Loading...
HomeMy WebLinkAboutStairway to beach rocky pt Rd,~0.00 to obt=in bid ~~__~ ~ postage} BID - STAIRS & LANDING AT ROCKY POINT ROAD, EAST MARION BID OPENING: 2. 3. 5. 6. 7. 8. 9. 10. 10:00 A.M., Thursday, June 26, 1997 NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance wi~h the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and nmterials and equipment as required for the construction of the stairs and lam~ngs at the end of Rocky Point Road, East Marion, NY. Sp~cificmions may be obtained at the Offic~ of the ~Ibwn (lerk, Town of Southold, Town Hall 53095 Main Road, Somhold, New York, upon pay- ment of a $10,00 non-refundable fee, made payable to the Southold Town Clerk. Th* sealed bids, together with a bid security in the form of a certified cbeck or Bid Bond in th e amount of 5,0,% of the Ba~ Bid will be received by the Town Clerk, at the S;outhold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, June ~6, 1997, at which time they will be opened and read aloud in pubhc. The Town board of thc Town of Soufilold bide and to waive any and all informal- envelopes plainly marked "Bid on Stair & Landing at Rocky Point file Town Clerk. ~I]~e bid price shall not include any tax, fiederal, state, or local, from which the Town of Southold is JUDITH T. TERRY SOUTHOLD TOWN CLERK STATE OF NEW YO~) ) SS: C~.~FI~ OF SUFFOI~K}_ of Mattituck, in said County. being duly sworn, say~ that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, 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 1~ weeks su~ccessively.~ommencing on the ~__day of~JJ~ 1~. Principal Clerk Sworn t?4~efore me this day 0 f~ ~/~_~ NO. 52~55242 SUFFO~ ~U~ ~MM 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 6th day of June 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, Construction of Stairs and end of Rocky Point Road, East Marion. Bid opening Thursday, June 26, 1997, Southold Town Clerk's Office. Landing at the 10:00 A.M., Sworn to before me this 6th day of June , 1997. Judith T. T.rry Southold Town Clerk No~a ry Public LINDA J. COOPER Public, State of New York ~2563, Suffolk Count'/ '~ ,~ December 31, 19 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all labor, materials and equipment as required for the construction of the stairs and landings at the end of Rocky Point Road, East Marion, NY. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York, upon payment of a $10.00 non-refundable fee, made payable to the Southold Town Clerk. The sealed bids, together with a bid security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 1l):00 A.M., Thursday, June 26, 1997, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Stair F, Landing at Rocky Point Road", 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: June 6, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JUNE 12, 1997, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Superintendent of Highways Jacobs Dodge Reports Brown's Letters Burrelle's Information Services Construction Data Corporation Town Clerk's Bulletin Board INVITATION TO BIDDERS: STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY June 4, 1997 ENGINEERING DEPARTMENT PECONIC I_ANE ~ PECONlC. N.Y. INDEX TO SPECIFICATIONS INVITATION TO BID & BIDDING REQUIREMENTS PROJECT DESCRIPTION INSTRUCTION TO BIDDERS PROPOSAL FORM STATEMENT OF NON-COLLUSION BID BOND OFFER OF SURETY GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION GENERAL RELEASE PREVAILING WAGE RATES NON-DISCRIMINATION CLAUSE & COMPLIANCE WITH LABOR LAW INVITATION TO BID Project: Construction of Stairs and Landing at the end of Rocky Point Road, East Marion, NY The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as required for the construction of the stairs and landings at the end of Rocky Point Road, East Marion, NY, in accordance with the plans and specifications prepared by James A. Richter, R.A., Southoid town Engineering Department, Peconic Lane, Peconic, NY. Bids will be received at the Office of the Southoid Town Clerk, Southold Town Hall, 53095 Main Road, Southoid NY 11971, until lC~:$~ AM, Thursday, June 26, 1997. All specifications are provided herein: drawings to be attached. A fee of ten ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities and reject any or all bids and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: June 6, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southoid Town Clerk PROJECT DESCRIPTION CONSTRUCTION OF STAIRS & LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY This project includes the construction of a set of stairs and landings at the end of Rocky Point Road, East Marion, NY, as outlined in the Stair & Landing Details, enclosed. Requests for further information and all inquires should be directed to the Office of the Engineer of the Town of Southold, at 765-3070 Attention: James A. Richter, R. A. 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, payable 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. Ail 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 Southoid Community Development Office who may issue a written instruction to ali bidders. D. PUBLIC OPENING OF PROPOSALs Proposals will be opened and read Invitation for Bids. Bidders, Publicly at the invited to be present, time and place indicated in the there authorized agents and other interested parties are 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 Southo. ld. No bid may be withdrawn after scheduled Closing .for a Period of 45 days ~e.n. ding execution time for COmpetency and responsibility of the bidde°rf:n~°~i;ras~tbb_cYotnhtfa:~CoCr:S~I tn mak/ng the award. The Town accept I receipt of bids any bid, or to reject any reserves the right to Waive any technical error, toeTrheed of A/A Document Al0! or all bids. The contract form Will be the current "Standard Contractor (Stipulated Sum). form of Agreement be~veen Owner and The Town will either award the project or reject all (45) days after the for not/ce in wri,.~ ~. ma/openings e ~_ proposals '"'~ ztgned by ta~ .~ ~ o. t'roposals. Th~ received within fOrty, five acceptance of a proposal. ~ "~ ~own Clerk and "~ acceptance of no Other act shall v u. pOsat will be a COnstitute the F. WITHDRAWALs OF PROPOSALs Any bidder Upon bis or her request authorized representarive,s presented not later than withdraw his the hour set for the opening thereof, will written request proposal. At the t/me of opening the proposals, be given permission to reached, it will be returned to him unread, when Such proposals are G. REJECTION OF PROPOSALs The Town . .Proposals. reserves t.h.e ~.ght to wat any technical error and to re inCOmplete, obscure, or W~thout hmmng the ge~V;rahty of the foregoin~ a-- ~ect any and/or insufficient or irregular irregular all certified may be rejected; ~,, ,ty proposal which is any proposal accomna , check or bidder,s bond may be reie-- ~' n/ed by an having interlineation, erasure or corrections may be rejected. J orca, any proposal 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 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. 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 Southoid 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 DATE: 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 perso, n 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 is 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: The end of Rocky Point Road East Marion, NY 11939 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 STAIRS AND LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY 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 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. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge aad 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 pnces which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pnor to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD, EAST MARION, NY and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,19 __ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 105-d, as amended effective September 1. 1965 (Signature) THE AMERICAN INSTITUTE OF ARCHITECTS AIA 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 a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be speczfied in the bidding or Contract Documents with good and sui:ficient surety for the faithful performance of such Contract and for the prompt payment of labor and material turnished 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 Oblig~e the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obiise~ 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 tull force and effect. Signed and sealed this day of 19 (Witness) [Principal) (Seal) fTitte) (Surety; (Seal) [Title) (Witness) AIA DOCUMENT A310 · BID BONO · AIA ~ · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 200(]6 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 tN LIEU OF BID BOND, OR BID MAY BE REJECTED. H ~ A M E R I C ~ N I N S T ! T U T E A R C ~ ! T E C T S Document A201 General Conditions of the Contract for Construction THIS DOCL'ME.¥T HAS LIIPORTA.WI' LEGAL CO '~TEQL~.VCES. CO,VSULZ~TION WITH A~V ATTORNEY IS E. VCOUR. qGED WITH RESPECT TO [TS MODIF£CATION 1987 EDITION TABLE OF ARTICLES I. GENEtL-XL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONT1LkCT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS .&ND COMPLETION 10. PROTECTION OF PERSONS .<XiD PROPERTY 11. INSU1LMN'CE .&.ND BONDS 12. UNCOVERING -&ND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTR,~,CT This document ~ been approved and endorsed by the .-~sociated General Contractors of .~'nenca. A201-1987 I INDEX Acceptanc~ of Nonconforming Work ......... 9.6.6,9.9.3,12.3 Acceptance of Work .......... 9.6.6, 9.8.2, 9.9.3, 9. ID.I, 9.10.3 Acces~ tO Work ........................... 3.16,6.2.1, 12.1 AcCident Prevennon ............................. 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, Addiuonal Cost, CJazms for ....... 4.3.6,4.3.7,4.3.9,6.1.1, 10.3 Aciditional Inspections and Testing ....... 4.2.6,9.8.2, 12.2,1, 13,5 Addir~°nal Time. Claims f°r ............. 4.3.6,4.3.8,4.3.9,8.3,2 ADMINISTRATION OF THE CONTRACT ...... 3.3.3, 4, 9.4, 9.5 Advertisement or Invitation to Bid ..................... I.i.I Aesthetic Effect ..................... 4.2,13,4.5.1 AIIowance~ ............................ 3.8 Ail-rusk Insurance ........................ 11.3.[.1 Aplalication$ for Payment :. 4.2.5, 7.3.7, 9.2, 8.3, 9.4, 9.5.1,9.6.3. Approvals .... 2.4.3.3.3.3.5.3. I0.2.3.12.4 through 3.12.8. 3.18.3, A~itraflon 4.1.4,4,32.4.3.4.4.4.4.4.8, Architect ................... 4.1 ArchRect Definition of ..................... 4.1.1 Architect. Extent of AuthorRy ..... 2.4. 3.12.6. ~.2. 4.3.2. 4.3.6. Architect. LimRafions o f Autho fity and Responsibility 33.3.3.12.8. ArchRect's AdClR[o hal Sea,ices and Expenses ..... 2.-~, 9.8.2. Architect's Copyright [.3 Architect's Decisions 4.2.6. -L2.7, 42, I 1.4.2.12.4.2. i 3. Architect's Inspections 42.2..*2.9. ~,3.6, 9.4.2, 9.82. 992. 910.1, 13.5 Arcgitect's Relationship w~th Subcontractors 1.1.2, 4.2.3.4.2.4. Architect s Representauons 94.2.9.5.1,9.10.1 98.2.992.9.10.1, 13.5 Award of Sut~contra~s and Qther Contracts for Basic Definitions 1.1 Bonc~s. Uen 9,10.2 CapitalLzation ....................................... 1.4 Certificate o f 8ubscandal Completion ................... 9.8,2 C~lJflcate~ fo r Payrnerd ....... 4.2.5,4.2.9,9,3.3,8.4,9.5,9,6.1, Cerfiflcate$ of Iz~pection, Testing or Approval ..... 3.12.11, I3.5.4 Ccrt~catcs o f In$urance .................. 9.3.2.9.10.2. I 1.1.3 Change Ordara ..... 1.1,1, 2.4. I. 3.8.2,4.3.11.4.2.8, 4.3.3, 5.2.3, Change Orders, Del'tuition of ......................... 7.2. I Ch~ngml ....................................... ?.l- Claim, Detinltion o f ............................ 4.3.1 Claima and Dhq~utes ............... 4.3, 4.4. 4.5.6,2.5, 8.3.2. Claims and Timely Assertion of Claims ............. 4.5.8 ClaJma for Additional Coat ........ 4.36.4.3.7,4.3.9,6.1.1, I0.3 Clalma for Ad;llttonsl Time ........... 4.3.6.4.3.8,4.3.9,8.3.2 Claims for Concealed or Unknown Conditions ......... 4.3.6 Claims for Damages... 3.18, 4.3.9, 6.1. l, 6.2.5.8.3.2.95. [ .2, 10.1.4 clamas Sub eot to Arbitration. · . `*.3.2, 4.4.4. 4.5.1 Cleaning U~ ........................... 3.15,63 Commancem~nt of Statutory Limitation pefiocl ..... 13.7 Commencement of the Work. Condkions Re!attng [o ..... 2.I.2. Commencement of the Work. Definition of 81.2 COMPLETION, PAYMENTS AND ..... 9 Completion. Substantial 4.29, ~.3.5.2.8. I. 1.8. i ,3, 8.2.3, Concealed or Unknown Conditions ........... 436 CONSTRUCTiON BY OWNER OR BY SEPARATE CONTRACTORS ........................ 1.1.4.6 Con$~ruction Change Directive, Definitio n o f ........... 7.3.1 Constr~ction Schedules, Contractor's ............ 3.10.6.13 Contingent Assignment of Subcontracts .......... 5.4 Continuing Contract Parformanca 4.34 Contract, DefimPon of ..................... I. [.2 CONTRACT, TERMINATION OR SUSPENSION OF THE ........... `*.3.-. 54.1.1, ~4 Contract 8.dmmistration .................. 3.33.4.9 -~. 9.5 Contract Award and Execution, Conditions Reia~ing to 3.7.1. Contract D~cumerds, The ............... 1.1, 1.2.7 Contract Perform:race Dunng Ar bit ration ......... ~.3.-*. 4.5.3 Contract Sum, De~nition of ................. 8.1 2 A201-1987 ALA ~ CONTRACTOR .................................... 3 ............. 3.10,6:1.3 Contractor's Employees ...... 3.3.2, 3.4.2, 3.8.l. 3.9, 3.18, 4.2.3, ¢° nlraet° r° a {'{~{milll¥ Ir tm{ mnce ............ 11.1 and Owner's Forces ...... 2.2.6 3.125,3 42,4.2.4 6 I2.2.5 3.18.1. 3.18.2, 5.2. 5.3, 5.4. 9.6.2, I1.3.7, I1.3.8. 14.2. I.2 ....... 3- 3.7.3 33, 34. 4.2.3, 8.~._. 8.-.3. 10 ....... 97,98.2.9.10.2. 11.3.1.2. Cuing and Patching ...... 3.14, 6.2.6 · d Condmon$ 3.2 Emergenciea .......................... 4.3.7, 10.3 Employees, Conrgactor'$ .......... 3.3.2, 3.4.2, 38. I, 3.9.3.18.1. Equipment. Labor, Mate.qals and .......... 3, 6. 34 35 I. Execution and Progress of the Work ....... 1. 1.3, 1.2.3, 3.2.34. i, 3.5.1, 4~ ~ Execution, COlTMatlon and Intent of thc Contract Documents ................ 1.2, 3 .-. 1. Extensions of Time ....... 4.3.1.4.3.8. 7.2.1.3, 8.3. IO.3. l Failure of Payment by Contrac or 9.5.1,3, ~ · Fadure of Paymen£ by Owner 4.37,9.7, I-+.13 Faulty Work (See Defective or NoncontBrming Work) Final Completion and Final Payment Financial Arrangements. Owner's 22. i Fire and Extended Coverage Insurance I1.3 SENERAL PROVISIONS Governing Law 1 Guarantees (See Warranty and Warranties) ....... 13.1 Identification of Subcontractors and Suppliers Information and Servicaa R~quir~ of ~e Owner 2.i.2.2.2, In{u~ or Oamage to Permon or property 4.3.a Inspections 3.33.3.34, 3.*. I. 4.2.2. Inaurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability 11.1 Inaurance, Owner' s LJa~il{ty 11.2 insurance, Property 10 ~.5.11.3 INSURANCE AND 80NDS A201-1987 3 Lo~s of Use Insurance ................... 11.3.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.q. 3.51, 3.8.2. Mutual Responsihilit,/ ............ 6.2 Nonconforming Work, Acceptance of 12 3 4.3.5. 9.5.2, 982. 12. 13713 Notice 2.3.2~.32.1.32.2.3-3 3-~.39.312.8. Notices, Permits, Fees and . 2.23.3.7, 3 i3. -.3.6.~. 102.2 Occupancy 96.6.98.1,9.9. I13A ~ Orders, Written 2.3, 39.4.3.7, -. 82.2, 11.3.9. 12.1, OWNER 2 Owner. Definition of 2.1 Owner, Information and Services Required of the 2.12. Owner's Liability I~urance ........... 11.2 Owner's Right to Clean Up .................... 6.3 Owner's Right to Pen'oem Construction and to Award ~efaarate ~ntm~ ............ 2.3, 4.3.7 Payment ~t~ ~r ..... ~.2.5, 4.2.9, 93.3.9.4, 9.5, Payments Pro~e~ ........ ~.3.~ 93, 9.6 PAYMEN~ AND COM~ION ...... 9, l~ Payments to Subcont~c:o~ 5.~,2, 9.5.1 PCB. PERSONS AND PROPER~, PROTECTION OF Product Da~. Definition of 3.12.2 Pr~u~ Oa~ and ~mp{~, Shop Dmwin~ 311,a.12, ~,2.- R~ffi~ a~ Pa~ 3.17 4 A201-1987 Rulae and NoUcas for Arbitration ............... 4.5.2 Safety of Pemons and Property ............... 10.2 Safety Precautions and programs ........ 4.2.3, -*.2.7, 10.1 Samples, Definition of ....................... 3.t2.3 Samplas, Shop Drlwlng~, Product Dafa and. 5.11.3.12, 4.2.7 Samplm at Ute Site, Documente and .............. 3.11 Schedule of Values ....................... 9.2,9.3.1 Schedules. Const ruction ......................... 3.10 S. cparate Contracts and Contractors ........ 1.1.4, 3.1.~.2, 4.2.-~. Sho,P d. O. andS.mplae .. 3,,.3.127 1J3 Site, Use of 3.13, 6.1.1,6.2.1 Site Inspections . 1.2.2.3.3.4, 42.2, ~,2.9. ~36. 9.8.2, 9.101. 13.5 Special Inspections and Testing 4.2.6. I2.2.1. 13.5 Specifications, Definition of the %1.6 Statutes of Limitations 45 ~.2, 12.2.6, 13.7 Stopping the Work 2.3, 4.3.', 9-. 1o.[.2. 10.3, 14.1 SUBCONTRACTORS ...... 5 Subcontractors. Work by I 2.-~. 3.32.3.12.1. 2.2.2.3.18.3 Suspension by the Ownsr for Convenienca ............ 14.3 Su.spension of the Work ............ 4.3,7, 5.4.2, 14.1.1,4, 14.3 Suspermlon or Termination of the Contract ...... 4.37,5.4.1.I. 14 T~x~s ..................................... 3.8, 7.3.6.4 Termination by th~ Contraeter ....................... 14.1 Termication I~ t~s Owner ~or Caus~ ............ 5.4.1.1,14.2 Termination o f the :krchiteet ......................... 4.1.3 Ten'flirtation o f the Contractor ....................... 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Teste and Inspections .... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2.1,13.5 TIME ............................................ 8 Time, Delays and Extensions of .... 4.3.8., 2 I 8.3 Time Limits o{1 Claims .... 4.3.2.4.3.3, 4.3.6, 4.3.9, `4.4, Title to Work 93.2. 933 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Use of Site 3.13,6. II.0.2.1 Values, $ch~dula of ............ 9,2, 9.31 Waiver of Claims: Final Payment 4.3.5, ~.5.1.9 10.3 Waiver o f Clmm~ by the Contractor 9 lO.~. [[ 3 -. 13 ~.2 WawerofClaimsbytheOwner t.35,tS 1,993. Waiver of Liens 9 It) 2 Waivers of SuBrogam3n 6. l.1. 113.5. 11 3.- Warranty and Warranties 3.5, ~.2 ~). 4.3'33.9.3.3. 982 99.1. 127.2. 13-13 When Ambitratlon May Be Demanded 4.5.4 Written [ntcrpretauons ....... .~.2 1 I. ~.2 12, ~.3' Written Orders 2.3.3.9. -~.3 A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOC1JMENTS Thc Contract Documents consist of the Agreement between Owner and Contractor (hereinm~er the Ag.mement), Conditions of the Contract (General, Supplementary, and other. Conditions), Drawings, Specu'ications, addenda ~ued prior to execution of the Contract, other documents listed in the Agreement and Modifications is.sued after execution of the Contract. A Modifi- cation ils (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Chang~ Directive or (4) a written order for a minor change in the Work issued by the .~cchitect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, in.stmctions to Bidders. sample forms, the Contractor's bid or portions of addenda relating to bidding reqmrements}. 1.1.2 THE CON'TRACT The Contract Documents form the ConLract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotmtions, representations or agreements, either wmten or oral. The Con- tract may be amended or modified only by a Modificauon. The Contract Dooaments shall not be const~udd to create a contrac- tual relationship of any kind { 1) between the Az'chirect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or f3) between any persons or entitles other than the Owner and Contractor. The .~'chitect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 TH£ WORK The term "Work' mear~s the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, matenaLs. equipment and services provided or to be provided by the Contractor to ~lfiIl the Contractor's obligations. The {X/ork may constitute the whole or a part of the Project. The Project ~s the total construction of which the Work per- fiormed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.$ THI~ dRAWINGS The Drawings are the graphic and pictormi portions of the Con- tract Documents. wherever Iocared and whenever issued. showing the design, location and dimensions of the Work. generally including plans, elevations, sec:ions, details, sehed- uies and diagrams, 1.1.6 THE SPEClFIcA'rIoNS The Specificanons are that portion of the Contract Documents consisting of the written reqmrements for marermis, eqtap- merit, construction systems, smd. m'd.s and worlmaanship for the Work, and performance of related services. 1.1.7' THE PROJECT MANUAL The Project Manual is the volume usually assembled for ~e Work which may include the bidding requirements, sampie forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in thc Agreement. If either the Owner or Contractor or both do not s;gn ali the Contract Documents, the .-~'chitect shall identify such unsigned Docu: ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documenr. s. 1.;l.3 The intent of the Contract Documents is to include all items necessary for the proper execuuon and completion of the Work by the Contractor. The ConLr'act Documents are comple- mental3', and what is required bv one shall be as binding as if required by all; perfon-nance by the Contractor shall be required only to the extent conskstent with the Contract Docu- ments and reasonably inferable ,',':ram them as being necessary to produce the intended results. 1.2.4 Organization of the Specifim~ons into divisions, sections and arUcles, and arra.ngement 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 u'ade. 1.2.5 Unless otherwise stated M the Contract Documents, words which have weft-known tee.finical or construction indus- try toe's-rungs are used in the Contract Documents in accord- ante with such recognized meanings, 1.3 OWNERSHIP AND USE OP ARCHITECT'S DRAWINGS, SPECI~CATION$ AND OTHER DOCUMENTS 1.3.1 The Drawings, Specificauons and other documents prepared by the Architect are ir..strtmaents of the Architect's service through which the Work ~o be excc~ted by the Con- tractor ~s described. The Contractor may retain one contract record set. Neither the Contractct nor any Subcontractor. Sub- subcontractor or material or eqmpment supplier shaft own or claim a copyright in the Drawings, Specifications and other documents prepared by the .~'c.bitect. and unless otherwise indicated the Architect shall be ~med the author of them and will retam all common law, statutory and other reserved rights. in addiuon to the copyright..&ii copies of them, except the Contractor's record set. shall be re.'umed or soitablv accounted ~br to the .~-rchitect. on request, upon completion 6f the Work. The Drawings. Specifications and other documents prepared hy the 3-rehitect, and copies the'eof f~rnmhed tO the Contrac- tor, are for use solely with respect., to thts Proiect. They are not to be used by the Contractor or any Subcontractor. Sub- subcontractor or rnarertal or eqmpment supplier on other proj- ects or for additions to th,s Protect outside the scope of the 6 A201-1987 Work without the specific wmten consent of the Owner and ,M'chitect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited !icense to use and reproduce applicable portions of the Draw- rags, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requiroment~ or for other purpose~ in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved 1.4 CAPITAI.17.ATION 1.4.1 Terms capitalized in these General Conditions include those which are (I) specifically deEmed, (2) the diles of num- bered articles and identified references to Paragraph., Subpara- graphs and Claus~ in the document or (3) the titles of other documents published by the American Institute of Architects. 1 .$ INTERPRETATION 1..5.1 In the interest of brevity the Contract Documents fre- quently omit toddle-lng words such as "all" and "any' and arti- cles such as "the" and "an," but the fact that a mo&tier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to thr~ughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owners authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing mtbrmatiun which ts necessary and relevant for the Contractor to evaluate, g~ve notice <~f or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the proper~y on whicb the Project is located, usually referred to as the site, and the Owner's interest therein at th~ tLme of execution of the Agreement ;md, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Comractor, pdor to execution of the Agreement and promptly from time to time thereai~er, fi~rnish to the Contractor reasonable evidence that financial arrangements have been made to hiifili the Owner's obligations under the Contract./Note: Unless sud~ rec~'onable et'idertc-e were fttrnished on request prior to the execution of 2.2.2 The Owner shall fi~mish survevs describing physical characterkstics, legal limitations and utility locations for the site of the Project, and a legal description of the site, 2.2.a Except for permits and t~es which are the responsibility shall secure and pay tbr necussary approval.s, easements, asse~- ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be hirmshed by the Owner with reasouabie promprne~ to avoid delay in orderly progress of the Work. 2.2.5 Udier~ otherwise provided in the Contract Documents, the Contractor wi/! be furnished, free of charge, such copies of Drawings and Project ,Manuals as are reusonably necessary, for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to .Articte 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and ~ompletion) and Article I 1 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fa~ to correc; Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Docu~nents, the O~ner, by written order signed per~onafiy or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the dght of the Owner to stop the Work shail not give nse 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 emity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 if the Contractor ~efauits or neglects to can'v out the Work in accordance with the Contract Documents' and fails within a seven-day period a~er fete:pt of wnnen notice from the Owner to commence and continue correcuon of such default or neglect with diligence and promptness, the Owner may at~er such seven-day period give the Contractor a second written notice to correct such deficient:us within a second seven.day period. [f the Contractor within such second seven- day period aPer receipt of such second notice fails to com- mence and continue to correct any deficienc es, the Owner may. without prejudice to other remedies the Owner may have. correct such deficiencies, in such case an appropriat~ Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deft- ciencies, including compensation for the Architect's additional services and expenses made necessary bv such default, neglect tlr failure. Such action by the Owner'an~l amounts charged to the Contr'acror are both subject to prior approval of the .M-chi- tect. [f payments then or ther<uRer due the Contractur are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ' ARTICLE 3 CONTRACTOR 3.1 DERNITION 3.1.1 The Contractor is the person or enntv identitled a.s such WARNING~ Unll~4n~d ~ vlomm~ U.~ mpyfip~ lay4 a~l i 4Ld~k~ to i~jm pm~eulJon. A201-1987 7 3.2 REVIEW OF CONTRAC1; DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall CntefuID study and compare the Contract Documents with e-a~h ot~ler an~ with information fumished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omiss~ons 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 recogmzed 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 .&rchitect, the Contrac- tor shall assume appropnate responsibility for such perfor- mance and sba.il bear an appropriate amouni of the attnbutable costs for correction. 3.2.2 The Contractor shall take field measurements and verifi,, field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the .~rchitecr at once. 3.2.3 The Contractor shall pertbrm the Work in accordance with the Contract Documents and submitrals approved pur- suans to Paragraph 3. I2. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervtse and direct the Work. using the Contractor s best skill and attention. The Contractor shall be solely responsible for and have control over construe- non means, methods, techniques, sequences and procedures and for coordinating all per:ions of the Work under the Con- tract, unless Comract Documems give other specific instruc- tions cone=ming these matters. 3.3.2 The Comractor shall be responsible to the Owner for acts and their agents and employees, and other persons performing 3.3.3 The Contractor shall not be relieved of obligatior~s to per- approvals required or performed by persons other than the 3.3.4 Tile Contractor shall be responsible for inspection of pot- 3.4 LABOR AND MATERIALS the Contractor shall provide and pa:,, lbr labor, materials, equip- heat. utilities. ~ransportation. and other lhcilities and services necessary tbr proper execution and completion of the Work. 3.5 WARRANTY 3.5.1 The Contracror w=ranrs to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects nor 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 excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor. improper or insufficient maintenance, impro~er operation, or normal wear and tear under normal usage. [f required bv the Architect, the Contractor shall furnish satisfactory evidencg as to the kind and quality of materials and equipmefit. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar. taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are r~ceived or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 L'nless otherwise provided in the Contract Documents, thc Contractor shall secure and pay t'or the building permit and other permits and governmental fees. licenses and inspections necessary for proper execution and comple~ion of the Work which are customarily secured a~er executkm of ihe Contract and which are legally required when bids are receiv=d or tiati(>ns concluded. 3.7.2 The Contractor shall comply with and give nottces required by laws. ordinances, rules, regulation:, and iav,~l orders of public authorities bearing on pert~rmance of th= Work. 3.7.3 It is not the Comractor's responsibility to ascertain that the Contract Documents are in accordanc~ with applicable laws. statutes, ordinances, building codes, and rules and regula- tions. However. if the Contractor observes that portions of thc shall promptly notify the Architect and Owner in writing, and necessau., changes shall be accomplished by appropriate 8 A201-1987 ,3 Contractor's costs for unloading ~d ba~diing at the site, labor, ir~tallation costs, overhead, profit and other expresses contemplated for stared allowance amounts shall be included in the Contract Sum and the Contram Sum shall be adjusted accordingly by Change Order. The amount of the Change Order sha~I retlect(1) the difference between actual costs and the allowances under CLause 3 8.2.2 and ~2) changes tn 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- to the superintendent shall be as binding as if given to the Con- tractor, important communications shall be con£Lrmed in writ- 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Con£ractor. prompdy rafter being awarded the Con- 3.10.2 Tko Contrac:~:r shall prepare and ke~'D current, h)r the schedules one record cop:,' of khe Drawing. Specifications. addenda. uct Data. Samples and similar required submittals. These shall be available to the Architect and shall be deilverea to the Archi- 3,12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings .u-e dr'awing, diagram.s, schedules and other data specially prepared for th~ Work by the Contractor or 3.12.3 Samples are physical examples which illu.stmte by which ~he Work will be judged. 3.12.4 Shop Drawln~. Product Data. Samples anti similar sub- which submittals are required the way the Contractor proposes to conform to the information given and the design concept expensed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2'.7. 3.12.5 The Contractor sha/l review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able prompme&s and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate ~on- 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 the respective submit- tal has been approved by the .{rchitect. Such Work shall he in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data. Samples and similar submittals, the Contractor represents that the Contractor h~.~ determined and verified materials, fieid will do so, and has checked and coordinated the information Work and of the Contract Documents. 3.12.3 The Contractor shall not be relieved of responsibility by the 3a'chitect's approval of Shop Drawings, Product Data. Samples or similar submittals unless the Contractor bas specifically informed the .~rchitect in wrinng of such dry:anon at the time of submittal and the Architect has given wmten A201-1987 9 not be unreasonably withheld. The Contractor shall not un.rea- sonably withhold from the Owner or a separate contractor the 3.15 CLEANING UP 3.15.1 The Contractor shall keep the prem~es and surround- lng area free from accumulation of were materials or rubbish caused by opeations under the Contact. At completion of the Work the Contractor shall remove from and about the Project equipment, machinery and suzplus materials. 3.15.2 If the Contractor fails to dean up as provided in the Contact Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or cia/ms for infringement of patent rights and shall hold the Owner and Architect harmless from Ioss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by [aw. the Contractor shall indemni~ and hold harmless the Owner, ArchitecT. Archi- lng but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodilv injuo., sickness, disease or death, or to injuq,, to nr bestructio~ of tangible prop- erty (other than the Work itself) including loss of use resulting negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardle~ of whethe} or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other fights or obligations of described in this Paragraph 3.18. 3.18.2 In claims agmnst any person or enmv indemnified under this Paragraph 3.18 by an employee of th~ Contractor, a or anyone for whose acts they may be ilagle, the indemnitica- tion 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- rect's consultants, and agents and employee; of any of them arising out of(l) the preparation or approval of maps, drawings, opmtons, reports, surve,vs, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directiom or instructions by the Archirect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the pnmax'y cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is thc person iawMily I/censed to practice architecture or an entity lawfully practicing architecture iden- tiffed as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Archirect'$ authorized representative. 4.1.2 Duties, respousibilines and limitations of authority of the Architect as set forth th the Contract Doo. mqents shall' not be restricted, modified or extended without written cousent of the Owner, Contractor and Mchirect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect agam.st whom the Con- tractor makes no reasonable obieetion and whose status kadet the Contract Documents shall be that of the former archtrect. 4.1.4 Disputes aristng under Subparagraphs -LI.2 and 4. I,3 shall be subiec[ to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The .~'chirect will provide administtatlon of the Contract as described in the Contract Documents, and will be the Owner's representative (l) durthg construction, (2) until final payment is clue and (3) with the Owner's concurrence, from time to time dunng the correc,aon per~od described in Para- graph 12,2. The Architect will advise and donsult with the Owner. The Architect will have authority to ac: on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Commct. 4.2.2 The .~rchitect 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 i5 being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documerlts. However, the Architect wfli not be required to make exhaustive or continuous on-sire inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work. and will endeavor to guard the Owner against defects and deficiencies in the Work, 4.2.3 The .&rch;rect will not have control over or charge of and will not be responsible for construction means. ~ethods, techniques, sequences or procedures, or for ssfetv precautions and progr~n~ in connecuon with the Work, sauce these age solely the Contractor's responsibility as provided in Paz-agraph 3.3. The ,~'chitect will not be responsible for the Contractor's f-~iluse to c:m"y out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be reapon~ble for acts or orca~ions of the Con- 10 A201-1987 WARNING: tractor, Subcontractors, or theiz agents or employees, or of any other persons performing po~ons of the Work. 4.2.4 CommunicMIon~ F~cilitsflng Contract Adrninistra- tlon. Except as otherwise provided in thc Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Axchitect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor, Communications by and with separate contractors 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 cer~fy the arnoLmts due the Contractor and wlil issue Ce~ificates for Payment in such amounts. 4.2.0 The Architect will have authority to reject Work which does not confocm to the Contract Documents, Whenever the Architect considers it necec~xv or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authonty to require addir,onal inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fibncated, in.sr~]~ed or completed. However, neither this authority of the Arci'fitect nor a decision made in good faith either to exercise or not to exercise such authority shall give ri,se to a duty or responsibility of the .~'chi- tect to the Contractor, Subcontractors, mater~M and equipment suppliers, their agen~ or employec$, or other persons perform- mg portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Dmwthgs, Product Data and Samples, but only for the limited purpose of checking for conformance with thf~rmanon g~ven and the design concept expressed in the Contract Docu- ments. The .Architect's action will be taken with such rrb. son- able promptness as IO cause no delay in the Work or in the activities of the Owner. Contractor or separate contractors, while allowing sufficient tmae ~n the Architect's professional !udgment to permit adequate review. Review of such submittals ;s not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substannaung mstructinns for installation or performance of equipment or systems, all of which remain the responsibility of the 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 3.12. The Architect's review shat/ not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect. of any construction means, methods, techniques, sequences or procedures. The .Arc,hitect's approval of a specific item sha/l not indicate approval of an assembly- of which the item ts a component. 4.2.8 The .Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Wort( 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 Owners review and records written warranties ~Lqd related docunlents requ;red bv the Contract and assembled by the Contractor, and will iss~Je a final Certificate for Payment ~pon compliance with the requirements of the Contract Documents. 4.2.1{) If the Owner and Architect agree, the .Architect ~ 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 ~ set forth in an e:thihit to be incorpo- rated in the Contract Documents. 4.2. ~ 1 The Architect will inteq~rer and decide matters concern- ing performance under and requirements of the Contract Documents on wtit~en request of either the Owner or Contrac- tor, The Architect's m$ponse to such requests will be made with reasonable prompmess and within any time l/mits agreed upon. If no agreement is made concerning the t/me within which interpretations required of the Architect shall be f~r- nlshed in compliance with this Paragraph 4.2, then delay shall not be recognized on account of ~/lure bv the .Architect ~o fur- nish such interpretations undi 15 days a~er written request ks made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form drawings. When ma. PAng such interpretations and decisions, the Mchitect will endeavor to secure ~mthf~l performance by both Owner and Contractor, will not show parnality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The ,Architect's decisions on matters rela£ing to aesthetic effect will be final if conskstent with the intent expressed in the Contract Documents. 4.3 Ct. AIMS AND DISPUTES 4.3.10eflnlflon. A CL~dm is a demand or assertion bv one of the punics seePdng, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Clamas must be made by written notice. The responsibility to substantiate Claims sh~li rest with the party making the Claim, 4.3.2 Decision of Architect. Cla~ns, including those alleging an error or omission by the .Architect, shall be referred initially to the .Architect for action as provided in Paragraph 4.~. A deci- sion by the .~chitect. as provided in Subparagraph -L~.-i. 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 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 dec,ion by the Azch~tect in response ~o a Clmm shall not be a condition precedent Io arbitration or litigation in the event (1) the position of Architect is vacant. (_~) the .~-chitect has not received evidence or has r~lied to render a decision within agreed time limits, (3) the .Architect bas e~led to take acuon required under Subparagraph 4.4.q within 3{) days after the CLama is made, (4) -~5 davs have passed after the CLaim has been referred to the Architect or (5) the Claim relates to a mechanic's lien, 4.3.3 Time limits on Claims. CLamas bv either party must be made within 21 days aAer occurrence of ~he event g~v'thg nsc to such Claim or within 21 days after the claimant first recognizes the condition giving ~ to {he CLam, whichever ks Later. Claims mu.st be made by written nonce..-W~ addluonal C'l~am made after the initial CI~n ~ms been implemented bv Change Order will not be considered unless sub~nitted in a t~mety manner. 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including ~bitmtion. uriless otherwise agreed in writing the Contractor shall proceed diligently ~qth perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. Thc rna~Jng of Final payment shall constimte a waiver or' Claims by the Owner except those arising fi'om: .1 liens, Clmms, security interests or encumbrances aris- lng out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Docttments: or .3 terms of special warranties required by the Contract Documeots. 4.3.6 Claima for Concealed or Unknown Condiflon~. If con- ditions ate 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 ;tn unnsttaJ nature, which dif- fer matehaily from those ordinarily found to exist and generailv recognized as inherent in construction aCrAVICe5 of cha£acter provided for in the Contract Documents. then notice By the observing part-}- shall be given to the other parw promptly before conditions are ctistuthed and in no event large than 21 days after first observance of the conditior~s. The Archi- tect will promptly investigate such conditions and, :f :hey differ materiqlly :md cause an mcre-d, se or decre:kse in the Contractor's cost o£ or time required for, performance of any Dart of the Work. will recommend an equitable adiuftment in':~e Contract Sum or Comract Time, or both. [f the Amhitect de:e..-nmes that the condinons at the s~te are not maten;~llv different ."rom those indicated in the Contract Documents and'that no cY~;mge in the terms of the Contract ts justified, the Architect si ~-m~l so aortiC- the Owner and Contractor in wntmg, stating ~e rea.son~. Claims By either parc?- in opposition to such de:e.