Federal Reoister, October 23, 1973} PURPOSE In the administration of any HUD funded program, to the greatest extent feasible: ooportunities for training and emplo.vment arisino in connection with tme olanning and carrying out of any project assisted under any such pro,ram be given to lower income oersons residing in the area of such project; and {ii) contracts for work to be oerformed .in connection wi th any such oroject be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of such orojecr. , REQUIREMENTS I. Section 3 Affirmative Action Plan A. Identification of Affirmative ACtion Officer, by name. Identification of firm or contractor? contractin~ agency and contract (total dollar amount, scope of work, contrac:'num~er, project number, description of project area, etc.) C. £moloyment l. Trainees A listing by work categories of (i) total number of trainees to be utilized; {ii) number of those already on oermanent work force; and (iii} number of those to be recruited and employed from project area; A detailed description of specific means to be utilized to recruit Oroject area residents, including soecifir i~entification of area organizations, advertising media, s~gn placement? etc.; c. Statement explain that contractor will maintain a list of all project residents applying and records indicating status of action taken~ with reasons for such. 2. S~illed £mployees Same as a. ,b. and c. above. -1- O. Businesses, Subcontractors, Vendors, etc. Listing of each category, of coeds and services to be utilized on subject contract, alon~ with estimated dollar amount value of each; 2. Listing of dollar value planned to be awarded to project area businesses, suPcontractors, vendors, etc.; Detailed descriotion of specific means to be taken to oublicize, advertise, notify, etc., area businesses, eec., of oooortunit¥ to become subcontractors~ etc.; indicate soecific or~anizacions c~ntacted, advertisements placed, etc.; Records of actions taken to implement above-described plan, and reasons for such; 5. Insertion in bid documents/negotiation documen'ts of contractors affirmative action olan, oroject area description, etc. Statement that a)l reports, records, etc., relating to the imolementation of this Section 3 Plan will be ooen and available for insoection to authorized reoresentatives of the Department of Housin~ and Urt)an Oevelooment~ the contracting aoenc¥. Fo Statement %hat the Rules and Regulations, Title 24, Part 135, will be posted consoicuous)y in offices and places frequented blt employees, applicants, orosoective subcontractors, vendors, etc. Statement that the contractor and the Affirmative Action Officer will cooperate with the Department of Housing and Urban Development in complying with the Section 3 Regulations. ~ H. Statement that .the contractor will submit whatever reports are required by the Department of Housing and Urban Development. SPECIAL NOTE The Assistant Secretary for [qual Opportunity has been delegated the functions of the Secreta~ of Housing and Urban Develooment in administerin? programs pursuant to Section 3. The Assistant Secretary for Equal Opportunity will issue such further regulations in connection with his/her responsibilities under Section 3 of the Housing and Urban Development Act of 19687 12 U.S.C. as amended? 1701u., as he/she finds aoorooriate and may, as needed, amolif¥ any regulations issued oursuant to Section'3, through ~uidelines, handbooks, circulars or other means. (ii) Require, in consultation with the Administrator of the Small ~usiness Administration, that to the greatest extent feasible contracts for work to be performed in connection with any such project be awarded to business concerns including but not limited to individuals or firms doing business in the field of planning, consultino, desion, architecture, buildino construction, rehabili- tation, m~intenance, or repair, which are'loca:ed in or owne~ in substantial Dart b7 oersons r~sioing in the area of such ~rojecr. -2- (b) In the development of these regulations the Secretary has consulted with the Secretary of Labor and the AdminiStrator of the Small Business Administration and mutual agreement bas Oeen reached with respect to the ~oordination of emoloyment and traininQ ~.fforts and contracts awards under t~ese requIa:ions by the Oeoartment of Housinq and Uroan Deve)ooment, the Oeoarl~ment of La~or, and the ~gall Business Administration. The regulations as set forth in this part, particu)arly Subparts C and D of this part, shall serve to define"to the greatest extent feasible" as that term is applied in section 3 of the Housing and Urban Development Act of 1968. (d) The Secretary will issue such further regulations in connection with his responsibilities under section 3 of the Housing and Urban Development Act of 1968, as he finds appropriate and may, as needed, aml)lify any regulations issued pursuant to section 3, through guide- lines, handbooks, circulars or other means. s 135.5 Definitions. As used in this part -- "~" means any entity seeking assistance for a project including, but not limited to mortgagors, develooers, legal public bodies? nonprofit or limited dividend soonsors, builders, or prooerty manaQers. "Business" concerns located within the section 3 covered project area" means those individuals or firms located within the relevant section 3 covered oroject area as determined oursuant to ~ 135.15, listed on the Deoartment's reqistr¥ of eiigible business concerns, and which oualif¥ as small under the small business size standards of the Small Business Administration. (c) -"Business concerns owned in substantial part by persons residing in the section 3 covered project area" means those business concerns which are 51 oercent or more owned by persons residinq within th~ relevant section 3 covered project as determined :ursuant to ~ 13B.15, owned by persons considered by the Small Business Administration to be socially or economically disadvantaQed? listed on the Department's registry of eligible business concerns, and which qualify as small under the small business size standards of the Small Business Administration. (d) "Contracting party" means any entity which contracts with a contractor for the performance of work in