-mination mu$t be made within 2l days after the Architect has given not:ce of the decision. [f the Owner and Cunt<riot cannot agree on an adiustment in the Contmc~ Sum or Contract Time, the adjustment shall ~e referred to the Mchitect for initial deter- mination, subject to further proceedings pursuant :o Paragraph 4.3.7 Claims for Additional Cost. [f the Contractor wkshes to make Claim for an increase in the Ctmtract Sum. ~,'mten notice as provided herein sh-.ll be given before proceeding ~o execute the Work. Prior nonce is not required fnr Claims r:!ating to an emergency endangering life or property arising under Para- graph 10,3. If the Contractor believes additionM cost is involved for reasons including but not limited to ii a written interpretation t¥om the Architect, (2~ an order By :ne Owner to stop the Work where the Contractor was not at fak~L {3) a win- ten order for a minor change in the Work issued ~v the Archi- tect. (4) failure of payment by the Owner, (5) termuq~;tinn of the Contract by the Owner. (6) Owner's suspension or (7) other reasonable grounds. C',ah"n shall be filed in accordcmce with [he procedure established herein. 4.3.8 Claims for Additional Time 4.3.5.1 If the Contractor wishes R) make Claim for ~n thclw~e in the Contract Time. written notice as provided ~erein shall be given, Tile Contractors Clmm shall include an ~umate of cost and of probable effec[~ of delay on progress of the Work. In the case of a continuing delay only one Clmm is ncc~--.sary. 4.3.8.2 [f adverse weather conditions are the bas{5 ~or a C1;um tbr additional time, such CIarm shall be docum~,ted 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 construcnon, 4.3.9 Injury or Damage to Person or ProperW. If either part~ to the Contract suffers iniury or damage to person or propert~ because of an act or omission of the other parry, of any of other party's employees or agents, or of others for whose acts such party, is legally liable, written notice of such injury, or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days a~er first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3,7 or 4.3.8. 4.4 RESOL[JT1ON OF CA.A{MS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of. the fo[lowing preliminary actions within ten days of receipt ufa Claim: (1) request addiuonal supporting data fr(~m the claimant, (2) submit a schedule to the par~ies indicating when the Archi- rect expects to bake action. (3) reject the Claim in whole or in part. stating rea.sons for relemkm. (4) recommend approval of the CLaim by the other paxry or (5) suggest a compromise. The Architect may also. but is not obligated to, notify the surety, if any, of the nature and amount of rhe Claim. 4.4.2 Ifa Claim has been resolved, the Architect will prepare or obtain appropriate documentation, 4.4.3 [fa CIah-n has not been resolved, the party making the Claim shall, within ten days after the Architect s preliminary response, rake one or more nfthe following actions: Il) submit additional supporting data requested by the Architect, (2} modify the initial Claim or (3) notil~- the Architect that the initial CLaim stands. 4.4.4 Ifa Claim has not been resolved after consideration of the foregoing and of fi~rther evidence presented by the parues or requested By the Architect. thc Architect will notilk, the parties in writing that the Architect's decision will he r~ade within seven days, which decision shall be final and binding on the pm-ties but subject to arbitration. Upon expiration of such time pehod, tile Arohilect 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 ther~ ts a surety and there appears ro be a possibility of a Contractor's the Architect may, but is not obligated to, notify the surety and 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Anv controversy or Claim arising ()ut of or related to the Contraci. or the breach thereof, shall be settled by arbitration in accor- dance with the Constcucdim Indu.stc5. Arbitration Rules of the American Arbitration A.ssoclation. and iudgment upon the or C 'latins relating to aesthetic effect and except tYtose w:uved as provided for in Subparagraph -t.3 5. Such controversies a de¢.~sion as provided in Subparagraph -+.-+,4 shall be subject may be commenced when 45 ~ays have passed'after a Claim has been referred to the Architect as provided in Paragraph -~.3 and no dec:sion 'ha5 been rendered. 12 A201-1987 4.5.2 Rule~ an~ Noti(~ for Arbil~tion. Claims between the Owner and Contractor not resolved under P2ragraph 4.4 shall, if subiect to arbitration under Subpm-agraph 4.5.1, be decided by arbitration in accordance with the Construction industry Arbitration Rules of the American Arbitration Associ~.tion cu[- rently in effect, unless the parties mutually agree otherwise, Notice of demand for arbitration shall be ti]ed in writing with the other patty to the Agreement between the Owner and Con- tractor and with the American .~xbitmtion ,~sociation, and a copy shall be Fried with the 3a-chitect. 4.5.:1 C~ntra~: Ps~(:)n~-~nes Duflng At'D~)tatien. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.-i. 4.5,4 When At~til~tion May Bs Demamdm:l. Demmnd for arbi- tration of any CDdm may not be made unal the earlier of(I) the date on which the Architect has rendered a Hnal written deci- sion on the Clmm, (2) the tenth day after the pm~ties have pre- sented evidence Io the Architect or have been given reasonable opporn.mity to do so, if the Archkect has not rendered a final written decision by that date, or (5) any Of the five events described in Subparagraph 4,5.4,1 When a wntten decision of the Architect states that { I ) the d¢cmion is t'tr,~l but subiect to arbitration and (2} a demand for arbitration of a Claim covered by such decision mtmt be made within 50 days a~ter the date on which the puny making the demand receives the Hnal wHtterl decision, then ~ailure to demand arbitration within said ,50 days' period shall result in thc Architect's ~ec~sion becoming final and binding upon the Owner and Contr'actor. if the Architect renders a decision after arbitration proceedings have been initiated, such decision may 4,5,4.2 A demand for arbitration shalI be made within the time limits speciHed in Subparagraphs 4.~,1 and 4.~.4 and Clause 4.~.~.~ as applicable, ;md in other cases within a reasonable b~¢d on such C:awn would be barred by the appiicabic statute of limitations as determined pursuant to Paragraph l~.7. 4.5.5 Limitation on Consolidation or Joinder. No arbitration tot as described in Article 6 and other persons substandativ to the 3.greemenr shall be specifically ~nforcea~ble under appli- 4.5.6 Claims and Timely ~rflon of Claims. A party who files a notice of demand for arbitration must assert in the demand all Clmms then known to that party on which arbitra- tion is ~rmitted to be demanded. When a party falls to include a Cl~dm through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4,5.7 Judgment on F~nal Award. The award rendered by the arbitrator or arbitrators shall be Final. and judgment ma'y be entered upon it in accordance with applicable law in any court having jurisdiction thereof, ARTICLE $ SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who h~ a d~re~t contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throOghout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does hOC include a separate $.1.2 A Sub-subcontractor ts a person or entity who has a direct or indirect contract with a Subcontractor to per/btm a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents ~ if singular representative of the Sub*subcontractor $,2 AWARE) OF SUBCONTRACTS ANn OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 L'nless otherwise stated in thc Contract Documents or the bidding requtrements, the Contractor. as soon as prac- ticable after award of the Contract. shall furnish in writing to the Owner through the Architect the names or' persons or enti- uss [including those who are to ,~mish materials or equipment thbricated to a special design) proposed fur each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor :n writing stating whether or not the Owner or the Architect. a/~er due investigation, ha~ reasonable obiection It) an5' such proposed person or entity. Failure ~)f the Owner or Architect to reply pr~>mptly shall constitute notice of no reason* able objection. 5.2.2 The Contractor shall not contract with a proposed per- son (Dr entity to whom the Owner or Architect has made rea- sonable and timc!y objection. The Contractor shall not be required to contract with anyone to whom the Contractor ha~ made reasonable objection, $.2.$ If the Owner or Architect ha~ reasonable obiection to a person or entity proposed by the Contractor, thc Contractor shall propose another to whom the Owner or Architect h~ no decreased by thc difference in cost occaszoned by such change 5nd an appropriate Change Order shall be Lssued.' However, no increase in the Contract Sum shall be allowed for such change unless thc Contractor has acted promptly and responsively in submitting names as required. 5.2.4 ~rhe Contractor shall not change a Subconrt'actor, person or ennty previously selected if the Owner or Architect makes reasonable objection to such change. A201-1987 13 6.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each SubcontsaCtor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terrra of the Contract Dora- me.nm, 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 si'~all pre. rye and protera the rights of the Owner and amhitect under the Contract Document~ with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not preiudice such fights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redid'ss against the Contractor that the Contractor. by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall smailarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF $1JSCONTRACT$ 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 terminauon of the Contract by. the Owner for cause pursuant to Para- graph I o,.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment ks subiect to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 if ifie Work has been suspended for more than 30 days. the Subcontractors compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the nght to perform construction or operations related to the Proiect with the Owner's own forces. and to award separate contracts in connection with other por- tions of the Proiect or other construcnon or operations on the site under Conditions 9f the Contract identical or substantially similar to these including those pomons related to insuranc~ and waiver of subrogation, If the Contractor clmms that delay or additional cost is involved because of such action by Owner, the Contractor shall make such Claim as provider{ else- where in the Contract Documents. 5.1.2 When separate contracts are awarded for different por- tions of the Prolect or other construction or operations on the site. the term "Contractor" in the Contract Documents in each case shall mean the Contractor who execlites each .separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- 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 schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs conswaction or operations rented to the Proiect with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Amcle 3, this Article 6 and Articles I0, Il' and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors re'usonsble opportunity for introduction and storage of their materiab and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- strucuon and operations with theirs as required by the Contract Dod. reheats. 6.2.2 If par~ of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separa£e contractor, the Contractor shall, pr(or to proceeding with that portion of the Work, promptly report to the .~-rchiteet apparent discrepancies or defects in such other construcuon that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acimowledgmen[ 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 defect5 not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction sfutll be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph [0.2.5. 6.2.5 Clawns 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 reciprocal obligations. 5.2.5 The Owner and each separate contractor shall have the same re~ponsibdines for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor. separate con- tractors :md the Owner as to the responsibility under their respecave contracts tbr maintaining the prerm..~s ~nd surround- ing area free from waste material~ and rubbish as descrthed in Paragraph 3,15. the Owner may clean up and allocate the cost among those responsible a.s the Architect determines 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 for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7'.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the :h'chitect alone. 7.1.3 changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless other~vkse provided in the Change Order. Construction Change Directive or order l~r a minor change in the Work. 7.1.4 If unit paces are stated in the Contract Documents or subsequently agreed upon. and if quantities originally con- tempLated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantmes of Work proposed will cause substantial inequity [o the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written iustrumcnt prepared bt.' thc Architect and signed by the Owner. Contractor and .M'chitect, stating their agreement upon all of the fdilowing: .1 a change in the Work; ,2 the amount of the adjustment in the Contract Sum, if any; ;md .3 the extent of the adiustment in thc Contract Time. if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3,3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 .~. ConstrLtctJon Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect. directing a change in the Work and stating a proposed basis for adjustment, if any. in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract. order changes in the Work within the genern~ scope of the Contr:tct consksnng of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordin~y. 7.3.2 .k Coustruc[ion Change Directive shall be u$ed in the absence of ~otal agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the ad{ustmen[ shall be based on one of the following methocis: .1 mutual acceptance of a tamp sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Document~ or sub- sequendy agreed upon: .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fi`xed 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 promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, ff any, provided in the Construction Change Directive for determining the pro- posed adiustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive sig~ed 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 adiustment in the Contract Sum, the method and the adiustment shall be determined by the Archi- tect on the basks of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum. a reasonable allowance for overhead and profit. In such case, and also under CLause 73,3.3, the Contractor shafi keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Urtle~ otherwise provided in the Contract Documents, costs for the purposes of th~ Subparagraph 736 shall be limited to the following: .1 costs of labor, including soclal security, old age and unemployment insurance, fringe benefits required by compensanon insurance: .2 costs of materiaLs, supplies and eqmpment, includ- .4 costs of premiums for all bonds and insurance, permit Work; and .5 addinona[ costs of supervision and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decre-J.Se in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor dj) not agree with the adjustment in Contract Time or the method for determining it. the adjustment or the method shall be referred to the .-~xchitect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the ,M'chi[ect concerning the adjg$tments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective a'm'nediateiy 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 authon~ to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such ci'ianges 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 DEFINmONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, alIotted in the Con- tract DocumenLs for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or enntie~ for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date ce, rifled by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day' as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract IN)cumcnts arc ot thc k)r perfi)rming the W.rk. date of insurance required by Article I I to be furnished b~.' the 8.2.3 Thc Contractur shall proceed expeditiously ~.ith ade- 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 if the Contractor is delayed at an)' time in progress of the 8.8.2 Claims relating ti) time shall be made in accordance with applicable provisions of Paragraph -~.3. 8.3.3 This Paragraph 8.3 does not preclude rect~very of 'dam- ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9,1.1 The Contract Sum is stated in the Agreement and, includ- ing authonzed adiustments, 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 ,~a-chitect a schedule of values allocated to various portions of the Work. prepared in such form and sup- ported by such data to substantiate its accuraQ- as the Architect may require. This schedule, unless obiected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tit}ns for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At lea.st ten days before thc date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operatkms completed in accordance with the schedule of values. Such application shall be notanzed, if required, and supported by such data substantiating the Contractor's fight to payment as the Owner or Architect may' require, such as cupies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided [:or elsewhere in the Contract Documents, 9.3.1.1 Such applications ma5' include requests for payment on account of changes in the Work which have been properly 16 A201-1987 nated portion thereof is sub~t, antkally 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 kssUance of the CerrW~cate 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 Archire~ to determine Substantl~ Completion. When the Work or designated pomon thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall estab~h the dare of Sub- standal Completion, shall estahlistl responsibilities of the Owner and Conwactor for security, rnmnrenance, heut, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Wammties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certaficate of Substantial Comple- tion. The Certificate of Substantial Completion slmll be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.3 Upon 5ubstantml Completion of the Work or designared portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment m reminage, if any, for such Work or por- oon thereof as provided in the Contract Docmnents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or me any completed or par- dally completed portion of the Work at uny stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 1 1.3.1 1 and authorized by public suthonties having jurisdiction over the Work, Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in wining the responsibilities assigned To each of them for payments, retamage if any. secu- rity, maintenance heat, u~ities, damage to the Work and insur- ance. md have agreed in wining concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unre-s_sonably 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 dec~sion of the Architect. 9.9.2 lmmediarety prior to such partial occupancy or use, the Owner, Contractor and :~'chitect shall jointly inspect the area ~o be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.~ Unless otherwise agreed upon. partial occupancy or use of a pomon or pomons of the Work shall not constitute accep- tance of Work not compb'ing with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon rece:pt of written nonce that the Work is ready for i'mal inspection and acceptance and upon receipt of a final ApplicaUon for Payment. the Architect will promptly ri'take such inspection and, when thc Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, thc Architect will promptly issue a in.al Certificate for Payment stating dmt to the best of thc Architect's lmowledge, information and belief, and on thc basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said f'mal Certlficare is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions Ii,red in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have b~n fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, ind 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 currendy in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the thsurance will not be renewable to cover the period required by the Contract Documents. (4) consent of surety., if any, to llnal payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, cLaims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcon- tractor refuses to furnish a reie0.se or waiver required by the Owner, the Contractor may fumksh a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien rem. ins unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall. upon application by the Contractor and certification by the Architect. and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not ~ully com- pleted or corrected is less than retanaage stipulated in the Con- tract Documents. and if bonds i-rove been fiamisbed, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Archirect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall consuture a waiv6r of clalrns by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor. a Sub* contractor or material supplier shall constitute a waiver of clmms by that payee except those previously made in wdtmg and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition [o the waiver de~Zlbed in Subparag.mph 4,3.5. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shaft be responsible for initiating, main- taming and supervising ail safety precautions and programs in connection with the performance of the Contract. 10.1.2 in thc event thc Contractor encounters on the site material reasonably believecl to be asbestos or polycl'flormatcd biphenyl (PCB) which has not been rendered harmless, the Contractor shaft hmmerllarely stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shaft not thereafter be resumed except by written agreement of the Owner and Cuntmctor if in fact the marermi is asbestos or polychlorinared biphenyl (PCB) and has not been rendereci 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 h;u'mless, by written agreement of the Owner and Contractor, or ;n accordance with fin-d determination by the Architect on which arbitratinn has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without con.sent any Work relating to asbestos or polychlorinated biphen)-I (PCB). 10.1.4 To the fi~llest extent permitted by law, the Owner shall indemnify and hold harmless the Commctor. Architect, Archi- tect's consult:mm and agents :md employees of any of them from :md against claims, damages, losses and expe~s, includ- ing but not ILmited to attorneys' fe~, arising out of or resulting from performance of the Work in the affected area if in fact the materi:~ is asbestos or poivchlorinated biphenyl (PCB) and has m~t been rendered harmless, provided that such claim, damage, k~ss or expense ~s atmbutable to bodily injury, s ckness, disesse or death, or to iniury to or destruction of'tangible property Iother than the Work itse!fl inc!uding loss of use resulting therefrom, but only to the extent caused in whole or tn part bv negligent acts or omissions of the Owner, anyone directly o'r indirectly employed by the Owner or anwm~ for whose'acts the O~ncr may be liable, regardless of ~hethes or not such claim, damage, loss or expense i~ caused in part by a part,,' indemnii'lcd hereunder. Such obligation shall not be construe~ to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a pam' or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Commctor sh~ll take re0,sonab[e precautions for safety or; and shall provide re'asonable protection to prevent damage, iniury or loss to: .1 employees on he Work :md other persons v, ho may be affected hereby; ' .2 the Work and mated-tis and equipment to be incorpo- rated therein, whether in storage on or off the s~te. strucmre:3 and utilities not designated for removal reIo- 10.2.2 The Contractor shall give notices and comply with applicable laws. ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reaso~- able safeguards for safety and protection, including posting clanger signs arid other warnings against haz~ds, promdigating safety regulations and notifying owners and user~ of adjacent sites and utilities. ' 10.2.4. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost c=e and carry on such activities under supervision of properly qualified personnel. ' 10.2.8 The ContraCtor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property, referred to in Clauses I0.2.1.2 and 10.2. i .3 caused in whole or in part by the Contractor. a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed hv any of them. or by an~,one for whose acts they may be liable and ?or which the C~ntractor ks responsible under Clauses 10._.I.~ and 10.2.l.3, except damage or [nss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed bv either of them. or by anyone for :whose acts either of them ma(~ be liable, and not attributable to the fault or negligence of th~ Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's ohligatinns under Paragraph 3.18. 10.2.$ The Contractor shaft designate a responsible member of prevention of accidents. This person shaft be the 'Contractor's supennrendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.1 Tl~e Contractor shall not load or permit any part of the 10.3 EMERGENCIES or' an emergency shall he derermin~d as provided in P~'agraph -~.~ and ArtlcI¢ ~. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S I..tABILiTy INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the iurisdiction in which the Project is located such insurance as w,II protect the Contractor from clmms set forth below which may arise out of or result from the Contractor s operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contrac(or or by ~ Subcontractor or by anyone direcdv ~r indirecdv emnloved'bv any of them, or by anyone for whose acts any o'f them ma,,, b~ liable: .1 claims under workers or wod~nen s compensation. cl.L~b,nty benefit and o~er sirmlar employee benefit acts w~ch a~ applicable to the Wor~ to be performed; .2 claims for damages because of bodily injury, occupa- employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- .4 ciatins for cim'nages insured by usual personal iniury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor. or (2) by another person; .5 claims for damages, other than to the Work itself, because of iniury to or destruction of tangible prop- erty, including loss of use resulting therefrom: .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- .? claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph I I. I. 1 shall be written for not less than limits of liability specified in the Con- from date of commencement oi: the Work until date of final tm. ned after final payment. 11.1.3 Cer'~ificates of Insurance acceptable to the Owner shall These Certificates and the insurance policies required by tht5 of such coverage shall be submitted with the final Appiicanon for Payment as required by Subparagraph 9 10.2. Info ,rm. ation 11.2 OWNER'S LIABILITY INSURANC£ 11.2.1 The Owner shall be responsible for purchasing and mamtalmng the Owner's usual liability insurance. Optionally, for purchasing and maintaining this optional Owner's liability 11.3 PROPERTY INSUI:~NCE 11.3.1 Unless other~'tse provided, the Owner shall purchase made as provided in Paragraph 9. lO or until no person or entity other than the Owner has an insurable ~nterest in the property required by this Paragraph 11.3 to be covered, whichever is em-lief. 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-dsk pdiicy form and shall insure ag;aP, st the perils of Fire and extended coverage and physical loss or daruage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, fa~kse- work. temporary buildings and debris removal including demolition occ~ioned 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 pertls 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 afl of the coverages in the amount described above, the Owner shall so inform the Contractor in writing pdor 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 shaft be charged to the Owner. If the Contrac- tor is damaged by the fmlure or neglect of the Owner to pur- ch~e or mmntam insurance as descr:bed above, without so notifying the Contractor. then the Owner shall bear all reason- able costs propcdy attributable thereto. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identaqed in the Contract Docu- ments, the Contractor shaft pay costs not covered because of such deductibles. £f the Owner or ~nsurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with volunta~,- deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents. the Owner shaft pa), costs not covered because of deductibles. 11.3.1.4 Unless otherwise pa)vialed in the Contrac: Dore- 11.3.2 Boiler and Machinery Insurance. Thc Owner shall shall be charged to tile Contractor Dy appropnate Char:ge 20 A201-1987 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property, insurance under policies separate from those imurmg the Project, or if after final pa.vment prop- erty insurance is to be provided on the completed Project through a policy, or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all right[ in accordance with the terms of Subparagraph l 1.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies si'mil provide this waiver of subrogation by endorsement or otherWme. 11.3.6 Before an exposure to loss may occur, the Owner shall ['de with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contam all generally applicable conditions, del~qi- tions, exclusions and endorsement[ related to this Project. Each policy shall contam a provision that die policy will not be cancelled or allowed to expire until at le-.~t 30 days' prior writ- ten notice has Been given to the Contractor. 11.3.7 Waivem of Submgaaon. The Owner ;md Contractor waive all rights agamst (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the .architect, Architect's consultant[, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employers, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property msurance applicable to the Work, except such right[ as they have to proceeds of such insur'Lnce held by the Owner as fiduciary. The Owner or Contractor, as appropriate. shall require of the Architect..architect's consultants, separate contractors descnbed in .~'ticle 6, if any, and the subcontrac- tors, sub-subcontracrot[, agents and empioye~ of any of them. by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated hereto. The policies shall provide such waivers of subro- ganon by endorsement or otherwise. A waiver of subrogation shall be effecuve as rD a person or entity' even though tint per- son or entity would otherwise have a duty of indemnification. contractual or otherwise, did not pay the insurm]ce premium directly or mdirectly, 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 adjusted by the Owner as fiducmry and made payable to the Owner as fiducmry for the insureds, as their interests may appear, subiect to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay- Subcontractors their just shares of insurance proceeds received by the Contractor, and by approprmte agreements, wnnen where legally required for validity, shall require Subcontractors rD make payments to their Sub-subcontractors in similar 11.3.9 [f required in writmg by a parry ~n interest, the Owner as fiduciary shall, upon occurrence of an insured loss, g~ve bond for proper performance of the Owner's duties. The cost of required bonds shaft be charged against proceeds received as fiduciary. The Owner shall deposit m a separate account pro- reeds so received, which the Owner shall distribute in accor- dance with such agreement as the partle5 in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. if a~ter such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Chmage 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 object in writing within five days a~er occurrence of loss to the Owner's exercise of this power; if such objection be made. arbitrators shall be chosma as provided in Paragraph 4.5. The Owner a~s fiduciary shall, in that case, mare settlement with insurers in accordance with direcnons of such arbitrators. If distribution of insurance proceeds By arbitration is required. the arbitrators will direct such distribution. 11.3.11 Parmtl 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 shall t:~.e ressonable steps to obtam consent of the insurance company or companies and shall without mutual wnnen consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner si'mil have thc nght to require thc Contrac- tor to furnish Bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- Iated in bidding reqmrement[ 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 porenual beneficwa-y of bonds covermg payment of obliga- tions arising under the Contract. me Contractor shall promptly furnish a copy of the bonds or shall permit a cop5' 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 musL if required in writing By the Architect, be uncovered for the Architect's obse~'ation and be replaced at the Contractor's expense without change in the Contract Time. 12.2.9 tr. within one year aider the date of Substantial Compie- for commencement of wan-S, mties established under Sub- paragraph 9.9.1, or by terms of an applicable special wamanty required by the Contract Documents, any of the Work is found to b~ not in accordance with the reqUn'ements of the Contract Documents, the Contractor shall correct it prompdy ;filer receipt of written notice from the Owner to do so unless the Owner has previously given the Contracror ;1 written accep- tance of such condition. This period of one yem' si'mil be extended with respect to portions of Work first performed ~es Substmatml Compleuon by the period of tune between Substan- cml Completion and the actual perforce of the Work. This obligation under this Subpaz'al~-aph 12.2.2 shall survive accep- tance of the Work undo'-,, the Contract and terrmrmtion of the Conwact. The Owner shall give such nouce promprJy after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordmnce with the requkements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor ~ to correct nonconforming Work within a reasonable time. the Owner may correct it in accor- dance with Paragraph 2.e. tf the Contractor does not proceed with correcuon of such nonconforming Work within a reason- able tn'ne fLxed by written notice from the ?ffchitect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days aRer written notice, the Owner may upon ten additional days' written notice sell such materials s. ad equipment at auction or at pnvate sale and shall account fcr :.ne proceeds thereof, after deducting costs and &amages that should have been borne by the Con- tractor, inc!uding comper--ation for the Architect's setx'ices and expenses made necessarS- thereby. If such proceeds of sale do not cover costs which the Contractor should have home, the Contract Sum shalI be reduced by the deticiency. If payments then or there-alter due the Contractor are not suffictem io cover such amount, the Contractor shall pay the difference to the Owner 12.2.5 The Contractor shall bear the cost of correcting which is not ~n accor~ce with thc requiremen~ of the Con- 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- srtued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of thc time period at' one year as described u~ Subparagraph 12.2.2 re~tes only to the specific obligation of the Contractor to correct the Work. and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced. nor to the th'ne within '7.'hiCri proceedings may be commenced to establish the Contrac:or's liability with respect ~o the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 [f the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case He Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment h~ been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING [.AW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 Thc Owner and Contractor respectively bind them- selves, their panners, successors, assigns and legal representa- tives to the other pm"ty hereto and to partners, successors, assigns and legal representatives of such other party, in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole withoot written consent of the other. If either party attempts to make such an assignment without such consent, that party shaft nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRItTeN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the COrpOration for which it was intended, or if delivered at or sent by registered or ce-tiffed mall to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties :md obligations imposed by [he Contract Docu- ments and rights and remedies avmlabie thereunder shall be in addition to and not a limitanon of duties, obligations, rights and remedies otherwise u-nposed or available by law, 13.4.2 No action or failure to act by the Owner, .M'chitect or Contractor shall constitute a waiver ora nght or duty afforded them under the Contract. nor shall such action or failure to act constitute approval of or acquiescence ~n a breach thereunder, except as may be specifically agreed in wrinng. 13.5 TESTS AND iNSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or hy laws. ordi- nances, rules, regulations or orders of public authorities having jurisdiction shaft be made at an appropriate time. Unless other wise provided, the Contractor shall make arrangements for such tests, inspectinns and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shaft hear all related costs of tests, inspections and approvals, The Contractor shall ~x'e the Architect timely notice of when and where tests and [nspec- tic)ns are to be made so the Architect may obse~'e such proce- dures. The Owner shall bear costs of tests, inspections or approv'.~s which do not become requirements until after bids are received or negotiations concinded, 13.5.2 tf the &rchitect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5, I. the Architect will. upon wntten authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by afl entity acceptable to the Owner, and the Contractor shall give umeiy notice to the .~chitect of when and where tests and inspections are to be made so the M'chitect may observe such procedures, 22 A201-1987 The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 1;],~;.3 It' such procedures for testing, inspection or approval under Subparagraphs 13.5,1 and 13.5.2 reveal ~ailure of r~e pomons of the Work to comply with requirements established by the Contract Documents, the Contractor sh~l bear ~ costs made necessary, by such ~liure including those of repeated procedures and compensation for the Architect's services and 13.5.4 Required ceruflmtes of testing, inspechon or approval shall, unless otherW~e required by the Contract Documents. be secured by the Contractor and promptly delivered to the Architect. 1l],$.$ If the Architect is to obaecve tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of resting. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay tn the Work. 13.6 INTEREST 13.6.1 Payments due and unpmd under the Contract Docu- ments shaft bear interest from the date payment m due at such 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 .4 between the Owner and Contractor: .1 Before SubstantialCompletion. As to actsor failures to act occurring prior to the relevant date of Substan- ual Completion. any applicable statute of limitations shaft commcnce to curt and any alleged muse of action shaft be deemed to have accrued in any and all events not later than such date of Substantial Completion: .2 Between Substantial Completion and Final Certlfi- .3 After Final Certificate for Payment. &s to acts or ante of the tinal Certificaie for 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 their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order ora court or other public author- it), having jurisdiction; .2 an act ofgovemmem, such as a declaration of national emergency, making material unavailable; ,'~ because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the' reason for withholding certification as provided in Subparagraph 9.4.1. or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than t 00 percent of the total num- ber of days scheduled for completion, or 120 days in any 365qtay period, whichever is less; or .8 the Owner has failed to fumtsh 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 rea.sons exists, the Contractor may, upon seven additional clays' written notlce to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to maienals, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped ~or 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 pertbrming portions of the Work under contract with the Contractor because the Owner has persistently tailed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- t:m£ 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 ~s provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if thc Contractor: .1 persistently or repeatedly refu~es or fails to supply enough properly skilled workers or proper materials; .2 finis to make payment to Subcontractors for materials .3 persistently disregards laws. ordinances, or rules, reg- ulations or orders of a public authority having lurks- diction: or .4 otherwise ts guilty of substantial breach ora provision 14.2.2 When any of the above reasons e.xi.st, the Owner. upon ceruficatlon by the 3xchitect that sufficient cause exists to jus- A201-1987 23 tifv such ac:ion, may without preiuciice ro any other rights or remedies of the Owner and alter giving the Contractor and the Contractor's surety., if any, seven clays' wmten notice, termi- nate emplo,vment of the Contractor and may, subjec~ to any prior rights of the surety,: .1 take possession bt' the site and of all materials, equip- ment, tools, and construcuon equipment and maclnin- cry thereon owned by the Contractor; .2 accept as.signment of subcontracts pursuant to Pm- graph 5.4: and .3 ~n'ush the Work by whatever reportable method the Owner may deem expedient. 14.2.3 When the Owner termirmtes the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be e~tided to receive further payment tmtii the Work ks ~'mished. 14.2.4 If the unpaid balamce ot ~he Contract Sum exceeds costs of Fmkshing the Work. including compensation for the Archi- tect's services and expense~ made necessm, v thereby, such excess shall be paid to the Contractor. If such costs exceed the unpmd balance, the Contractor sh~i pay the difference to the Owner. The m'nount to be paid to the Contractor or Owner, as the case may be. shall be certified by the .~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 thc Contractor in writmg to suspend, delay or interrupt the Work in whole or in part for such period of time as thc Owner may determine. 14.3."a An adjustment shall be made for incr, mses in the cost of performance of the Contract, including profit on thc incremed cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by mother cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of thrs Contract. 14.3.3 3.diustments made in the cost of performance may have a mutually agreed :Lied or percentage fee. 24 A201-1987 WARNING: Unr, c~e~t elmax:aapC, ng .dmata~ U.S. copyrig~t Im,,~ and is ~,,ue~ m ~ pma~-u~n. GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents' do for its successors and assigns remise, release, and forever discharge the said (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. ,19 and any admittance or 1N WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its this day of ,19 __ Attest: Principal: PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY ................................. -~-~--~ ~;~,-C -~" .................................. :3.00 :5.30 '~ 3C --/38 '4~ZNE ]CNST~UCTiCN NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national odgin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgradir~, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which ne has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through · nere~na~er called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race. creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shatl promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a.' and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights, and the Owners representatives I counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith c~nceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the OwnedContracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as the Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. :. Each and even/provision of laW'*and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or other,vise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national odgin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking tots, ddnking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national ongin, because of habit, local custom, or other,vise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time pedods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that appliCants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer;, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that ail qualified appliCants will receive consideration for employment without regard to race, creed, color, or national origin. (3) (4) (5) (6) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the provisions of Paragraphs (1) through (7) in even/subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretan/of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided. however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reoorts and Other Reauired Information Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each pdme contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub. contract or pumhase order amounting to $ 50,000 or more, or serves as a depositon/of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the pdme contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. 1-12.805.4 ReDor[s and Other Required Information (b) Requirements for bidders or prospective contractors. (1) (2) (3) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether, it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offerer substantially as follows: "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained pdor to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. In any case in which a bidder or prospective pdme contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covedng the delinquent penod or such other pedod specified by the agency or the Director. A bidder or prospective pdme contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract When a determination has been made to award the cc!ntract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. ( C ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall he used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard ~ Form No. Stock ~qumber Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENTSTANDARDS A4 All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.SC. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2.000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis cfa standard work day of_8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-112 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, ro dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and pdces. The provision shall advise [he recipient [hat submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a codification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and subgrants of amounts in excess of $100,000 shall contain a provision which requires [he recipient to agree to compty with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. V~olations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In additicn, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facilit,/improvement awarded in excess ors 100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants in excess of $10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment pportumty, as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national odgin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The.grantee shall establish procedures to assure compliance with this requirement by contractors or subgrantaes and to assure that suspected or reported violations are promptly investigated. COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3--e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of LaPor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any ich under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race creed color or national origin. (Your attention is directed to the prowslons of the State law against Discrimination which also prohibits discrimination in employment because of age); (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within t~ territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment;, that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social secudty and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination ~n employment including discrimination because of age, race, creed, color or national origin. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 15, 1997: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids to contract a 4 ft. wide timber stairway to the beach at the end of Rocky Point Road, East Marion, N.Y., in accordance with the NYS-DEC Permit. ~. Terry Southold Town Clerk April 16, 1997 RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids to construct a 4' wide timber stairway to the be~c~ at the end of Rocky Point Road, East Marion, NY, in accordance with NYSDEC Permit. This project is funded, in part, by NYSDOS. If you have any questions on the above, please contact Jim McMahon JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Ha]], 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CI.ERK TOWN OF SOUTHOLD October 29, 1997 Patricia Panchak KJB Industries Inc. 70 Park Road Riverhead, New York 11901 Dear Ms. Panchak: The Southold Town Board, at a regular meeting held on October 28, 1997, rejected your bid in the amount of $27,595.00, to construct stairs and landings at the end of Rocky Point Road, East Marion, N.Y. Returned herewith is your 5% Bid Bond. The Town Board has authorized a rebid for this project, and when the specifications are ready I will let you know. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure COLONIAL SURETY COMPANY Harrisburg, Pennsylvania BID BOND Approved by The American Institute of Architects A.I.A. Document No. A-310(Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we KJB INDUSTRrI~S INC. DBA EAGLE ASPHALT MAINTENANCE, Riverhead, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and f'rrmly bound unto Southold Town, Southold, NY as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid .......................... for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, f'u'mly by these presents. WHEREAS, the Principal has submitted a bid for Stair and Landing Replacement at End of Rocky Point Road, East Marion, NY NOW, THEREFORE, if the Obligee shall accept the bid of the Priucipai and the Principal shall enter into a Contract with the Obligec in accordance with the [cim~ 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. Signed and sealed this.. 7th day, of October 1997. · . ;I //."-"~ / / / / · ~..- , '-(WitnessD -' ," O,Vitness) ,d Erinn Finnegan Form C2OO-ll9(Rev. 4/88) KJB INDUSTRIES INC. D~BA EAGLE ASPHALT MAINTENANCE , (~ip~)~ ~ e (Se~) (Ti~e) COLONIAL SURETY COMPANY (Seal) / rry ~ irro (AttFmey-in-Fact) Harrisburg, Pennsylvania Administra~Office: 50 Chestnut Ridge Road, Montvale, New, 07645 ~ ~ ~ ~ ~QENERALPOWEROFATTORNEY' ~ i~ ~ ~ . Kn~wA~Menby.T~esePr~t~T~tc~L~N~AL~SURETYC~MPANY~ac~rp~ti~du~y~~~i~!~ ~onw~Eh of ~n~sY~nm and ~ng~ Ad~m~sKauVe ~ m M0n~ae~en.~;.~ ~ by~ State of New Jersey County of Bergen On this 7th day of October , in the year 1997, before me Alayna Baldanza, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the person who executed the within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company therein named and acknowledged to me that the corporation executed it. Alayna Baldalaza A Nota~ PMdie of New Jersey Notary Pt~blic an and for the / County of Bergen State of New Jersey COLONIAL SURETY COMPANY Harrisburg, Pennsylvania - Inc. 1930 - FINANCIAL STATEMENT--DECEMBER 31, 1996 *Stocks and Bonds .................... $ 2,668,027 Cash in Office & Banks .................. 1,001,933 Accrued Interest & Dividends ............. 41,007 Premiums & Agents Salances RecalvaPle .... 489,392 Other Assets ......................... 1,551,692 Total Admitted Assets .............. 5,752,051 UABIMTIES & SURPLUS Reserve for Unearned Premiums .............. $ 803,530 Claim Reserves .......................... 773,000 Other Reserves .......................... 49,513 Collateral Held ........................... 1,386,858 Capital Stock ............................ 1,000,000 Surplus ................................ 1,739,150 Total Liabilities & Surplus ............... 5,752,051 STATE OF NEW JERSEY COUNTY OF BERGEN I, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of Oecember 31,1996. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 31st day of Januan/, 1997. Jacqueline Berthelsen A Notary Public of New Je~ey Wayne Nunzlata President N ota~/Public JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 28, 1997: RESOLVED that the Town Board of the Town of Southold hereby rejects the bid of KJB Industries, Inc., Riverhead, in the amount of $27,595.00, for the construction of stairs and landings at the end of Rocky Point Road, East Marion; and be it FURTHER RESOLVED that the Town Board hereby authorizes and directs the Town Clerk to readvertise for bids to construction a 4 ft. wide timber stairway to the beach at the end of Rocky Point Road, East Marion, New York, all in accordance with the NYS-DEC Permit. Southold Town Clerk October 29, 1997 INVITATION TO BIDDERS: STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY September 22, 1997 ENG~ ~E~ENTI PECONIC [.ANE , ECONIC, N.Y. INDEX TO SPECIFICATIONS INVITATION TO BID & BIDDING REQUIREMENTS PROJECT DESCRIPTION INSTRUCTION TO BIDDERS PROPOSAL FORM STATEMENT OF NON~COLLUSION BID BOND OFFER OF SURETY GENEIL~L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION GENERAL RELEASE PREVAILING WAGE RATES NON-DISCRIMINATION CLAUSE & COMPLIANCE WITH LABOR LAW INVITATION TO BID Project: Construction of Stairs and Landing at the end of Rocky Point Road, East Marion, NY The Town Board of the Town of Southoid will receive bids for furnishing all of the labor, materials and equipment as required for the construction of the stairs and landings at the end of Rocky Point Road, East Marion, NY, in accordance with the plans and specifications prepared by James A. Richter, R.A., Southoid town Engineering Department, Peconic Lane, Peconic, NY." Bids will be received at the Office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southoid NY 11971, until I0:00 a.m., Thursday, October 9, 1997. All specifications are provided herein: drawings to be attached. A fee of ten ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the town of 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 Southold reserves the right to waive any informalities and reject any or all bids and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: Septemberl6, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk PROJECT DESCRiPTiON CONSTRUCTION OF STAIRS & LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY This project includes the construction of a set of stairs and landings at the end of Rocky Point Road, East Marion, NY, as outlined in the Stair & Landing Details, enclosed. Requests for further information and all inquires should be directed to the Office of the Engineer of the Town of $outhoid, at 765-3070 Attention: James A. Richter, R. A. 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 guaran~ in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal 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 quantifies 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 instrncr~on 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, as 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 void, 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. 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 is 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: The end of Rocky Point Road East Marion, NY 11939 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 STAIRS AND LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY 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: ~.-z -/ ., -,. ' ' . ~: , (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 SeptemPer 1, 1966, every I~ict 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 o¢Scial 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 t~e penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid. each par'b/thereto certifies as to its own organization, under penalt~ of perjury, that to the best of knowledge aed belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, direc'Jy or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the ti'uth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attac,~ed hereto (if a corporate bidder) is a cardfied copy of resolution authorizing the execution of this cer'dficate by the signature of this bid or proposal on behalf of the corporate bidder RESOLUTION (Name of Co~eration) authonzed to sign and submit the bid or proposal of this corporation for the fo ow ng Project: STAIR & LANDENG REPLACEMENT AT THE END OF ROCKY POINT ROAD, EAST MARION, ~ and to include in such bid or proposal the certificate as to non-~ollusion required by section one-hundred-three-d (103--d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New Yor~(, 1965 Ch. 751. Sec. 103-d, as amended effective SeDtember 1, 1966 (Signature) COLONIAL SURETY COMPANY Harrisburg, Pennsylvania BID BOND Approved by The American Institute of Architects A.I.A. Document No. A-310(Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we KJB INDUSTRI~.S INC. DBA EAGLE ASPHALT MAINTENANCE, Riverbead, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and f'n-mly bound unto Southold Town, Southold, NY as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid ........................... for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, admini.~trators, successors and assigns, jointly and severally, fLrmly by these presents. WHEREAS, the Principal has submitted a bid for Stair and Landing Replacement at End of Rocky Point Road, East Marion, NY 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. Signed and sealed this 'Tt~ day/of October 1997. ,' (Wimess) Erinn Finnegan Form C200-119 (Rev. 4/88) KJB INDUSTRIE, S INC. D4BA EAGLE ASPHALT ~mcip~) (Se~) ~( ~/~ r~ -~ / (Title) COLONIAL SURETY COMPANY (Seal) /Sherryann~dDePirro (Atiffr~y-in-Fact) COLONIAL SURETY COMPANY Harrisburg, Pennsylvania - Inc. 1930 - FINANCIAL STATEMENT-DECEMBER 31, 1996 ASSETS 'Stocks and Bonds .................... $ 2,668,027 Cash in Office & Banks .................. 1,001,933 Accrued Interest & Dividends ............. 41,007 Premiums & Agants Balances Receivable .... 489,392 Other Assets ......................... 1,551,692 Total Admitted Assets .............. 5,752,051 MABIUTIES & SURPLUS Reserve for Unearned Premiums .............. $ 603,530 Claim Reserves .......................... 773,000 Other Reserves .......................... 49,513 Collateral Hald ........................... 1,386,858 Capital Stock ............................ 1,000,000 Surplus ................................ 1,739,150 Total Liabilities & Surplus ............... 5,752,051 STATE OF NEW JERSEY COUNTY OF BERGEN I, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31,1996. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 31st day of January, 1997. Jacqueline Berthetsen A Notary Public of New Jersey Wayne Nunziata President State of New Jersey County of Bergen On this 7th day of October , in the year 1997, before me Alayna Baldanza, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the person who executed the within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company therein named and acknowledged to me that the corporation executed it. A N~ry ~ of New Se~sey Notary P~hc in and for the ~ County of Bergen State of New Jersey i LONIAL SURETY COMPAN b Harnsbur§, Pennsylvanra ~ Administrative Office: 50 Chesmu~ Ridge Road, Montvale, New Jersey GENERAL POWER OF ATTORNEY Know All Men by Thence Praaents. That COLONIAL SURETY COMPANY. a corporation duly organized end existincj under the taws of the Commonwealth of Pennsytvania and having an Administrative Office in Montvale. ~ergen County, NJ dOeS by ii,ese prase~ ts make. consatute ar~ appoint .Wayne Nunziata~ ok Anthony J. Cimasko or Mawanne DePirro or Sherryar~ne DePirro of Montvate and State cf New Jersey ~ts true and lawfut Attomeyls~-in:Fact. with full :~ower an¢ aumor~ty r~ereuy cenferred in its name, ptace and stead, to execute. ~cknowledgeand deliver. - _ - - - . ~ Any andAIl'Bond~ ' - - - - enc~0 ~d~L~ ~?m pany thPal~y asfally and-to the same exte~ta$ilsuch bondswere sfgn~dby the Pr e~idenlL. ~lealed wit h_ the corporat~eaal'ot t~£. Comoany and. du~E attestec~by its ~ecmtary;~ hereby~ ra~fyi~ and conflrmL, tg all ttmt the aaiG. Atto mey(i~in-Fact may do-i~th~pren~.~ ~- E sopS_ In ~tme~C,~m~ a_de ~-~nde[~ _a~:t 6-~a ~uth0ntyi~of the following;reS°lution adopted bYthe Board 0¢ Director* ortheColonial St~'ety _Compaq_ ~ _~ .;.Be;l(Re~oived;tha~ths President, ~y ~'lce-P residen t.~any Secretary o[ any As.;.istant Secretary shall be andi$ hereb~ veate~with full powera~:~ ~ aut~ori~ to ap~ol~ter~y._or~_oi: more suitabl~peraons asAttorney(s)*in;-FacH¢ represent ar~dect forandon t~aflalCot:ttleOompanYsubje~-to tt:~ ~.: · ~e~¢:A~tor~e~i~-E~(A~y~.~act~a~iv~ ~lt ~an~ a.~o~ for an8 i~th~ pa~f'oE~~: ~ ex~ute~ ~nCwledge-a~ ~ive~¢ any ~d all ~d~ rec~n~n~s~ ~r~m~ of)ndem~ a~ot~rcondia~e~er ~tl~t~ ~ und~ak ~g~ any ~ ~all~ofic~ doc~ts cancali~¢ar te~inating~e ~mDany~ liabili~ t~, an~n~i~m~ ex~ut~ by any ~ch Atl:o~y4 ~-Fact Pall ~ binding u ~n ~e C~p~yas if ¢~ ~ ~ Presider and ~al~ ~ at~t~y ~e ~ ¢ State of New Jersey County of Bergen COLONIAL:SUBP-.I Y-CC MPANY -~ ~_ On this 1st Pay ot November dacQue,ne ~erthe[sen the-year 19 95 . before m~- L the undersigned Se~eta~ =[ Colonial Surety Company.. nereoy certify ~at tt~e above and foregoing s a full. true anc[ correct copyot t~le~ Original Power of- Attorney issued by said Company, ancrdor~ere~.y further-c~rtif¥ that~e~md Power of Attorney i[sttll il~ forceand Anctf c/o-hereby fu t-the r certify that the Certification of th is Power of Attorney ts slgne~ and seale~ by facsimiis under and by the authority IoUowing re~otutton adooted uy the Board o1 Directors of the ColonialSurety company at ~ meetmgduly ce. tied and hald on the30th o f:'Janue~ THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A.370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, as Principal, hereinafter called the Principal, and that we a corporation duly organized under the laws of the State of as Surety, hereinafter catIed the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars (S ), for the payment of which sum well and truly to be made, the said Principai and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assi§ns, 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 Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms oi such bid, and give such bond or bonds as may be specified in the biddin$ or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for :he prompt payment of labor and material furnished in the prosecution thereot, or in the event of the failure o( the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Oblige'e the di/fetence not to e.xceed :he penalty hereof between the amount specified in said bid and such larger amount for which the Obii~ee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be nuil and void, otherwise to remain in furl iorce and effect. Signed and sealed this day of 19 (Print:pal) (Seat) (Tiuei 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 A~orney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. A M E R I £el, i I N S T ! T U T E ARCHITECT AIA Document A201 General Conditions of the Contract for Construction 1987 EDITION TABLE OF ARTICLES 1. GENEIL-kL PROVISIONS 2. O~¢ .~ER 3. CONTRACTOR 4. ADMINISTIL~.TION OF THE CONT1L~,CT 5. SUBCONT1L~CTORS 6. CONSTRUCTION BY OWNER OR BY SEP:LR,~TE CONTRACTORS 7. CFL~'~GES IN THE WORK 8. TIME 9. PAYMENTS ,~"~O COMPLETION I0. PROTECTION OF PERSONS A~'q'D PROPERTY 1 i.INSUIL-LN'CE A.ND BONDS I2. rc~CO'v'ERkNG ,~N'D CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS i4. TEILMLN'ATION OR SUSPENSION OF THE CONTK~.CT This document has been approveei and endo~¢~l by The .~soc:ated Gener':,i Contmc:ors of America. Copyright 19ll, 1915, 1918. I925, 1937. t951, [958. 190l. 1965, [?ob. [967. I9-0. lg-(x ~ 198- b,- ~-he .~J'nemcan [nstl£ute of ArcnigecT$. ?3; A201-1987 I INDEX Acceptance of Nanconforrning Work ......... 9.6.6,9.9.3,12.3 and Om~ions . . }.2. I, 3.2.2, 3.}.2, 3.12.8, 5. [ 8.4.2.3, 4.32, AciditionaJ Time, ClaUns for ............. 4.3.6, 43.8, 4.3,9, 8.3.2 CapitaiLzaUon ....................................... 1.4 Certfflcat~ for Payment ....... 4.2.5.4.2.9.9.3.3, 9.4, 9.5, 9.6.1, 9.6.~, 9.7.1.9.8.3, 9. I0. I. 9.i0,3, 13.7, [4.1.1.3. [4.3.4 7. I, 7.~, 7.3.2. 8.3.1, 9.3.1.I, 9. i0.3, 11.3.1.2. C~nge~ ........................................... 7.1- CHANGES IN THE WORK .... 3.11.4.2.8.7, 8.3.1.9.3~ 1.I, 10.1.3 Cla~m. O~flniflon o f .......................... 4.3.1 Claims and Disarms ............... 4.:1, 4.-~. 4.5.6.2.5, 8.3.2. Claims anti Tlmely Assertion of Claims ............... Claims ~ar Add~onal Cost ........ 4.36. 4.3.7, -L3.9, 6. I. 1, I0.3 CMims for Additional Time ............ 4.3.6. 4.3.8, 4.3.9.8.3.2 C1aimsforConceeledorUnknownCondiflons ......... 4.3.6 Cleaning Up ............................... COMPLETION, PAYMENTS AND ........... 9 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTOR~ ............................. 1.1.4,8 Confln!geflt A~gnment of Subcontracts ............. 5.4 CONTRACT, TERMINATION OR SUSPCO~SION OF THE ............ 4.3.7,5,4.1.i.14 Contract Documents, The 1.1, 1.2.7 Con.act Sum ......... 38.4.36. ~.3.7.4.-+,4. 5.2.3. 2 A2.01-1987 CONTRACTOR ............................. 3 Contractor s Bid ............................ t.l.i Contractor' s C~nstmctlan Sch~iules ........ 3.10, ~.L.3 Con~ractor's I ~at~fllt¥ Insuran~ ..................... 11.1 c~nlm; and Patct~ing 3.14, 6.2.6 Eme~Jencies ........................ 4.3.7, 10.3 3.8.2. 3.[2.3, 3.'.2.7, 3.12. il, 3.13, 3.I5.I. 4.2.7. 3.5,1. 4.2.2. 4.2.3, t.3.4, t.3.8. 6.2.2. 71.3, 73.9, $.2. 8.3, 9.5, 99.1, t0.2, I-i.2, I-~.3 A201-1987 3 4.3.3, 4.3.4,4.3.6, 4.3.9, 4.5.4,2, 5.2.t. 5.2.3, 6.2.4. 7.3.4, 7.4, 3.15.I, 4.2.1, 4.2.1 I. 4.3.4.4.4.5, 5.3.5.4. 7.3.5, 7.3.9, 8.2. 9.2.9.3.1.9.3.3, 9,4,1, 96.1, 9.7, 9.8.2. 9,10.2, 11.I.3~ I1.3.6. I.o~ of Use Insurance ..................... 11 3 I2.2, 3.12.3. 3.12.7.3.i2.II,315, 3.15.1, ~.2.-, 6.2.1. OWNER .................. 2 4 A201-1987 Rules and Notices for Arbitration ............. 4.5.2 Safety of Pemons and Property 10.2 SafeW Precaut~on~ and Programs ........ 4.2.3.4.2.?, 10.1 Sample. Definition of ........................ 3,12.3 Suspension by the Owner for Convenience ............ 14.3 Termination I~y the Owner tot Cause ........... $.4.I.1,14.2 TERMINATION OR SUI~PEN$1ON OF THE CONTRACT ..... 14 TIME ............................................... 8 Time Limits on Claims ..... 4.3.2, 4.a.a, 4.3.6. 4.3.9, 4.4. 4.5 Uncovering of Work ............... 12.1 Values, $chedute of 9.2. 93 1 When Art~itration May Be Demanded ...... 4.5.4 A201-1987 5 GENER.kL CONDITIONS OF THE CONTI:L~.CT FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEz-'"iNITIONS 1.1.1 THE CONTRACT DOCUMENTS Owner and Contractor (hcre'am.~er the Agremmen0, Conditions of the Conmact (General, Supplementary md other Condiuons), Dr-awmgs, Spec~cauons, addend~ ~.~ed prior ~o execuuon of the Contract. other documenm Ibted in the agreement and Mocthqcations issued after execuuon of the Contract. A Moditl- cation is (t) a written amendment to the Contract signed by both parues. (2~, a C,hange Order, (3) a Construction Change Directive or.(4~ .~ '~,-nt~en order for a minor ch:age Ln the Work ~ssued by the Arc,hitect. Udie~ specifically enumerated in the Agreement. the Conr. mct Documents do not mdude o~er documents such as bidding requirements (advernsemenr or Contractor's BiO. or portions of addenda re~nng to biO.dLrlg tmc: may he =.mended or moCifled only by a Modlflc:r'on. The Contact Doc,..Lments sh~ not be construed to create a conr~"ac- mai re!ationsnip of any kmd / l) between me .{rchi[ec: md Con- 1.1.3 THE WORK The term "Work' me.m~ r~e construcuon :md se?.,ices required by the Contract Documents. whether completed or pa.,'~m, lly compie[ed. :md includes ali other b. bor, materials. equipment :md services pmvio.ed or to be provio.ed by the Contractor to ~ultlll the Contractor's ob[igo, nons. The Work 1.1.5 THE ~RAWlNGS T~he Dawing5 ~e '-~e graphic :md p~ctorm] portion5 of the Con- the Work, :[nd performance of related services. 1.1.7 THE PROJECT MANUAL The Profect Manual is thc volume us. may a.s~-:riblcd for the Work which may include the bidding requirements, sample forms. Conctitio~ of the Conr. ra~ and Specfications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Con,ct Documents shall be signed by the Owner ma Contractor ~ provided in the A~ent. If :=mcr the Owner or Contractor or both do not s~gn ali ',.he Contract Docuraents, the .-~chitec: sl-m~ identify, such unsigned Donut merits upon request. ~.2.2 Execution of the Contract by me Contractor is a repre- senmuon d-mt me Conu"actor has visited the site. become farmi- Jar ~,'ith local condidons under ~hich the Worn is to be per- formed and corrected personal oPservations with require- merits of the Conramct Doctu'nents. ~.2.3 The intent of me Contact Docume_qts is to include all items necessary for the proper execution ano. compleaon of the Work ~y me Contractor. The Conrz=ct Documents :u'e comple- menrm"v. :md waat is requu'ed ~y one shall be as hmo.lng as if required by all: peffommmnce by ~e Contractor shall be required only ~o ~he extent consistent with the Contract Docu- ments and renscrmDly inferable rYom them as bemg necessary to {=roduc= the w, tended r~iults. 1.,2.40g:miz~uon of :.he Specifications ina divisions, sections and ::.rncles. :md :,rr. mgemens o~ Dmwmgs shall not con~rdi the Contractor in dividirlg the Work m'nong Subcontractors or in estabiishm$ the e.'~enz of Work to be performed by my Lrade. 1.2.$ Unless ome:-wt~e sated an d~e Conu'=ct Documents. wor~ which have weft-known technic~ or construction indus- tO' me:mmg~ xe used in the Contract Documents in accorO.- ~nce wit.h such recognized memmngs. 1.3 OWNERSHIP ANn USE {31= ARCHITECT'S DRAWINGS, BPEC~FtC, ATIONS AND OTHER 1.3,1 Th= Dmwin~. SpeC.~c=aons ~O. other O.oOm'ncnts pre~=.red by th~ .~c.hitect are ~trurnents of the .M'chitect's se~qc: through .-vhicin the Work to be executed by ~e Con- mac=or is desenbed. The Contractor may ream one contract recorO, set. Neither the Contractor nor my Subcontractor. Sub- subcontractor or rrmtenal or equipment supplier snail own or c!aim a copyng, nt in the Dmwmgs. Specifications and other documents pre,arco, by the Architect. and unless other.~'me [ndiccted the ArCmtecr shall be ~c'~mcd the author of them and w~lI reram ali common [aw. s~arumo' and other re. ser.'ed rights. ~n ad. diuon to me copyright..~1 copies of them. except ~he Contractor's renard set. shml be ~mmed or suit::Dly ;ccounteo (or to the .~-chiteet. on request, upon compleuon of the Work. TNe Drawmgs. Specifications mo. other documents prepared Dy the Architect md copies th~eof rhmmhed ~O me Contr'ac tot. are for ,.me sdieiy ~.itn respect ro th~ Proie~. ~o ~e used by :he Contractor or any Bubconu-:ctor. Sub- subcontractor or m=ten:~ or e~mpment supplier on other pm1- ~ A201-198'7 a~d mater~l or equipment supol~ers are granted a limked license tn u~e and r~r~uce app~ble ~o~ of ~e ~, Spec~ca~o~ ~d o~er doc~enm pr~ed by me ~itec: approp~te to ~d for ~e ~ ~e exe~uon of ~e~ Work under ~e Contact ~c~=..~ copi~ made ~der th~ liceme s~ b~ the s~to~ cop~t no,ce, shown on ~e Dmw~, Spec~uo~ md o~ do~ prepped by ~e M~tecL Sub~t~ or ~mbu~on to meet offic~ r~to~ req~eme~u or for o~er p~ns~ ~ con- n~zion wi~ ~ Proje~ N not to be com~ = pubfi~don m dero~tion of ~e .g~itect's copyd~t or other ri~m. 1.4 CAP~ON 1.4.1 T¢~ ~i~¢d ~ ~ ~¢n¢~ ~on~dO~ tho~ ~hJ~ =¢ (U SP~y dotted, (2) ~ ~d~ of ber~ ~Jd~ ~d ~dcn~¢d c=~¢=enc~ ~o P~, Subp~- documen~ pub~hed by ~e .~edc~ [~tim(e of 1.5 INT~PR~AT1ON 1.5.1 tn the inter~[ of brevity ~e Contract ~m quemly omit modi~-ing wor~ such = "~" md "~y" ~d ~i- ARTICLE 2 OWNER 2.1.1 The Owner ks thc person or cnurs' identified as such in Documents as if singdiar in number. The ~e.,':m "Owner' me':m.s which the Project ks located, u~uaJly referred to as the site, :md Agreement and, within five days ~fter any change, information 2.2 INFORMATION AND SF~qVICES REQUIRED OF THE OWNER 2.2.1 The Owner shmLl, at the request of the Contractor, prior [o execution of the Agreement and promptly from time ro tune there-.dter, furnksh to the Contractor reg. sonable evidence that finarlci',ll arrangements have been made to fi~lfill the Owners of permanent struct~r(~ or i'or permanent changes in e.-cmting facilities. be Mrmshed by the Owner w~th re':Lsonablc promptness to avoid delay tn ordedy progress of the Work. 2.2.5 Unless othC'cwtse provided in the Contract Documents, the Contractor will be barnlshcd, free of charge. ~-uch copies of Drawings and Project ManuaJ~ as are reasonably necessary for execution of the Work. 2.2.S The foregoing are in addition to other duties and r~pon- sibilities of the Owner enumesated hereto and espec'~.i~y those in respec~ to :Wticle 6 (Construction by Owner or by Separate Contractors}, Artidie 9 (Payments and Completion) and .-Xrudie l [ (In~rance and Bond.s). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor CmN to correc~ Work which L~ not in accordance with the requU'emcnts of thc Contract Documents as required by Paragraph 12.2 or pers,~tendy fails to ~ OUt Work tn accordance with the Conu'ac~ Docian'le,qts, the O,wner, by wdnen order signed personsily or by :m agent spec-,fically so empowered by the Owner in wrking, may order the Contrac- tor to stop tne Work, or any poraon thereof, until tne cause for such order has been eliminated: however, tne dght of the Owner to stop the Work shall not g:ve nsc to a duty on the part of the Owner to exerctse tn~ nght for the benel'it of the Con- m~ctor or any other person or entity, except to the extent required by Subpa.rsg~ph 6.!.3. 2.4 OWNER'S RIGHT TO CA,qRY OUT THE WORK 2.4.1 If the Contractor de~uits or neglects ~o carry out the Work tn accordance with tne Contract Documents and within a seven-day penod alter receipt of v,-r~t;en notice from the Owner to commence md continue correction of such de£auk or negJect with diligence and promptnc~, the Owner may ~er such seven-day penud gwe the Contractor a seoond written notice to correct such deficienc:es wimm a second seven-day per,od. If the Cont~c~or within such second seven- Change Order shall be tssued deduc'dng from payments then or se~ices and e.xpense:i rrmde necessary by such de.~ault. ARTICLE 3 3.1 CONTRACTOR DEr'tNfTION A201 -lg87 7 3.2 REVIEW OF CONTRACt'. DOCUMENTS AND FIELD CONDmON$ BY CONTRACTOR 3.2.1 The Contractor sh:~[l ~c~re~lly study ~d comp~e ~mmhed by the Owner purser to Subpm~ph 2.2.2 md m~ knowm~y f~ed ~o repo~ it ~o ~e .gchite~. [f ~e Con- tot sa~ ~ume appropmte r~po~ib~ty for sua~ perfor- m~ce md sh~ b~ mappropnate ~o~t of ~e atmbumble a.2.2 The Contractor sh~l t~e ~letd m~r~enm md Held con~do~ md s~ c~e~y comp~ su~ field a.2,~ The Contractor sh~l pe~o~ ~e Work in accor~ce s~t to Prograph 3 ~2. 3.~,4 The Contractor shall be r~p(}nstbl~ for insp~tion of pot- materiats md equipment fum~hed under the Concnct w~l be or' good quality md new unless otherwise required or perm~[- 3.6 TAXES 3,6.1 The Contractor shall pay sales, cormumer, use and similar. 3.8 AllOWANCES 3.8.1 Thc Contractor shall include in the C~mtract Sum all a A201-1987 the Contract Sum shall be adjusted accordingly by Change Order. The umount of ~e Chmge Order ~owmc~ under C~c ~.8.2.2 md (2) chmg~ in Contmctor'~ cos~ under Cia~e 3.9 SUP~IN~DENT Project sim dunn8 per/o~mcc of ~e Wo~. ~e ~pednten- m8. O~r communications sh~ be s~i~ty conH~ on 3.10 CONTRA~OR'S CON~UCTION ~C~U~ 3.10.1 ~n~ Contractor. prompdy ;~cr b~in~ :w~a~ [h~ Con- ~ch~duics. uct Data. 5~ples ~d iimll~ r~quired submitS. Thee i~ subject :o the !imitations oi Subpara.~'aph 4.2.7. 3.12.5 The Contractor shall r~,iew, approve md submit co archir~r 5hop Dmwm~, Product D=m. 5~ples md aubmitt~ ~quired by ~e Contact Do~amen~ wl~ m~on- 3.12.6 ~e Contm~or sh~ per/o~ no pomon (ff ~he Work t~ h~ b~n approved by me Mchitect. Such Work sh~l be 3.12.7 By approving md submitting Shop Drawing. Product 3.12.8 ~e Contractor sh~ not be mflc'.'ed of relieved oi :~p~msibiiity for zm)rs ~r om~stons ~n Shop 3.13 USE OF 3.14.1 The Contractor shall be resp(>n~b[c Mr cumng. 3.14.2 ~ne ,:cnrmcror sh~l not ~ge ::r en~nge: u pon:on A201-1987 9 not be unre-~sormbly withheld. Thc Contractor shail not unrc-a- ~.1~ ~NING UP 3.15.1 The Commcror s~l ke~ ~e pr~ ~d ~d- mg ~ fr:: from ac~o~ of w=~e mate~ or mbb~h ~ed by opemdo~ ~der ~e Contmm. a~ completion Work the Consmmor ~h~ r~ove ~om md about ~e Pro~ equipment, m~me~ md su~lm m[e~. a.ls.2 ~ the Conmacror ~ to d~ up = pmvid~ thereof sh~ be ~ed to ~e Commcmr. 3.16 ACC~S TO WORK ~.16,1 The Contractor sh~ provide ~e Owner md 3.17 ~OYAL~ES ~D ].17.1 The Conmacror sh~ pay ~ ~y~ md ~ce~ The Commcror sh~ defend sulm or c~ for ~g~t of patent d~ md sh~ hold due Owner md ,gchir~t such de/e~e or lo~ when a ~mc~ dmso. proc=s or inf~ngemen[ of a patent. ~e Contac:or sh~l be r~po~ibie for 3.18 INDEMNI~CA~ON a.18.1 To me ~n~ ~[en[ pe~i[te~ by taw. the Contractor sh~ mdemnl~ md hold h~l~ ~e Owner..gc~ltec:, lng but not l~i[ed to attorneys' ~. rasing ou[ o~ or r~tmg from perfo~c: o( the Work, provided ~a[ such c~. age. toss or expend ~ a[t~bumble ~o bo~y injuo', sic~. dN~e or d~th, or ro inluO' ro or dmt~cdon o~ ~ble prop- e=y (other th~ ~e Work imei~ including 1o~ of ~e r~ulting ~yone dirtily or ~recfly employed by ~em or myone for whose acm ~ey may be ~ble. ~ o~ whe~er or not ~uch cl~, ~age. Ios~ or expe~ ~ card in pm by a pa~ indemnl~ed hereunder. Su~ obli~tion sh~ not be cons~ed to nerve, abridge, or reduce other n~m or ob~no~ o~ described ~ :bm Prograph 3.18. 3.1B,2 tn c~ms a~ my ~=on or enuty inde~ified under this Pam~ph 5.18 by m ~pioy~ of due Commcror. a tion obii~non under ~m Pmg~ph 3.18 sh~l not be l~i[ed by a.18.3 ~e obli~[io~ o~ ~c Contmcor under m= 5 18 sh~ not ~=~ ~o ~e [~0~m of ~e .g~t~. tec='s consultants, and agents and e_,'nptoye~ of any of duem arising out of (1) due preparation or approv~ of maps, drawings, opiruons, reports, surveys. Change Orders, dmigns or specific=- tions, or (2) the giving of or due failure to g/ye directaons or instructions by the Aa'chitec:, the .-'a,c:'ucect's consultants, and agents and employe~ o~ my of them provided, such giving or fnilure to give is thc pm'nary cruse of r. he iniury or ciamagc. ARTICLE ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The A~chitect is the person ~.wfuily licensed to pr'ac,,.ice architecture, or an enuty law0.~ly pmcuc, ng zrchitccmre iden- u~ed ms such ~n the Agre,-._ment md is re/erred to throughout the Contract Documents as if singular in number. The term representative. 4.1.2 Duties, responsibilities and li.mimdons of authority, o~: the Architect ~ set forth tn the Contract Documents shall not be sonabiy withheld. 4.1.3 in case of terminauon of cmpio:'m, ent oil the .~rchitect. 4.1.4 Disputes arising ,:ruder 5ubpam~'-aphs .~.I.2 md OF THE CONTRACT 4.2.1 The .~chitect w,il provide .~dmm~smation of the Contract 0.s described in the Contmc~ Document.ts. md wit De the Owner's representative (t) during consu'ucuon, payment is due and (5) with the Owner s concurrenc:. [rom graph I2.2. The Architect wdl advise :md consult with the the stage of construe=ion m Decome g~-nerally familiar with the proD'exs and qu:d.i[y of the completed Work :md to determine in gener:d if the Work is Demg pcrformeci Lq a manner thdi~r- lng that [he Work, when completed, wdi De in accord:mc= with to check quality or qtmnt/ty of the Work. On the basks of on- Owner informed of progress o[ the Work. :md will enC~vor ro 4.2.3 The :%rchitecr ~vill not have control over or thru'ge of.:nd sdie!y the Contractor's responsibilih'y :.s provtdeo. ,.n ?m'-.4raph 10 A201-1987 other persons pcrformm~ portions of the Work. 4.2.4 ~mmuni~flo~ Facill~ng ~ Adminis~ sep~[e con~ctom s~ be ~u~ ~c O~er. 4.2.5 B~ed on me .~hit~'s ob~ao~ ~d ~tiom of the Contmcor's App~om for Parrot, ~e .~c~it~ ~ .~itect co.idem ~[ nec~ or a~le ~or ~pl~enm- Work m accor~ce wt[~ 5ubp~p~ 13.5.2 md 15.5.3, suppliem, the= aS~q~ or employs, or om~ gemom R~phs 3.3, 3.5 md 3.12. The .~chit~'s review s~ not out thc A.rchitect'$ responsibilities at me site. The duties, respon.sibtLities md limitations of authohty of such pro{err representatives shall be as set forth in an ex. hibit to be incorpo- rated in me Cotnmct Documents, 4.2.11 The .gchitcct will interpret :md de.de matters concern- ing performance under and requirements of the Contract Documents on wrmen request of eh. her the Owner or Contrac- tor. The .~rchitecc's response to such requests wiil be made with rmsormble promptness and within any time Emits agreed upon, if no agreement ks made concerning the me within which interpretations required of the Architect shail be bar- rushed in compliance with tl'~ Paragraph 4.2, then deny shall not be recogmzed on account of failure by the .~chitect to fur- nksh such tnterpremnons unrai 15 days a~er written request ks made for mem. 4.2.12 Lnterpremtions and ded. sions of the .,~'chitec~ will be consistent with the intent of and reusormbly inferable from the Contract Documents and w~ll be in writing or in the form of drawings. When malting sucre interpretations and decisions, the Architect wQl end<vor to secure faithfial performance by bom Owner and Contramor. will not show pamaiity to either :md w.al not he liable for results of interprerations or dec:sinns so rendered in good faith. 4.2.13 The .M'chitect's decisions on matter~ reiating to aesthenc effect w~U be t'mai ff consistent with the intent ex'pressed in the Contract Document~. 4,3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim ks a demand or assemon by one of :he pm-ties seeking, s.s a matter of right, adjustment or inte.-pre- ration of Contrac: teems, payment of money, extens:on of time or other .'e~ef -;vtth respect to the terms of the Contract. term -CL~m ' also includes other disputes and matters in ques- tion Between the Owner :md Contractor arising out of or relat- ing to the Contract. Clmm.s must Be made By written notice. The responsibility to substantiate Claims shall rest with the pm'ty m~ing the C:au'n. 4.3.2. Decision of A~hitec,t Clan'ns, including those aJtegmg an error or omiss,on by the .-U'chitec~, shall Be referred initi~y ;o the .-krchitecr for action as provided in Pmmgr'aph 4.-*. A deci- sion by the .~chitect. as provided in Subparagraph 4.4.-L shall be reqt.ured as a condition precedent to arbitration or liti~tion of a Clmm between the Contractor :md Owner as to ~ such matters an.sing prior to the date tinai payment is due, regardless of(l) whether such manet's relate to execution and progress of me Work or (2) me extent to which the Work has been com- pleted. T'ne decision by ',he .~'chitect in response to a Claim shaJI not be a condition prec¢dent to arbitration or Iitigauon in the event (I) the position of ,~'chit ect ks yarn_at. (2) thc .~'chitect has not received e','idence or has fmled to render a decision within agreed time limits, (3) the ,-',a'chitect has fmted to rake acuon required uncler Subparagraph 4.4.4 within 30 days after the Clmm ~s made. (% -~5 days have passed ai%r the Claam has bern referred :o the Architect or (5) dqe Claim relates ~o a mechanic s tien. 4.3.3 Time llmi~ on Claims. CDams by either party mu.st be made within 21 days a~er occurrence of the event gwing r~e to such Clgarn or within 21 days ~ter the ctaunant tirst ~ecogmzes the con~tinn giving rise :o the Clmm. w~ichever is later. C!mms A201-1987 11 4.3.4 Continuing Contract Performance. Pendin$ ~nal ,'~o- [ution of = C1mm indudin$ arbitra~on, unle.~ otherwtse agreed 4.3.5 Waiver of CIaims: Final Payment. The mai(inS o~' final 4.3.6 C~aims for Concealed or Unknown Conditions. [f con- di£ion5 are encountered at the site which are (i) subsur~ce or dy from those indicated in the Contract Documents or (2) emergency end:mgenng life or property arising unaer Para- Contract by the Owner. (6) Owners suspension or /-) other 4.3.8 Claims for Adtfit~onai Time period of ca'ne and could not have been reasonably anticipated. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or prope:'rv be~ttse of an act or ommsion of the other party, of any of rn~: other pactT's employees or agents, or of others for whose acts suc~q pm-r5' ks leg:flly ~ble. written notice of such iniury or party within :t reasonable time not exceeding 21 days after first observance. The notice shall provide ~uflicient detml to enabte the other parry to investigate the matter. If a C/mm ~'br addi- tional cost or tLrne re,ted to this Claun is to be ~serted. it s~.ail be filed ~ provided in Suhpamgaaphs 4.3.7 or 4.3.8. the r'ollowing prelh-ninaO. acnons within ten clays of receipt of a Clmm: (I) request addiuonai suppor'an$ data from the dmmant. (2) submit a schedule to the partie~ indicating when the .~'chi- tect expects to t=Re action. (3) reiect :he Claim in v,'hdie or tn part. stating re-,_son.5 for reiection. (~) recommend approv~ of the Clmm oy the other parry or (5) suggest a compromise. The 3.rc.~itect may' also. but ks not obligated to. notil5, the sure,',:', if 4.4.~. [fa Claum -has been re~olved, the Architect will prepare or 4.4.3 if .~ Claim h= not been resolved, the par~3- m~ing :he CD. wn s,~atl, within ten days after the -,,xci'~itect's preliminary additional suppamng data requested by the Architect. (2) modify ~e initial Clmm or (3) noti~,,' the Architec~ that the initial CLmm stands. 4.5.1 Contr~vemies and Claims $~bject to Attfitration. Any 12 A201-1987 4.5.2 Rules and Notices for A~itration. Clamm between the Owner and Contracl:or not resolved under P0x-agraph 4.4 shall, it' subject to a~bin'anon under Subpa-agmph 45.1, be decided by ~bitmuon in ~ccord:Lnce widu the Couscruction Industry .~zbitmtion Rules of [he Ammican Al-bitradon .~ss~c~.don cur- rendy in effect, unless thc p~'ues mutually agree otherwise. Notice of dcrn~md for azbitmdon shall be Hied in wdting with the other pm-ty to the Agreement between the Owner and Con- tractor ;md with the :kmcric;m .-krbiwation _-kssoci~tion, and a copy shall be t-ilcd with the Mchitect. 4.5.3 Contract Performance During Arbitration. Dudng arbi- tration proceedings, thc Owner lnd Contractor sltlll comply with Subpmmgraph 4.3.4. 4,5.4 When Arbitration May Be Demanded. Dcm:md for asbi* tration of any Cinch m2y not be rrmde un[,) the ~':ariler of(I} the c~tc on which the Architect has r~nclcred a ~ written deci- sion on the Claim, (2) the tenth d~ly a~cr thc pm-ties have pre- oppominity to do so, if the Azchitect has not rendered a Hnal wnrtcn dec'sion by that crate, or (3) any of the Hvc events d~cribed in Subpara~zaph 4.3.2. 