connection with a section 3 covered project. (e) "Contractor" means any entity which performs work in connection wi th a section 3 covered project. -B- "Department" means the Department of Housing and Urban Development. "Lower income resident of the area" means~any individual who resides within the area of a section 3 covered project and WhOSe family imcomm odes not exceed 90 oercent of the median income in the StanUar~ Metrooolitan Statistical Area (or the county if not within a SHSA) in which the section 3 covered project is located. (h) (J) (k) "Political jurisdiction" means a politically organized con~nunity with a qovernin~ body herin9 genera) ~overnment :owers. "Recipient" means any entity who received assistance for a project including, but not limited to, mortgagors, developers, local public bodies, nonprofit or limited. "Secretary" means the Secretary of Housing and Urban Development. "Section 3" means section 3 of the Housing and Urban Development Act of 1968, 12'U.S.C. 1701u. (1) (m) "Section 3 clause" means the contract provis~ons set forth in s 13S.2O(b). "Section 3 covered project" means any nonexempt project assisted by any program administered by the Secretary in which loans, grants, subsidies~ or other financial assistance are provided in aid of housino? urban plannino~ development, redevelooment, or renewal, public or coranunitv facilities~ and new tone,unity deve]ooment (excemt wher, the financial assistance availaPle under such oro~rem is solely in the form of insurance or quaranty). Projects, contracts and subcontracts, connected with programs administered by the secretary under sections 235 and 236 of the National HousinQ Act, as well as any Public Housin9 Proqram and which do not exceed S500,000 in estimated cos~ are · exemote~ from the requirements of t~is par:, as is any subcontract of $50,000 or under on such projects or contracts in excess of S500.000. (n) "Subcontractor" means any entity (other than a person who is an employee of the contractor) which has agreed or arranged with a con- tractor to undertake a portion of the contractor's obligation or the performance of work in connection with a section 3 covered project. ss 135.10 Delegation to Assistant Secretary for Equal Opportunity. Except as otherwise provided in this part, the functions of the Secretary referred to in this part are deleoated to the Assistant Secretar~ for Equal Opmortunity. The Assistant'Secretary is further authorized to rede)eoate functions and resoonsibilities deleqated in this section ~o emoloyees of the Deoartment, orovided, however, that the authority to issue rules and regulations under ~-~may not be redeleqated. -4- s 135.15 Determination of the area of a section 3 covered project. (a) The area of a section 3 covered project shall be determined as follows: (1) The boundaries of a section 3 covered project located: (il Within a geo?eohic area designated as an urban renewal area pursuant to the provisions of title I of the Housing Ace of 1949, 42 U.S.C. 1450; or (ii) Within a oeoo.eohic area designated as Model Cities areas or Metrooolitan Development Plan areas pursuant to th~ provisions of title I of the O~onstration Cities and Metroooiitan Develooment Act of 1966~ 42 U.S.C. 3301; or (iii) Within a ~eo~raohic area desi?ated as an Indian reservation (to include all territory within reservacion Ooundaries, including fee patented roads, waters, bridges and lands used for agency purposes), shall be coextensive with the boundaries of that geographic area. (3) The boundaries of a section 3 covered oroject not located within a oeoQraphic area designated pursuant to Title I of the Housin~ Act of Ig49, or Title I of the D~onstration Cities and Metropolitan Develomment Act of 1966 shall De coextensive with the bounOar~es of the smallest political jurisdiction in which the project is located. To the extent that goals (established pursuant to Subparts ), C, and D of this part) cannot be met within a section 3 covered project area as determined pursuant to paragraph (al (1) of this section, the boundaries of the smallest political jurisdiction in which th. section 3 covered project is located shall be desi?ated as One relevant section 3 oroject area. The determination to aoolv this suPparagraph shall be made oy the Assistant Secretary fo~' E~ual Opportunity or by the same official designated by the Assistant Secretary for Equal Opportunity to determine the section 3 covered project area pursuant to paragraph (a} (l} of this section. (b) The Department's Regional Administrator, Area Office Director, or FHA Insuring Office Director, as appropriate, shall determine the boundaries of each section 3 covered project. s 135.20 Assurance of compliance with regulations. S (a) Every contract or agreement for a grant, loan, subsidy, or other direct financial assistance in aid of housing, urban planning, development, redevelopment, or renewal, public or community facilities, and new conm~unity development, entered into by the Department of Housing and Urban Development with r~soect to a section 3 covered project shall contain provisions r~ulrlng the a~piicant or rec~p~en: to carry out the provisions or section J, t~e regulations set ;ortn in this parc, eno ~hy app$~cao(e rutes and orders of the DeoartJnent issued thereunder prior to approval of its application for assistance for a section 3 covered project. -5- (b) Bm Every aoolicant, recioient, contracting oart¥, contractor, and suo~ontractor shall incoroorate, or cause to :e incorporated, in all contracts for work in connection wit~ a section 3 covered Dro~eC%, foll owinq clause (referred to as a section 3 clause}. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban gevelopment and is subject to the requirements of section 3 of the Housing and Urban Oevelopment Act of lg68, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employ- merit be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by ber$ons residing in, the area of the project. The parties to this contract will comply with the provisions of said section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban DevelOpment set forth in 2~ CFR, and all applicaPle rules and orders of the Department issued thereunder. -6- ~I:IPORTA.