4.5.4.1 ~x/hen a written decision of the ,~chitect sates ti'mt (1) the decision is final but subiec', to arbitration and (2} a demand for arbitration of a Claim covered by such decision must be made within 30 cb. ys atier the date on which the party making demand arbitration within smd 30 d~ly$' period shall result in the Architect's decision becoming Hn:il and ~inding upon thc 4,5.4.2 A demand for ari~iwation shall be made within ~he time limits specitied in Subparagraphs -i.5.1 and 4.54 and Clause e.54. i ms applicable, and in other cases witnln a t'essonahle 1.5.5 Limitation on Coesolidatinn or Jo{haler. No arbitration 4.5.6 Claims and Timely Assertion of Claims. A par~- who files a notice of demand for arbit~tion must lssea in the demand ~ Claims men known to that pray on which ~rb~tra- tion is permitted to be demanded. When a pal'W ~ to include a Claim through ove,-'sigi~t, inadve.,'rence or excusable neglect, or when a Claim has mavured or been acquired subsequently. the m'bitrator or arbitrators may pen'nit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final. :md judgment may be entered upon ~t in accorciance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a dire~t contract with the Contractor to perform a pomon of the Work at the site. The term "Subcontractor" is re/erred ro ~hroCtghout the Contrucr Documents as if ~ingul~ in number and me-ins a Subcontractor or an authorized representative of the Subcon- tractor. Thc term "Subcontractor" d()es not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor LS a pe,-'son or entity ~'ho has a direct or redirect contmc~ with a Subcontractor co perform a pomon of the Work at the site. The term "Sub-subcontractor" is referred to ~rou~qout :he Contract D()cuments :is if singular 5.2 AWARD CF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.3 [f r~e Owner or Archi[ec~ h~ r~:.5on:abie oOiccnon in ~ A201-1987 13 SU BCONTRACTLIAL REi..ATION$ 5.3,1 By appropriate agreement, written where leg:flly reqtm~d for v~idity, the Contractor shall require ~ch Subcontractor, to the ~-xtent of the Work to be performed by the Subconb"ac~or, to be bound to the Contractor by te.q'ns or. the Contnct Docu- menu, and to zssumc coward the Contractor all the obligutions and responsibilities which thc Contr'amor. by throe Docu- menu, a..ssumes toward the Owner and Archirect. Each_ subcon- tract agreement shaft pre~erv¢ and protec:.~ the debts or' the Owner and Architect under the Contract Documenu with respect to the Work to be performed by the Subcontractor so that subcontracting thereof wLIl not preiud.ice such righu, and shaft allow to the Subcontractor, unless specifically provided otherVnse in the subcontract agreerneot, the benefit of all tractor tn wntmg; and ,2, assignment ,ts subje~ ~o the prior nglnu of the sure~., ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 5.1 OWNER'S RIGHT TO PE~RFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACT~ 5.1.1 The Owner reserves the ~.~D.t to perform construcnon or operations related to the Proiec ~,im the Owner's own forces. and [o award separate contacts in cormecuon with other por- tions of the Project or other construction or operations on the site under Conditions of the Contact idenuc-:A or suPstanuaily 6.1.3 The Owner shaft provide for coorclinauon of the activi- ties or. the Owner's own forces and of ach sep;u-ate contramor with the Work of the Contractor, who shall cooperate with them. The Contractor shaft pamcipate with other separate con- tractors and the Owner in reviewing the/r construction sched- ules when directed to do so. Thc Contractor sh~! make any revisions Io the construction schedule and Contract Sur~ deemed nece.-~ar7 after a joint renew and mutual agreement. The construction schedules shaft then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents. when thc Owner performs construction or operations re,red to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same oblig:l~/ons and Io have the same nghts which apply to the Contractor under the Condi- tions of the Contrac% inducting, without excluding others, those sated in .~'tide 3. thus Amde 6 and .-Laicles 10, and I2. 6.2 MUTUAL RESPON$.IBIU'i'Y 6.2.1 The Contractor shall afford [he Owner and separate con- tractors te'0tsonabie opportunity for introdocrion and storage of their maredal~ and equipment and pc.qormanc: of theiz ac'dvi- ties and shaft connect and coordinate the Contactor's con- strocraon and opearion.s with theirs as required by the Contract DocuiTienu. 6.1.2 If par~ or' the Contacror's Work depend~ for proper execution or tesulu upon construcJon or opemuons by the Owner or :~ separate contractor, the Contac~or shaft, prior :o proceeding .-vtth that pomon of the Work, promptly report co the .~chitec: apparent discrepanc;es or defects in such other construcnon 0mit would render it unsuitable for such proper exeo~tion and results. F~ilurc of the Contractor so to repo~ shall consurute an adcqowledgmenr that the Owners or sepa- rate contractors' completed or partiafly completed construction ts fit and proper ~o fete:ye the Contactor'$ Work. except as io defects not then reasonably discoverable. 5.2.3 Costs ~used by dc!ays or by improperly timed achvines ~le therefor. 6.2.4 The Contactor sh~li prompdy remedy damage wrong- Mlly caused by the Contractor ~o completed or pamally com- pleted construction or to property or. the Owner or separate contactors as provided in Suhpamgaph ~0.2.5. 6.2.5 clamas and other disputes and macrers in question iec[ eo the provisions of Paragraph 4.3 provided [he sepa_,-~te 6.2.$ The Owner and each separate contac;or shall have the 6,3 OWNER'S RIGHT TO CLEAN UP 8.3.1 [fa dispute arises among thc Contactor. separate con- lng ~ free. from waste materials aha rubbish a5 describecl ~ Prograph 3, I5, the Ovener my ~e=n up and =florae the cost 14 A201-1987 ART1CLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in thc Work may be accomplished a~ter ~,mcu- tion of the Con[mc:, and without unv:flJcLatmg the Con~. by Ch~g¢ Order, Co~tmction Ch~g¢ Direc~v¢ or order for a minor ch~ge m ~e Work, subject to ~e limitaooom sm[ed in 7.~.2 A Ch~ge Offier s~ be b~ed upon a~e~enr ~ong Directive req~m a~e~enr by ~e Omer md .~chirect md may or may not be a~e~ rd by the Conmctor; m order flor a minor ~ge m ~e Work may be ~ued by ~e .~itect T.I.~ Chmgm ~ ~he Work 5h~ Oe perfumed under appli- rot sh~l proceed promptly, unless othe~me provi~ ~ the Chmge Order, Comr~ction Chute Direcnve or order flor a minor chute in the Work. 7.1.4 ~f unit p~c~ ~e stared in the Con[tact Do~en~ or su~sequendy a~d upon, md if quinces o~g~y con- templated ~e so chmged in a proposed Chmge Or~r or Con- rd qu~titi~ of Work proposed w~l came subsmn~ inequi~ equitaOly a¢imre~. [mcr T~e being adjured accordin~y .3 cost [o be determined in a re:runes agreed upon by the parties and a mutually acceptable fi-xed or percent- age tee: or .4 as provided m Subparagraph 73.6. 7.21.4, Upon recap[ of a Construction Change Direcnve, the Contractor shall prompdy proceed with the change in Work involved and adv~¢ thc Architect o~ the Contractor's agre-.znent or disagree_men[ with the method, if any, provided in the Construcuon Change Directive flor dc[ping the pro- posed adiustment m the Contract Sum or Contract Time. 7.11.5 A Construction Change Direcnve signed by the Contrac- tor indicates the agremmen[ of the Contractor therewith, includ- ing adjusranent in Contract Sum and Contract Time or the method for determmthg them. Such agreement shall be effec- tive mediately and shall be recorded as a Change Order. 7.11.8 If the Contractor does not respond promptly or d~agre~ with the method for adiustmenr in ~e Contract Sm, tt3e method and [Bp adiusrment shall be dp[em'tined by the rect on the Basts or' te:tsonable expenditures and savings of those performing the Work atmbutab[¢ [o the change, inctud- ung, in case of an increase m the Contract Sum. a re'asonable allowance for dye[hood and. profit. In such case. and also under Clause 7 53.3, the Contractor shall k~.p and present, in such thcs Subparagraph -.3,6 sh~I be ~'nitc'~ rd the following: .1 costs of !abut. including soc..'~ secant¥, old age and unempluyment insurance, :'nnge benefits required by 7.3.7 Pending an-al dctprminauon of cost to the Owner. amounts not tn dispute may be included in Applications for firmed by thc Architect. When both addinons and trod/ts adjustment in Contract Time or the me'hud Rjr determining :t. non of an approprmte C. "-~nge Order. A;?.01-1987 15 7.4 MINOR CHANGES IN THF_ WORK 7.4.1 The Arc_hitec= wdl have emconW to order minor caanges in the Work not involving adiustment m me Contract Sum or e~ension of ine Contract Time and not inconsistent with the intent of ine Contract Documents. Such changes shall be effected by wP~nen order :md shall be binding on Ihe Owner :md Contractor. The ContracTor sh:~ c-art7 out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided. Contrac~ Time Ls ine p~riod of time, including authorized adjustments, allotted in the Con- tract Documents for Substmlti=J Completion of ine Work. 8.1.2 The date of commencement of die Work i.s the date established in t~e 3-greement. The dace shall rmt be pnscponed A RTIC/..~ 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.2.1 Before ~e tlrst Applic2tion ~'or P2ymcnt. thc Contractor ,;:mons por'~ions of the Work. prepared in such tbrm and sup- shaft be mxanzed, if required. :md supported by such data 16 A2.01-1987 i£chitecCs re~ons for wi[bboiding ce:zification ~n whole p~ ~ p~ovidCd ~ Subp~ph 9.~,1. ~.~.2 T~e ~c~ o~ a Cemficate for Paym~t w~ co~ticute .~chitect's obse~atio~ at ~e si~e ~d ~e ~m comping App~c~tiog for Payment. ch~t th~ ~or~ h~ pro~¢d to edge, ~fo~a~iofl ~d he,cf, q~ of ~c ~ork ~ ~ accor- ~ce wi[h the Contract Do~. ~e for~om~ w~ ~¢ Contmm ~ upon Subs~ Completion, ~d co spcc~c q~cado~ axpr~d by m~ .~chitect. m~, memo~, technique, s~qu~c~ or p~c~dur~. 5um. u~abie ~o ceruly puymen~ in the ~uun[ of ~he appiicantm. tony nu~iN the whnie or a ~ of a Cemficaze ~or ~ymen~ trig probable r'ding of suct'~ c'mim~: tiquidated clamagm t'or the antic:pa:ed cid',v: or 9.5.2 When tP.e above reasons for withholding cc,qi~catiofl 2r.e withheld. pROGRE~ PAYM~ 9.6.1 ~er ~e ~chitec[ ~ ~ucd a Cc~ifica[e tot Payment. · e Owner sh~ m~e payment m ~e m~er md wi~in ~e t~e provided ~ ~e Con,ct ~en~. md sh~ so noti~' ~.8.2 ~e Contractor s~ pmmpdy pay m~h Subcontractor. tion of ~e Wor~. the ~o~t m whi~ ~d Subcont~c~or ~ ~qnfl~. ~fl~g percmmgm ac~iy re--ed from paten= ~o ~e Contractor on accost of suc~ Subcon~c~or's pomon of c~e WorR. ~e Commc=or s~. by =ppropfin~e a~men~ ~.8.3 The M~it~t w~. on requm~, ~mm~ co a Subcontrac- tor. ff practicable. ~o~on ~ding ~rcen~g~ of com- ple~ion or ~o~ appii~ for by ~e Contractor md action ~.~.g Nei~er ~e Owner nor Mc~itec~ s~ ~ve m o~ligation s~ c~ t~at proviged in Subpan~p~ 9.6.2.9.6.3 ~ 9.6.~. ~.8.8 A Cem~e for Pa~enL a progre~ paymenc or p~i~ ext~e~ appropriately m~ t~e Con,mc: Sum s~ ~e 9.8 SU~TAN~AL ~MP~ON 9.8.1 Subst~ti~ Compleuon ~ ~e stage in the progr~s of the A201-1987 17 noted port,on ~ereof ks sut:~tantlally complele. If the with the requirements of the Contraa Docurnem.s. ~e Contrac- tor shall, before issuance of the Ce~flcate of Substamial. Corn- Architect, The Conrxactor shall then submit a request for another inspection by the 3.rchitect to determine $ut~tantLal Completion. When the Work or designated pomon the.~.-of substantmily complete, the Acc. hitecr ~ prepare a C~mficate of Substzmdal Completion whicta shall establish the date stantial Compleraon, shall esr. a~lish responsibilities of the Owner md Contractor for seoan~, mmnrenance, heat. utdities. dm'nape to the Wor~ and i~uca~ce, and shall ~lX the time withth which the Con~ctor shall fimsh all items on the accompanying the Cerxi~cate. Warranties required by the Con- Completion of the Work or designated por'don thereof oMerwise provided in the Ce:*di~cate of Substanual Comple- iion. The Certificate of $ubsta~tml Compleuon shall ~e soO- t:mce of responsibdkies a~igned ~'o them in such Cert~c'zte. a.s.a Upon Subsmnual Complenon of the Work or designated pomon meteor and upon application by Me Contractor and certification by the .~rChitect. the Owner shall m:~e payment. reZlecttng adjustment in retainage, if any, for such Work or portion ~s designated by sc--~.~£e agreement with the Contrac- tn.surer ~s required under SuOpaz-agtaph i 1.3. ~ l and by public authont:es having jumdiction over Me Work. Such h£y, maintenance, heat, udiities, damage to the Work and prepare and submit a ~t to the .~a'chitect as provtded trader Subparagraph 9.8.2. Conaent of the Contractor to p~ occu- pa~qz or use shall not be unreasonably withheld. The stage of the progress of the Work sha~l be determined by wntmn agree- 9.~.1 Mamediate!y pnor to such parual OC~"dp~C~./ Or U.Se, the g.10 ~NAL COMPI. E'T;ON AND ~NAL PAYMENT for :~na~ inspect:on and acc=~tznce and upon recmpt of a ~ .~.~9Li~uon ior ~%yment. Me .~rcn:tec: will promptly mzme such m.Spectinn and. when thc .~.rcYatect £md~ ~e Work accept- able under the Con£mct Documents and the Contract fully per- formed, the Axchitec: will prompd¥ is.soe a final C¢~xi~ica£e for payment stating tl~.t ~o the best of the Acc,~tecf$ knowledge, Mformation and ~elle£ and on the b~si.s of the observations and Lnspections. Me Wor~ h~ been completed in accordance with terrn~ and conditions of the Contract Docu- ments and that the ~trdre balance found to be due the Contrac- tor and noted in said ~ Ce.~c~te is due and payable. The .~chitect's Cmal Cemficate for Payment will constitute a representation that conditions ~ted in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to ~nal payment have bee~ i~[f',Iied. 9.10.2 Neither fixtal payment nor any cernamang retained percentage shall become due until the Contractor submits to the .M-chkec~ (l) an a~'fidavit that payrolls, bd~s for matez-~A.s and eqmpment, ~.nd other indebtu'~'Aness connected with the Work for which the ©whet or the Owner's property might be responsthle or encumbered (less amounts withheld by Owner) have be~n pad or other"use satisfied, (2) a ce."~fieate evidenc- ing that insurance required by the Contract Documents to remain in force a~er ~ payment ~s cazrrentiy in effect and will not he cancelled or allowed to e.'q~ire until at le-~.st 30 days' pnor written notice h~ bern g~ven to the Owner, (3) a written statement that the Contractor knows of no substantial re:~son that the i~zurance wdt not be renewable to cover the pehod requa-ed by the Contract DoctLments, (4) consent of surew, if any, to t'mai payment and (5). it' ~eqtured by the Owner, other data es~abl~hing payment or sau.sfacraon of obligations. SUCh = in such form ~ may 3e ~esi~m',,ated by ~e Owner. If a $ubcon- Owner to indemmgv the Owner against such Lien. [f such lien siaall reI~nd to the Owner all money that the Owner may he compelled to pay in dischm'gmg such [len. ~nciuding all costs 9.10.3 If'. after S~bsrga'~nal Completion of ,'he Work, final com- ple~aon thereof is materially de~yed Mroug~h no fault of the Contractor or by issuance o~ Cha~ge Orders affecting t~al compleuon, and Me Acchitec'~ so confirms, the Owner shall, upon applicanon Dy the Contractor and certification by Me and accepted. ~f the remaining balance for Work not MIIy com- cortsent of surety to payment of the balance due for that pof paz'agraph 4.3.5. 18 A201-1987 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY lO. 1 SAc-t:[ ~ PR£CAUT]ONS AND PROGRAMS 10.1.1 The Contractor sh~Li be responsible for initinting, ma.in- taming and supervksing all safety precautior~ and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site materml r~natily believed to be asbestos or polychlormated biphenyl (PCB) which has not been rmdered harmless, the Contractor shill immediately stop Work in the area affected and report the condition to the Owner and .~c.,hitecr in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner Nd Contractor if in i'~c: the mater~ i~ asbestos or poiychlonnated biphenyl (PCB} and has not Been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polvchlon- hated hiphenyl (PCB). or when it ha.s been rendered h:irmiess, Dy wmten agreement or' the Owner and Contractor, or in accordance with Final de:e.~ination by the .gchitect on which arhiwation has not been ciemanded. 'or by arbitration under Amcle 4. 10.1.3 '~he Contm~or shzJl not be required pur~u:mt ~o .-trtic!e - to perform without consent uny Work reiatmg ~o ~b~os or poiychiorma[c~ biphenyl 10.1,4 To the ~11~[ extent pe~itte~ bv !aw, the Owner indemni~- ~a hold ~s the Com~cmr..~chi[ect, .~chi- from ~d a~m~ cl~. ,~ag~, !o~ md expem~, mdud- ma~en~ N ~am[os or polycnlonna~ binhenvt (PCBI ma h~ mx bean centered h~ml~, provided th~[ ~uc~ clam. indemnifie~ hereunder. Such obii~tion =h~l not be co~tme~ d~cnbed ~ ~m Subp~ph 10.1.,. be ~f~ted ~crebv: mte~ aher~, whether ~ stooge on or off the 5~[e. 10.2.2 The Contractor shall give notices and comply with applicable laws. ordinances, rules, reguD, dons :md lawfial orders of public authoaties b~g on s~ety of p~m or prope~ or the~ protec~on from ~age. ~ju~ or o~. 10,2.3 ~e Con~ctor sh~ er~ md m~, ~ requ~d by e~tmg con~[io~ md peffo~c~ of ~e Con[act, able s~ for 5~e~ ~d prot~on, ~du~g p~g ~ger si~ md o~er w~ a~t h~. prom~g s~e~y r~imom md noticing o~e~ md ~ of adfacen~ 10.2.4 ~ ~ or storage o~ e~losiv~ or o~er exertion of ~e Work. ~e Con~ctor s~ mx~e u~ost qu~ified pe~o~eL ' ' 10.2.5 ~e Contractor sh~ pmmpdy rm~y ~ge m~ (o~ ~ ~ge or lo~ ~ed ~der prope~ ~umce requk~ by ~e Contmct ~enm) to pmp~ refe~ed to m Contractor, a Subcont=ctor. a Su~subconm~or. or mvone for whose a~ ~ may be ~le ~d ~or whi~ the ~ c~po~ible under CN~ i0.2.i.2 md 10.2, L3, exert or ,~chite~ or myone dir~dy or ~v employed by either of ~em. or by myone for whose ao~ ~er of ~ ma¢ be ~able, md not att~but~le co ~e ~uk or n~gence of Contm~or. ~e forgoing obfi~tinns o~ ~e Contractor xe m ad~tion to ~e Contractor's oblations ~der P~ph 3.18. 10.2.8 ~e Contractor sh~ Om:~a[e a rm~mible m~ber of 10.2.7 ~e Contmctor sh~l not toa~ or bmr my p~ of 10.3.1 th m eme~en~, ar~ec~mg saf~ of pmom or prope~, the Contractor sh~l act, at the Contractor's ~mtion, ro pre- vent thr~en~ ~age. injuO- or lo~. Addidon~ compensa- of m em~g~ sh~ be de~in~ ~ prodded in P~ph ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S [JABILJTY INSURANC~ 11.1.1 The Contractor shall purc. Snas¢ from and mmnrmn m a the iurmdiction in whic~ the Pm}ect is located such irLsumnce as e.o h a under the Contract ma for which the Cont=ctor mav ~e leg~v liable, whether sudq operations ~e by the Contmc{or or ~v a !iabie: - wi'uc.:'l :mt .~pic:mie r~ =e Wori( ~o be · ~,,9~ .:~E.*.,'~ERIC-~"IINSTJTLWEOF..~JC:~iTECTS. i"3~SNEWYORKAVI!iLNUE.,'4W..'WASHiNGTON, D.C. 2(XX:~ A201-1987 .2 CL;~,T~ [or d.qm:l~es bec=u.s¢ of bod~y inluq', oc~g~- ,~ d~s fo~ ~ b~c~c of bodily m~u~, sic~s or dbase, or d~th o[~y p¢~on other [h~ thc Con- .4 cl~ for ~=g~ ~ured by ~ pe~on~ iniu~ [iaDlli~ coverage ~hic~ ~e sm~mned (1) by a pe~on employment of such pe~n by the Contractor, or .5 cN~s for ~ag~. other th~ ~o ~e Work i~etf, became of miu0' ~o or ~ction of t~ble prop- .~ ~ for ~gm be~e of bo~y mju~, d~ of a pe~on or p~pe~ ~age ~mg out of owner- .7 cl~ ~volving con~m~ ~bi~ty ~umce appli- cable [o ~e Contmcor's o~li~dons under 3~8. 1 1.1.2 ~e i~u~c: required Dy Subp~a~ph [ I. I. 1 sh~l be ~'nt~en ~br not !~s tn~ l~i~ of I~bllky specked m the Con- 11.1.3 Cexi~c=tm of ~umce acc:pmble ~o ~e Owner sh~I Thee Cem~[~ md ~e insu~c: pollcl~ required by of such cover=ge shml be submit[ed with the ~1~ Appiic=tion for P=ymen~ ~ :equire~ by Subpm~aph 9.~0.2. info~=tion 11.2.1 The Owner ~ be rmponsible for purch~ing and mmnt~mg the Owners ~ [~bilky ~umce. Opdon~y, other [h:m [he Owner has an insurable interest in the property reqmred by this Pm'agsnph I 1.3 to be covered, whichever is earlier. This insurznce shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11.3.1.1 Proper~y insurance shall be on an all-ask policy, form and shall insure =gmnst the penis of rue and extended coverage :md physical loss or dm'ri=ge including, without duplic:ttion of coverage, there, v:mdaii~m, maliciou.s mischief, collapse, f01se- work. [emporm"y buildings :md debris removal including demolition occ-~ioned by enforcement of any =pglicable legal requirements. :md shall cover reasonable compensation for Arohitecfs se."vic~ :md expenses r~quired ~ a result of such insured loss. Coverage for other peril5 shall not be required unless otherwise provided in the Con[mc[ Documents. 11.3.1.2 [f the Owner does not in[end to purchase such prop- erty insurance required by cae Contract and with ~ of the coverages in the amount described above, the Owner shall so. inform the Contractor in ~,'ntmg prior to commencement of the Work.. The Contractor may then effect insurance which will pro[ec: the interests of the Contractor. Subcontractor~ and Sub- subcontrac~om in the Work. and by appropriate Ch:rage Order the cost [hereof shall be charged ro the Owner. il" the Con[rat- ior is dmmaged by' the failure or neglect of [he Owner to pur- chase or maintain ,nsumnce ~ described above, v--ithou£ so mxifying the Contractor, then ~he Owner shall bern' all re'ason- =bib costs properly attributable thereto. 11.3.1.3 if the property insurance reqmres minimum deducti- bles :md such deductibles are identified in the Contract Docu- ments, the Contractor shall p:;y costs not covered because of such deductibles. [f [he Owner or insur,:r incre0,ses [he requir:d minimum deduct~bl~ above the m'notmts so identified or if the Owner elects [o purch~e th~s insur-.mce with voluntary deduc- tible remounts, the Owner sh~ be responsible for payment or' the additional costs not covered because of such incre'~ed or voluntary deductibles. If deducubles xe not identified in the Contract Documents, the O,~.'ner shall pay costs not covered because of deductibles. 11.3.1.4 Unless o[herwtse provided :n [he Contrac: Docu- ments, this property insurance shall cover portlims or' the Work value established in [he approval. :md atto pornons or. [h~ Work 11.3.2 Boiler and Machinery Insurance. Thc Owner shall purchase and mmntmn b~iier and machine:T insurance required by [he Contract Documents or by law. which shall specifically cover such insured objects during installuuon and until linai acceptance by the Ownen this insurance'shal[ include 20 A201-1~87 11.~.$ if du~ the ?roiect consn"~ction pe~od ~e Owner insures propem~, r~ or pc~on~ or bo~, adjo~g or ad~a- cent ~o ~e site by p~pe~ ~umce under ~ s~te from ~o~ ~g ~e Projem, or f ~er ~ pamen~ prop- e~ ~u~ce B ~o be provided on ~rou~ a poH~ or po~ci~ o~er ~ ~c ~g me Proj- d~ m accor~ce wi~ ~c tc~ of Subpm~ph I 1.3.7 for ~=g~ tamed by ~re or omer pe~ covered by ~ sepmte prope~ ms--c:..~ ~mte poiidm 11.3.$ Before an exposure to loss may occur, thc Owner shall file with the Contractor a copy of each policy, that includes irmurance coverages reqtured by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- rAons, e_xclusions and endorsements related to thi$ Proiect. Each policy shall contain a provision that tine policy will not be cancefled or ~owed to expire until at least 30 days' prior writ- ten notice has been given to thc Contractor. 11.3.7 Waivem of Subrogation. The Owner and Contractor wmve ali rights against (l) each other and any of ttleir subcon- £rac:ors. sub-subcontractors, agents and employees, each of the othm', and (2) the Architees, .M-chitect's consultants, separate contractors described in .kr'dcle 6. if a.ny, and any of thmr sub- contr'actors, sub-subcontractors, agents and employees, for ciarnsges caused by fire or other perils to the extent covered by property [nsur-.mce obtained pursuant to this P~graph [ 1.3 or other property ,.nsurance applicable [o the Work. except such ngilts as they have to proceeds of such insurance held by the Owner as fiduc:ary. The Owner or Contractor. =appropnate. shall require of the .~-c.hitect. Architec:'s cortsuttcmts, se.Darate contractors described in .~-rncle 6. if any, and the subcontrac- tors. suD-subcontractors, agents and employees o(any of them. by appropriate agreements, written where [eg~ly required for validity, san,lac waivers each in favor Of other pa.r~ies enum- erated hereto. The policies shall provide such waivers o(subro- gaoon by endorsement or otherwtse. A waiver of subrogation shall be effecuve as ~o a person or entity even thougia ttmt per- son or entity would otherwt~e have a duty of indemrafication. contncmai or odleI'wise, did not pay the in~urmlce premium directly or indirectly, and whether or not the person or entity had an insurable interest in the proper~y damaged. 11.3.B ~ loss k, lsured under Owner's property ~urmqce sh','ll be =d{usted by the Owner as fiduciary, and made payable to the Owner as fiduc:ary for the a'k~red.s, as their interests may appem', sub{<: Io requirements of any applicable mon'gagee clause and of Subparagraph [ [.3.10. The Contractor stroll pay Subcontractors their just shares of insurance proc~-~k~ ret=red by ~e Contractor, and by appropriate agl'eements, written where [egad[y required for validity, shall require Subcontractors to mare payments to their Sub*subcontractors in smlfl.2z manner. 11.3.9 if required in wntang by a par~y in interest, thc Owner 11.3.10 The Owner as fiduciary shall have power to adjust and sl~ll ob{er: in w~g wi~m five ~ys ~er occu~ce of loss made, ~bit=tor5 ~ be chos~q ~ prodded m P~pN 4.5. ~urm ~ accor~ce with ~N~io~ of such ~i~tors. if d~t~bu~on of ~u~ce proc~ by ~big~UOn ~ requ~ed, the ~bi~to~ w~ dk~ $u~ ~tmbuuon. ~ 1.3.11 P~ oc~pm~f or ~e m accor~ce wi~ Pmg~ph p~im provid~g prope~ msumce ~ve co~emted to such p~ oc~p~ or ~e by ~do~t or oth~e. ~e p~M ~pm~ or ~ ~at wo~d ~e c~ceflation. Npse or 11.4 P~FORMAN~ BOND AND PAYM~T 8OND tOt [o ~m~h bon~ cove~ ~th~] pe~o~c~ of ~ Con- t~c ~d payment of obLi~[io~ ~m~ ~¢~eund~ ~ stipu- lated m bid~g rcq~menm or sp~c~y required m the 11.4.2 U~n the requmt o( my pe~n or enuty app~mg ~o be a potent~ benefic~ ofbon~ cove~g payment of obli~- ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVE/:tlNG OF WORK lng :.md replacement sh-n. by approprmte Change Order. be 12.2.2. if. '~athm one ye-~r a~er t.he date of SuDswant:=l Compie- A201-1987 21 for commencement of warFanties established under Sub- pa~graph 9.9. I, or by terms of an app~cable sp¢cml wmmant3' requared by the Contract Documents, any of the Work is found Doc~nents, the Contractor shall correct it prompdy al~er tn.nee of such condition. This period of one year shall be extended with re_spec: to pomons of Work first performed aker Substantial Completion by the Period of time between Substan- tml Completion and thc actual performance of the Work. This obiigauon under this Subparagraph I2.2.2 shall survive accel> tance of the Work under the ConLract and terrmnation of the Contract. The Owner shall give such notice promptly a~ter dis- 12.2.3 The Contractor sh~l remove from the site portioc~s or' the Work which are not in accordance with the requirements of the Contract Doc,m-neats and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 if the Contractor ~ to correct aoncon£ormmg Work within a re',-sonabie time, the Owner may correct it in accor- dance with p:uragraph 2.4. [f the Contractor does not proceea with correction of such nonconforming Work within a re-,_son- able ~krne fkxed by written notice from the .&rchitect. the Owner may remove it and store the salvable materials or equipment at the Contractor's expmase. If the Contractor does not pay costs of such removal and storage wiinin ten days after wmren not,ce, the Owner may upon ten additional days' wnt:en not,ce sell suc,h matenals and equipment at auction or at pm'ate Contract Sum st~all be reduced by the deficiency. [f payme.q~s 12.2.$ The Contractor shall be-ar the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused, by the Contractor's correction or removal of Wurk waich is not in accordance with the requirements of the Con- 12.2.$ 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- ~ract Documents. E.~mhlishmem of the time pehod of one y<r a.s described in Subparagraph 12.2.2 relarc$o only to the specific obligation of the Contractor to correct the Work. and 'ha no relationship to ',he nme within which the obligation to compiy with the Contract Documents may be sought to be enforced. nor [o the time within which proceeding~ may be commenced ~o establish the Contractor's liability with respect to the Con- ir'ac:o£'s obligations other them specificalIy to correct the Work. 12.3 ACC!C~TANC1= OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not ~ accordance with the requirements of the Contract Docmments. Ihe Owner may do so irtstcad of requir~g its removal and cor- rect:on, in which case the Contrac~ 5urn will be reduced ~ appropnate and equitable. Such aclitmtrnent shall be effected ';,.-aether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVFJqNING LAW 13.1.1 The ConLract s,~-~[1 be governed by the [aw ofthe place where the Project is loczted. 13.2 SUCCESSORS AND A~ISlGNS 13.2.1 T~e Owner md Contractor respee~dvely bind them- selves, their partners, successors, :resigns and legal represcnm- =s~gns and legal represenmnves of such other pare>, in respect to coven:mrs, agreements and obligutions conmmed in thc Con- tmc: Documents. Neither p.arty to the Contract shall =sign the consent, that parzy sl-mil neve.-zheless rcm:Un Icg.ally responsible for ail obligations under the Contract. 13.3 W~n ~r.N NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in pe.~on to the individual or a member of the firm or entit~ or to an officer of the corporation for whica it was intended, or if deiivered at or sent by r%grstered or certified mm[ [o the [~[ b~in¢~ addr~ known to the p~y ~v~g notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obiigariorts imposc'd by the Contract Docu- ments :md rights and re.re, edits avadabte thereunder shall be in addition co and not a iim. itation of duties, obiigat:ons, dghts .ind remedies otherwise ;amposed or av~,,~abie by taw. 13.4.2 No action or ialiure ~O ac~ by :he Owner..M-chiteet or Contraclor shall constipate a wmver or' a dght or duty afforded them under the Contac:. ant shall such action or t~lure to act constitute approval of or acquiescence in a breach thereunder. except = may be 5peoxlc~y agreed in w~ting. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests. Jasper:ions and approval~ of portions of the Work required by the Contract Doc[wheats or by ,laws. ordi- nances, rules, regulations or order~ or' public auraorities [laving jurisdiction shall be made at ma approprmte time. Unless other- wise provided, the Contractor shall make arrangements for tests, inspections and ;Ipprovals. Fhe Contractor shall g~ve ,'he 22 A201-1987 1:3.5.11 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and I5.5.2 reveal fal/ure of the porLfons of the Work to eomp{y with requir~nents established by the Contract Documents, the Contractor shall be.ar all costs made necessary, by such f;ulure including those of repeated 13.5.4 Required ce.,'uficates of testing, ir~pecuon or approval shall, unless otherw'~e required by the Contract Documents, ge secured by the Conu'actor and promptly delivered to the Architect. 1;3.5.5 If the Architect is to observe tests, inspections or approvals required by the Con£me: Documents, the .~c~tem wtil do so promptly and, where pmc~Acagle, at the normal place o( resting. 13.5.8 Te~ts or inspections conducted pursuant to LEe Con- tract Documents shall be made promptly to avoid unre-2onable delay in the Work. 13.8 ;NTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall be~r interest from the date payment is due at such rote as the pallles may agree upon in writing or. ;n the absence thereoL at the !e~.[ rate prevailing from m-ne [o ~Lme at :kc p{ace where the Project ks loc=ted. 13.7 COMMENCEMENT OF STATUTORY LiMITATiON PERIOD 13,7.1 .%s between LEe Owner and Contractor: .1 Befor~ Suhstant~a| Completion..-~ to acts or ~,~ures to act occ~mng pr:or ~o ~e relev~[ ~[¢ of t~ Completion. ~y applicable statute of ~mttations .2 Be~n Substantial Compie~on and ~nal Ce~ Completion ~d prior ~o ~ce of the ~ Ccnlfi- .3 After ~naJ Ce~l~te for Payment..~ to ac~ or ante oi the finM Ceni~cate for ~yment, ~y ~y w~ty provided un~ec P~ph 3.5. LEe ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATiON BY THE CONTRACTOR 14.1.1 The Contractor may terminate LEe Contmm 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 employe~ or any other persons performing pomons of LEe Work under contract with the Contractor, for any of the followtng reasons: · 1 i~uance of an order oE a court or other public author- itT having juhsdicton; 3. an act of $overnment, such = a dedazaton of natonal emergency, making mmmnal unavailable; .3 becattse the .%xchitect ha5 not issued a Certificate Payment and has not notified the Conramc[or of the' re-J.son for withholding cernficaton a5 provided in Subparagraph 9.4.1, or because the Owner ha5 not made payment on a CerQficate for Payment within the Ltme stated in LEe Contract Documents; .4 if repeated suspensions, delay-s or interruptions by the Owner a5 described in paragraph I4.3 Constimm m the aggregate more r2mn I00 percent Of the [ota.[ num- ber or: days scheduled for completion, or 120 days in any 365<ay period, whichever is less; or .5 the Owner h~ (ruled to fornush to the Conramctor prompd¥, upon the Contractor's ,"e.-quest, evidence a.s required by Subparagraph 2.2. i. 14.1.2 If one of LEe above re',_sons ex. ts. the Conr. ractor ma}', upon seven addiuonal days' w-ntten notice to the Owner and Ar¢.~itect terminate the Contract =nd recover from the Owner payment for Work executed and lbr proven loss with respect ~o matermls, equ:pment, tools, and construction equipment and machinery, including cessonabie ovethemd, profit and dm-nages. 14.1,3 [f the Work ls stopped for a period of 60 days througl'~ no act or fault of LEe Contractor or a Subcontractor or meir agenLs or employer or any other, pe.~ons performing portions of the Work under contract with the Contractor bee=use the Owner h~ persistently failed [o r~,.d~dl the Owner's obiigat:ons under the Contract Documents with ['espect to matters rant to the progress of the Work. the Contractor may, upon seven additional days' written notice [o the Owner and the Architect. terminate the Contract =nd recover from the Owner ~ provided in Subparagraph 1-t. 1.2. 14.9 TERMINA'HON BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistenty or rebeatedly refuses or fal5 to supply enough properly skilled workers or proper materials; .2 ~'mis io mmke payment to $ubconu'~.c[ors for materi:ds or labor in accordaance with the r~pectve agreements .3 pe~istently disregards Laws. ordin:mc~, or ~le.s. ceg- uladorm or orders of a public authority having iur:~- A201-1987 23 nf¥ such action, may without prejudice to any other tiSiqts or Contractor's sure~', if any, seven days' written not, ce, termi- prior right.s of the sure.w.: .1 take pnsse~inn of fiqe site and of all mate, ~-'al.s. equip- ment, toois, and construc'4on equipment and. mac,in- graph 5.4; and .3 Fmish the Work by wi-.atever re',_sonabie method the Owner may de,.em expedient. 14.2.11 When the Owner ce.-'mina£e~ the Contract for one of the re~on.s stated m Subparagraph 14.2. I. the Contractor sl~dl not be entitied to receive furmer payment until the Won Ls £mished. 14.2.4 Ii' the unpaid bo. lance of the Commct Sum exceecL~ cos~ of f'mishmg die Worn. including compemation for the .~rci~i- unpuid ~aiance. the Contractor shaii pa!,' the difference to the the c:~e may be. shall be certified by the .M'chitect, upon appii- canon, and this obii~don for payment sb~ survive termma- 14.3 SUSPENSION BY THE OWNER FOR CONVEJ~IIE~CE 14.3.1 The Ox~rncr may, without ca~e, order the Contractor in wntin$ to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may dete."rmne. 14.3.~ .&n adiustmenr shall be made for mcre:aes in the cost of performance of the Contact. including profit on the incre'aaed cost of performance, ca.ed by suspension, delay or pended, delayed or interrupted by another ~e for which the Contractor ~ responsible: or .2 that an equitable 2djusr. m~'~.t is made or demed under 14.3.3 Adiustmeots made in the cost of performance may have a mutually agreed F~.',ced` or percentage 24 A201-1987 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: '-- (Owner/Contracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents' do for its successors and assigns remise, release, and forever discharge the said (OwneflContrac'Jng 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, ~or upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. ,19 and any admi~ance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seat to be hereto affixed and duly attested by its __ this day of , 19 __ Attest: Principal: PREVAILING WAGE RATES A t--FACHMENT WAGE DETERMINATION STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY ;*2=_ .age. NON-DISCRIMINATiON CLAUSE During the pedormance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgradir~g, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which ne has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and wilt rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights, and the Owners representatives / counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith c~nceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as the Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to inte~ene and protect the interests of the Owner (Contracting Agency's jurisdictional area). COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shall comply with the applicable provisions of the 'Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. Each and every provision of lav~and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-6, of the Labor Law, as so amended, prohibits in contractS, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day dudng which suc,h person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be fodeited. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any Iccetion, under ~his control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this cert~ficetion is a violation of the Equal Opportunity clause in his contract. As used in this certificetion, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time c]ocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, dhnking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national odgin, because of habit, local custom, or othe~se. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time pedods) he wilt obtain identical cerdficetions from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): 'Dunng (2) (3) (4) (5) (6) NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated Facilities must be submitted poor to the award of a subcontract exceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The deification may be submitted either for each subcontract or for all subcontracts during apenod (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. the performance of this contrac¢, the Contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such ac~on shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor aarees to post in conspicuous places, available to employees and applicants for employment, notices [o be provided by Ihe contracting officer setting forth the provisions of this nondisc~mination clause. The contractor will, in all solicitations or advertisements fcr employees placed by or on behalf of the contractor, state that ail qualified applicants will receive consideration for employmen: without regard to race, creed, color, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Secticn 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places avaiiacle to employees and applicants for employment. The contractor will comply with ali provisions of Executive Order No. 11246 cf September 24., 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. The contractor will fumish ail informa~don and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of sucri rutes, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be dectared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, t965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon eacCt subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, [he contractor may request the United States to enter into such litigation to protect the interests of the United States." ? FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reoorts and Other Reouired Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each pdme contractor and each pdme contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such pdme contractor or subcontractor (I) is not exempt from the provfsions of this Sub-part 1-12.8 in accordance with 1-t2.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub--contrec~ or purchase order amounting to $ 50.000 or more, or serves as a depository of Government ~nds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Prcvided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (1), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other inter~als as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agenc'/, or the applicant, on their own motions, may require a pnme contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with [he prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. 1-'i2.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) (2) (3) Each agency shall require each bidder or prospective pdme contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the conr. ract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee cn Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: 'The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the ctause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards.' (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior [o award. tn any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the soplicable fiting requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covedng the delinquent pedod or such other pedod specified by the agency or the Director. A bidder or prospective pdme contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests pnor to the award of the contract or subcontract When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, pdor to award, or after the award, or both, to furnish such other information as the agency, [he applicant, or the Director requests. ( C ) Use of reports. Repons filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964. or in furtherance of the purposes of the Order and said Act. ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard ~ Form No. Stock 'Rumber Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENTSTANDARDS All contracts for construction or repair shatl include a prevision for compliance with the Copeland 'Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, ail Contracts awarded in excess of $ 2,000 for construction contracts and in excess of 8 2,500 for other contracts which involve the employment of mechanics or laborers shall include ~ provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and Iaborar on the basis of a standard work day of 8_ hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the ac~ is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, ro dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contzacts for transportation or transmission of intelligence~ Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost cf Living Council in establishing wages and pdces. The provision shaJl advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a ca~tification by him that amounts to be paid do not exceed maximum allowable tevels authohzed by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and subgrants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors viotate or breach contracts :arms. and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by :he grantee including the manner by which it will be effected and [he basis for settlement. In addition, such contracts shall describe conditions under which ,',he contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,0g0, grantees shall observe the bonding requ~r~;ments prowded in Attachment B to this Circular. All contracts and subgrants in excess of $10,000 shall include provisions for compliance with Executive Order No. 11246. entitled, "Equal Employment Opportunity', as supplemented in Department of Labor Regl fiations (41 CFR, Part 60). Each contractor or suborantee shall be req~d [o have an affirmative action plan which dectar~s that it does not (iis~ ~iminate on the basis of race, color, religion, creed, nadonal origin, sex, ~.r~J ~;ge and which specifies goals and ~arget dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or subgrantees and to assure that suspected or reported violations are promptly invesdgatad. COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a s~pulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a par~ of the work contemplated by the contract shall be p~rmitted or required to wcrk more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not Iess than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the vadous classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are regis:ereq, individuaiiy, under a bona fide prcgram registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the rado permitted to ~e contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registraticn of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction pdor to using any apprentice on the contract wor~. Secticn 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hinng of employees for the performance of work under this contract or any subcontract hereunder, no contmctcr, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race. creed, color or national origin. (Your attention is directed to the provisions of the State taw against Discrimination which also prohibits discrimination in employment because of age); c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was disc,'iminated against or intimidated tn violation of the prowsions of the contract, (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or disthbution of materials, equipment or supplies shall be limited to operations performed within th~ territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment;, [hat persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a whict~ requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authonties, must include in each contract parac, raphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12. 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of juhsdiction and then the rate to be paid will be given by the department of junsdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social secudty and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: 'It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at ail places at which [he public work described hereunder is being conducted, [he Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be flied, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to [he Bureau of Public Work ail charges of discrimination in employment including discnmination because of age, race, creed, color or national origin. $10.00 non-refundable fee to c~b~t in specifications. BID - STAIRS I; LANDING AT ROCKY POINT ROAD BID OPENING: 10:00 a.m., Thursday, October 9, 1997. 10/7 1. 2. 3. 4. 5. KJB Industries Inc. d/b/a Eagle Asphalt Maint., 70 Park Rd., Riverhead, NY 11901 NOTICE TO BIDDERS NOTICE IS HEREBY G1VEN,~ Section 103 of the General Municipal Law, that sealed bids are sought and materials and equipment as required for the construction of stairs and landing at the end of Rocky Point Road, East Marion, N.Y. Road, Southold, N.Y., upon payment of a $10.00 non-refundable fcc, made payable to the Southold Town Clerk. Thc sealed bids, together with a bid Base Bid will be received by thc Town Clerk, at thc Southold Town Hall, 53095 Main Road, Southold, N.Y., until 10:00 a.m., Thursday, October 9, 1997, at which time they will be op~ned and read aloud in public. The Town Board of the Town of Southold bids and to waive any and all infor- malities in any bid should it be deemed All bids must be signed and sealed in envelopes plainly marked, "Bid on glairs & Landing at Rocky Point thc Town Clerk. The bid price shall not from which the Town of Southold is Dated: September 16. 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK STATE OF NEWARK) ) SS: ~ of Mattltuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for I weeks successively, commencing on the ~day of ~ 19~ Principal Clerk Sworn to b~fore me this. ~C~-c'/~ NOTARY PUBLIC, STALE OF NE~ ~ORE NO. 52~655242, SUFFOLK COUNTY COEd]MISSION ~PIRES AUGUST 31, 19 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 19th day of September 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 Roacl, Southold, New York 11971. Legal Notice, Notice to Bidders, Construction of Stairs and end of Rocky Point Road, East Marion. Bid opening: Thursday, October 9, 1997, Southold Town Hall. Landing at the 10:00 a.m., Sworn to before me this 19th day of September, 1997. Notary Public HELENE D. HORNE Not~ry Public, State of N~W ~ No. 4951364 Oualified in Suffolk Cornel Commi~ion E.~q~m~ May 22, Southold Town Clerk LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all labor, materials and equipment as required for the construction of stairs and landing at the end of Rocky Point Road, East Marion, N.Y. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, 5outhold, N.Y., upon payment of a $10.00 non-refundable fee, made payable to the Southold Town Clerk. The sealed bids, together with a bid security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be received by the Town Clerk, at the Southold Town Hall, 53095 Main Road, Southold, N.Y., until 10:00 a.m., Thursday, October 9, 1997, at which time they will be opened and read aloud in public. The Town Board of the Town of 5outhold reserves the right to reject any and all bids and to waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked, "Bid on Stiars S Landing at Rocky Point Road", 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: September 16, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK *G * * PLEASE PUBLISH ON SEPTEMBER 25, 1997, AND AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Superintendent of Highways Jacobs Dodge Reports Brown's Letters Burrelle's Information Services Construction Data Corporation Town Clerk's Bulletin Board FORWARD ONE (1) TOWN CLERK, TOWN INVITATION TO BIDDERS: STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY September 22, 1997 ENGINEERING ~)EPARTMENT PECONIC LANE PECONIC, N.Y. INDEX TO SPECIFICATIONS INVITATION TO BID & BIDDING REQUIREMENTS PROJECT DESCRIPTION INSTRUCTION TO BIDDERS PROPOSAL FORM STATEMENT OF NON-COLLUSION BID BOND OFFER OF SURETY GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION G ENEIL~L RELEASE PREVAILING WAGE RATES NON-DISCRIMInATION CLAUSE & COMPLLanNCE WITH LABOR LAW INVITATION TO BID Project: Construction of Stairs and Landing at the end of Rocky Point Road, East Marion, NY The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as required for the construction of the stairs and landings at the end of Rocky Point Road, East Marion, NY, in accordance with the plans and specifications prepared by James A. Richter, R.A., Southold town Engineering Department, Peconic Lane, Peconic, NY.~' Bids will be received at the Office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold NY 11971, until 10:00 a.m., Thursday, October 9, 1997. All specifications are provided herein: drawings to be attached. A fee of ten ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities and reject any or all bids and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of $% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: Septemberl6, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk PROJECT DESCRIPTION CONSTRUCTION OF STAIRS & LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY This project includes the construction of a set of stairs and landings at the end of Rocky Point Road, East Marion, NY, as outlined in the Stair & Landing Details, enclosed. Requests for further information and all inquires should be directed to the Office of the Engineer of the Town of Southold, at 765-3070 Attention: James A. Richter, R. A. 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, payable 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. Ail 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 Southoid 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 ALS, 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, as 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 ~/nd acceptance there of shall be null and void, 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. PROPOSAL FORM DATE: 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 is 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: The end of Rocky Point Road East Marion, NY 11939 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 ail 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 STAIRS AND LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY 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 STEPULATED "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 ~ve 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, ever*/bid or proposal ~ereafter 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 said 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 ce,tification. A. 8y submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a join[ bid, each par~ thereto cePdfies as to its own organization, under penalty of perjury, that to the best of knowledge add belief: (1) The prices in this bid have been arrived at independently without collusion, consultation. communication, or agreement, for the purpose of restricting c=mpetition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disctosed by the bidder prior to opening, directly or indire~ly, 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. paCcnership, or corporation to submit or not to submit a bid for the purpose of restnctin9 competition. E~. The person signing this bid or proposal cerdfies that he has ~lly fnformed himself regarding the accuracy of the statements contained in this cer'dfication, and under the statements contained in this certification, and under the penalties of per]un/, affirms the truth thereof, SUCh penalties being applicable to the bidder, as well as the person s~gning in its behalf. C. That attac2ed hereto (if a corpora[e bidder) is a certified copy of resolution authorizing the execution of this ce~ificate by the signature of this bid or ;roposal on behalf of the corporate bidder. RESOLUTION Resolved that be (Name ~f Corporation) authorized :o sign and submit the ~id or proposal of this ccr2oratJon for the following Project: STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POI~NT ROAD, EAST MARION, ~ and to include in such bid or proposal the cer~ficate as to non-collusion required by section one-bundred-three-d (103--d) of the Genersl Municipal Law as the act, and deed of such con2oration, and for any inaccuracies or m~s- statements in such certificate this corporate bidder shall be liable un'er 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, heid on the day of , 19 __ (SEAL OF THE CORPORATION) Laws of New York. 1965 Ch. 751, Sec. 103-d. as amended effective September 1, 1965 (Signature) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document/s,310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, 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 Si~ned and sealed this day of 19 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 (BiddeCs 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 E,E E R I C I N $ T [ T U T ~ F ARCHITECT ArA Document A201 General Conditions of the Contract for Construction 1987 EDITION TABLE OF ARTICLES 1. GENEIL&L PROVISIONS 2. 3. CONTRACTOR 4. ADMINISTR, kTION OF THE CONTRACT 5, SUBCONT1L&CTORS 6. CONSTRUCTION BY OWNER OR BY SEPASL~-TE CONTPO. CTORS 7. CN_&NGE$ IN THE WORK 8. TIME 9. PAY>lENTS .H'~'D COMPLETION 10. PROTECTION OF PERSONS .C'~'D PROPERTY 11. [NSUtLHNCE .HN'D BONDS I2. L~'COVERLNG ,HN-D CORRECTION OF WORK 13. MISCELLi.',FEOUS PROVISIONS 14. TERMIN'ATION OR SUSPENSION OF THE CONTIL&CT A2.01-1987 1 INDEX Acceptance of Nonconforming Wod{ ....... 9.6.6.9.9.3,12.3 Access to Work ................ :3.16,6.2.1, i2. I Additional Time. Claims for ............ 4.3.6, 4.3.8. 4.3.9, 8.3.2 Allowances .................. Applications for Payment : 4.2.5, 7.3.7, 92.8.3, 9.-~. 9.5. I, 96.3, Approvals 2.+.333,3.5.3.10.2.3 i2.4[hrougia 512.8.3.18.3. Architect 4.1 Sasic Definitions 1.1 Budding Permit .......................... 3.7. I Caiafiallzation .................................. 1.4 CarUficates for P~yment ...... 4.2.5, 4.2.9. 9.3.3, 9.4.9.5, 96.1. Charge,4 7.1- Claims and Olspute~ ...... 4.3, ~.~. a.5.6.2.~. 8.3.2. 951.2. 9.3.5.910.4. [0.1.4 Olaim~ and Timely Assertion of Claims ......... 4.$.$ Claims for Concealed or Unknown C=n,*ittons ...... 4.3.8 Cleaning Up ........ 3.15, ~.5 Commencement of Slatuto~ Limitation Period 13.7 CDMP~.E'HON, PAYMENTS AND 9 CONSTRUCTION BY OWNE~ OR BY SEPARATE CONTRACTORS .................... Continuing Contract Performance 4.3.4 CONTRACT, TERMINATION OR SUSPENSION OF THE ...... ~.3.-. 2 A201-1987 CONTRACTOR ........................... Contracto~ s Cons[tucSon Schedules .......... 3.10, 6.[.3 4.2.6. $.[.2, I0.2, [0.3. lt.[A, [4.2.1.1 a.qd Owne:'s Forc~ .... 2.2.6. 3.12.5. 3.1 ~.2. 4.2.4. 6, I2.2.5 3.18. I, 3.18.2. 5.2, 5.3, 5.-~. 9.6.2, 11.37. I1.3.8. 14.2.1.2 3.10. 312.7, 6.1.3.6.2.1 Emergencies .................... 4.3.7, 10.3 EmpioycmL Concrac:or'$ 3.3.2.3.~.2.38.1.3.9, 3. !8. I. 3.8.2, 3.12.3, 3.12.7. 3.12. II. 3.13, 3.151. A201-1987 3 4 A2.01-1987 Rules and Notices for Arbitra~on ......... 4.5.2 Safety of Persons and Pmper~/ ....... 10.2 Safety Precaution and P~ogram$ 4.2.5, ~.2.?, 19.1 Suspension ~y the Owner for Convenience ........ 14.3 Taxes 3.9, 7 5.6.~ TEFIMINAT1ON OR SUSPENSION OF THE CONTRACT 14 TIME .................................. 8 Title to Work 9.32, 933 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Worf( 12.1 ~553. 933. 982. 991. I2.2.2. I3- 13 When Aroitration May Be Demanded 4.5.4 A201-1987- GENER2~. CONDITIONS OF THE CONT,%CT FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC I~EFtNFF1ON$ 1.1.1 THE CON'I'P,A~-I' DOCUMENTS The Contract Doc-,.unents cortsks[ of the Agreement be,-~'een Owner :md Conwictor (hc~,.na.t~er the Agreement). Condirion.s of the Contract (Genem-L Suppiemenr. ary and other Condioons), Drawing& Spec'Ji~non.s. addenda issued prior to execuuon of the Contract, other documents li~ted in the a~enr and >,loditlcations i.ssuea ai'~er execution of the Contract. X :,,lociiti- cation ~s (1) a written amendment tO the Contract s~gned By both parbes, (2) a Change Order. (3) a Construcuon Change Directive or (4) a written oraer for a minor change m ~e Work issued by ~he .~rc,hitec=. Unless specifically enumem[ed. La the Agreement. the Contract Documents do not include other documents such as Biading requirements (advem.sement or invitation to bid. thstrucnons to Bicicle:s. sample forms, the Contrac:ors bici or poruons of addenda reiatmg to Bidding requirements). 1.1.2 THE CONTRACT The Contrac~ DooJments forth r-~e Cortr-mc= for Constr~tc~on. tact may Be amenCed or modified only by a Modificaoon. The C~ntrac: Documents shall not Be construed to creole a contrac- tual reN[ions.qip of :my kind I 1 ) betw. een the Arcnltect md Con- partially complex'ed, :md Laclude$ all other labor, mate,q~is. Contractor [o t:ui~lI the Contractor s obii~.tions. The Work 1.1.4 THE PRO,~ECT The Proiect is :ne :omi construe:ion of whici~ the ":Cork per- 1.1.7 THE PROJECT MANUAL Thc Proiecr Manual is the volume ustmily asserabied for ~e Work which may include the bidding requirements, sample forms. Conditions of the Contract and Spec:ficadon.s. 1.2 E~£CtJ'I'ION, CORRELATION AND INTENT 1.2.1 The Contmcr Documents shaft be signet[ by the Owner :md Contractor as provided La ~e Agre~ment. [f either the Documents. the .-%~chitecr sh:fll identi~ such ~i~e~ Do~: m~ upon requ~t. 1.2.2 Ex--firm of ~e Contmc~ by the Contractor ~ a repre- ~ ~'~ 1o~ conditio~ un,er which ~e Work ~ ~o be per- 1.2.3 The intent of ~e Conzmct Documenm ~ ~o include ~1 m~. md what m requ=ed by one sh~ ~e ~ bm~ng = if 1.~.40~l~uon of ~e Spec:fi~uons ~o div~io~, sections D~WlN~, SPECI~CA~O~ AND O~ DOCUM~ 1.3.1 ~e Drawing. 5p~i~c:mons md o~er ~ocmenm pr~eg ~y ~e ,g~itect xe f~t~en~ of ~e .~itect's dram a copyn~[ th ~e Drawing. Spcci~catio~ md o~er ~icate~ the .~Gnitect sh~l Be ~ezme~ the author of ~em ~¢ La a~dition :o t~e copyn~t. MI cop~ o( ~em. except the T~e Dmwm~. Speclfic:mo~ mg o~er ~o~en~ ec~ or for a~uo~ ~o ~ P~j~: ou~e ~e scope of ~e 6 .-~.01-1987 :ma m. atenal or equ:pment suppiie~ ~e g.r~nted a [icnited license to u~e and reproduce applicable portions of r~e Draw- rags, Spec~caLions and other documen~ prepared by the Acc~hitec: appropriate to and for use in the exeoation of their WorR under the Con[mc: Do~en~, ,~ copi~ made ~der th~ ~ce~e sh~ b~ ~e s~to~ copy~t nonce, ~ ~y, ofHc~ r~to~ requ~m~ or for o~es p~os~ m con- ~ dero~on of ~e ,~tte~'s copyfi~t or other r~e~ed 1.4 CAP~A~ON 1.4.1 T~s ~pi~ed in ~ G~e~ Con~o~ ~dude thO~ which ~e (1) spec~c~y d~med, (2) ~e dd~ of n~- b~ ~icl~ ~d iden~ed ~efer~c~ to Pm~p~, Subp~- g~p~ md C~ m ~e do~ent or (~) ~e ddes of other doc~e~m pub~he~ by ~e .~e~cm [~diute of 1 .~ INT~PR~ATION 1.5.1 th the inter~t of brevity ~e Contract Doc~ ~re- que~dy omit modi~ing wor~ such = "~" md "~y' ~d ~- ARTICLE 2 OWNE~ 2.1 DEFINITICN ~nforce mech:mic's lien dghrs. Such information ~hM] include 2.2 INFORMATICN AND REGUIRED OF THE OWNER 2.2.1 The Owner shall, =t the request of thc Contractor, pnor rin:mci~ :a'rmqgemenm have been made to MIHII the Owners 2.2.2 The Owner sha~l Mmmh su~'eys describing physic'q 2.2.2 Except for permits :md fe'~ whictl are the responsibility fac,Jities. 2.2.4 Information or 5ervice~ under :he O~mer's con[roi shall be ~umJshed by the Owner with re~onabie promptness to avoid de~¥ in orded¥ progre~ o~ the Work. 2.2.5 Unless otherwise provided in the Contract Documents. the Contractor will he ~ucc~hed. free of c~flz~rge, such copies of Drawing~ and Project Ma,nuals as aze r~,son~biy necessary for execution of the Work. 2.2.6 The foregoing aze [n addition to other duties :md tespon- sibilkies of the Owner enume~ted he.~'m =nd especJally those in respect to .~tide 6 (Cons[mc-don by Owner or by Se!~acate Contracto[z), Article 9 (Payments and Complenon) and .~cle [ I (Insurance and 8oncks). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Conw~c~or ~Ls ~o corr,,, Work which ks not in as required by Paragraph I2.2 or p¢,'~Lstendy Pag ~o cur~ out hy written order signed p¢.~ormJly or by ~n abed[ specific:.Lly $o required by 5u~p~n 6. l.~. 2.4 OWNEr'S RIGHT TO CARRY OUT ~E WCRK ChunB¢ Order sh~ b¢ ~ued d~ucun~ irom paym¢n[s then or ARTICLE 3 CONTF1ACTOR 3.1 DEFINITION A201-1987 7 3.2 REVIEW OF CONTP, AC~ DOCUMENTS ANn F~ELD CONDmON$ [BY C~NTRACTOR 3.2.1 The Co~tmc~or sh:~t care,qllly, study :md compare the ~umrshed by the Owner pursuant [o Subp2J-agr'aph 2.2.2 Contr'ac~or recogr~ized such e,-'ror, [nconsLs[ency or omission and knowingly' ?.~ed [o repor~ it to the Architect. ti: the Con- [or shaft zssum¢ ;ppropn:[e responsibility' for such perfor- costs for correcnon. 3.2.2 The Contractor shall iaice field measurements and verify fie!d condi[ior~ :.nd sh'zil care(uJly, comgure such field me-a- su:mr :o ?.qmgmph j.12. 3.3.1 The Con[actor shaft supe?,'ise and direct the Wurk. 3.3,3 Thc Con[rzcror sl~ulI nu[ bc rciicvcd of oblig~[~o~ [o per- 3.3.4 The Ctmt~ctor s~tl be r~ponsible.for insg~tion of por- ~h~ Contractor ~h~I provide ~d pay for bbor. m~te~B, equip- 3.4.2 Thc Contractor ~hml ¢ntbrce ~mct disc~pfinc ~d ~ood 3.5 WARRANTY of good quality' ~nd new unless otherwise required or permit- from defects not ~heren[ ~ ~e qu~iry required or pe~itte~. w~[y exclud~ remedy' for ~age or defect ~c~ by 3,5 T~ES ~x~ ~or thc Work or po~io~ thereof provided by t~e Con- thc Contmc~or sba[ smcurm md pay for ~he buHding pe~i~ ~d 8 A201-1987 ~h¢ Contract Sum shall be adiu.s~ed accordingly by Change Order. The amount of me Ch~=qge Order sh=d Project site during perforrmmce of ~.e Work. Ti~e supennten- is su0jec: ¢o ~e ~mimtiom of 5ubp~ph ~.2.7 ar~i[ect Shop Dmwm~. Produc~ 3.12.8 The Con[rector sh~I perfi~rm no potion oi :he Work A2.01.1_~87 9 aot be unreasonably withheid. The Contractor sh.'.'.~ not unrea- sonably withhold from the Owner or a separate contractor 3.15 CLONING UP 3.15.1 The Cont~ctor sh~ k~p ~c prc~ ~d ~g ~ ~ree from ac~don of w~te mate~ or mbba~ ~ed by opera,om ~er ~e Contract. At comptepon eqmpment, ~me~ ~d su~l~ mat~. 3.~5.~ if ~e Contractor ~ to ~ up ~ pmvid~ thereof sh~ ~e ~g~ to ~e Contractor. 3.16 ACCESS TO WORK 3.16.1 ~e Cont~ctor sh~ proviae ~e Owner ~d .~tect 3.17 ROYALTIES AND PA~TS 3.17.1 The Contractor sh~ pay ~ roy~ti~ ~d lice~e ff~s. patent n~ ~d sh~ hold the Owner ~d .~itect ~less shml inaemni~, md hold h~i~ ~e Owner, ,~chaec:, Mc~i- age. loss or expense ~ air,bumble ~o bodily inlu~,,, sic!~ess. cay (other than the Work i~e!~ including Io~ of ~ r~ultmg ~yone directly or m~rectly employed by ~em or myone such claim. ~age. loss or expe~ a ca,ed th pm by a described in th~ Pmg~ph 3 18. 3.18.~ In cl~s aganst my pc=on or entity indemthfied under thru Pam~ph 3.18 ~y ~ ¢mptoye= of the Commctor, tlon obii~tion ander this Pmg~ph 3.18 sh~l not be l~te~ a.18.3 The obli~[lo~ of ~e Comaker under mm [ect's consult:mrs, mqd agents md e. mploye~ of any of khem ansmg out of (1) the pr~aration or approval of maps, ctrawm, gs, optmons, reports, sur:eys. Change Orders, designs or specifica- tions, or (2) tile glvthg of or the ~llure £o give cLireC~lOns or instructions by the Archi£ect, the ,arc. nitect's con.su~tants, and agents and employe~ et: any of them provided such giving or failure to g~ve ks the parnza-y, cause of the iniury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The :~'chitect ks ~e pe~on iawfiaily licensed to practice architecture, or an :n~w iawft.dly prac-dcmg architecture iden- r.~fied as such in the Agre'm'nent and ~ referred to throughout the Cent-mci: DooJments as [1e $ingl~klr in number. The ten-n ",M-ci~tect" mere, q5 the Arolm[~ct or rtle .M'ciaitec:'s tuthorlZed representative. 4.1.2 Dunes, re~pon.sib~kie~ and [irllitatiorts of aumonty of the Architect as set form in the Contract Documents shall not be re, meted, modified or extended ~mout written consent of the Owner. Contractor anG .~rG~i[ect. Consent shall not be unrea- sormbly withheld. 4.1.3 in case of :e.,'mmation of employment of the Arehi£ect, the Owner shall appoint an architect again,st whom ~e Con- 4.'L4 Dkspu[e~ arising 'ruder Sui~pamgmphs -t.l.2 md -+.t.3 OF THE ¢ON'TT~CT 4..2.1 The Mchitect wdl provide aam, mmtration of the Contract Smgh i2.2. The .~cNitect will advise and consult with the the stage of construcoon to become gene.wily ~'~ll[ar with the progrms and quality of the completed Work and ~o determine iv, general if the Work LS being performed in a manner indicat- to check quality or qumqt~ty of the Work. On the basks of on- Owner Lnformed of progrexs of the Work. and will endmvor to soleiy the Contractor s .'~ponsibllig' as grovide~ Lq ?=r-agrapn 10 A201-1987 other p¢~orm p¢~orrrnng po[nons of ~¢ ~ork. 4.2.4 Communi~o~ Faclll~ng ~n~ Adminis~ tlon. Excel ~ o~e~c promdcd ~ th= Con~ Do~ cate ~rou~ ~e Mc~t~t. Co~o~ by ~d ~ ~e .~hitect's co~t~ s~ be ~ou~ ~e .M~t~. Co~u- sh~ be ~rou~ ~e Contm~or. Co~ao~ by md 4.2.$ B~d on me .~ch~t's ob~fio~ md ¢'~mQo~ of the Con~ctor's App~cauo~ for Pam~t, ~e .~t~ w~ 4.2.~ ~e .gc~t~t w~ ~ve au~oa~ to ~j~ Wo~ which don o f the intent of ~e Contm~ Do~m. ~e .~item w~ Work ~ accor~c~ with 5u~p~phs 13.5.2 md I3.5.3, P~agmp~ 3.3, 3.5 ~d 3.i2. The .~it~t s review s~ not ccmpii~c= w~m :ne r~mremenm of xne Contm~ Do~en~. 4.2.10 [f me O%'ner md .~cnl~ec: 2~. ~¢ .gc-nte~ ~1 pro- ouc the .~rchicect's re~ponsibtiiqes ac dqe site. The c~uties. respormibflkie,.i md [imitar~ons of authority of such prolect reprmentanves snarl be a~ se: for'& in an e_xhibi£ to be inco~o- meed m the Concmc: Docume~.ts. whic.~ in:e.,'premuons requlre~. of the .%x~hitect shall be fur- nisned in comgUance with t2~ Paragraph 4.2. then deny shall ni.sh such interprem~on.s unul 15 days a~er writ:eh reques~ ~ made for them. 4.2.12 Ln:erpretaQorm and de~'._sions of me Arc~i:ec: will be consistent v, ath the intent of and re'~onably infe.~ble from the Contract Docaments and will be in wndng or tn me form of drawmg~. When ma.tang such mter'premnon.s and dec,ions, the .gcnicecz vefll endeavor co se.~.~ fmtnfi~l performance by both Owner and Contrac:or. w~ no[ show parz~iry [o either and will no[ be ~.ble for results of !n~e:-premuons or deckslo125 so rendere~ in good ~th. CL~IM$ AND OlSPUl'-=~ 4.3.1 Definition. p~y m~ing the Clx. 4.~.2 D~ision of A~nit~t C~s. ~duding ~ose ~eging ~o ~e .~ite~ for acnon = p~vided in Paragraph 4.4. x deci- sion by r~e mecn~ic s 5eh. 4.3.3 Time ~mi~ on C~aimm C~s by 1~ ~e ~i[~ ~ h~ b~ ~pi~te~ =y C~ge Order w~ not ~e A2.01-1987 11 4.3.4 Continuing Cantrac! Performance. P~-nd~g FmC..*c~o- [u[ion of ~ C~:urn in¢ludm~ ~rbi[r~r,on, un]~ Or.,hc:~as¢ :~c'c.~ 4.3.5 Waiver of Claims: Final Payment. Thc m:~.~ng of final exert chose arising from: ,.3 cerrns of stsc!ltl w~--_nr~c~ ~equired ~ die Con£mcr 4.3,6 Claims for Concealed or Unknown C~ndiflona. [£ con- 4.3.S C:aims for Additional Time 4.3.9 Injury ar Damage to Person or Property. fie:mcr because of an ac~ or omission of [he o~er Ps~W., of any of [he such part/.' ~ legltlly Li:~ble. wnr~en notice of such injury or be rued ~s provided in Subp;ragmphs *.j.7 or 4.5.8. 4.4 RESOLU~ON OF C~AIM$ AND DISPUTES 4.4.1 The .~-c~[¢ct wd/ review c!mm5 ~nd rake one or mor~ C~: (~) ~qu~ gdaiuon~ supgo~m~ ~[~ from [hc C[~L C~ 4,5.1 Controversies and Claims SUt=lect to Arbitration. ~' 12 A201-1987 4.5.2 Rules and Notices for A~itmtlon. Clzirn~ between me ©wn¢: and Contac:or no~ ~olved under P~h if subi~t ~o ~bi~ion und¢: Subp~Bnph 4.5.I. be decided .Mbi[~aon Rul~ of ~¢ .~¢n~ .~o;cmaon .~o~on car- Nonce of dem~d for ~bi~aon sh~l be filed ~n copy sh~ be ~fl~d wi~ the .~chicect. 4.5.3 Con,ct Pedo~ance Ougng A~i~flon. Du~ 4.5.4 When A~i~don May Be Demand. O~m~d ~or ~bt- sion on the C~, (2) ~t t~n~ ~y ~er ~e p~ies ~ve pre- 4.5.4.1 When ~ wnc[en dec,ion of ~e .~ohi[~c~ s~c~ ~=~ (l) mcae ~'ich~ 30 ~ys ~er ~a ~cc on whi~ ch~ p~y m~g 4.5.6 Claims and Timely Assertion of Claims. A pa~y who demand ~11 C~.mms then known to cbc[ p=rry on which uon ~ pe~i[tcd to be dcm~ded, When a p~' ~ to include 4.5.7 Judgment on ~l AwaY. ~n¢ award ~cndcrcd by arbi[mtor or xbicm[om shal be fma. md jud~ent may be ARTICLE 5 SUBCONTRACTORS A201-1987 13 SUBCONTRACTUAL RF-J.ATIONS 5.2.1 By approprm£e 3greement, written where legally required for validity, the Corummor shall require each. Subcontractor, the ¢.-xtent of the Work to be performed Dy the Subcontmc=or, to be bound to the Contractor by terms of the Contact Docu- ments, and to assume toward the Contractor ag the obtlgaoons and responsibtliues which, the Contractor, hy these mmnts, zssumes :ow=rd the Owner and Arclmtect. Each subcon- tract agreement si'mil prese~¢ and protect the rights at' the that subcontmctmg thereof wtll not preiudice such rights, and tights, remedim and redress agamst the Contractor that the tiov-s of me proposed subcontract agreement which may be at whicn me Owner accepts by hour?ag ,,he Subcon- ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PEFIFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS $.1.1 The Owner re~c.,-ves the right to perform construction or operations related m the Profect w~th the Owner's own forces. s~te under Condiuons 9f the Contmct identical or subsmnoagy mc waver of subrogauon, if the Contractor clawns c~-at tieiay 6.1.3 The Owner shag provide for coordination of the activi- ties of the Owners own forces and of each separate contmcror with the Work of the Contractor. who sh~il cooperate with them. The Contractor shall pamcipate with other separate con- tractors and the Owner th reviewing their construcnon sched- ules when directed to do $o. The Contractor shall rna~e any 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs consmaction or operations related to the Projec~ with the Owneds oven forces, the Owner shall be deemed to be subiect to the same obligations and to have the same rights w~.ich apply to the Contractor under the Condi- tions of the Contmc~. including, without excluding others, those stated th .-~'=cte 3, this 3mete 6 and )~-Udes 10, i I' and I2. 6.2.1 The Contractor si'mil :ffford the Owner and separate con- their materials and equipment md performance of their acdvi- 6.2.2 ~f par~ of the Contractor's Work depen~ for proper execution or results upon constmcoon or opemoons by the Owner or a separate contractor. :he Contractor shag, prior to proceeding with mat portion of the Wod-:. prompdy report to 6,.2.3 Costs caused by delays or by improperly tuned activthes or defective constmcnon shag be borne by me party responsi- ble therefor. 6.2.4 The Comm, c:or shall prompdy remedy damage wrong- flatly caused by the Contractor to compieted or partmtly com- pleted construcrJon or to property of [be Owner or separate contractors ~ provided th Subpar'-4raph 10.2.5. 6.2..5 Clawns and other disputes and matters in question between the Contrac=or and a separate contractor shag be sub- iect to :he provtsio~ of Pm-agrapn ,~.3 provided igc sepmte contractor h~ cec~procm obJi~[io~. 6.3 OWNER'S RIGHT TO CLEAN UP Paragraph 3.15. <qe Owner may d~.n up and ailoc~ze the cost 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 C.~;mges Ln r~e '~ork m=y be ;ccomDi~hed ~er ~J- C~e Orde:. Co~tmc~on Ch~ge Di~ve or or~e~ 7,1.2 a Ch~ge Or,er s~ be b~cd upon ;~c~[ ~ong m=y or 7.1.3 Ch~g~ 7.! CHANGE ORDerS p~e~ by ~he .~mt~: ~d ~i~¢d by m¢ Owner ~ .~ch~[~:. 7.4 MINOR CHANGES IN THE WORK 7.4.1 The .~c2qitect w~il have authonry to order minor changes in the Work not involving adj~tment in, the Contract Sum or c..-.xension of the Contract Time and not inconsistent with the ~nrenz of me Contract Documenr~. Such changes shall be effected by wmren order and shaft be binding on the Owner and Contractor. The Commctor sh?Ji carry' out such written orders promptly. ARTICLE 8 TIME 8,1 DEFINITIONS 8.1.1 Unle~ omerwise provided. Contract Time L~ the period of tLme. including authorized aaf~tmenrs, allotted in the Con- 8.1.3 The 0nee of Subset:rural Compledon is me d~te cemfied given By the Owner. the Contr:~c=or sh~l notify ih= Owner m ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum i~ stated in the Agreement md, includ- ing authorized adjustments, is ~e tomJ amount payable by the Owner to the Cont~ctor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9,2.1 Before the first 3.pplic=tion for P:tyment. the Contractor vanou.s pomons of the Work. prepared in such form and sup- may require. Thks schedule, unless objected to by £t~.e ?,.rchitect. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At [e'~[ ten days be~ore thc ~[e established for each shgll be notarized, if required, md supported by suc,h- data included in Change Orders. 9.~.1.2 Such applicamms ma}' m~t include requests ~or pa~- puruuon in the gG~rk, if approved in advanu: by thc Owner. 16 A201-1987 Owner a Certificate for Payment, w~th a copy to the Contrac- tor. for such unount zs the Mchitect determines i~ properly due, or noah.' the Contractor :md Owner in wnung of the Architect's re-~ons for withholding certi~Scation an whdie or in pan z5 provided m Subp~"agmph 9.5.1. 9.4.3 The issum'~ce of a Certificate for Pw?mem will con.stature a representation by the .~chirem to the Owner. based on the 3.rehirect~s observations a[ the site :md the cLam comprising the Applic:~tion for p:tyment~ d'ut the Work ha~ progressed to the point indicated :md that. to the best of the .-%rc.hitect'~ knowl- edge, informanon and belief, quality of the Work is in accor- dance with the Contram Documents. The foregoing representa- tions m'e suDiec[ to v,n ev'mtmtion of the Work for conform:race with the Contract Documents upOn Substanual Completion. to results of subsequent tests md inspecnons, to minor devi.~tions from the Contract Documents correctable prior to completion and to spedfic qun/ifications expressed by the ,~.rchirect. The issuance of a Certificate for payment will further constitute a represenmuon that the Contractor is ent~ded to payment in the amount cerufied. However. the ~SLu.nce of a Certificate for Pay- meat will not be a representation that the .%.rchitect has (I) made exhausuve or condnuo~ on-s~te inspections to check the ouaiitv or qu:muty of the Work. (2) reviewed construction me-an~, methods, techniques, sequenc~ or procetiures. (5i :mO materi~ suppliers md. other d~ta requested by the Owner Sum. 9.5 DECISIONS TO WITHHOLD CEFIT~FICATION 9.5.1 The .~'¢hi[¢c'~ m.=y decide not to ccrti~ p;~yment :mq may withhoJd a Certificate for Pzymem in whole or in part. to .~v Subpoz'agraph 9.4.2 c,_nnot be made. If thc Arch~tec~ ;s unable to certify payment in the .~moum of the Appiicauon, thc Architect ~-ill notifT the Contac:or and Owner ~ provide~ m Subparagraph 9.4.1. If the Contractor and .-~rch~£ect cannot agree on a revksed amount, the .-'~-ch~rect will promptly =su~ a Cemlicate for Payment for the amount for which the A/chirect may nuiliN the whole or a pan of a Certificate for Payment .1 defective Work not remedie~: .2 third par~y clmms filed or reportable ,-vid.cate indicat- ing probaPle filing of such clowns: .3 failure of [he Contractor to m'ake payments prop- efiy to Subcontractors or fur labor, mareri'ais or pieced for the unpaid obaiance of the Contract Sum; pleted within the Con[,'3ct Time, and tha~ ~he unpmd iiquiemteC cmrrmges for :he anticipated deluy; or 9.5.2 When the above r~.,.sons for withholding certification are removed, certification wtl/ be made for amounts previomly withheld. 9.6 PROGRESS PAYMENTS 9.6.1 .after the A~-chirect h=.s issued a Cc.-"dficate for Payment. the Owner shall ma~e payment m the re:tuner :md within ~e twne provided in the Contract Docom~qts. :md shall so notify the A~-chitec~. 9.9.2 The Contractor sPz~ll promptly pay esch Subcomrac[or. upon rece pt of payment ~rom the O=,'ner. out of the amount paid to the Contractor on account of suci~ Subcontmctor's pot- of the Work. The Contractor stall, by approprmte agreement 9.6.3 The A~'chirect will. on request, furnish to a Subcontrac- tor. if practic:~ble, inforrrurion regarding percentages of com- 9.6.4 Neither the Owner nor ..u'chimc: shall have :m obligation sLmilar tS that provid.efl, in Subparag=Fhs 9 C~.2.9.6.3 and 9 6~. exrendeq appropriate?:' and the Contract Sum shaii be shut-down, delay and start-up wh*cb sh~ be accomplished as provided in .-~rticle- 9.9 SUBSTANTIAL COMPLETION 9.8.1 Subsumtiai Completion ~s the s~ge in the progress ol the or coffee=ed. The Contractor sh~l proc~d promptly ~o com- A201-1987 17 noted port~on thereof is substanually complete. U the Architect's Lnspecuon cLisdoses any item, whether or not included on the Contractor's list, which is not in accorCance with the reqmrements of the Contract Documents. the Contrac- tor shall, before issuance of the Certificate of Subsmntml Com- pletion, complete or correct such item upon notLfic=tion by the Architect. Thc Contractor shall then submit a rcqu~t for another inspection bv the ..~'chirect to derermme Substa.ntiai Complenon. When the Work or designated pomon thereof is substantially complete, me Arc2utect will prepare a C~.-:-dficate of Substantxal Compledon wthch sOo.ti e~czbi.~h the :late of Sub- stanti~ Completion. shall e~tabllsb r .espon.sibmne~ of the Owner anci Contractor for secure% mamtmqance, he=t, utilities, damage to the Work and a'tSur-unce, and shall fix the Ume wimm which the Contractor shall ~,th~h all items on the list accompanying the Ce~care. Warmntim reqmred by the Con- tract Documents shall commence on the date of 5uhsumual Compieuon of the Work or de, ignored portion the-eof unless otherwme provided m the Certificate of Subsmnual Comple- tion. The Certificate of Substantial Completion sh~ be sub- mitred to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Ceruficare. 9.8.3 Upon Substanth~ Completion of the Work or de~igrmred ponton thereof and upon application by the Contractor and ce~ficatinn by the Architect, the Owner sdal[ make payment. reflecting adiustmem in reminage, if any, for such Work or por- tion thereof as provided nn the Contract Doctunents. 9.9 PARTIAl OCCUPANCY OR USE 9.9.1 The Owner may oc~-~py or use any compieted or t~Jly completed portlon of the Work at my stage when such port~on is designated by sepmmre agreement with me Contrac- tor, provided such occupancy or u.se is consented to by the insurer as requireo under Subparagraph ! 1.3.11 and authorized by public authorities having jurisdiction over the Work. Such pm'tm occupancy or use may commence whether or not the portion s substantmfly complete, provided the Owner and Contractor have accepted, m wnting the rmpomibniues :m~gned to each of them for payments, remmage if any. nty, mmntenance, he-at, udiities, damage to the Wo~ and` insur- :Lace. and have agreed in writing concerning the period for cor- rection of the Wort~ and commencement of required by the Contract Documents. When the Conu-acmr considers a pothon substmqtmlly complete, the Contractor shall prepare and submit a list to the Arc~irect as provicied under Subparagraph 9.8.2. Consent of the Contractor to parted occu- pancy or use shall not be unre'a.sormbly w]tttheid. The stage of the progress of the Work shall be determined by wmten agre'e- ment between the Owner md Contractor or. if no agre=~ment is reached, by dectsion of the Architect. 9.9.2 Immediately prior to such parual occupancT or use. the Owner, Contractor and .~rchirect shall jothfly inspea the xea to be occupied or porUon of the Work to be used m order ~o oeterm~ne and record the condition of thc WorK. 9.10 FINAL COMPLETION AND FINAL PAYMENT able under thc Commc: Documents and the Contract fully per- formed, the Ar~,urect wit promptly ,..ssue a final Certificate for precedent to the Contractor's being entided to final payment have been futt'died. 9.10.2 Neither ~ payment nor any remaining fetal.ned percentage si'mil become due tmdi the Contractor submits to the A.rcfurect (1) an affudavit that payrolls, biEs for materials mci eqmpment, md other indebtednexs connected with the Work for which the Owner. or the Owner's property might be rezponsthle or encumbered (lexs amounts withheld by Owner) have been paid or othe."wtse satmfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to rmmam in force a~ter final payment is currently in effect and will not be c:mcelled or allowed to expire until at least 30 days' prior written nonce h~ been g~ven to the Owner, (3) a written statement tha= the Contractor knows of no suPstant~d reason that the tv. surance will not be renewable to cover the period required by the Contrac~ Documents, (4) consent of sureW. if any. to fin~ payment anci (5), if required by the Owner. other 0rata ~ta~lishmg payment or Satisfac:ion of obiigations, suc~ as rece:pts, m!e-ases and walvet-s of liens, c!mms, seoamy interests or encumbr'anc~ arising out of the Contract. to the e:,aent and in such form as may be dmignared Dy the O~-ner. If a Subcon- tractor refuses to furnish a rele-~se or waiver required b~.' the Owner. the Contractor ,may mmsh a bond satisfactory to the Owner to indem, mfy the Owner against such lien. if such iien remains unsatisfied a/ret payments are made. the Contrac:or shall re,Smd to the Owner all mone?' that the Owner may be compelled to pay in diso,~argthg such lien. including all costs and` re'0.sonabie attomevs' fe~. 9.10.3 tr. a/ret Subst.-mtial Completion of the Work. lint com- pledon thereof is mare:redly cieN':'ed through no fault of the Contractor or by ~ssuance of Change Orders affecting Final completion, and the Architect so confirms, the Owner shall, up6n appiicauon ~y the Contractor and certification by the .~a'c.'-lirect, and w'ir~lOUt termmaung thc Contract, make payment of the bait, ace due for that poruon of the Work fully completed anci accepted, h~ the remaining balance for Work not fdiiy cam- pie'.ed or corrected ts le~s than remmage supulated in the Con- paragrap~ .~.3.5. 9.10.4 Acceptance of final payment by the Contractor. a Sub- contractor or marer~ supplier si-~ll constitute a wmver of c:mm.s by d-mt pay~ except those previously made in writing 18 A201-1987 ARTICLE 10 PROTECtiON OF PERSONS AND PROPERTY lO,1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shaft be ~ponsibie for initmtmg, taming and supervising ali safe,~, precauuons and prog:-.,ms in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on mater=i reasonably believed to be asbestos or poiyd'llormated biphenyl (PCB) which has not beton rendered harmless, the Contractor shal/ immediately stop Work in the area affec:eci and has not been renciered harmles& The Work in the ~fec:~.ed area shall be resumed in the ab~nce of asbestos or polyohlon- _0.1.3 The Contractor shall not be required 7ursuant to polychlormated biphenyl (PCB). 10.1.4 To the fullest extent pe.,'Tn.,ined by ia,-. :he Owne: iF. al! indemnify and hold h:z,.~mless :he Contrac:cr. <-cmrec:, rec: s consuitanr_s and ;.gents and ='m, piove~ of :.mx- of m~.-~n, from and against c!aums. ~Ian,,agm. losses '~.c cxpe?.,~, mc!ual- from performanc= of the Work an me ~M'fec(e:.: .a-e-,~ if in fac: mareria/ is asbestos or poiychfunnated biphcnyl (PCBI mac not been rendered harmless, provided that -~ucn ok.urn, loss or expense is :irtribuiaPie ~o belly iniuc.., sickness. ne~igent acts or omiss;ons of the O'~-ner, :nvone ~irecth- or indirectly cmpk)yed b'~' thc Owner or anvon~ for *,'hose the Owner ma:,' be liable, rcgardl~s of Whether or not such 10.2.2 The Contractor s~all ~ive notices and comply with applicable laws. ordirmncm, rules, regulations and lawful orde~ of public authorities bearing on safe~ of persons or property or the:r prote~.~on from clamage, injur~, or toss. 10.2.3 The Contractor shall erect and maintain, as required bv existthg conditions and performance of the Contract, reasor~- able safeguards for safety and protection, mctuding posting danger sig~ and other wa.mings against ha.zards, promulgating s~ery regular, ions and notifying owners and users of adjacent 10.2.4 ',.~nen use or storage of explosives or other hazardous execut:on of the Work, the Contractor shall exerCi.~ at'host qualified personne ' 10.2.5 The Contractor shall promptly remedy Oamage and loss (other than damage or loss insured under pi'operry insurance reqmred by the Contract Documents) to property, referred to in Clauses t0 ...... and 10.2.1.3 caused in whole or in part by the directly or indirectly employed by any of them, or by anyone for whose act. s :hev may be liable ~ld ~or which the C~ntr~ctor ~ responsbe under Clauses 10._.I._ and I0.2.1.3, excent Oamage or loss atthbutabie to acts or omiss~ons of the Owner or Archite~ or anyone direcdv or indirectly employed bv be :.fable. and nor arrriburabie to the fault or n ~egligence of 10.2.$ The Contractor sbali designate a responsible member of 10.q.1 In an ~.-'mergencv affecting safety of persons or proDe:'tv ut ;in ernerg~-no, sb~ll be determln~d as provided in Paragraph -i.3 and Article 7. ' ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor sba// purchase from and mamt;m in a company or companies law~llv authorized to do business the iunsdiction in walch the Prolect is located such insurance as will protect ~c Contractor from clauns sci forth below which under :he Contract and for which the Contractor may be liable, whethzr such operations bc by the Contractor or ~v ii:iDle: .1 claims uncler workers or worKm~ $ comDensauon. ClkS~llit~, ~efit and ome~ sixalar ~--~nmove.c .2 claLms for ~,m, ages because of bodily nqjury, occupa- tional sickness or disease, or death of the Contractor's employees: .3 da/ms for damages because of bodily injur?, sickness or disease, or death of any person other th:m the Con- .4 dawns for damages insured by usuaJ personaJ injury liability coverage which ~e sustaxncd (I) by a person by another pe~on; .$ clzdms for ~arnages. other than to the Work itself. .$ ¢!amas for darrmges because of bodily miury, death of cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph I i. i. 1 shall be claims-made basis, sb~l be malmained without in[errubtion for ?aymem as required by Subparagraph 9 !0.2. inf(~rmation concermng reduction of coverage shall be furnished b?' the 11.2.1 The Owner sta:gJ bt: responsthle for purch~ing and 11.3 PROPERTY INSURANCe: 11.3.1 Unless othem'~e provided, the Owner shall purchase work. temporary buildings and deb~ temovai including demolition occnsioned by enforcement of .'my applicable Ieg~ 20 A2.01-1987 11.$.5 If durmg thc Proiect construction period the Owner msures properties, real or personal Or bom, adfoinmg or adia- cent to the site by property insumnc: under polices separate from those irmu,"mg the Project, or i/a~ter final payment prop- erW msurance is to he provided on the completed Project through a policy or policies other than those insuring the Proj- ect durmg the construction period, the Owner si'ail wave all rights in decor ~danc: ~th me terms of Subparagraph 11.3.7 for -~m-nages mused by ire or other perils covered by thru separate property insurance..MI separate policie~ shall provide this waver of subro~.tinn by endorsement or otherwtse. 11.3.$ Before an e.mposure to loss may ocoar, the Owner shall file with the Contractor a copy of e~ch policy ri'mt includes insurance coverages repmred by this Pm'-agraph I 1.3. Each policy si'mil conram all generally applicable con~ipons, de£mi- nons, exclusions and enciorsements re,rep to thts Proiect. Each policy si'mil conmm a provmion that the policy will not be cancelled or allowed to expire tmril at least 30 ~ys' prior writ- ten notice ~ been given to the Contractor. 11.3.7 Wahtem of Subrooation. The Owner and Contractor waive ail rights a~unst (1) each omer and :my of the.x subcon- tractors, sub-subcontractors, agents and employees, eacl~ of the other, and (2) the Architect, .gclmtec:'s consultants, separate contractors desc~bep un .~'dcle 6, ii any, md any of thmr suP- Owner as fiduciary. The Owner or Contractor. as appropmte, be adjusted by the Owner as fiduc,.m-3., and made payabie to the appear, suoiect to requirements of any applicable mortgagee clause and of Subparsg_mph 113.10 The Contractor shall pay bv the Contractor, and by appropriate agreements, whiten manner. 11.3.9 [f required in writing by a par~y in interest, rile Owner as fiducmry shall, upon occurrence of an msure~ loss. geve aond for proper performance of the Owner's dtlties. The cost of required bonds shm[I be charged agmnst proceeds received as fiduciary The Owner shall deposit m a separate account pro- reeds so receiveD, whicln the Owner shall dismbute in accor- procedure shall be as provided in ?amgraph 4.5. ff after such aged proper'ry :m~ be coverecl by approprmte Change Order. 11.3.10 The Owner as fiducim'5. shall dave power to adjust and settle a toss with insure~ unless one of the parties in mterest shall object in writing within five ~ys aker occurrence of loss to the Owners exercme of thks poweri if such ohjecnon be m=ae, m'bitrators sh:ill be chosen as provided in Pmmgrnph 4.5. The Owner as fiducm~' sh~, in that case, ma&e settlement with insurers in accordance with c[irecrions of such arbitrators. If distribution of msurance proceeds by arbitration is reqmrep, the m-bi[r:ltors wfl] dire~ such dJstfibutioo. 11.3.11 P:zrtml occupancy or use in ancordance with Paragraph 9.9 shall not commence until the insurance company or cpm- parers providing property insurance have consented to such p:lrtial occtlpancy or rise by endorsement or other'~vise. The Owner and the Contractor shall t~e reasonable steps to obtain consent of the insurance company or companies and shall, 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall l~ve me right to require the Contrac- tor to furmsh bonds covermg hithf~l performance of the Con- luted in bidding requu'ements or specifically required in the 11.4.2 Upon the request of any person or ennty appearing to be a potentml beneficiary of bonds covermg payment of obiiga- mrnmh 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 If a pomon of the Work is covered contrary to :he Architect's request or to reqmrements specifically expressecl in ,'he Contract Documents, it mt, tst. if requireO in writing hy the 12.1.2 if = pomon of [he W~)rk has been covered which thc Architect h~ not specific'ally requested to odscr,'z pnur ~o tts being covered, the Architect ma}' request to see such Work and it shall be uncovered by the Contractor. If such Work ,m ~n lng and replacement shall by appropriate Change OrOer. be charged to the Owner If such Work is not in accordance with the Contract Documents. the Contractor ~hall puy such costs unless the condition was caused by thc Owner or a separate 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall prompdy correct \',7ork reiected Substantial Completion and wnether or not fabricated, installed such reiected Work. including aC, dinon:zl :estmg and ~.spec paragraph 9.9.1, or by te.m'~ of~ applic~_~ie speaai warr~ry 1;'.2.3 The Contractor shaft remove from the site pomous of the Work which ate not in ac=or~ance wm~. the requ~'ements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.9.4 If the Contractor fails to covert nonconforming Work dance with Pazagmph 2.4. If L'~e Contractor does not proceed 12.2.5 The Contractor shail bmr the cost of correcting destroyed or damaged con.sL~ct~on, wheLner compie:ec or par~iafly compieted, of the ©whet or separate contractors caused by the Contractor's cotrecuon or r~mov:~ of Work which is not :n accordance ,.c,-in~ the reqmrements of the Con- 12.2.6 Nothing contained in ~ Paragraph 12.2 shall be con- sr~Jed to establish a period of limitation .~'~th respect to other obligations which the Contmctor might ~mve uncler Lhe Con- ARTICLE 13 MISC£LJ.~NEOUS PROVISIONS 13.1 GOVERNING LAW 13,1.1 The Contra~ shaft be governed by the law of the place where the Prc, ject is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respemively bind them- selves, their partners, successors, assign.s and legal representa- uves to the other parry hereto and to pa.,-~ners, successors, assigr~ and !egzd representanves Of such other par'eT in respect to covenants, agx~ements and obligations contained in the Con- tract Documents. Neither parry to the Contract shall as,sign the Contra~ a.s a whom without written consent of the other, [f either pac~,, attempts to make such an assignment without such consent, that parry shaft nevertheless remain le~'.'.~y responsible for afl obligations under the Contract. 13.3 WRif T~N NOT1CE 13.3.1 Whtten notice shaft be deemed ~o have been duty sea,ed if delivered in pe~on to the mcfividua~ or a member of the firm or endry or to an officer of the corporation for %'hich it was intended, or if delivered at or sent by regLstered or Ce~ified mail [o the I=[ business address known [o the p;lC~y g~vmg notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Dut.'es and obhgatlons Lmposea Ov me Contract Docu- ments :mc n~qts and reme~es avmiaDie mereunuer snafu De Lr 13.5 T-r-STS AND INSPECTIONS .ur:.sdicuon shaft be made at an appropriate time Unless other- aopropnate pubhc authority, and shift1 bern' :ill related costs of nonaJ ~esimg, aaspectton or approvm not ;nciuuea uric[er Suo- paragraph 13.5 1. the .~'chitect will. uoon written aumor~auon pazagrap h I5.55. under Subpara~phs I3.5.I ~nd !5.5._o rev~oJ ~ilu~e of the made nec~saO' by such ,~ailufe tnduding those of r~pea~ed 13.5.4 Required ce..mfic=zes of testing, inspeOaon or approval secured by the Contm~or md prompdy delivered to the 1,3.5.5 If the .krchitec: ,,s to obse:-v¢ tests, inspections or will do so promptly and. where prac*dc=ble, at the normal place of testing. 13.5.6 Tests or inspecno~ conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay m the Work. 13.5 INTEREST 13.6.1 Payments due ~.nd unpmd under the Contract DOCU- 1:3.7 COMMENCEMENT OF STAT1JTORY LIMITATION PERIOD 13,7.1 A5 between the Owner =nc Contractor: .1 Before Substanlk]l Completion. 3.s to acts or fmlures .2 Between Substantial Completion and Final Certifi- .3 Aller Final CertRicate for Payment..~s to acts or ance of [he fin~ Cer~ificzte for Payment. :my appii- ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contac[or may terminate the Contract if the Work is stopped for a period of 30 days through no aa or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing pomons of the Work under contract vath the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- iD, having junsdicnon; 3. an act of government, such as a declaration of nanon=l emergency, making material unavailable; .3 bec=use the Arc. hJtec[ h~ not issued a Cemfic=te for Payment and h~ not notified the Contractor of the' re:zson for withholding certification as provided in Subparagraph 9.4.1, or bec=use the Owner has not made payment on a Cemfic=te for Payment vathin the twne stated in the Contract Documents; .4 if repm'~ted suspensinrm, delays or interruptions by the Owner as described tn 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 uny 365<i~y penoa, whichever = less; or .5 the Owner has failed to furmsn to the Contractor promptly, upon the Contractor s request, re'xsonahic evidence as required by Sul~paragraph 2.2. l 14.13. ff one or' the adore re=sons e_,nsts, me Contractor may upon ~even addinonal days' v,-ntten notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven inss with respect to materrds, equipment, tools, anti consttuCtlOn eqmpmen[ and machlne~,, including rca.sonable overhmd, profit damages. 14.1.3 If the Work is stopped for n period of' bl) days through no act or fault or' the Contractor or a Subcontraczor or thmr agents or employees or any other persons performing pomons of the Work under contract with the Contractor because the Owner has persistently failed to ~illll the Owners obligauons under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractur may, upon seven additional days' written notice to the Owner and the Architect. terminate the Contract and recover from the Owner a.s provided in Subparagraph l-t. 1.2. t4.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract it- the Con[r'Jc[or: .1 persistently or repe'atedly rerhses or fails to supply enough properly skilled workers or proper materials: 3. fails to make payment to Subcont.'-acmrs for materials or tabor in accordance with the respecuve agreements be[ween the Contractor and the Subconwacturs: .3 persistently disregards taws. ordinances, or rules, reg- ulations or orders of a public authority baying lurls- diction: or .4 othe:'wme is guilty ofsuDstantial breach or'; provision of the Contract Documents. 14.2.2 When any of the aoove reasons e.xtst, the Owner. u~on A2.01-1987 23 .1 ',~e possession of the site =.nd of ~l matet-mls, equip- graph 5.4; :md .:~ Fwn.sh the Work by whatever ~-'.~ormble method the Owner may de.cra e_~edimnt. rea.sore stared in Subpara?aph 1~.2.1, the Contrac=or shall not finished. 14.2.4 If the unpmd balance of the Contmc= Sum exceeds costs of fmtshmg the Work. including compeusat~on for the Arc~i- unpaid bal~ce, the Cont.~'ctor sim/~ pay the difference to the Owner. The amount to be pal~ to the Contractor or Owner. ~ the case may be, shall be cemfie~ by the Arcmtec:. upon appii- c=uon, and th~ obligation for paymen: shall sur:lve termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.:t.1 The Owner may, w~mout mu.se, order the Contractor m writing to suspend, del~y or inten-~pt the Work in whole or in par~ for such period of time ss the Owner rn=y determine. 14.3.2..~n adiusr, ment shall be made for incre=.sez in the cost of performance of the Conmac:. including profit on the mcre'ased cost of performance, mused by suspen.s~on, de~y or mterrttp- tion. No adiusunent shall be made to the extent: penaed, debyed or intea'upted by another cause for .2 that an equitable adiusLment ts made or denied under' 14.3.3 Adjustments made m =he cost of performance may have a mum0Jly agr~d fL:ed or percentag~ fee. 24 A201-1987 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: '-- (Owner/Contracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents' do for its successors and assigns remise, release, and forever discharge the said (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues. sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in taw and equity, which against the said , and (OwnedContracdng Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. ,19 and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its this day of ,19 Attest: Principal: PREVAILING WAGE RATES A'FFACHIVlENT WAGE DETERMINATION fnr STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY 2 ) on ~OL:DA¥ =AGE. E-22B7 8-! Dr~ 5/$%96- 30/97 50 ~cs w~GES(per hour) 3rnamen~ai .......... S ~0.90 Chain LInK Fence. 30.90 =CLiD;V5: 2.50 ~ASON 5/30/96 29.25 1'01/96- 6,30/96 ~2.3C oer hr ~ 22.5C S 15.30 30/96 .............................. ;as~ ~.,..-c e~ ........................... NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgradir~, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which ne has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in wdting, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights, and the Owners representatives / counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith c~nceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the OwnedContracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor wilt include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as the Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. Each and every provision of la'.~'~and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, ddnking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time pedods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): "During (1) (2) (3) (4) (5) (6) NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. .:. the performance of this contract", the Contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. The contractor will fumish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secratar~ of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. in the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in par~ and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may requ.est the United States to enter into such litigation to protect the interests of the United States." FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Required Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a pdme contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of constr~ction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to fumish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (2) (3) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whethe_£'it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all repor[s due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covedng the delinquent period or such other period specified by the agency or the Director. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. (C Use ofreports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard : Form No. Stock 'l~umber Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENT STANDARDA All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of _8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, ro dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum alto~'able levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and subgrants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe condition~ under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants in excess of $10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or subgrantees and to assure that suspected or reported violations are promptly investigated. COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be pe~m3itted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and acoessib~e place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220--e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national odgin, (Your attention is directed to the prowslons of the State law against Discrimination which also prohibits discrimination in employment because of age); (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within th~ territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 conceming preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended Novemper 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination ~n employment including discrimination because of age, race, creed, color or national origin. JUDITH T. TEP~RY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CI,ERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 16, 1997: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids to construct a 4 ft. wide timber stairway to the beach at the end of Rocky Point Road, East Marion, N.Y., all in accordance with the NYS-DEC Permit. Southold Town Clerk September 17, 1997 JAMES C. McMAHON Administrator Telephone (516) 765 - 1892 Fax (516) 765-3136 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TOWN OF SOUTHOLD COMMUNITY DEVELOPMENT OFFICE MEMO TO: Supervisor Jean Cochran FROM: Jim McMahon SUBJECT: Rocky Point Road Meeting DATE: 9/5/1997 At your request, I chaired a meeting this morning of a group comprised of local fishermen and residents of the Rocky Point Road area. The following are the recommendations that resulted from that meeting. 1. The $outhold Police Department (TCO) should patrol the area and issue tickets to cars parked illegally, especially during the summer months. 2. The erosion at the end of Rocky Point Road should be corrected by placing a topsoil/sand mixture over the bluff and replanting the slope. 3. The Town of Southold should establish a 8' to 10' buffer along the easterly side of Rocky Point Road, from the terminus to Aquaview Ave., so cars do not to infringe on the property to the east. 4. Stairs should be installed at the end of Rocky Point Road, after recommendation #2 is completed. The stairs should be located west of the present path to the beach, in the approximate location of the "old stairs". 5. The existing 8' fence should be removed and a 4' green vinyl fence, with a gate opening, should be installed at the terminus. 6. "Parking by Permit" should be changed to "No Parking" on Aquaview Avenue. JUDrFI4 T. TERRY TOWN CLERK REGISTlq~R OF V/TAL 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 CI,ERK TOWN OF SOUTHOLD December 24, 1997 C. Terry Latham, President Latham Sand & Gravel, Inc. P.O. Box 776 Orient, New York 11957 Dear Terry: The Southold Town Board, at their December 23, 1997 regular meeting, rejected the bids for the construction of stairs and landings at the end of Rocky Point Road, East Marion, N.Y. Thank you for submitting your bid on this proposal. herewith is your 5% Bid Bond. Very truly yours, $outhold Town Clerk Returned Enclosure COLONIAL SURETY COMPANY Harrisburg, Pennsylvania BID BOND Approved by The American Institute of Architects A.I.A. Document No. A-310(Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Latham Sand And Gravel, Orient, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organ/zed under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and f'u'mly bound unto TOWN OF SOUTHOLD, SOUTHOLD TOWN HALL, SOUTHOLD, NY as Obligee, hereinafter called the Obligee, in the sum of 5% OF AMOLrNT BID ..................... for the paymem 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, fn'mly by these presents. WHEREAS, the Principal has submitted a bid for STAIR & LANDING REPLACEMENT AT END OF ROCKY POINT RD., EAST MAR/ON, NY 11939 (BUILT ON APPROXIMATELY 90' OF BLUFF) 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 Obligce 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 remare in full force and effect. Signed and sealed this 2nd day of December 1997. (Wim6ss)r --- (Wim6§s) '~ Janine E. Toner Lath~vel (Title) (Seal) COLONIAL SURETY COMPANY (Seal) Sherryan~ OePu-ro (Attorney-m-Fact) Form C200ql9 (Rev. 4/88) COLONIAL SURETY COMPANY GENERAL POWER OF ATTORNEY Know Ail Men Dy These Presents. That COLONIAL SURETY COMPANY. a corpora[~on ~uly orgamzed and ex~stmg under the taws of the An,/and All Bonds aoPointm' ent' Is-m~de unOer and ~y authorit~ of t~e following resolution a~opted by the Board of Directors or the Colonial Sufaty Companyat a meeting held on the 25th day of Juty, 1950. ;_'~ ~ecretary. ' ~: ~ COLON AL SURETY COMPANY~ Wayne Nunziata ntt~ef~tr 19 95 _beforeme . 8, notary pupil6, personal[y~appeare<~ personatl¥ known to me to be trte person who JACQUELINE BERTHELSEN NOTARY PUBLIC OF NEW JERSEY Mv Comm~bn Expires ~Dt. 8. 2000 ' - J;~cmue~ine Be~helsen NO~ Public State of New Jersey County of Bergen On this 2nd day of December .., in the year 1997, before me Alayna Baldanza, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the pers°n who executed the within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company therein named and acknowledged to me that the corporation executed it. A Nom~ puklle d' Ne~ .I~'~'Y blic in and for the y- County of Bergen State of New Jersey COLONIAL SURETY COMPANY Harrisburg, Pennsylvania - Inc. 1930 - FINANCIAL STATEMENT---DECEMBER 31, 1996 'Stocks and Bonds .................... $ 2,668,027 Cash in Office & Banks .................. 1,001,933 Accrued Interest & Dividends ............. 41,007 Premiums & Agents Balances Receivable .... 489,392 Other Assets ......................... 1,551,692 Total Admitted Assets .............. 5,752,051 LIABILITIES & SURPLUS Reserve for Unearned premiums .............. $ 803,530 Claim Resawes .......................... 773,000 Other Reserves .......................... 49,513 Collateral Held ........................... 1,386,858 CapitaJ Stock ............................ 1,000,000 Surplus ................................ 1,739,150 Total Liabilities & Surplus ............... 5,752,051 STATE OF NEW JERSEY COUNTY OF BERGEN I, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is e full, true and correct copy of the Financial Statement of said Company, ss of December 31,1996. IN WITNESS WHEREOF, I have signed this statement at Montvale, New 3ersay, this 31st dey of Jenuar~/, 1997. Jacqueline Berthelse~ A NotaW Public of New Jersey My c. mm~ Expos S~m~ & 2~0 Wayne Nunziata Pre~d=,,l. JUDITH T. TERRY TOWN C T.~.I~K 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 CI.ERK TOWN OF SOUTHOLD December 24, 1997 Patricia Panchak KJB Industries P.O. Box 488 Riverhead, New York 11901 Dear Ms. Panchak: The Southold Town Board, at their December 23, 1997 regular meeting, rejected the bids for the construction of stairs and landings at the end of Rocky Point Road, East Marion, N.Y. your bid on this proposal. Returned Thank you for submitting herewith is your 5% Bid Bond. Very truly yours, Southold Town Clerk Enclosure COLONIAL SURETY COMPANY Harrisburg, Pennsylvania BID BOND Approved by The American Institute of Architects A.I.A. Document No. A-310(Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we KJB INDUSTRIES INC. DBA EAGLE ASPHALT MAINTENANCE, Riverhead, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and fn-mly bound unto Town of Southold, Southoid, NY as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid ........................ for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firm/y by these presents. WHEREAS, the Principal has submitted a bid for Stair & Landing Replacement at the End of Rocky Point Road NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall eater 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 Docmnents 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 m the event of the failure of the Prin~xpal m enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the differeace 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, rhea this obligation shall be null and void, otherwise to rem in full force and effect. Signed and sealed this 1st day of December 1997. (Witness) / ,~w~tness) Erinn Finnegan Form C200-/19 (Rev. 4/88) KJB INDUSTRIES INC. DB~A EAGLE ASPItALT / (PrinCipal) (Seal) (Title) COLONIAL SURETY COMPANY (Seal) ~~ttomey-in-Fact) COLONIAL SURETY COMPANY GENERAL POWER OF ATTORNEY Know Afl Men 0¥ These Prasent$, That COLONIAL SURETY COMPAN~ a corpol~t~on nu~y organtzeci and existing Jnder the laws of tile Commonwealth of Penns¥1vam& and having en Adrmn~strahve Office m Montvale. Bergen County. NJ does by tf~se oresents mai(e, constitute and Any end All Bonds - JACQUEUNE 8ERTHELSEN A NOTARY PUBLIC OF NEW JERSEY Mv Commission Exoires Sept. ,2, 2000 COLONIAL SURETY COMPANY State of New Jersey County of Bergen On this 1st day of December , in the year 1997, before me Alayna Baldanza, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the person who executed the within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company therein named and acknowledged to me that the corporation executed it. Ala~lla Baldama A Notary P,11die of New My Co......i.sioa Exl, lms Sel, U~ber 2. Notary Public in and for the County of Bergen State of New Jersey COLONIAL SURETY COMPANY Harrisburg, Pennsylvania - Inc. 1930 - FINANCIAL STATEMENT--DECEMBER 31, 1996 ASSETS 'Stocks and Bonds .................... $ 2,668,027 Cash in Office & Banks .................. 1,001,933 Accruec~ Interest & Dividends ............. 41,007 Premiums & Agents Balances Receivable .... 489,392 Other Assets ......................... 1,551,692 Total Admitted Assets .............. 5.752,051 LIABILITIES & SURPLUS Reserve for Unearned Premiums .............. $ 803,530 Claim Reserves .......................... 773,000 Other Reserves .......................... 49.513 Collateral Held ........................... 1,386,858 Capital Stock ............................ 1,000,000 Surplus ................................ 1,739,150 Total Liabilities & Surplus ............... 5,752,051 STATE OF NEW JERSEY COUNTY OF BERGEN I, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31.1996. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 31st day of January, 1997, Jacqueline Berthelsen A Notar~ Public of New Jersey Wayr~ Nunzlata President Not~ Public 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 Southo]d, 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 DECEMBER 23, 1997: RESOLVED that the Town Board of the Town of Southold hereby ~-i~cts all bids for the construction of stairs and landings at the end of Rocky Point Road, East Marion, N.Y. Judith T. Terry Southold Town Clerk December 2~, 1997 INVITATION TO BIDDERS: STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY November 13, 1997 SOU'I'HOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC. N.Y. INDEX TO SPECIFICATIONS INVITATION TO BID & BIDDING REQUIREMENTS PROJECT DESCRIPTION INSTRUCTION TO BIDDERS PROPOSAL FORM STATEMENT OF NON-COLLUSION BID BOND OFFER OF SURETY GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION GENERAL RELEASE PREVAILING WAGE RATES NON-DISCRIMINATION CLAUSE & COMPLIANCE WITH LABOR LAW INVITATION TO BID Project: Construction of Stairs and Landing at the end of Rocky Point Road, East Marion, NY The Town Board of the Town of $outhold will receive bids for furnishing all of the labor, materials and equipment as required for the construction of the stairs and landings at the end of Rocky Point Road, East Marion, NY, in accordance with the plans and specifications prepared by Sames A. Richter, R.A., Southold town Engineering Department, Peconic Lane, Peconic, NY. Bids will be received at the Office of the Southold Town Clerk, Southoid Town Hall, 53095 Main Road, Southold, NY 11971, until 10:00 a.m., Thursday, December 4, 1997. All specifications are provided herein: drawings to be attached. A fee of ten ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. '~ This invitation to bid is not an offer and shall in no way bind the town of Southoid to award a contract for performance of the project. Should the Town of $outhold decide to award a contract, it shah be awarded to the lowest responsible bidder. The Town of Southoid reserves the fight to waive any informalities and reject any or ah bids and to retain bids for 4~ days from the date of receipt. The CON'I'If, ACTOR SH~LI. NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid BOnd in the mount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: November 13, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southoid Town Clerk PROJECT DESCRIPTION CONSTRUCTION OF STAIRS ,&. LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY This project includes the construction of a set of stairs and landings at the end of Rocky Point Road, East Marion, NY, as outlined in the Stair & Landing Details, enclosed. Requests for further information and all inquires should be directed to the Office of the Engineer of the Town of Southold, at 765-3070 Attention: James A. Richter, R. A. 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, payable 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 ali 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 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. 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 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. 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. 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 is 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: The end of Rocky Point Road East Marion, NY 11939 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 STAIRS AND LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY 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 i~ words) ' ~ (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements 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 ~~od. Signature of Bidder: Business Address: Telephone Number: "77 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge a'~:t belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. 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.o.._--t-~,.,,~,. ~ ~.~ v~ c~- ~ ~",r ~,.,¢ ~_ I ~-~,,¢__ . be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD, EAST MARION, NY and to include in such bid or proposal the certificate as to non-collusion required by section one~hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1969 Ch. 751, Sec. 10;~-d, as amended effective September 1, 1969 COLONIAL SURETY COMPANY Harrisburg, Pennsylvania BID BOND Approved by The American Institute of Architects A.I.A. Document No. A-310(Feb. 1.970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Latham Sand And Gravel, Orient, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth, of Pennsylvania, as Surety, hereinafter called the Surety, are held and f'mnly bound unto TOWN OF SOUTHOLD, SOUTHOLD TOWN HALL, SOUTHOLD, NY as Obligee, hereinafter called the Obligee, in the sum of 5% OF AMOUNT BID ........................ for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for STAIR & LANDING REPLACEMENT AT END OF ROCKY POINT RD., EAST MARION, NY 11939 (BUILT ON APPROXIMATELY 90' OF BLUFF) NOW, THEREFORE, if the Obiigee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the mount specified in said bid and such larger amount for which the Obligee may in good faith contract with another 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 2nd day of December 1997. (Witness) Janme E. Toner Lath~v~el (Title) COLONIAL SURETY COMPANY · Sherryanffe DePirro (Attorney-in-Fact) (Seal) (Seal) Form C200-119 (Rev. 4/88) GENERAL POWER OF AT~'ORNEY Arty and All Bonds ~neez;qG herd on t~ 25th day of Ju. 95( JACQUELINE BERTHELSEN A NOTARY PtJBE;C OF NEW JERSEY MV Commission Expires Sept 8. 200C Notary Pubtic State of New Jersey County of Bergen On this 2nd day of December ,, in the year 1997, before me Alayna Baidanza, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the person who executed the within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company therein named and acknowledged to me that the corporation executed it. Alayna Baidanz~ A Notary Public of Nc.w Jegsey My Commi,~sioa Expi~s Selmaaber 2, 2002 Notaryrublic in and for the .~ County of Bergen State of New Jersey COLONIAL SURETY COMPANY Harrisburg, Pennsylvania - Inc. 1930 - FINANCIAL STATEMENT--DECEMBER 31, 1996 ASSETS 'Stocks and Bonds .................... $ 2,668,027 Cash in Office & Banks .................. 1,001,933 Accrued Interest & Dividends ............. 41.007 Premiums & Agents Balances Receivable .... 489,392 Other Assets ......................... 1,551,692 Total Admitted Assets .............. 5.752,051 LIABILITIES & SURPLUS · Reserve for Unearned Premiums .............. $ 803,530 Claim Reserves .......................... 773,000 Other Reserves .......................... 49,513 Colleteral Held ........................... 1,386,858 Capital Stock ............................ 1,000,000 Surptus ................................ 1,739,150 Total Liabilities & Surplus ............... 5,752,051 STATE OF NEW JERSEY COUNTY OF BERGEN SS..' I, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31,1996. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 31st day of January, 1997. Jacqueline Bertheisen A Notary Public of New Jersey Wayne Nunziata President n / No~0j Public THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A3'IO Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we as Pnnc~pal, hereinafter ca le~ the Pr nc pal aaa [Here insert fuji name and address or legal title o~ Surety) a corporation duly organized under the laws o~ the S~ate of Pe.~ ~ ~J vc~ ~ ,~ as SureW, hereina6ter called ~he Sure~, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of~ Dollars ($~ .E~O.o~ ), for the paymen~ of which sum weU and truly to be made, the said Principal and the said Sure~, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presenS. ~HE~EAS, the Principal has submitted a bid for NOW, THERIEFORE, if the Obligee shall accept the bid of the Pi'incipal 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 ~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 difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this ~ "'~ day of~ c-c~_.,.,~a ~-~-~ 19 of "/ GL~ ~.~ / (Principal) ' (WRness) ~ P C_ ~ ~ ~*,-X~ (Tide) (Witness) (Surety) ~ o ot (Seal) (Title) AIA DOCUMENT A310 · BID BOND · AIA ~ · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 3735 N.Y. AVE., N.W., WASHINGTON, O.C. 20006 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURE-I"~ COMPANY ~ I 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 ~,~.qq-~,~-~ ~-~,~ c~ ~ ~'~'-.o, ( the ~ I o~,,, o~ I ~'~.~.¢ ~ -F ~/ ~-- ~ (Bidder's Name) (Surety Company/) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. T ,H E A M E R I C . N I N S T I T U T E OF ARCHITECTS AIA Document A201 General Conditions of the Contract for Construction THIS DOCLg, IENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULT,4TION WITH AN A 7~ORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5, SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9, PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14, TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915. 1918, 1925, 1937, 1951, 1958, 19~1. 1963, 1966, lt~7. 1970. 1976. ~1987 by TheArnerican InstituteofArchRects, [73~ New York Avenue. N.W., Washington. D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. l~l& [X}CUM~IT ~201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMER CAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200(R, WARNING: Unlicensed photOCOpying violates U.S. copyrfght laws and is subject to legal prosecution. A201-1987 I INDEX Acceptance of Nonconforming Work ......... 9.6.6, 9,9,3, 12.3 Acc8881o Wor~ ........................... 3.16,6.2.1, 12,1 Accident Prevent:on ............................. 4.2,3, 10 Acts and Omissions . . , 3.2,1,3.2.2, 3.32, 3.12,8, 3.18, 4.2.3, 4.3.2, Additional Inspections and Testing ....... 4,2.6,9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3,6,4,3.8,4.3.9,8.3.2 ADMINISTRATION OF THE CONTRACT ..... 3.3.3,4,9.4,9.5 Advertisement or Invitation to Bid ..................... 1.1.1 Aesthetic Effect ......................... 4.2.13, 4.5.1 Allowances .............................. 3.8 All-dsk Insurance .......................... I 1.3,1,1 Approvals .... 2.4, 3 33, 3.5, 3.10.2, 3.12,4 through 3.12.8, 3.18.3, Arbitration 4.1.4, 4.3.2.4.3.4, 4.4.4, 4.5, Architect 4.1 Architect, DC finitio n o~ .......................... 4,1,1 Architect, Extent o f Authority ....... 2.4~ 3.12.6, 4.2, 4,3.2, 4.3,6, Architect, Limitations o f Authority and Responsibility. 3.3.3, 3A2.8, Architect's Additional Services and Expenses ....... 2.4,9.8.2, Archtiect'a Administration of tha Contract ........ 4.2,4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Authority to Reject Work 3.5A, 4.2.6, 121.2, 12,2.1 Architect's Copyright ......................... 1.3 Architect's Inspections 4.22,42.9,4.36,9.4.2,98.2, Architect'sInstructions . 4.2.6,4.2.7,4.2.8,4 3 7,7.'LI, 12.1, 135.2 Architect's Interpretations 42. I 1,4.2.12, 4.3.7 Architect's On-Site Observations .... 4.2.2, 42.5, 4.36, 9.4.2, Architect's Project Representative 42.10 Architect's Relationship with Contractor ..... 1.1.2, 32 1,32.2. Architect's Relationship with Subcontractors I. 1.2, 4.2.3, 4.2.4, Architect's Rep resent atio ns 9 42.9.5.1,9 [0.1 Architect's Site Visits a,2.2, 4.2.5, 4.2.9, 4.3.6, 9.4.2, 9.5.1, 98.2, 9.9.2. 9.10.1, [3.5 Asbestos [ O. I Attorneys' Fees ............... 3.18.1,9.10,2, 10.1.4 Award o f Separate Contracts ......................... 6.1.1 Award o1 Subcontracts and Other Contracts for Portions of the Work ...................... 5.2 Basic Definitions 1.1 Boiler and Machinery Insurance ................ 11.3.2 Bonds, Lien ..................................... 910.2 Bonds, Performance and Payment .... 7.3,6,4,9.10.3, 11.3,9, 11,4 Building Permit .................................... 3.7.1 Capitalization ...................................... 1.4 Certificate of Substantial Completion .................... 9.8.2 Carllflcates for Paymant ....... 4.2.5, 4.2.9, 9.3.3, 9.4, 9,5, 9.6.1, Certificates o f Inspection, Testing o r Approval ..... 3.12.11, 13.3.4 Certificates o f Insurance .................. 9.3.2,9.10.2, 11.1.3 Change Orders, De finitio n of ..................... 7.2.1 Changas .......................................7.1 CHANGES IN THE WORK .... 3.11,4.2.8,7,8.3.1.9.3.1.1, 10.1.3 Claim, Definition of ..........................4.3.1 ClaIms and Dlaputas ............ 4.3,4.4.4.5,6.2.5,8.3.2, Claims and Timely Aase~lon of Claims .............. 4.5.6 Claims for Additional Cost ....... 4.3 6, 4.3.7, 4.3.9, 6.1.1, 10.3 Claims for Additional Tlma ............ 4.3.6, 4.3.6, 4.3.9, 8.3.2 Claims for Concasled or Unknown Conditions ........... 4.3.6 Claims for Damages... 3.18, 4.3.9, 6. l.t, 6.2.5, 8.3.2, 9.5.1.2, lO.l.4 Claims Subject to Arbit ration ............ 4.3.2, 4.4.4, 4.5,1 Clashing Up ................................ 3.15,6.3 Commancament of Statutory Limitation Period ......... Commencement of the Work, Conditions Relating to ....... 2.1.2, Commencement of the Work, Definition of ........... 8.1.2 Communications Facilitating Contract Administration .................. 3.9.1, 4.2.4, 5.2.1 Completion, Conditions Relating to ....... 311,3.15,4.2.2,4.2.9, COMPLETION, PAYMENTS AND .................... 9 Completion, Substantial ......... 42,9, 4.3.5.2, 8.1.1,8.1.3, 8.2.3, Compliance with Laws ...... 1.3, 3.6, 3.7, 3 13, 4.1 1, 10.2.2, 11 .I, Concealed or Unknown Conditions .............. 4.3.6 Conditions of the Contract .............. 1.1.1, 1.I.7, 6.1.1 Consent, Written .............. [.3A, 3.12.8, 3.14,2, 4,1.2, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ...................... 1.1.4,6 Construction Change Directive, Definition of ........ 7.3.1 Const ruction Schedules, Contractor's .......... 3,10,6.13 Contingent Assignment of Subcontracts ......... 5.4 Continuing Contract Performance .......... 4,3.4 Contract, Definition of 1.12 CONTRACT, TERMINATION OR SUSPENSION OF THE ............ 4.3.7, 5.4.1.I, 14 Contract Administration ................. 3.3.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3 7. I, Contra~t Docum~rlts, Th8 ................ 1.1, 1.2.7 Contract Documents, Copies Furnished and Use of. 13, 2.2.5, 5.3 Contract Documents, Definition of .................. 1.1,1 Contract Performance During Arbitration ......... 4.3.4,4.5.3 Contrsct Sum ................ 3.8, 4.36, 4.3.7, 4.4.4, 5.2.3, Contract Sum, Definition of ......................... 9,1 Contract TLme, DatinlUon o~ ........................ 6.1.1 2 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©1987THEAMERICANINSTITUTEOFARCHlTECTS, 1735NEWYORKAVENUE, NW,WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright lav~ and i$ su~-'t t~ legal prosecution. CONTRACTOR ....................................... 3 Contractor, DeflniUon o f ......................... 3.1,6.1.2 Contrector'e Con.traction Scheduler ............ 3.10,6:1.3 Contrector'8 Liability Irmurance ...................... 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6,3.12.5,3,14,2,4.2.4,6, 12.2.5 Contractor's Relationship with Subcontractors ....... 1,2,4, 3,3.2, Contractor's Relationship with the Architect .... 1. 1.2, 3.2.1, 3.2.2, Contractor's Responsibility for Those Performing the Work ......... 3.3.2, 3.18, 4.2.3, 10 Contractor's Review of Contract Documents 1,2,2.3.2.3.73 Contractor's Right to Stop the Work ..................... 9.7 Contractor's Right to Terminate the Contract ........... 14.1 Contractor's Superintendent ............... 39, 10.2.6 Contractor's Supervision and Construction Procedures .... 1.2.4, 3.3. 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Contractual Liability Insurance ........... 1 I. 1.1.7, 11.2.1 Coordination and Correlation ......... 122. 12.4, 3.3.1. Copies Furnished of Drawings and Specifications . . . 1.3,2.2.5,3.11 Correction of Work 2.3, 2,4, 4,2,1,9.8.2, Cost. Definition of ...................... 7.3.6, 14.3.5 Costs 2.4, 3.2 1.3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1, 5.2,3, Cutting and Patching .................. 3.14,6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, Damages for Delay 6.1.1,8.3.3, 9.5,1.6, 9.7 Date of Commencernent of the Work, Definition of ........ 8.12 Date of Substantial Completion, Definition o f ........ 8.1.3 Day, Definition of 8.1.4 Decision8 to Withhold CerUflcation ...... 9.5,9.7,14.1.13 Defective or Nonconforming Work, Acceptance, Rejection and Correction of .......... 2.3,24.3.5.1,4.2.1, 4.2.6. 4.3.5, 9.52, 98.2, 991, 10.2.5, [2, 137.13 DefecPve Work. DefiniPon of 3.5.1 Disputes .......... 4.1.4.4.3, -L4, 45, 6.2.5, 6.3.7.3.8.9.3 12 Documents and Samples at the Site ................. 3.11 Drawings, DelqniOon of ........................ 1.1,5 Drawings and Specifications. Use and Ownership of ..... 1.1.1.1.3, Duty to Review Contract Documents and Field Conditions ..... 3.2 Effective Date of Insurance ..................... 8,2,2, I I. 1.2 Eme~geccles ............................... 4.3,7, 10.3 Employees, Contractor's ......... 3.3.2,3.4,2,3.8.1,3.9,3.18.1. Equipment, L~bor, Materials and ......... 1.1.3, IA.6, 3.4, 3.5 1. Execution and Progress of the Work ....... 1.1.3, 1.2.3, 3.2, 3.4.1, 3.5,1, 4.2.2, 4.2.3, 4.34, 4.3.8. 6.2.2, 7A.3. Execution, Correlation and Intent of the Contract Documents ..................... 1.2, 3.7.1 Extensions of Time .......... 4.3.1~ 4.3.8, 7.2.1.3, 8.3, 10.3.1 Failure of Payment by Contractor ....... 951.3, 14.212 Failure of Payment by Owner ......... 4.3.7,97, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Financial Arrangement s. Owner's ............. 2.2.1 Fire and Extended Coverage Insurance 1 l 3 GENERAL PROVISIONS .................... 1 Governing Law 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials 10. I, 10.2.4 Identification of Contract Documents ................ 1.2.1 Identification of Subcontractors and Suppiiers ........ 5.2.1 Information and Services Required of the Owner ..... 2.I.2,2.2, Injury or Damage to Person or Property 4.3.9 Inspections ................ 333.3.3.4, 3.7 l, 4,2,2, Instructions to Bidders I. 1.1 Instructions to the Contractor 38.1.4.28. 52.1.7, 12.1, 13.5.2 Insurance ...... 4.3.9.6.1. I, 7.3.6.4.9.3.2, 9.82.9.9 1,9 1 {),2, 11 Insurance, Boiler and Machinery 11.3.2 Ingu rance, Contractor's LMbility 11.1 Insurance. Effective Date of 8.2.2. 11. 1.2 In~rgn¢8, Lo$8 of U~e .......... 