\'T P~EASE READ PURPOSE OF TH~ SECTION 3 PLAN This plan exists in order to insure ~hat to the greatest extent feasible a good faith effort will be made to: 1 - Provide an opportunity for training and employment to low-moderate income residents of the project area. 2 - Provide businesses located in the Project area with the opportunity to become subcontractors and/or vendors. In order to accomplish the above all potential contractors must sign t. he Contractor's Compliance Form contained in this section. In addition al__l potential contractors must complete the Contractor's Section 3 Plan. This plan indicates what actions, if any, are proposed for hiring project area residents and for subcontracting with.project area businesses. A list of organizations concerned with the employment of project area residents is included in this Section in order to assist you when filling out the Contractor's Section 3 Plan. Also included in this Section is a Trainee Utilization Plan and a Skilled Employee Utilization Plan. The successful bidder must complete ~hese 2 forms. PLEASE NOTE: The successful bidder is the one wi~h the lowest bid. Each bidder however must sign the Contractor's Compliance Form and complete the Contractor's Section 3 Plan. Ore: Project No: Location: STATEMEh~OF COMPLIANCE Trainin~ Employment~ and Contractin~ Opportunities for Businesses and Lower Income Persons The project assisted under this '(contract agreement) is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to %he greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. Bo Notwithstanding any other provision of this (contract)(agreement), the (applicant)(recipient) shall carryout the provisions of said section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and order of the Secretary issued thereunder prior to the execution oft/lis (contract)(agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of %he project: %he making of a good faith effort, as defined by the regulations, to provide training, employment, and business oppor- tunities required by section 3; and incorporation of the "section 3 clause" specified by Section 13§.20(b) of the regulations in all contracts for work in connection with the project. The (applicant) (recipient) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. Co Compliance with the provisions of section 3, the regualtions set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued thereunder prior to approval by the Government of ~he application for this (agreement)(contract), shall be a condition of the Federal financial assistance provided to the project, binding upon the (applicant)(recipient), its successors and assigns. Failure to fulfill these requirements shall subject the (applicant)(recipient), its contractors and subcontractors, its successors, and assigns to the sanctions specified by this (agreement)(contract), and to such sanctions as are specified by 24 Ck-K Section 135.135. Company Name: Address: Official Signature Typed/Printed NYAO-EO:GEM/rcs 6-14-74 CO TRACTOR'S SECTION 3 PLAN 1 - Name of Firm Address Phone # 2 - Project Name/Description Project Location Please use additional sheets if needed. 3 -E~lo~ment a - Do you expect ko bite any project area residents? b - If yes how many? Trainees Skilled Employees Total Yes NO c - What orEanizations, if any, from the a~ached list do you intend to notify? d - What publications will you use for employment notices? Subcontractors Do you expect to use project area businesses as subcontractors or vendors? YES If yes how many? - l~nat businesses, if any, froa :he project area will you request bids from? NO Plan prepared by. Name Posi%ion Date SKILLED E}~PLOYEE UTILIZATION PLAN If more space is needed please continue on other side of page. CONTRACTOR' S NA~E: ADDRESS: TELEPHONE: PROJECT NAME: ADDRESS: 1 - Total number of skilled employees to be u:ilized on :his project? Please list by work category. # OF SKI%!.~n EMPLOYEES- WORK CATEGORY 2 - To:al number of skilled employees currently on your permanen: work force? Please lis: by work category. # OF SKIT.T.F.n EMPLOYEES WORK CATEGORY 3 - Total number of skilled employees curren:ly to be recruited and hired £ro= the project area? # OF SKILLED EMPLOYEES WORK CATEGORY DATE COMPANY OFFICIAL'S SIGNATURE AND TITLE Ti%INEE UTILIZAT~0N PLAN If more space is needed, please continue on other side of page. CONTRACTOR ' S NAME: ADDRESS: TELEPHONE: PROJECT NA~E: ADDRESS: 1 - Total number of trainees to be utilized on this project? Please list by work category. # OF TRAINEES WORK CATEGORY 2 - Total number of trainees currently on your permanent work force? Please list by wOrk category. t~ OF TRAINEES WORK CATEGORY 3 - Total number of trainees currently to be recruited and hired from the project area? # OF TRAINEES WORK CATEGORY DATE COMPA~ OFFICIAL'S SIGNATUP, E AND TITLE ORG NIZATIONS CONCERNED WITH 1~ . >iPLOYMENT OF PROJECT AREA 'LOW INCOME RESIDENTS The Long Island Affirmative Action Programs, Inc. 150 Route 110 Melville, N.Y. 11746 New York State Department of Labor Employment Offices: 75 E. Hain Street, Riverhead, N.Y. 11901 1800 New York Avenue, Huntington Station, N.Y. 117 Main Street, Bridgehampton, N~Y. 11932 63 Park Avenue, Bayshore, N.Y. 11706 State Office Building, Hauppauge, N.Y. 11787 55 Medford Avenue, Pa~chogue, N.Y. 11772 11746 La Union Hispanica 244 E. ~lain Street Patchogue, N.Y. 11772 Economic Opportunity Council of Suffolk, Inc. 98 Austin Street Patchogue, N.Y. 11772 INb-'TRUCT1C)NS4::OR FtLJNG MONTHLY EMPLOYME~I. T UTILIZATION REPORT (CC-257) r~nsibie offiaal of ~e ~mgany. ~e r~ are to be fii~ by ~e 5~ ~aV of ea~ mont~ ~uring the ;erin of ~e 0~ 112~ r~o~ibiliw. (Additional ~im of mis form may ~ oamin~ from ~e U.~. Oeoa~en~ of ~Dor, E~iov~nt S~nda~ Admini~m~ion, OF~'s r~ionat o~ for y~r area.} CONTRACTING OPPORTUNITIES FOR MINORITIES AND FEMALES NAME OF PROJECT: PROJECT NUMBER: MUNICIPALITY: COMPANY NAME: ADDRESS: TOWN, STATE, ZIP: SIGNATURE: TITLE: PERIOD OF CONSTRUCTION: FROM DATE: TO: month/year month/year Is your company minority or female owned? yesl--I no i--I Is your company subcontracting~_Qny part of this contract, to a minority or female owned business? yes ( 7J no ~) If you answered yes to either question above, please check each box that applies to your company: Black I ! Hispanic Native American ~'~ other ~'~ specify Amouht of Contract $ Check each box that applies to your sub-contractor male ~ female black ~ Hispanic ~-~ Native American ~-~ other Amount of Subcontract Con~r~acto~ I.D. # Sub-conTmactor I.D. # specify 6500.3 HUO~ed~O~. Page 1 o~ 14 cla~m~.f~aat:ma ~',~eaa a,~ befoz~ .