11.33 Insurance, Owner's Liability 11.2 Insurance, Property 10 2.5, 11.3 Insurance, Stored Materials 932. 11.3.1.-~ INSURANCE AND BONDS 11 Insurance Companies. Consent to Partial Occupancy . 99,1. 11,3 1 l Insurance Companies. Settlement with 11.3.10 Intent of the Contract Documents 1.2.3, 3 12-L Intereet 13.6 Joinder and Consolidation of Claims Required ...... 4.5.0 Judgment on Final Award 4.5. I, 4.5,4.1,4.5.7 LaborandMateHaia, Equipment . 1.[.3, 1.16,3.4, 35.[.3.8.2, Labor Disputes 8.3.1 Laws and Regulations ....... 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.5.5, 4.5.7. Liens ................ 2.1.2, 4.32, 4.3.51,822.9.3.3, 9.10.2 Limitation on Consolidation or Joinder ......... 4.5.5 Limitafions. Statutes of .............. 4.5.4.2. 12.2.6. [3.7 AIA DOCUMENT A201 * GENEI~.L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AiA* ' © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W, WASHINGTON, D C. 20006 WARNING: Unlicense~ photocopying violates U.S. copyright law~ and is subject to legal prosecution. A201-1987 3 Lo$$ of U~e Inaursnce .................... 11.a.a Materials, Hazardous .................. 10.1, 10.2.4 Materials, Labor, Equipment and .... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 7.3.6, 93.2, 9.3.3, 12.2.4, 14 Means, Methods. Techniques. Sequences and Procedures o f Const ruction ....... 3.3.1,4.2.3,4.2,7,9.4.2 Minor Changes in the Work ........ 1. I. 1, 42.8, 4.37, 7.1,7.4 MISCELLANEOUS PROVISIONS ..................... 13 Modifications, DefinRion o f .................. . 1.lA Mutual Responsibility ....................... 6.2 Nonconforming Work, Acceptecns of .............. 12.3 Nonconforming Work, Reiection and Correction of ...... 2.3.1, Notice 2.3, 2 4, 3.2. l. 3.2.2, 3.7.3. 3.7 4, 3.9, 3.12.8. Notice o f Testing and Inspect:ohs 13.51, 13.5.2 Notice to Proceed 82.2 Notices, Pem~its, Fees and 223, 3.7, 3.13, 7.3.0.-~. 10.2.2 Observations. Architects On Site .......... Observations. Contractor's 12.2, 3.22 Occupancy 906,98.1,99, 11.3.11 On-Site Inspcc0ons by the Architect ...... 4.2.2.4.2.9.4.36. 94.2, 982, 9.9.2, 910 l On Site Observations by the Architect 4.2.2, 4.2.5, 436. Orders. Written 2.3, 39, 437, 7, 8.2.2. I 1.3.9. 12.1, OWNER 2 Owner. Definition of 2.1 Owner, Information and Services Required of the 2. l 2, Owner's Financial Capability 2.2.1, 14.1.1.5 Owner's Liability Insursnce .................. 11.2 Owner's Loss of Use Insurance ............... 11.3.3 Owner's Relationship with Subcontractors ........... l.I 2, Owner's Right to Carry Out the Work ....... 2.4, 12.2.4, 14.2.2.2 Owner's Right to Clean Up ......................... 6.3 Owner's Right to Perform Construction and to Award Saperste Contrscts .................... 6.1 Owner's Right to Stop t~e Work ............ 2.3,4.3.7 Owner's Right to Suspend the Work ................. 14.3 Owner's Right to Terminate the Contract ................ 14.2 Ownership and Use of Architect's Drawings, Specifications Partial Occupancy or Use .......... 96.6,9.9, 11.311 Patching, Cutting and 3.14, 6.26 Patentu, Royaltlse and 3.17 Payment, Applications for 4,2,5,9,2,9.3,9.4, Payment, Certificates tur 42% 4.2.9, 9.3.3, 9.4, 9% Payment, Failure of 437, 9.5.13. Payment. Final 4.2.1.4.2.9, 4.3.2, 4.35, 9.10. I I 12. Payment Bond, Performance Bond and 73.64, Payments, Progress 4.3.~, 93, 9.6. PAYMENTS AND COMPLETION 9, 14 Payments to Subcontractors 5.4.2, 9.5.1,3, PCB 101 Perf~)rmance Bond and Payment Bond ........ 73.6.4, Permits, Fsea and Nofices .... 22.3,3.?,3.13,7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ........ 10 Polychiorinated Biphenyl ................. 10.1 Product Data, Definition o f ................... 3.12,2 Product Dats and Samples, Shop Drawings 3.11,3.12, 4.2.7 Prcgrsse and Complefion a.22, 4.34,8.2 Progress Payments 4.3.4, 9.3, Project, Definition of the 1.1.4 Pre}act Manual, DefinOion ofthe 1.1.7 Project Manuals 2.2.5 Proiect Representatives 4.2.10 PROTECTION OF PERSONS AND PROPERTY 10 Rejection of Work 35.1, ~.26. 12.2 Releases o f Waivers and Liens 9102 Representations I 2.2.351,312-. Representatives 21.1.31.1.30. Resolufion of Claims and Disputes 4.4, ~.5 Responsibility for Those Per t~>rming the Work ...... 3.3.2. Review of Contract Documents and Field Conditions by Contractor,. I 2.2, 3.2, 3.7.3.3.127 Review of Contractor:s Submittals by Owner and Architect 3.1{11.3.10.2,3.11,312, 4.2.7. q.2.9. 52.1, 52.3, 9.2, 982 Review of Shop Drawings. Product Data and Samples by Contractor 3.125 Royaltlse and Patents 3.17 4 A201-1987 AIA DOCUMENT ~gl}l * GENEP~L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. KW. WASHINGTON, D C 20006 WARNING: Unlicensed photocapying vlollae~ U.S. copyright laws and Is subject to legal prosecution. Rulee end Notlce~ for Arbitration ..................... 4.5.2 Safety of Per~ons end property ................... 10.2 Safety Precautlone end Programs ......... 4.2.3, 4.2.7, 10.1 Samples, Definition of ......................... 3.12.3 Samples, Shop Drawings, Product Data and 3.1 1,3.12, 4.2.7 Semple~ at the Site, Documents and ................ 3.11 Schedule of Veluee ....................... 9.2, 9 3.t Schedules, Const caction ............................ 3,16 Separate Contracts and Contractors ........ 1.14, 3 14.2, 4.2.4, Shop Drawings, Definition of .................... 3.12.1 Shop Drawings, Product Data and Samples 3.11.3.12,4.2.7 Site, Use of 3.13,6.1.1.621 Site Inspections . 12.2.33.4, 4.2.2.4.2.9, 4.3.6.98.2, 9 IO. I, l 3'3 Site Visits, Architect's 4.2.2,4.2.5,4.2.9,4.36. Special Inspections and Testing ........ 4.2.6, 12.2.1, 135 Statutes of Limitations 45.4.2, 122.6. 13.7 Stopping the Work ......... 2.3, 4.3.7, 9.-, 10.1.2. 10.3, Stored Materials 6.2.1,932, I1/.2.12. lt.314, 12.2.4 Subcontractor. Definition of 5.1. SUBCONTRACTORS 5 Subcontractors, Work by ....... ! .2.4.3.3.2.3.12. 4.2.3, 5.3, 5.4 Subcontractual Reletlone 5.3, ~.4, 9.3.12, 9.6.2, Substanlial Completion, Definition of 9.fl. 1 Substitution of Subcontractors 52.3. $.2.4 Successors and Assigns 13.2 Superintendent 3.9, ]u26 Supervision and Construction Procedures 1.2.~, 3.3, Suspension by the Owner for Convenience ............. 14.3 Suspension of the Work ............. 4.3.7.5.4.2, 14.1.1.4, 14.3 SuspeBsion or Termination of the Contract ...... 4.3.7, 5.4.1 1, 14 Taxee ................................ 3.6, 7.3.6.4 Termination by the Contractor ....................... 14.1 Termination by the Owner for Cause ........... 5.4.1.1.14.2 Termination of the Architect ....................... 4[.3 Termination of the Contractor ....................... 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Teats and Inspections 3.3,3,4.2.6,4.2.9,9.4.2, t2.2.1,13.5 TIME ................................. 8 Time, Delays and Extensions of .......... 4.38,7.2.1,8.3 Title to Work ........................ 93.2.9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unit Prices 7. I.4, 7.3.3.2 Use of Documents ........... 1.1.1,1.3,2.2.5,3,12.7,5.3 Uaeof$1te ..................... 3.13,6.1 1,6.2.1 Values, Schedule of ......................... 9.2,9.3.1 Waiver of Claims by the Architect ............ 15.4.2 Waiver ofClaimsby the Contractor ...... 9 10.4, 11.37, 13.-L2 Waiver of Claims by the Owner ........ 4.3.5, 4.5.1.9.93. Waiver of Liens 910.2 Waivers of Subrogation ............. 6.11. 113.5, 11.3.7 Warraoty and Warranties 3.5, 4.2.9, 43.5.3, 9.33+ 98.2,99.1, 12.2.2. 13.'.13 Weather Delays ............................ ~.3.8.2 When Arbitration May Be Demanded .......... 4.5.4 Work. Definition of 1 1.3 Written Interpretations ~211.42.12.~3 ~ Written Orders 23, 39.4.3.-, AIA DOCUMENT A~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W. WASHINGTON. D.C. 2110<)6 WARNING: Unlicensed photocopying violates U.S. copyright la.hi and I. subject to legal prosecution. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement 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 Contract, A Modifi- cation is (I) a wdtten amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the 3gchitect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements), 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship o f any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor, The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties, 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes ali other labor, materials, equipment and services provided or to be provided by the Contractor to fi~lfill the Contractor's obligations. The Work may constitute the whole or a part of the Project, 1.1.4 THE PROJECT The Project is the total constroction of which the Work per- formed under the Comract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.S THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams, 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- merit, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not s~gn all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.9.9 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- merits of the Contract Documents. 1.~).3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.9.4 Organization of the Specifications into divisions, sections and axticles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by a. ny trade. 1.9.$ Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings, 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instmments 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 compIetion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~ 1987 THE AMERICAN iNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, DC, 20006 WARNING: Unlicensed photocopying violates U.S. copyflght laws and is subject to I.gal prosecution. Work without the specific written consent of the Owner and Architect, The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects, 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre* quently omit modifying words such as "all" and "any" and arti- ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is ~he person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract, [Note: Unless such reasonable eridence ~,ere f;t~-nishecl on request prior to the execution of the Agreement, the prospective contractor would not &e 2.2.2 The Owner shall ~rnish surveys describing physical of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility shall secure and pay for necessary approvals, easements, a~ess- ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control 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 Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Azticle 1 1 (Insurance and Bonds), 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails tu correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently falls to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and f.~ils within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and prompmess, the Owner may ~ter such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an approptiate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amoums, the Contractor shall pay the difference tu the Owner. ARTICLE 3 3.1 CONTRACTOR DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. AIA DOCUMENT A201. · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® = © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 200oo WARNING: Unlicensed photocopying violates U,S. copyright lav~ and i$ subject to legal prosecution. A201-1987 7 3.2 REVIEW OF CONTRACT, DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall qareinily study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a 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 attributable costs for correction. 3.2.2 The Contractor shalI take field measurements and verify held conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perfi)rm the Work in accordance with the Contract Documents and submittals approved pur- sumat to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, method.s, techniques, sequences and procedures and for coordinating all portions of thc Work under the Con- tract, unless Comract Documems give other specific instruc- tions concermng these matters. 3.3.2 The Contractor shall be responsible n) the Owner li)r acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons perft)rming 3.3.3 The Comractor shall not be relieved of obligations to per- approvals required or pcrt~)rmed by persons other than the 3.3.4 Thc Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract ti) deter- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay tklr labor, materials, equip- rated or to bc incorporated in the Work, 3.4.2 The Contractor shall enforce strict discipline and good carrying out the Contract. The Contractor shall not permit assigned to them. 3.6 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under'the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, thc Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bicLs are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by taws, ordinances, rules, regulatit)ns and iawftll orders of public authorities bearing on performance of the Work. 3.?.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and roles and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notifT the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modificatk)n, 3.7.4 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 fi~il responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by alk)wances shall be supplied tk)r such amounts and by such persons or entities as the Owner may direct, but the Contractor 3.8.2 Unless otherwise provided in the Comract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ' FC~URTEENTH EDITION A[A® · ©I987THEAMERICAN[NSTITUTEOFARCHITECTS, [735NEWYORKAVENUE, NW~WASHINGTON, D.C 200iRa WARNING: Unlicensed photocopying violates U.S. copyright lave and i$ $ubiect to legal prosecution. .3 Contractor's costs for unloading and ha~diing at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (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 Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ lng. Other communications shall be similarly confirmed on written request in each ca.se. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor. promptly at, er being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's The schedule shall not exceed time limits current under the Coraract Docdments. shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- 3.10.2 Tile Contractor shall prepare ~nd keep current, fbr the Architect's approval,'a schedule of submittals which is coordi- schedules, 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during constructk)n, and in addition approved Shop Drawings, Prod- uct Data. Samples and similar required submittals. These shall be available to the Architect and shall be delivered u) 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 m-c drawings, diagr:uns, schedules and other data specially prepared for the Work by thc Contractor or 3.12.2 Product Data are illustrations, standard schedules, per- 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which thc Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples 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.$ The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- 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. 3.12.0 The Contractor shall perform no portk)n of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar subminals, the Contractor represents that the Contractor ha~s determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents, 3.12.8 The Contractor shall not be reheved of responsibility for deviatk)ns from requirements of the Coraract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically intk)rrned the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be ings, Product Data, Samples or similar submittals by the Archi- 3.12.9 Tile Contractor shall direct specific attention, in writing tile Arcbitect on previous submittals. 3.12.10 Informational submittals upon which the Architect is 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- 3.13 USE OF SITE 3.13.1 The Contractor shall confine operanons at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible fbr cutting, fitting or patching required to complete thc Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~ [987 THE AMERICAN iNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, DC 20000 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to/egal prosecution. A201-1987 9 Owner or a separate contmctoP-except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor stroll not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- lng area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever Iocated. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect hamaless from loss on account thereof, hut shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement ora patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect, 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itsell) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.15.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly empIoyed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18,3 The obligations of the Contractor under this Paragraph 3.18 sha~ not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of (1) the preparation or 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 Architect is the person lawfully licensed to practice architecture, or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not he restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld, 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no re~onable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall Be subject to arbitration, 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 Thc Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during constroction, (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 Architect 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 be required to make exhanstive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work, 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 AiA DOCOMEHT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® ~* ©I987THEAMERlCANINSTITUTEOFAECHITECTS, 1735NEWYORKAVENUE. N.W.,WASNINGTON. D.C.20006 WARNING: Unllcen~ photocopying violates U,S. copyright law~ and is subject to legal p~osecution. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Fecilit8fing Contract Admlni~tr~ lion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Cormmunications by and with the Architect's consultants shall be through the Architect. Commu- nicarions by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.$ Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed, However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contraclor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings. Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the 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 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Comractor, and wilI issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.t0 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the A~'chitect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable prompmess and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in complimace with this Paragraph 4,2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim, 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date fin-':] payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted, The decision by the Architect in response to a Claim shaiI not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4,4,4 within 30 days after the Claim is made. (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time limit8 on Clelmg. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©I987THE AMERICAN[NSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW,WASHINGTON, D C 2OOI}6 WAI~NING: Unlicensed photocopying vial~t®~ U,S. copyright law~ and M ~ubject to legal prosecution. A201-1987 11 4.3.4 Continuing Contract Performance. Pending lmal reso- lution of a Claim inciuding 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 Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 Iiens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concesled 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 unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the obset-cing party shall be given to the other party promptly belbre conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both, If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shafi so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision, If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time. the adjustment shall be refurred to the Architect fi)r initial deter- mination, subject to further proceedings pursuant to paragraph 4.3.7 Claims for Additional Co~t. 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. Prk)r notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10,3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) terminafion of the Contract by the Owner, (6) Owner's suspension or (7) other rea~sonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shMi include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.6.2 [f adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Pemon or Property. If either par~ to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is Iegally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other parzy to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3,7 or 4.3,8, 4.4 RESOLUTION OF Ct. AIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or ($) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim, 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentarion. 4.4.3 [fa Claim h~ not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the th flowing actions: (1) submit additional supporting data requested by the Architect, (2) modi~ the initial Claim or (3) notify the Architect that thc initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the 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 to be a possibility of a Contractor's default. the Architect may, but is not obligated to, notify the surety and request the surety's assistance in reso[ving thc controversy 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any or the breach thereof, shall be settled by arbitrarion in accor- dance with the Construction Industry Arbitration Rules of the or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4,3.5. Such controversies or Claims upon which the Architect has given nottce and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered, 12 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CL~NTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~ 191,47 THE AMERI(~AN INSTITUTE OF ARCHITECTS, [ 73S NEW YORK AVEN[ E+ N W. WASHIN(;TON, D (~ 2OO{K~ WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to ~egai prosecution. 4.5.2 Rules and Notices for Arbitration. Claims between ~c Owner and Contractor not resolved under paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Assoo~.tion cur- rently in effect, unless the parties mutually agree otherwise, Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be f'fled with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4, 4.5.4 When Arbitration May Be 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 opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decisinn may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.I and 4.5.4 and Clau~se 4.5.4.~ as applicable, and in other cases within a reasonable time after the Claim hms arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 limitation on Consolidation or -Ioinder. No arbitratinn arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consem containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substanrially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration, No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Clelms. A party who files a notice of demand for arbitration must assert in the demand all CIaims then known to that party on which arbitra- tion is permitted to be demanded, When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereo£ ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is re}~rred to throfighout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perfurm a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documems a.s if singular in number ;md 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 thc Contract Documents or the bidding requirements, the Contractor, as soon as prac ticable after award of the Contract, shall Mrnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after duc investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or able objection. 5.2.2 The Contractor shall not contract with a proposed per- sonable and timely objection. The Comractor shall not be made reasonable objection, 5.2.5 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However. no incre~e in the Comract Sum shall be allowed for such change unless the Comractor has acted promptly and responsively tn submitting nantes as requireti. 5.2.4 The Contractor shall not change a Subcontractor, person AIA DOCUMENT A201 * GENER~,L CONDITIONS OF THE CONTILACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, ] 735 NEW YORK AVENUE, N.W, WASHINGTON, D C. 2{~)oo WARNING: Unlicensed photocopying violates U,$. copyright laws and Is subject to legal prosecution. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally reqmred for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, mad to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Axchitect. Each subcon- tract agreement shall preserv= 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 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 Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will he bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents, Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by. the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract, 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project wilh the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these incluc~ing those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost ks involved because 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 Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction scbed- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary a2'ter a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, incIuding, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6,2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor, 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject 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 for cutting and patching as are described for the Contractor in Paragraph 3, i4, 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ©I987THEAMERICANINSTITUTEOFARCHITECTS, ]735NEWYORKAVENUE, NW,WASHINGTON, DC. 20006 WARNING: Unlicensed photocopying violate~ U.S. copyright lav~ and ia subject to legal prosecution. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in tile Work may be accomplished afzer execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall fie based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner. Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Comract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Constroction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Comract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Comract Doctmaents or sub- sequently 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 Subparagraph 7.3.6, ?.3.4 Upon receipt of a Construction Change Directive, the Contractor shall prompdy 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 reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonabIe allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3,6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by 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 .5 additional costs of superx,ision and field office person- nc[ directly attributable to the change. 7.3.7 Pending final determination of cnst to the Owner, amounts not m dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor tu the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost a~s con firmed by the Architect. Wben both additions and credits covering related Work or substitutions are involved in a change, the alk)wance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.;I If the Owner and Contractor do not agree with the adjustment in Comract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.~ When the Owner and Contractor agree with the deter- mination made by the Archiiect concerning the adj.ustmems in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AIA {)OC~JMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ,. FOURTEENTH EDITION AIA~ · ~ 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON. D C 200iX> WARNING: Unlicensed photocapylng violate~ U.S. copyright laws and Is subject to legal prosecution. 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 in the Contract Sum or extension of the Contract Throe and not inconsistent with the intent of the Contract Documents. Such changes shall be effected 'ay written order and shall he 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 Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in thc Contract Documents are of the essence of the Contract. By executing the Agreement the Con- for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree ment or instruction of the Owner in writing, prematurely com- date of insurance required by Article l l to be furnished by the be changed by the eft~ctive date of such insurance. Unless thc date of commencement is established by a notice to proceed given by the Owner. the Contractor shall notify thc Owner in writing not less than five days or other agreed period before commencing the Work to permit tbe timely fiimg of mortgages, 8.2.3 The Contractor shall proceed expeditiously with adc- quate forces and shall achieve Substantial Completion within 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any ttmc in progress of thc employee of either, or of a separate comractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties authorized by the ()v-ncr pending arbitratkm, or hy other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Cbange Order tbr such 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adiustments, 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 values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to 'ay the Architect, shall be used as a basis for reviewing the Contractor'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 Contractor shall submit to the Mchitect an itemized Application for Payment for operations completed in 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 Sulacontractors and material suppliers, and reflecting retalnage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in thc Work which have been properly authorized by Construction Cbange Directives hut not yet included in Change Orders. 9.3.1.2 Such applications may not include requests tbr pay- 9.3.2 Unless otberwise provided in the Contract Documents. payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incof poration in the Work. If approved in advance hy the Owner. payment ma5' similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Owner's interest, and shall include applicable insuranee, 9.3.3 The Contractor warrants that title to all Work covered by an Application fi)r Payment will pass to the Owner no later than upon submittal of an Application fi)r Payment all Work tbr which Certificates fi)r Paymem have been previously issued Contracu)r's knowledge, information and belief, be free and 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 the Contractor's Application for Payment, either issue to thc 16 A201-1987 AIA DOCUMENT A201 · GENEP~AL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · fOURTEENTH EDITION AIA® · ©IgB7TnEAMERICANINSTITUTEOFARCHITECTS, 1735NEW YORKAVENUE. N.W, WASHINGTON, D.U.20006 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 reasons 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 Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract 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 Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance ora Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction me, ms, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 TIlE Architect' may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessatT to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable t() certify payment in the amount of the Application, the Architect will noti~ the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amoum for which the Architect is able to make such representatinns to the Owner. The Archi- subsequently discovered evidence or subsequent observations, may nullify the wbo[e or a part of a Certificate for Payment Architect's opininn to protect the Owner from loss because of: .1 detective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcomractors or for tabor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another connactor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify, the Architect. 9.8.2 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 portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractots in similar manner. 9.8.3 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. 9.8.4 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, 9.8.5 Payment to material suppliers shalI be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.8.8 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the · Owner does 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 to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Comract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. g.s SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- cienfiy complete in accordance with the Comract ~)cumems st) the Owner can occupy or utilize the Work for its intended USC. 9.8.2 When the Contractor considers that the Work. or a por- tion thereof which the Owner agrees to accept separately· is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed prompiiy to com- plete and correct items on the list. Failure to include an item on such list does not aker the responsibility of the Comractor 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 desig- AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION" FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OFARCHITECTS, 173S NEW YORK AVENUE, N.W., WASH[NGTON, DC. 20006 WARNING: Unflcen~ed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 17 nated 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 Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for securRy, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall Finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.0.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retalnage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3. I 1 and authorized By public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion i~ substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retalnage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld, The stage 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 De occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherxvise agreed upon. partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect f'mds the Work accept- able under the Contract Documents and the Contract fuliy per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. Thc Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 a.s precedent to the Contractor's being entitled to Final payment have been fulfilled, 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, :ind 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 wdtten statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. Ifa Subcon- tractor refuses to furnish a reie-~tse or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, If such lien terrlalns unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 if, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting Final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retalnage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a walv&r of claims by the Owner as provided in Sub- paragraph 4.3,5, 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims 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 AIA DOCUM~=I~IT A~10t · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ©I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE. NW., WASHINGTON, D.C, 20006 WARNING: Unlicensed photocopying violates U.S. copyright lav~ and 18 su~ect to legal prosecution. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining 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 matedal reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact 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 polychiori- hated biphenyl (PCB), or when it has been rendered harmless, by 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 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising ()ut of or resulting from performance of'the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of 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, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist a~ to a party or person described in this Subparagraph 10. 1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontrac- tors; and ._':1 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utifities not designated for removal, relo- cation or replacement in the course of cor~truction. 10.2.2 The Contractor shall give notices and comply with applicable laws. ordinances, roles, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and malnt:dn, as required by ex&sting 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 utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost ca. re and carry on such activities under supervision of properly qualified personnel, 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2. 1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and 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 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. 10.2.0 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 Architect. 10.2.7 The Contractor shall not load or permit any part of the construchon or site to be loaded so ss 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, injury or loss, Additional compensa- tion or extension of time claimed by the Comractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdictkm in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similac employee benefit acts which m-e applicable to the Work to be performed; AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® ¢' ~I987THEAMERICANINSTITUTEOFARCHiTECTS, [735NEW YORKAVENUE, NW,WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal proeecutlon. A201-1987 19 .2 claims for damages betause of bodily injury, 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 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 destruction of tangible prop- erty, including loss of use resulting therefrom; .8 claixns 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 law)lying contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of a~ay coverage required to be main- tained 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 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at le-~st 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10,2. Information concerning reduction of coverage shall be f~rnished by the Contractor with re-.ksonable promptness in accordance with the Contractor's information and belief. 11,2 OWNER'S lIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual [lability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protect:on agmnst claims which may arise from operations under the Contract. The Conttactor shall not be responsible for purchasing and maintaining this optk)nal Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and cnaintain, in a company or companies lawfully authorized to do business in the jurisdicfion in which the Project is located, property insurance in the amount of the initial Con- 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 payment has been made :ts provided in Paragraph 9, 10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11,3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11 .$.1.1 Property insurance shall be on an all-risk policy form and shall insure agmnst the 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 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, 1~.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall si) inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work, m~d by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is d;wnaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto, 11.:3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary, deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary, deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu meats, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of thc Work in transit. 11.3.2 Boiler and Machinery Insurance. Thc Owner shall purchase and maintain boiler and machinery insurance required by the Comract Documents or by law, which shall specifically cover such insured ob}eelS during installatk)n and until final acceptance by the Owner; this insurance shall include interests of the Owner, Comractor, Subcontractors and Sub- subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.3.3 Loss of Uss Insurance. The Owner, at the Owner's option, may purchase and mairaain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor ti)r loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.3.4 If the Contractor requests in writing that insurance for 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 AIA DOCUMENT A201 · GENEPO. L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA= · ©1987 THEAMERICANINSTITUTEOFARCHITECTS, 173fi NEW YORKAVENUE. NW..WASHINGTON. D C.20(~X~ WARNING: Unlicensed photOcopying violates U.$, copyright laws and i~ subject to legal piosecutlon. 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or ff after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph l 1.3.7 for damages caused by fire or other perils covered by this separate property insurance. Ail sepm'ate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall tile with the Contractor a copy of each policy that includes insurance coverages required by this paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shaft contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11,3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary,. The Owner or Contractor, as appropriate, shall require of the Architect, 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 for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective 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 insurmaee 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 adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11,3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary, The Owner shall deposit in a separate account pro- reeds so received, which the Owner shall distribute in accor- -dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case 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 appropriate Change Order. 11.3.10 The Owner as fiduciary, shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5, The Owner as fiduciary, shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by axbitration is required, the arbitrators will direct such distribution. 11 .$.