&Z.la, rl~ e~' m~ch 9/";3 Page 4 of 14 6500 Pa,qe $ o~ 14 6500.3 ~ vhAc~ i~ ~eic~ipti~ of an7 o~ the fo~.cnr~ 9/'7~ Paqe 6 o~' 14 ~ 6500.3 ?e mzpez,e-'Aeoz,~r ~ ole~ ~ee~ ~, ~ ZAp C~ of ~1~ ~-). ~,~!t~ a ~ Paqe 7 of 14 9/7~ 6500.3 Pa~z'oLl o£ emplcyer~ fA.ual wox:k week ~m th~ px~Ject (cCmPle~l~n of ~ work) ia For Week Ead~. ~ laat ;'re of the vox~ ~a ~ ~ ~ s~e~. ~e ~11. ~i~ti~. for '~l~'a c~ - ~t ~q~ ~ 9,'75 Page 8 of 14 '~-- ~hi= 1 Pm~ 9 ~f 14 10. Each ea~B work cla~ifAc~tic~ ~ s~A~e~ ~ Col'~u2 ~, a~ ~cota.1 fo= wee~: i,u ¢o1~...~. 5. The applicable wa~e ~te for ea~.~ cl~ai- flc~2~n of wo~c i~ at.ted ~u Col~ ~. ~he rel&'~ed "bloc~" or · F~i.,,~. COlmy of off all of th~ cLa~aea of wcx~c ~ 11. 6500.~ ~ 1 ~ 10) Col~ ~ 1-1/2 12. Safe~/ S~a~daxd= Ac:). 13. official of ~ae e~plo.y~x' who ~=~ to ~ for ~ ~1~. ~. Weekly, Pa~x~ll Review. Each employe= ham ~ +~- week~ payroll for cca~liamce with 6500.3 I ~ ~'~*. i 9/75 ~ 14 o~ 14 ~ NOTICE TO BIDDERS FAIR TRADE PRACTICE Please be advised that Section 109 of Public Law 100-202 restricts awarding contracts for work on public buildings or public works to contractors or subcontractors from foreign countries that deny fair trade practices to the United States. Currently, Japan is the only foreign country that has been so classified. The prohibitions in Section 109 also apply to products used in these activities, such as affixed electronics, utilities and instruments. certain equfpment, The United States Trade Representative (USTR) shall maintain a list of each foreign country which - (A) denies fair and equitable market opportunities for products and services of the United States in procurement, or denies fair and equitable market opportunities for products and services of the gnited States in bidding, for contruction projects thac cost more than $500,000 and are funded (in whole or in parC) by the government of such foreign country or by an entity controlled directly or indirectly by such foreign country. " A contractor or subcontractor shall be considered co be a citizen or national of a foreign country, or controlled directly or indirectly by citizens or nationals of a foreign country: if 50 percent or more of the Contractor or subcontractor is owned by a citizen or a national of the foreign country; (2) If the title to 50 percen: or more of the stock of the Contractor or subcontractor is held subject to trust or fiduciary obligation in favor of citizens or nationals of the foreign country; (3) If 50 percent or more of the voting power in the Con~ractor or subcontractor is vested in or exercisable on behalf of a citizen or national of the foreign country; (4) in the case of a partnership, if any general partner is a citizen of the foreign country; <~) [n the case of a corporation, if its president or other chief executive 'officer or the chairman of its board of directors is a citizen of the foreign country or.the majority of any number of its directors necessary to constitute a quorum are citizens of the foreign country or the corporation is organized under the laws of the foreign country or any subdivision, territory, or possession thereof; or (6) In the case of a contractor or subcontractor who is a Jolnt venture, if any participant firm is a citizen or national of a foreign country or meets any of the criteria in parapraphs (1) through (5) of this notice. 'Product', as used in this notice, means construction materials - i.e., articles, materials, and supplies b~oughc to the construction site for incorporation into the public works project, including permanently affixed equipment, instruments, utilities, electronic or other devices, but hOC including vehicles or construction equipment. In determining the origin a product (insert name of grantee), will consider a product as produced in a foreign country if it has been assembled or manufactured in the foreign country, or if the cost of the components mined, produced, or manufactured £n the foreign country exceed 50 percent of the cost of all its components. of 'Component', as used in this notice, means those articles, materials, and supplies incorporated directly into the product. 'Contractor or subcontractor of a foreign country", as used in this notice, means any Contractor or subcontractor that is a citizen or national of a foreign country or is controlled directly or indirectly by citizens or nationals of a foreign country. Unless a waiver to these restrictions is granted by the Secretary of Housing and Urban Development, no contract will be awarded to an offeror (a) who is owned or controlled by a citizen or national of a foreign country included on the list of foreign countries that discriminate against U.S. firms published by the USTC, (b) whose subcontractors are owned or controlled by citizens or nationals of a foreign country on the USTR list or, (c) who incorporates any product of a foreign country on the UiT~ list in the public works project. Nothing contained in the foregoing shall be construed co require establishment of a system of records in order co render, [n good faith, the certification required. The knowledge and information of an offerer is not required to exceed ~hac which is normally possessed by a prudent person in the ordinary course of business dealings. The USTR published an inl=ial lis= in =he Federal Regis=er on December 30, 1987 (53 FR 49244) which Iden=lfied one coun=ry - Japan. The USTR can add coun=ries to =he lis=, and remove coun=ries from it, in accordance wi=h sec=ion 109(c) of Pub. L. 100-202. FAIR TRADE CERTIFICATION of I, being a principal Name of Contractor the 2) 3) 4) 5) 6) Name of Company or Corporation 'Offeror" certify by signature below herein after known that: The offeror has read and understands the Notice Bidders entitled 'Fair Trade Practice" The offeror is not a contractor of a foreign country included on the list of countries that discriminate against U.S. firms as published by The U.S. Trade Representative (USTR); The Offeror has not or will not enter into any subcontract with a subcontractor or a foreign country included on The USTR list; The offeror will not provide any product of a country included on the USTR list; An offeror unable To certify in accordance with paragraphs 1, 2, 3, and & above shall submit with its offer a written explanation fully describing The reasons for its inability to make the certification; and The offeror shall provide immediate written notice to the ConTracTing Officer if, at any time before the contract award, the offeror learns that its certification was erroneous when submitted or has beoome erroneous by reason of changed circumstances. SignaTure of Company/Corp. Principal Title Date Contractor idenTificaTion Number The making of a false, flctiti~us, or fraudulent certification may render the maker subject to prosecution under TiTle 18, U.$.C. 1001. Invitation to Bid Project: Construct 3 All Weather Tennis Courts - Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York 11958 The Town Board of the Town of $outhoid will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of 3 All Weather Tennis Courts, located at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, NY, in accordance with the specifications prepared by the Southoid Town Community Development Office. Bids will be received at the Office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southoid, New York 11971, until 10:00 AM, Thursday, April 24, 1997. All specifications are provided herein. A fee of twenty five ($25.00), cash or check, made payable to the Town of $outhold 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 $outhoid 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 retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Dated: March 18, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southoid Town Clerk JUDITH T. TEPA~Y TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 18, 1997: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids to construct three (3) tennis courts at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, N.Y. Judith T. Terry ~ Southold Town Clerk March 19, 1997 RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids to construct 3 tennis courts at Robert W. Tasker Memorial Park, Peconic, NY. If you have any questions on the above, please contact Jim McMahon INVITATION TO BIDDERS: CONSTRUCTION OF ALL WEATHER TENNIS COURTS Robert W. Tasker Memorial Park Peconic Lane Peconic, New York April, 1997 INDEX TO SPECIFICATIONS INVITATION TO BID & BIDDING REQUIREMENTS PROJECT DESCRIPTION INSTRUCTION TO BIDDERS PROPOSAL FORM STATEMENT OF NON-COLLUSION NYS AFFIRMATIVE ACTION CERTIFICATION BID BOND OFFER OF SURETY GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION PERFORMANCE BOND & LABOR & MATERIAL PAYMENT BOND GENERAL RELEASE PREVAILING WAGE RATES COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS Invitation to Bid Project: Construct 3 All Weather Tennis Courts - Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of :} All Weather Tennis Courts, located at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, NY, in accordance with the specifications prepared by the Southold Town Community Development Office. Bids will be received at the Office of the Southold Town Clerk, Southold Town Hall, 5:}095 Main Road, Southoid, New York 11971, until 10:00 AM, Thursday, April 24, 1997. All specifications are provided herein. A fee of twenty five ($25.00), 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 Southoid decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southoid reserves the right to waive any informalities and to reject a~iy or all bids and retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Dated: March 18, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk Robert W. Tasker Memorial Park ALL WEATHER TENNIS COURT SPECIFICATIONS These specifications are standard and are set forth by the United States Tennis Court and Track Builders Association. Work Includes: 1. Grading - Fine grade the sub-base. 2. Aggregate Base Course - On top of the compacted subgrade a 4" R. C. A. base course will be installed. The surface will be graded with a 1% slope and will not vary by more than a 1/2" in 10 feet. 3. Asphalt Levelling Course - Upon completion of the stone base, a I 1/2" NYSDOT TYPE A asphaltic concrete level course will be installed. The surface shall not vary by more than 1/4" when measured in any direction. 4. Install Concrete Foundations for net posts and center strap - Concrete for net post foundations is to be flush with the asphalt level course, net post sleeves will remain 1" above grade so that they will be flush upon completion of paving. Concrete edges will be covered with a gao-textile fabric prior to placement of final paving. : 5. Asphalt Surface Course - Upon completion of the concrete work, a 1" NYSDOT type i AC asphalt concrete surface course shall be installed. Surface shall not vary by more than a 1/8" in any direction. 6. Fence - To be installed by others 7. Acrylic Resurface - Over the entire tennis court surface, install one coat of acrylic resurface. This will fill all voids in 'new asphalt surface. 8. Deco-Color - Install three (3) coast of pure acrylic Deco-Color to provide a tough durable finish. The first two coats shall contain pure silica sand for a uniformed textured surface. The final coat will be pure to provide a uniform surface. 9. Prior to play, install playing lines. Nets, posts and center straps to be provided by the Town of Southoid. 120' I i I I I I I I I I I ROBERT W. TASKER MEMORIAL PARK TENNIS COURTS NOTE TO ALL CONTRACTORS; The completion of the following work requires inspections and approval by: James Richter Southoid Town Engineering Department Southoid Highway Department Peconic Lane Peconic, NY 119S8 (516) 765-3070 Aggregate Base Course Asphalt Leveling Course Installation of Concrete Foundation for net post and center strap Asphalt Surface Course Installation of Fence Acrylic Resurface Deco-Color of playing surface Requests for further information and all inquires about the construction phases of the project should be addressed to James Richter at the Southold Town Engineer Office. Inquires on the federal rules and regulations pertaining to this project should be addressed to James McMahon, Southold Community Development Office at 76S-1892 Instruction To Bidders A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidder shall write in ink, both in words & numerals, the price being proposed: to furnish all materials, equipment, tools, labor and services necessary for the proper completion of the work in accordance with the plans and specifications and subject, at all times, to the approval of the Town of Southoid. Each proposal must be signed in writing, with the full name and address of the bidder. Proposal shall be addressed as indicated on Invitation for Bids and shall be delivered, enclosed in an opaque sealed envelope marked "Proposal" bearing the title of work, and the bidders name. No proposal shall be considered which has not been received by the Southoid Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payabl~ to the Town of Southoid. As soon as the proposal price have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the specifications, visit the site and inform themselves of all conditions and matters which can in' any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions in the specifications or other documents or should he be in doubt as to their meaning, he should at once notify the Southold Community Development Office who may issue a written instruction to all bidders. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest bidder, if it is in the best interest of the Town of Southold. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by the successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award, the Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document Al01 "Standard form of Agreement between Owner and Contractor (Stipulated Sum). The Town will either award the project or reject all proposals received within forty-five (45) days after the formal openings of proposals. The acceptance of proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, ~ stipulated herein. The amount of the bonds shall not be less than one hundred (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her request authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which is incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond may be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that he has available or under his control, plant, equipment and materials of the character and in the amount required to complete the proposed work in the specified time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town of such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance there of shall be null and vgid, and the Town shall be entitled to liquidated damages as above provided. J. TIME FOR EXECUTION OF CONTRACT WORK The contractor shall commence work within (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of $outhold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. PROPOSAL FORM Name of Bidder: To-' Southold Town Board Town Hall - 52095 Main Road Southold, NY 11971 Members of the Board: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principal are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud and that no person acting for or employment by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents, including bidding requirements, contract, general and special conditions, specifications, contract drawings and addenda, if any; that he has satisfied himself by personal examination of the proposed work and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town and perform all the work required to construct, perform and complete the work at: Robert W. Tasker Memorial Park Peconic Lane Peconic, NY 11958 and all other work in connection therewith, in accordance with contact documents and addenda, if any, prepared by the Southold Community Development Office 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: FURNISH AND CONSTRUCT (3) ALL WEATHER TENNIS COURTS. THE COURTS SHALL BE AS INDICATED ON THE SPECIFICATION SET FORTH IN THE BID DOCUMENTS. THE CONTRACTOR SHALL PROVIDE ALL LABOR AND MATERIALS TO CONSTRUCT THE 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 to the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) day after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time pe~od. Signature of Bidder: / _ _~ _/.~~'~/~/~_~ ./~.__~ Business Address: c~-~ /..J~ ~/~..~ $ ~ Telephone Number: Date: STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-,:1 General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non--collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The pdces in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such pdces with any other bidder or any competitor. (2) Unless otherwise required by law, the pdces which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indiractly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION · Resolved that ~y~P/-f~;',.t.. ~-I~.~.~-~*-c,c.~F-clJ ~ fc~.o~z~_.~.JC (~:;,/.~, be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Construction of 3 All Weather Tennis Courts ~ Robert W. Tasker Memorial Park, Peconic Lane, Peconic, NY 11955 and to include in such bid or proposal the ce~ficate as to non-collusion required by section one-hundre~-three-a (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by .~"./~l~...- corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 19SS Ch. 751, Sec. 103-d, as amended effective September 1, 1965 (Signature) NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bic~der) Certifies that: 1. it intends to use the following listed construction trades in the work underthe 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: ; an'd/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 pdor to the award of any subcontractor under this contract the subcontractor certification requjr, ed by thes~Bid Conditions. (Si~rfature'~f Authorized I~epresentative of Bidder) RLI Bid Bond Administrative Office: 518 Stuyvcsant Avenue P.O. Box 615 Lyndhurst, NJ 07071-9836 Bond No. RL-0213706 KNOW ALLMENBYTHESE PRESENTS, that we SYPHER CONSTRUCT[ON AND PAVING C0RP. 950 WEST MAIN STREET RIVERHEAD NY 11901- as Principal, hereinafter called the Principal, and RLI INSURANCE CCMPANY 518 Stuyvesant Avenue, P.O. Box 6t5 Lyndhurst. New ~ ~rsey 07071-9836 a corporation duly organized under the laws of the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOU~ TOWN HALL SOUTHOLD NY 11971- as Obligee, hereinafter called the Obligee, in the sum of 5~ of bid not to exceed *Three Thousand & O0/iCC* Dollars ($ '"~'~'~'~3.000.00), for the payment of which sum well and truly m be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administratom, successors, and assigns, jointly and severally, firmlyby these presents. WHEREAS, the Principal has submitted a bid for CONSTRUCTION OF ~LL WEATHER TENNIS COURTS AT ROBERT W. TASKER MEMORIAL PARK NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Bond RL-0213706 ~itness) has been signed, sealed and dated 04/24/1997. SYPHER CONSTRUCTION AND PAVING CORP. .~' /s .... (Title) RLI INSURANCE COMPANY Ann Marie Keane Attorney~ in-Fact ACKNOWLEDGEMENT OF SURETY State of New Jersey County of Bergen RL-0213706 On 04/24/1997, before me personaily came Ann Marie Keane to me known, who, being by me duly sworn, did depose and say that she is an attorney-in-fact of RLI Insurance Company the corporation described ia and which execated the within instrument; that she knows the corporate seal of said corporation; that the seal affixed to the within iastrument is such corporate seal, and that she signed the said instrument and afl. ed the said seal as Attome~(-ia-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. KIMB£~Ly M, DIBLA$! My comnUssion expires ~gg4~cf~e~ERS~.Y D t V I S I 0 N Bond # RL-0213706 RLI Insurance Company December 31, 1995 Admitted Assets Investments: Fixed maturities ........................................... $177,396,598 Equity secur~ies ........................................... 183,352,511 Short-term investments ................................ 5,493,703 Rent estate ................................................. 4,563,594 Collateral ~oans ............................................. 1,700,000 Cash on hand and on depOsit. .......................... 5.695,929 Agents' balances ........................................... 933,037 investment income due and accrued ................. 3,400,196 Federal income tax recoverable ........................ 4,672,769 Reinsurance recoverabla on pa~l losses ........... (1,783,905) Electromc data processing equipment~ net of accumulated depreciation ................... 2,501.955 Other admffted assets .................................... $90,559 Total Admitted Assets ................................ $388~616~746 Liabilities and Surplus Liabilities: Reserve for unbaid losses and loss ....................... $144,990,483 adjustment expenses ...................................... unearned premiums .......................................... 47,999,706 Accrued expenses .............................................. 9,694,292 Federal income taxes payable ............................. 0 Funds held ........................................................ 2,401,597 Amounts wi~held ............................................. 555,071 Stetutop/ penardes ............................................. 416,600 Payable to affiliates ............................................ 8,726,074 Drafts outstanding ............................................. 1,419,993 Total Liabilities .................................................... Surplus: $216~303r786 Common stock ................................................. $ 10,000,375 Additional paid-in capital ..................................... 51,619,335 Unassigned surplus ........................................... 110,693~251 Total surplus ..................................................... $172,312.961 Total Liabilities and Surplus .................................. 5388,616,746 State of lllinois } ss. County of Peoria The undersigned, being duly swam, says: That he is President of RLI Insurance Company; that said Company is a corporation duly organized, existing and engaged in business in the State of Illinois and has duly complied with all the requirements of the laws of said State applicable of said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C. sec. 6-13; and ~hat to the best of his knowledge and belief ~he above statement is full, true, and correct statement of the financial condition of the said Company on the 31st day of December 1995. Notary Public State of Illinois RLP 6015 (1196) O I V I S I 0 N Bond # RL4213706 POWER OF ATTORNEY RLI Insurance Company Know All Men by These Presents: That the ILL[ INSLrRANCE COMPANY, a cmporation organized and existing under the laws of the State of Illinois, and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: ROBERT A. NICOSIA, MARGARET A. NICOSIA, MICHELLE NICOSIA, AN~'N MARIE KEANE, KIbIBERLY M. DIBLASI, AND SHARON M. ZWARYCZ in the City of LYNDHURST, State of NEW JERSEy, as Attorney(s)-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to-wit: Indemnity, Surety and Undemkings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against Ios~ or damage caused by the misconduct of their employees; official, bail and surety and fidelity bonds. Indemnity in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waivers to modify or change or exmnd any bond or document executed for this Company, and to compremJse and settle any and all claims or demands made or existing against said Company. The RLI INSIJRANCE COMPANY further certifies flint the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to-wit: "All bonds, policies, undertakings. Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President. Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The Presklent, any Vice President, Secretary. any Assistant Secretary, or the Treasurer may appoint Attorneys-in-Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary tbr the validity of any bonds, policies, undertaking. Powers of Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the REI Insurance Company has caused these presents to be executed by its PRESIDENT with its corporate seal affixed State of !L'inois Count~ of Peoria this 3% .,,- 'o .......~ -,,. .-' ,.'-. S ~ .' ~ e ...~ ~ RU INSUI~NCE coMPm~t'. -- %,;,,,/¢/ On this day of 04/24/1997 before me, a Notary Public. personally appeared Jonathan E. Michael and Camille J. Hensey, who being by me duly sworn, acknowledged lhat they signed the above Power of Attorney as President and Corporate Secretary, respectively, of the said RLI INSURANCE COMPANY, and acknowledged said instrument to be the voinntary act and deed of said corporation. k.. (.J ' t J SPAO14 (12/95) THE AMERICAN INSTITUTE OF ARCHITECTS Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into · Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and 8ire such bond or bonds, if the Principal shall pay to the Obl~g~e the diffe~e~ce not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall bo null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) (Principal) (Seal) (Title) (Surety) (Seal) (Title) (Witness) AIA DOCUMENT A310 · BID BOND · AIA ~1 . FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, O. C. 2gOO& OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful per[ormance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMI'I-I'ED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. T H E A M E R I C ~ N I N S T I T U T E J A R C H I T E C T AIA Document A201 General Conditions of the Contract for Construction THIS DOCUME.VT HAS LIlPORTA,¥T LEGAL COA'SEQUE.¥CES.. CO,~,TL% TA TION U~VTH A?V ATTORNEY IS E. VCOL'RAGED WITH RESPECT TO ITS MODIFIC4TION 1987 EDITION TABLE OF ARTICLES I. GENERAL PROVISIONS 2. O~ ~'NER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTtL{CT 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 ANT) PROPERTY 1 I. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document h= been approved ~nd endorsed by the Associated General Contractors of America. Copyright 19I . 1915. 1918. 1925, 1937, 1951, 1958, 1901. 1963, 1966. [967, 19~0. 19v6. © 1987 bv The American Institute of ArchRects, -3-~ New York Avenue. N W. Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without wr:tten permission of the AIA violates the copvrigh aws of the United States and will be sul)ject to legal prosecutions. A201-1987 1 INDEX Acceptance of Noncortforming Work ........ 9.6.6.9.9.3, 12.3 Acceptance o f Work .......... 9.6.6,9.8.2.9.9.3,9.10.1.9.10.3 Access to Work ...................... 3.16,6.2.1, i2.i Accident Prevention ..................... 4.2.3, 10 Acts and Omissions . . . 3.2.1.3.2.2.3.3.2, 3.12.8. 3.18, 4.2.3.4.3.2. Additional Cost, Clmm$ for ...... 4.3.6,4.3.7,4.3.9,6.1.I. I0,3 Additional Inspections and Testing ....... 4.2.6. 9.8.2. I2.2.1. 13,5 Additional Time. Claims for ........... 4.3.6. 4.3.8, 4.3.9, 8.3.2 ArIMINISTRAT]ON OF THE CONTRACT ..... 3.3.3.4, 9.~. 9.5 Advertisement or Invitation to Bid .................... l. 1.1 Aesthetic Effect 4.2.i3.4.5.1 Allowances .................... 3.3 ?Al-risk lnsurxnce ....................... 11.3. i. 1 Applications for Payment : 4.2.5.7.3.7, 9.2, 9.3, 9.4, 9.5.1.96.3, Approvals 2.-~. 3.3.3.3.5, 3.10.2. 3.12.4 through 3.12.8. 3.18.3. Architect 4.1 Architect. Extent o f Authonty .... 2.4.3 12.6. 4,2.4.3.2.4.3.6. Acchitect. Limitations o f Authority and ResponsibiSty . 3.3.3.3.12.8. Architect's Additio hal Services and Expenses 2.~. 9.8.2. Architect's Administration of the Coofract ...... 4.2,-~.3 6. Architect's Approvals 2.4.3.5. i, 3.102.3.12.6. 3.12.8.3.18.3, 4.2.7 Architect's Authority to Reiect Work 3.5.1, o..2.6. 12.1.2. [2.2.1 Architect's Copyr:ght 1.3 Architect's Decisions 4.2.6.4.2.7.4.2.11.4.2.12.4.2. I3. Architect's Inspections 4.2.2, -~.2.9. 4.3.6. 9.4.2. 9.8.2. Archltect'slnstr~ctions . 4.2.6,4.2,7.4.2.8.4.3,7.7.4.1, 12.1, I3.5.2 Architect's On-Site Observations .... ~.2.2.4.2.5, 4.3.6.9.4.2. Architect's Relationship with Subcontractors . l. 1.2.4.2.3.4.2.4. 4.2.6. 96.3, 96-L 11.3.7 Architect's Representanons 9.4.2.9.5.1,910.1 Architect's Site VNlrs 4.2.2.4.2.5.4.2.9. 4.3.6.94.2.9.5.1, 982. 99.2. 9.10.1, 135 Award of Subcontracts and Other Contracts for Portions of the Work Basic Definitions 1.1 Bidding Reqmrements I l. l. 1.1.7.5 2. I, I 1 ,-L I Boiler and Machinery Insurance 11,3.2 BoncLs. Lien 9.10.2 Bonds. Per lb rrnance and Payment 7.3.6.4,9.10.3. li.3.9,11.4 Building Permit ............................. 3.7.1 Oapitallzation ............................... 1.4 Certificate o f Substantial Completion ................. 9.8.2 Oertiflcate~ for Paym~of ....... 4,2.5.4.2.9, 93.3, $.4. 9.5, 9.6, i, Certificates o f Inspection, Te~ting o r App royal ..... 3. I2.11, 13.5 -~ Cer tificates o f Insur'znce ............. 9.3,2,9.10.2, 11.1.3 Change Orders. De£mition of 7.2.I Ohlnge~ ..................................... ?.1 CHANGES IN THE WORK . 3.11.4.2.8.7, 8.3.1,9.3.1.1, 10.1.3 Cleim~ and Oleputes ............... 4.3, 4.4.4.5.6.2.5, 8.3 2. Cleims and Timely Assertion of Claim~ ........... 4.5.$ CMim~ for Additional Cost ..... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Claims for AddRIonal Time ........... 4.3.6,4.3.8,4.3.9,8.3.2 Claims for Concesled or Unknown Conditions ........ 4.3.6 Claims for Damages... 3.18, 4.3.9, 6. [. I, 6.2~5, 8.3.2.95. 1.2, t 0.1.4 Claims Subiect to Arbitration ........... 4.3.2.4.4.4, 4.5.I Cleaning Up ........................... 3.15, 6.3 Commencement of Statuto~/Limitation peitod 13.7 Commencement of the Work. Conditions Relating to ....... 2.1.2, Commencement of the Work. Defimtion o~ ......... 8. I.2 Administration 3.9. I, 4.2.4, 5.2.1 COMPLETION, PAYMENTS AND 9 Completion. Substantial ...... 4.2.9,4.3.5.2.8,1.i.8.1.3,8.2.3, Compliance with Laws 1.3.36.3.7,313,4.1.1, I0.2.2, 11,1, Concealed or Unknown Conditions ............ 4,3.6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ...................... 1.1.4.8 Construction Change Directive. Definition of .......... 7.3.1 Con$t ruction Schedules. Contractor's ............ 3.10,6.1.3 Contingent Assignment of Bubcontract~ ........ 5.4 Continuing Contract Per/ormance ......... 4.3.4 Contract. Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE ........ 4.3.7. 5.4.1. [, ¢4 Contract Administration 3.3.3, ~, 9.~, 9.5 Contract Award and Execution. Condioons Relating Io ..... 3.7.1. 2 A201-1987 AIA OOCIJMENT A201 * GENEPO. L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® - ~ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. NW. WASHINGTON. D C. 20006