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise, The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifica~y 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 covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shalI permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 if a portion of the Work is covered contrary' to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time, 12.1.2 If a portion of the Work hms been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- lng and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by thc Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not lhhricated, installed or completed, The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby, 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof', or after the date AIA DOC~JMF. brr A.201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ©1987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON, D C,20006 WARNING: Unlicensed photocopying violates U.S. ¢o~/Hght laws and Is subject to legal prosecution. A201-1987 21 for commencement of warrC, mties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- dal Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 if the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract 5urn 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 bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accDrdance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is 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 party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act cousritute approval of or acquiescence in a breach thereunder, except as may be specificalIy 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 taws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, 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 obserYe such proce- dures. The Owner shalI bear costs of tests, inspecuons ur approvals which di) not become requirements until after bids are received or negoriarions concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA~ * ~1987 THE AMERICANINSTITUTE OFARCHITEC'rs, 1735 NEW YORK AVENUE. NW, WASHINGTON, DC 20006 WARNING: Unflcen,ed phatocopying violates U.S. copyright I~ and is subject to legal proeecurian. 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 all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.$.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 shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 BeforeSubstantlalCompleUon. AS to actsor failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shalI con,hence to rcm and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures tu act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shMl commence to mn and any alleged cause of action shMl be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate fi)r Payment; and .3 After Final Certificate for Payment. As to acts or fminres to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and m~y alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12,2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs Ia~t. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4,1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 1 O0 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to 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' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.$ 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 perti)rming portions of the Work under contract with the Contractor because thc Owner has persistently failed to f'alfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner a.s provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials: .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach ora provision of the Contract Documents. 14.2.9 When any of the above re'0.sons exist, the Owner, upon certification by the Architect that sufficient cause exists to jus- AIA DOGU~ENT A~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® * ©1987 THEAMRRICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE. N.W,WASH[NGTON, D C.200(Xn WARNING: Onllcen~e{I photocopying violates U.S. copyright laws and i$ subiect to leoal prosecution. A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to para- graph 5.4; and .3 f'mish the Work 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, the Contractor shall not be entitled to receive further payment until the Work is Famished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor, If such costs exceed the unpaid baiance, the Contractor shail pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shaft be certified by the Architect, upon appli- cation, and this obligation for payment shaft survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 Thc 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 adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee 24 A201-1987 &,lA I)O~UM~NT ~I * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ©1987 THEAMERICANINSTITUTEOFARCHITECTS, 173SNEWYORKAVENUE, NW.WASHINGTON, DC. 20(EX~ WARNING: U nllcen~d photocopying violates U.S. copyright law~ and ts .~u b~eCt to legal plo~ecutlon. 3/87 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid ? (Owner/Contracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents' do for its successors and assigns remise, release, and forever discharge the said (OwnedContracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants,'contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. ,191 and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its __ this day of ,19 __ Attest: Principal: PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY /01/96- 50% : ..... NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as fotlows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national odgin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which ne has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in wdting, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin, The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights, and the Owners representatives / counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not compiled with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the OwnedContracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination ctauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as the OwnedContracting Agency may direct, including sanctions or remedies for non- compliance, tf the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shatl be void unless applicable sections of said Labor Law are complied with. Each and every provision of laW"and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day dunng which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, ddnking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national odgin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time pedods) he will obtain identical certifications from proposed subcontractors pdor to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause: that he will retain sucr~ certifications in his files; and that he wilt forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): "During (1) (2) (3) (4) (5) (6) NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts dunng a pedod (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in the performance of this contract", the Contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national odgin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national odgin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that ail qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as other,vise provided by law. (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or pumhase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United State_s? FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Reauired Information (a) Requirements for prime contractors and subcontractors, (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such pdme contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a pdme contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Govemment funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor betow the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a pdme contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The faiture to file timely, complete, and accurate reports, as required, constitutes noncompliance with the pdme contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this su~part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. 1-12.805.4 Reoorts and Other ReQuired Information (b) Requirements for bidders or prospective contractors. (1) (2) (3) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether.' it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Repot'ring Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement pdor to award. In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covedng the delinquent pedod or such other pedod specified by the agency or the Director. A bidder or prospective pdme contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, pdor to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. (c) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard ~ Form No. Stock '~umber Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENTSTANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, alt Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of _8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, ro dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantae shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and pdces. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a codification by him that amounts to be paid do not exceed maximum allo~vable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and subgrants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with ail applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall descdbe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants in excess of $10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national odgin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or subgrantees and to assure that suspected or reported violations are promptly investigated. COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other perso~J doing or contracting to do the whole or a part of the work contemplated by the contract shall be p(~rnitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Sect[on 220-e which requires provisions by which the contractor with the State or municipality agrees: la) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behatf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any mtizen of the State of New York who is qualified and available to perform the work to which the employment relates; lb) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract: (d) That this contract may be canceted or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sate or distribution of materials, equipment or supplies shall be limited to operations performed within th~ territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons o{her than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void, Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor, and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void, OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social secudty and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained fTom the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work ali charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. INVITATION TO BIDDERS: STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY November 13, 1997 INDEX TO SPECIFICATIONS INVITATION TO BID & BIDDING REQUIREMENTS PROJECT DESCRIPTION INSTRUCTION TO BIDDERS PROPOSAL FORM STATEMENT OF NON-COLLUSION BID BOND OFFER OF SURETY GENERAL CONDITIONS OF THE CO~'~FRACT FOR CONSTRUCTION GENERAL RELEASE PREVAILING WAGE RATES NON-DISCRIMINATION CLAUSE & COMPLIANCE WITH LABOR LAW INVITATION TO BID Project: Construction of Stair~ and Landing at the end of Rocky Point Road, East Marion, NY The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as required for the construction of the stairs and landings at the end of Rocky Point Road, East Marion, NY, in accordance with the plans and specifications prepared by James A. l~ichter, R.A., Southoid town Engineering Depact~ent, Peconic Lane, Peconic, Bids will be received at the Office of the Southoid Town Clerk, Southoid Town Hall, 53095 Main Road, Southald, NY 11971, until 10:00 a.m., Thursday, December 4, 1997. All specifications are provided herein: drawings to be attached. A fee of ten ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way hind 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 Southoid reserves the right to waive any informalities and reject any or all bids and to retain bids for 45 days from the date of receipt. The CONTKACTOR SH,ALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the mount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: November 13, 1997 BY ORDER OF THE SOUTHOLB TOWN BOARD By: Judith T. Terry Southoid Town Clerk PROJECT DESCRIPTION CONSTRUCTION OF STAIRS & LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY This project includes the construction of a set of stairs and landings at the end of Rocky Point Road, East .Marion, NY, as outlined in the Stair & Landing Details, enclosed. Requests for fur;her information and all inquires should be directed to the Office of the Engineer of the Town of Southold, at 765-3070 Attention: James A. Richter, R. A. 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, payable 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 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, as 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 void, and the Town shall be entitled to liquidated damages as above provided. J. TIME FOR EXECUTION OF CONTR~,CT 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. PROPOSAL FORM OATE: Name of Bidder: /~..T/~ ~.~-~,~/I~G/-~ T'_,~/~'-C/ ~/./C - 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 is 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: The end of Rocky Point Road East Marion, NY 11939 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 STAIRS AND LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY 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 CONTIL&CT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in wo4'ds) (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. Business Address: Telephone Number: Date: - STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 1034 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 disthct or any agency or o~cial thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid. each par'b/thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge aed belief: (1) The prices in this bid have Peen 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 Iaw, 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, direC'Jy or indirectly, to any other bidder or to any competitor. (3) No attempt has IDeen 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 pu~ose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this cerlJfication, and under the statements contained in this certification, and under the penalties of perjury, affirms the ttuth thereof, such penalties being applicable ~o 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 ce~ficate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (Name of Coq~oration) authorized to sign and submit the bid or proposal of this corporation for the following Project: be STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD, EAST MARION, ,.NY and to inctude in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New Yort(, 1965 Ch. 7Sl, Sec. 1034, as amended effective Sel3tembe¢ 1, 1965 (Signature) COLONIAL SURETY COMPANY Harrisburg, Pennsylvania BID BOND Approved by The American Institute of Architects A.I.A. Document No. A-310(Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we KJB INDUSTRIES INC. DBA EAGLE ASPHALT MAINTENANCE, Riverhead, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southoid, Southold, ~ as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid ............................... for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, tLnnly by these presents. WHEREAS, the Principal has submitted a bid for Stair & Landing Replacement at the End of Rocky Point Road 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 faltlfful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the mount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain tn full force and effect. Signed and sealed this 1st day of December 1997. (Witness) /' (~Wttness) ~- Erinn Finnegan Form C200-119 (Rev. 4/88) KJB INDUSTRIES INC. DI~A EAGLE ASPHALT / (Principal) (Seal) (Title) COLONIAL SURETY COMPANY (Seal) ~ttorney-in-Fact) ~LONIA~L SURETY COMPAN~ ~ENERAL [,O'aIER OF ATTORNEY Any and All Bor~l State of New Jersey County of Bergen On this 1st day of December , in the year 1997, before me Alayna Baldanza, a Notary Public, personally appeared Sherryanne DePirro, personally known to me to be the person who executed the within instrument as Attorney-in-Fact, on behalf of Colonial Surety Company therein named and acknowledged to me that the corporation executed it. Alayna BMdanza A NoO*ry Public of New Jersey My Commission Expires September 2, 2002 nd for the /~ County of Bergen State of New Jersey COLONIAL SURETY COMPANY Harrisburg, Pennsylvania - Inc. 1930 - FINANCIAL STATEMENT--DECEMBER 31, 1996 ASSETS *Stocks and Bonds .................... $ 2,668,027 Cash in Office & Banks .................. 1,001,933 Accrued Interest & Dividends ............. 41,007 Premiums & Agents Balances R~ceivable .... 489,392 Other Assets ......................... 1,551,692 Total Admitted Assets .............. 5,752,051 LIABILITIES & SURPLUS Reserve for Unearned Premiums .............. $ 803,5,30 Ctaim Reserves .......................... 773,000 Other Reserves .......................... 49,513 Collateral Held ........................... 1,386,858 Capital Stock ............................ 1,0O0,000 Surplus ................................ 1,739,150 Total Liabilities & Surplus ............... 5,752,051 STATE OF NEW JERSEY COUNTY OF BERGEN SS.: Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, ~rue and correct copy of the Financial Statement of said Company, as of December 31,1996. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 31st day of January, 1997. Jacqueline Berthelsen A Notary Public of New Jersey Wayne NunzJat~ President ~'~NNo~y Pubtic THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document ~?0 Bid Bond KNOW ALL MEN BY THESE PRESENTS, as Prindpal, hereinafter called the Principal, and that we 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 (S ), 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, )oindy and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid ~or NOW, THEREFORE, if the Obli~:e~ shall accept the bid of the Ptlncipat and the Principal shall enter into a Contract with the Obli~ee in accordance with the terms of such bid, and give such bond or bonds as ~ay be speo~ in the bidding or Contact Documenm with good and su~cient sureW for the fai~[ul pedo~ance of su~ Contact and ~r the promot payment of ~abor and material fumish~ in the prose~tion thet~f, or in the ~ent o~ the failure o~ the Principal to enter such Contra~ and give su~ bond or bonds, if the Principal shall pay to ~e Oblis~ the difference not :o ~c~ the penal~ her~f be~n the amount specifi~ in ~id bid and su~ larger amount for which ~e Obii~ may in ~o~ faith cont~ with another pa~ to pedo~ the Wo~ covered by said bid, then this obligation shall be nuiI and ~id, ot~ise to remain ~n full force and e~e~ Signed and sealed this day of 19 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 SUBMIT-FED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. T¸ H ^ M £ R i I N $ T I T U T ~ ARCH[TEC AIA Document A201 General Conditions of the Contract for Construction 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. O~ .-NER 3. CONTIL-KCTOR 4. ADMINISTRATION OF THE CONTtL~.CT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TL'v[E 9. PAir. lENTS &ND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY I [.[NSUP,-~\'CE AND BONDS 12. UNCOVERING ,kND CORRECTION OF WORK 13. MISCELL.~NEOUS PROVISIONS I4. TEtL'vlINATION OR SUSPENSION OF THE CONTtLkCT A201-1987 1 INDEX Acceptance of Nonconforming Work ......... 9.6.6,9.9,3,12.3 Acceptance ut Work ....... 9.6.6, 9.8.2.9.9.3, 9. [0. l, 9. tO.3 AdCli£ional Cost. Clmm5 for ......... 4.3.6, 4.3.7, 4.3.9, 6. i. 1. I0,3 AdCfitional inspections and Te.~tmg ....... 4.2.6. 9.8.2.12,2.I, 13.5 Additional Time. Claims for ............ 4.3,6. 4.3,8, 4.3.9. 8.3.2 AnMINISTRAT~ON OF TH E CO NTRACT ....... 3.3.3,4,9.4.9.5 Ae$th¢tic Effect ........................ 4.2.I3, 4.5.1 Applications 1or Payment ~ .~.2.5, 7.3.7.9.2, 9.3, 9.4, 95.1,9.6.3. Approvals 2.4. 33.3.3.5, 3.10.2, 3, t2.4 :brough 3.I2.8.3.18.3, Arc~itect 4.1 Arc,flitect' s Ad mini$tratio n of tl~e Contract ..... 4.2, 4.3 6. 4.3.7, -+.4. 9.4. 9.5 Acc~i£ect'$ Dec:$ion$ 4.2.6, 4.2.7, 4.2. I I. 4.2.12, 4.2.13, O~uflcate~ ~or P~ltment ....... 4,2.5, 4.2.9, 9.3.3, 9.~, 9.5, 9.6. I, CHANGES IN THE WORK .... 3.[ I. 4.2.8, 7, 8.3A. 9.3.1.I, 10. i.3 Clairn.~ and DIspute~ ............ 4.3. 4.4. -~.5, 6.2.5, &3.2. Claims and Timety Asse~on of Claims ............. 4.5.6 Claims for Additional Cost ..... 4.3.6. 4.3.7, 4.3.9, 6. i.i. 10.3 Claims for Additional Time .......... 4.3.6.4.3.8, 4.3.9. 8.3.2 Claim~ for Concealed or Unknown Conditions ........ 4.3.S Claun~ toe Drainages...3.i8. 4.3.9. 6,1.t, 6.2.5, 8.3.2.9 5.L.2, 10.1.4 Cleaning Up ............................... 3.15, (5.3 Commencement of Statutory { imitation Pedod ..... 13.7 COMPLETION, PAYMENTS AND 9 Comple~ion. Subst:m(:=~ .... 4.2.9. ~.3.5 2, $. [. i. $. 1.3, $.2.3, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ........................... I.t.-~. 6 Cons;ruction :ichc~lule~. Contractor's 5.10.6.1.3 Continuing Contract Performance ........... 4.3.4 CONTRACT, TERMINATION OR SUSPENSION OFTHE ........... 4.3.7, 5.4. i.1. ~4 Contract Documents, The .......... 1.1, ~ .2, - Contract Time. Oeflnition o( .............. 8.1.1 2 A201-1987 CONTRACTOR ............................. 3 Contmclor~ s Construction Scha~lule~s ............. Co n£ractor's ~mployev-s ....... 3.3.2.3.4.2, 3.8.[. 3.9, 3.18. 4.2.3, Contractor'~ L~l~illty In~amflca ....................... 11.1 Cost, Definmon of 73.6, 14.3.5 A201-1987 Lo$s of Use insurance ................... 11.3.3 Material Suppliers ........ 1.3.1.3. [2.1. ~.2.~, 4.2.6. 5.2. 7.36. 9.32. 9.3.3. t2.2.~. MISCELLANEOUS PROVISIONS 13 Occupancy ................. 9.06.9.8.1.9.9. OWNER 2 Owner. Definition of 2.1 Owner, Infon'nation and Services Require{t of the 2. l 2. Owner's Liability Insurance 11 Owner's Right to Perfom~ Construction and to Owner=s Rlgfit te Step tile Worf< .......... 2.3,4.3.7 Partial Occupancy er U~ ....... 9.6.6, 9.9, t 1.3. l l Patching, Curling and ................ 3.14, ~.2.6 Payment, Cartiflc~lte~ f~ar 4.2.5, 4.2.9, 933, 9.4, 95. Payment Bond, Performance B~nd and ..... 7.3.6.-~. Payments. P~ogre$s ~.3.~. 9.3, 9.6, 98.3, 9[0.3, 13.6. 14.2.3 PERSONS AND PROPERTY, PROTECTION OF 10 Product Date and Samples. Shop Drawings 3 1 !. 3,12, ,.2.7 4 A201-1987 Rule~ and Not~ce~ for Art~itraflon .............. 4.5.2 Safet~ at Pemons and proper'~y 10.2 Safety precautions and prograrn~ ........ 4.2.3,4.2.7,10.1 Samples. Defininon of ...................... 3. t 2.3 Samples, Shop Drawings, product Data and 3. ! l, 3.12, 4.2.7 Sample~ at t~e Site, Documents and .............. 3.11 Sc~le~uie of Valu~ .................... 9,2, 9.3.i Suspension i~y the Owner for Convenience .......... 14.3 S~pcn~ion of thc Work ........... 4.3.v, 5.4.2. I4. I.1.4. 14.3 Taxes .................................... 3,6, 7.3.6.4 Termination by the Contractor ........................ 14.1 Termination by the Owner for Cause ............ 5.4. I.t. 14.2 TERMINATION OR SUSPENSION OF THE CONTRACT ..... 14 Teste and Inspections .... 3.3.3. 4.2.6, ~.2.9, 9.4.1, I2.2.[. 13.5 TIME .............................................. 8 Time Limits on Claims ...... ~.3.2.4.3.3, 4.3.6. 4.3.9. 4.4. ~.5 Title to Work .................. 9.3.2.93.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 A201-1987 5 GENER.~L CONDITIONS OF THE CONTR~.CT FOR CONSTRUCTION ARTIC1 F 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT D{DC~JMENTS The Contract E~:~ments consist of the .-Xgremment Owner and Contractor 01ere',.na~er tile Agremment), Conditions of the Conumct (General, Supplementary, and other Conclitions), Drawings, Specifications, addentia ks$ued prior to execuuon of the Contract, other documents listed, in the Agreement and MocLLficarions issued a&er ~xecution of the Contract. A Mociifi- cation is (1) a written amendment to the Contract signed by both parers, (2} a C~hange Order, (3) a Construction Change Directive or14) · wnnen orcier for a minor ~nange in the Work assued by [he .M'chitect. UP. less specifically enumerated tn Agreement, the Contract Doc, zments do aot include other documents suc~h as biddirlg requirements (advernsemen[ or invitation id bid, LrtstlxIc'dons ~o Bidde.'~. sample form~, the Contractor's bid or poroorm of addenda te~ting to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents ~orm the Contra~ for Construction. The Contract represents ~e :.qnre and in[egra[eq agre~,...-nent ~rac: ma'/be a.mended or moulded only by a Modification. T'oe Contract Doom'ne.qts shall not ~e construed ~o create a contrac- tual re~tionship or' any kind ( l / berwee, n ~e .M-chitec: and Con- 1.1.3 THE WORK paruall¥ completed, and include~ all other Labor, maren~, equipment and service~ provided Or to be provided by Contractor ~o Mlfill the Contractor's obiigatioqs. The Work 1.1.4 THE 1.1.5 THE DIe. WINGS The Drawing.5 are the graphic and pictorml poroons of thc Con- showing the design, !oration and dimensions of the Work. ule5 :lng diagI".wrls. 1.1.7' THE PRO,~ECT MANUAL The Proiect M:mual is the volume ~sualIy a~embled eot the Work which may include the bidding requkements, sample forms, Condidon~ of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND iNTENT 1.2.1 The Contract Documents ~ be signed by the Owner and Contractor as provided in the Agreement. If either Docuroents. the .~chitec~ shall identify such unsigned Docu: 1,2.2 Execution of the Contract by the Contractor ks a repre- mi' ~,'ith local conditions under which the Work ks ~o be per- formed and corr ~e!ated personal obser-~arions with require- ments of the Conwact Documents. 1.2.~ The intent of the Contract Document.s is to include ail Work by ~qe Contractor. The Contract Doo. a'nents are comple- mental'y, and what is reqmred by one shall be as binding as required by all: p¢:'formance by the Contractor shall be merits and remsonably infemDie ~m r~em as being 1.2.4 Organization of the Spe~fications mid divisiot~.s. and :amcles, and :crangement of Drawings shall not control esmnlishing the extent of Work to Be pe.~ormed by any ~'ade. 1.2.5 Unless o~e:'wt~e stated in r~e Contract Doo.:ments. DOC~MF. NT5 1.3.1 The Drawings, Specifications and other documents prep0xe~l by the .~rchitect are ~tstruments of the 3.zchitcct's claim a copyngnr tn the Drawings. Specifications and other documents prepared by rahe .&ccnkecL md unless otherwise 5 A201-1987 and material or equipment supplier~ are grunted a Lirmted license to use and reproduce applicable portions of the Dr'aw- inet, Specification..s and other documen~ prepared, by the Architect approprmte tO and for use in the execution of thek Work under the Contract Documents, ~ copies made under this license shall bear the stamtot'¥ copyright nodce, if any, shown on the Drawmgr, Specifications and other documents prepared by the A.rc~itect. 5ubmattal or distribution to meet officml reguLarory requirements or for other purposes in con- necrion with chis Project ks not to be consu'ued ~ publication in derogation of the Architect's copyright or other reserved, rights. 1.4 CARFrAUZATION 1.4..1 Terms capitalized in these General Conditions include those which are (1) specifically de£med. (2) the titles of num- bered aracles md identified references to Paragraphs, Suhpara- gmpl~ and Clanses in the document or (3) ifie rilles of other documents published by the :~.merican Institute or' .M-chitects. 1.5 [NTEI~PRETATION 1.5.1 tn the interest of breviu:- the Eontr'act DOCtLments ~'re- quenfl.v omit modi~.-ing word5 soch as "all" and "any" and arts- ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner ts ~he person or entity identified ~ such in the Agreement and ks referred to throughout me Contact Documents as if singular in number. The to:Tn "Owner' means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall fi. irniah to the Contractor in writing information which ks necessary and relevant tbr the Contractor ~o evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title [o the property on which the Proiect is located, usually referred to :m me site, and the Owner's interest therein at the dme of execution of [he Agreement and, within five days :filer any change, information of ~uch change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNF-~ 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly h'om time to came o~ligations under the Contract. [.~bte: Unless suc'l~ retz~'ot~ble 2.2.2 The Owner ~h~l ~mish su~e}~ dmcnbing physic~ of me ?roiec:, md a [~ descnptinn of ~e ~ite. 2.2.3 Except for pe~i~ md f~ which ~e ~e rmpomibliiW or the Contva~or under me Con.ct Docm~m the Owner ,~ so.re md pay for n~ approve. ~m, ~- meats al-~d c['iarges required for con.struction, use or occupant7 of perm:me, nt structures or for permanent changes in e.'nsting facilities. 2.2.4 Information or services under the Owner's control shall be fi. wnished by the Owner with rea.~onsble promptness to avoid deny in orde~y progre~ of the Work. 2.2.5 Unless otherw'.se provided in the Contract DooJme!lts, the Contncror will be furnished. ~ree or'abm'ge, ~ch copie~ of Drawings and Proiect *lanuais as are reasonably necessary for execution of the Work. 2.2.5 The foregoing arc in addition to other duties and respon- sibilkies of the Owner enumerated hereto and espeeislly r~ose in respect to .~-cicle 6 (Construction by Owner or by Separate Contractor~), .~"ticle 9 (Payments and Completion) and .~Jcle I l (Insurance and Bonds). 2.3 OWNER'S RIC.~IT TO STOP THE WORK 2.3.1 ti' the Contractor ~ to cortex Work which is not in accorcL'mce with thc reqmrements of the Contract Documents as required by Paragraph 12.2 or per,aistentiy ~ to cmTy out Worl~ in accordance with the Contract Document.s, the Owner, by written order signed pez.Jonally or by an agent specifically $o empowered by the Owner in writing, may order the Comma- tot to stop mile Work, or any pomon thct~:o~, until the cause for such order has been etimirmted; however, me right of Owner to stop me Work shall not give me to a duty on the part of the Owner to exercise als right for the be_qerit of the Con- u-acror or any other person or enuty, except to the extent required by Subp:amgraph 6.1.3. 2.4 OWNER'S ~IGHT TO ¢.~,RR¥ OUT THE WORK 2.~.1 If .'he Contractor defaults or neglects co carry out ~'o~ in accorcL3nce with me Contras Documents and =.stain a seven-clay period a.~er receipt of waxen notice from the Owner to commence and continue correcuon of such default or neglect with diligence ann promptness, the Owner may after such seven-day period g~ve the Contractor a second written notice to correct such de,'icienc:es within a ~econd seven<~.y period. If me Contractor wimin such second seven- ,Jay period .ffrer receipt oi suets second llotice ~'"~Ii5 tO monte and continue to correct any deficiendes, the Owner may, without preiudice to omer remedie= the Owner may have. correct such defic~encie& tn such cuse an appropriate Change Order sh~ be ~ued deducung ?rom payments then or therear'ter due the Contractor the cost of correcting such daft- ciencies, including compensation for the Mchitect's additional serv:ces and expenses made necessary by ~uch default, neglect or (allure. Such action by ~e Owner and amounts c,~m'ged to the Contnctor :u"e both sublect ~o prior approval of ¢iqe .M-chi- teat. If payments then or the,"~'after due the Contractor are not sufficient to cover such amounts, the Con[motor ~hml pay the difference to me Owner. AFITICLE 3 3.1 CON'rFtACTOR OEFlNrrioN A201o1~87 7 3.2 REVIEW OF CONTRAC$ DOCUMENTS AND FtELD CONDITIONS BY CONTRACTOR 3.2.1 Thc Contractor sh=il c.3reMly study ~d comp~ ~ ~m~hcd by ~hc Owner purse[ [0 Subp~ph Z.2.2 ~d Con[r=c~or reco~¢d such ~or, incons~[~n~ or om~sioa ~d know~y ~cd ~o rcpo~ i[ to ~e .~i[e~. If ~e Con- ~or sh~ ~ume appropm~e r~pomibili~y for such pe~br- mince md ~h~ b~ m appropriate ~o~ of ~e attributable 3.2.2 The Contractor shml t~e tield m~urmmm md ven~ ada con~tions md sh~ c=e~y comp~e su~ field m~- a.2.a The Contractor shal peffo~ the Work in accor~ce su~t co Prograph 3.12. 3.3 SUPERVISION AND CONS~U~ION PROCEDURES ~,3.1 The Contmcor sh~l supc~ise ~d direct the Work. a.a.a Thc Contncror ~hatl no~ ~e rdieved of obli~tions to per- ~.~.~ The Contmc=or shail be r~ponsibl= for insp~don of pot- 3.5 WARRANTY materials and equipment bamished under the Contract will be of good quality :md new unless othe:'wi~e required or permit- [ed by the Contract Document, that the Work will be free from defects not inherent in r. he quality required or permitted, and that me Work will conform with ~e requirements of the rnenm, including substitutions not properly approved and w~rranty exdude~ remedy for d.q.mage or defec caused by v..e-.~r and tear under normal usage. [f required by the .~chitect, the Contr'ac~or shall ~lrnish satisfactory evidence as to the kind :ma quality of mntenals and equipment. 3.6 TAXES 3.6.1 The Con(ractor shall pay sales, consumer. Ltie :md similar. t~.xes for the Work or portions thereof provided by the Con- 3.7 PERMITS, FE;:S AND NOTIC!=S 3.7.1 Unless otherwise provided in the Contmc: Documents. (he Contractor shall secure and pay for the building permit :md other permi[.s :md governmental fees. licenses and inspections 3.7.2 Thc Contractor shall compil,' wiih and glve mltlC:S shall promptly notiN/ the 3,rchitect :md Owner in ~vnting, and necessary ch:rages shall be accomplished b':' appropn:ite 3.7.4 ti' the Contractor performs Work knowing it [o be con- the Contractor shall as.surne MI r~ponsibility for such Work :md sh=ll be:u' the attributable costs. a A201-1987 the Contract Sum shall be adju.5{ed accordingly by Ch:rage Order. The arnount of the Change Order reflect (I) the difference betwee, n ac~mzd cos~ and ~e allowance~ under Clause 3.8.2.2 :md (2) ci'lange~ in 3.g.1 The Con£mctor shall empio? a competent sugermten- is Subject ;o [he ~ita£lorls of Subpar'agr~.ph 4.2.7. a.l~.$ ~c Contractor sh~ review, approve .gchit~: Shop Dm~. Product ~=. 3.12.6 ~e Conc=c~or sh~ perfo~ no pomun of the Work ~ h= b~n approved by ~e Mchitec~. Such Work shMl be 3.12.7 By approving md aubmitting Shop Drawing. Product 3.12.8 The Contm~or s~ not be re!ir,:~ of r~ponsibili~y 3.12.10 [n/o~ammN ~u0mi[~ u~on wn:ch the 3.14.2 The Con,mc:or sh~l not ~age ~:r :n~nger = ~omcn A201-1987 9 not be unreasonably withheld. The Contmclor shall not unrea- sonably withhold from the Owner or a sep3rate conu-actor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 Thc Contractor sh~li keep thc pr~T~s~s and surround- ing area free from accumul~[ion of w~te mate.fidis or rubbish c~used by operations under the Contract. M completion of equipmem, m~chin~ry and surplta 3.15.2 If the Contractor ~ to dean up ~ provided in the thereof shall be charged to [he Conu~cmr. 3.16 ACCESS TO WORK 3.16.1 The Contractor slnall provide the Owner and .%xc.~.itcct 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay ~{1 ro?alti~ and [icen.~ Thc Contractor shall defend suits or clmn~ ['or infrmg~nent of patent debts and shall hold thc Owner and Arc~hRecl hmTnl~s such defense or loss when a paruee~iar d~ign, process or prod- son to believe chat thc ~equi~ed design, process Or produc~ 3.18 [NDEMNIF]C,.%TION 3.18.1 To the ~ll~t extent pc,--mitred by ~.w, the Contractor shall mdemnif7 and hold harmless dne Owner, Arohitec:. Arch~- from performance oil the Work, provined that such ck~n. age. loss or expense is attrthutable ~o bodily iniury, sickness. dise-as¢ or d~'~th, or ~o inlu~' to or destruction of mnDbie prop- erty (other than the Work i~elf) inc!udin~ [o~ of u.~ resulting therefrom, but only to thc e:aent ca~,xl in whole or in part by anyone directly or indirectly empiny~l by them or anyone for whose acts they muy be liable, r~,~rdl~ of whether or not such cNim, damage, inss or ex'p~n_~ ~ cau.~ed in pm-[ by a parry to ne~.tc, abridge, or ceduce other ci~ts or oDli~:Itions described in th~ P~gmp~ 3.18.2 in clams a!~nnst ~ pecan or enuty indc~ed under this Pa~ph }. 18 by ~ ~p[oyee of the Commctor, lion obli~tion under this P~mph ~. 18 sh~l hOC be i~i~¢d 3.~8.3 The obli~tio~ of ~c Con~or ~ac: ~a tect's consultants, and agmats and empioye~ of any of them dining out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys. Change Ordets. designs or specitica- lions, or (2) the giving of or the Dalure to give cikecuons or instructions by the Architect, the :~z~itecr's consdir, mts. and agents and empinyee~ of my of them provided such giving or i~ailure ~o g~ve is thc primary cause of ththc injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The ,krchitcct is the person lawfuily licensed to practice ~rcratecmre. or an cnury ~w~liy proc'do, rig architecture iden- tical as sucia in the Agreement and is referred to throughout the Contract Documents = if sing,.llar in number. The term "AzGhitect" mem'm [he Arci'ntect or the Architect's authorized reprezenmtive. 4,1..2. Duues. rc~ponsibilincs and ilmitatiorts of authority of the Architect as set forth in the Contract Documents shall riot be restncled, modified or extended without written consent of thc Owner. Contractor and Architect. Conse-qt shall not be un£ea- sonabiy w~thhe!d. 4.1.3 in case of terminauon of empin,:Tnent o~ the .M'chi[ect, the Owner shall appoint on architect ~mnst whom tile Con- tractor makes no reasonab[e obiection and ~'hnse staeJ.s under the Contract Documents shMl be that of the former azchitect. 4.1.4 Disputes aidsmg ,onder Subpa<~mphs ~.1.2 and sh~.H be sub{ecl to arbitration. 4.2. A,qCHITECT'S AOMINIST~ATION OF THE CONTRACT 4.2.. 1 The .M-chilect will provide acLmw~t~cion of the Coatrac: Owner's repr~enative (t) during construe:on. (2) undi Final payment is due and (}) with the Owr'.er s concurrence, from ~ume ¢o time aunng the correc'don per:od de. scribed ~ Prom- graph 12.2. The Mchitect will advise :md consult with the Owner. The :h-chitect wdl have authontT to act on behr~Lf of the Owner only to the extent provided in the Contract Documents. unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2. The Mchitec~ will visit the site at intervals appropriate to the stage of construction to become generally familiar with thc progress md quality of the completed Work and to detecrnine in general if the Work is being performed in a manner indicat- ing that the Work. when completed, ~,-ill be in accordunce with the Contract Documents. However. the Architect wdl not be required to make e.~austive or conunuous on-site inspecnons =o check quality or quantity of the Work. On the basis of on- sdieiy the Contractor s responsibility as provided in oi ~'~d will not Dc responsible for acts or orn.t~ons oi :.he Con- 10 A201-1987 tractor, Subcontractors, or meir agents or empioye~, or of any ot~er persons performing portions of the Work. 4.2.4 CommuniC~tlor~ Facilll;~tlng Contract Administra- tlon. Except zs otherwtse provided in the Contrac~ Docz~t~.'tts ~£e dtrougia the .krc~tecr. Communicauons by and. with the .~rchitect's constdtants stmJJ, be mrougin the ..~rc~te~. Commu- shall Be through the Contr'ac~or, Commumc=tions By md. witS!, separate contractors sa be r~roug~, the O'~ner. 4.2.5 Based. on ~e 3.rc2titecz's obse.mrations md ¢v'altmtions of the Conrzamor's Appiic:raons for Payment, me .gc~tec: ~ issue Cer~cates for payment in such m-notmm. 4.2.8 The Arcl'~itecg wtll have authority' to rejec~ Wodc which Azc~hitect consid.ers :t necessary or advtsabie for ~plemenm- have authority to require adui~ocml in~pec'aon or testing of me Work ~. accorcLance with SuDpm'-agraphs 13.5.2 :mc[ 13.53, ~i~c~er or =ct suctx Wod¢ ;s faBnmted., installed or completed.. authority shr~J, gtve nsc to · d.u~y or responsiB,iity of the Arc.hi- 4.2.? The .*a-~h_lteer wtLI review :md. approve or take omer S~op Dmwm~, ?reduce Dam md Samples. but oniy ~or the ~imked purpose of clqec!cmg ~or coMormmace wi~ mgormanon gtvcn md ~e d. es~gn concept ¢.xpressed. in the Contract Dooa- vvhfle allowing sufficient tune in ~e a. rc~ec~Js profe~siormJ r~portsinilitT of the Contractor as required, by me Contract tais shall not reiieve ~e Contractor of me obiigaaons under paragraphs 5.5, 3.5 mci 3.12. The 3.rchitec~'s review sh2II clot 4.2.8 The Arcmtect wtli prepm-e Change Ord.ers md Constmo the Work zs provid.ea in Paragraph 7.4. a:zte or dates o( $uDstanUal Completion and. me c~te of Final 4.2.10 if me Owner ma 3-rchitec: a~. me .-~zcimtect wdl pro- out me .~chitect's r~pon~ibdities at me site. The dudm, re~portsibflitie~ and ~it~o~ of au~oNw of suc~ projec: ~g p~o~ce ~der ~d req~emen~ of ~e Contract ~m r~o~ble prompm~ md wimm my ~e ~i~ agreed u~n. [f ~o a~t ~ ~de conc~g ~e me ~ whi~ ~te~remfio~ required, of ~e ~itec~ sh~ Be ~r- ~hed ~ compl~c: wi~ t~ Pm~ph 4.2, ~en ~e~y sh~ ~o[ Be r~o~=ed on accoun~ o~ ~ure by me Mc~itect to n~h such m~remuo~ un~ 15 ~ys ~er ~nsten requmt ~ made ~or mem. 4.2.12 ~m~mtio~ md de~io~ of ~e Mchite~ w~ be core,tent with ~e ~tent of md ~o~bly ~femble ~om m~ Con.ct Do--eom m~ w~ ~e in writing or in ~e fo~ of ~mw~. ~en m~g such inte~rem~om m~ ~ec~io~, .g~it~ w~ ~vor to se~re fal~ perforce By bot~ r~Oere~ m goo~ ~.~.1~ ~e M~qitec:'s ~ec~io~ on matte~ renting ~o aes~eOc effec: w~ Be gm~ ff com~r wit~ t~e mrem ¢~r~se~ in ~e Contract Do~menm. 4.3 CLAIMS AND 01SPUTE~ 4.3.1 Definition..~. EDam i.s a demand or ~sse.'zion by one of te~ "C~" ~o mcludes other ~putes md ma~¢~ in ques- tion betw~n the Owner ~d Contractor ~sing out of or relat- The r~Dons~biiiry to sabsr~m~e C~s s~l res~ with p~y m~lng ihe C~. 4.3~ O~ision of A~it~ C~s, ~ctuuing mose =n ¢=or or om~on by me McNi~cc=, sh~ be refe=ed ~ki~y io t~e .gc~itec= ~or action ~ provided. ~ P~gmph 4.e. A ston by ~e McNi~[, ~ p~vided in Subpm~ph e.4.4. Be requir~ = a conuition preceden~ to arpitmtion or li¢i~tian ma¢te~ ~ing pnar ~o t~c ~=e fin~ payment ~ due, r~rdI~s 0¢ (I) whe~er such m=~=e= re.re to ~e~on md progre~ of :cuon required under Subpan~ph 4.4.~ wi~in J0 ~ys after ~e CN~ m made. (~) ~5 ~ys have p~sed :Rcr ~e CI~ h~ 4.3.3 Time Umi~ an Claims. C~ by either parD' m~t A201-1987 11 4.3.4 Continuing Contract Performance. Pending Fmai lu[ior~ of = C!mm including a. rbitrauon, unless omerwi<e agreed in wr~tmg the Contractor shall proceed diligendy with perfor- mxnce of the Contract :md me Owner shall conimue to make payments in accordance *vim me Contr=c~ Documents. 4.3.5 Waiver of Claims: Final Payment The making of payment shall constitute a waiver or' Claims by the Owner exc:pt mos¢ arising from: .'1 liens. Claims. security interests or encumbr"mce, s arm- ing out or' me Contract and ~nsettledi .2 fmlure or' me Wort( to comply with me requirements of [.he Cant[cci Documents; or .3 terms of spec~ wart':males reqmred by [.he Contract Documents. 4.3.6 Claims for ¢onnaeled or Unknown Conditions. It' con- dj[ions are encountered at me site which are (1) s,.~bsurface or odnerwise concezled physicdi condiuons which dirt'er materi- ally from mose indic=ted m me Conimct Documents or unknown pl~%iczd condiuons of :m unusual nature, which dif- fer matenally from mose ordimmiy found to em.st and genera.dy recognized as inherent in cons[rucuon lchvirics of me by the obse.'wing parry shall be g~ven to me other parr5' than 21 days after first obse.'-v:mce of me conditions. The .~achi- :ec: wriI promptly investig2te such conditions :md. if they diifer 4.3.7 Claims ~'or Additional Cost [f the Contractor s-[shes to emergency endangering life or property ari.smg under P:wa- graph t().5, it' the Contr'actor believes additional cos[ is tect. (4) failure of payment by the Owner. (5) te."minamm of the Contract by the Owner. (6) Owner's suspension or {"] other ce-,..sonable grounds. C::.um shall be tiled in accor~nce with the 4.a.8 Claims for Additional Time 4.5.11.2 lt' :~dverse w<mer condiuons are me bo.sm ~or a Clmm period of mine ~nd could not have been re'asonnbly anticipated. scheduled, construchon. 4.3.9 Injury or Damage to Person or Property. if eimer party to me Contract suffers injury or cL'm~age to person or property bec2nse or' :m act or omission of me other party, of :my or' the or. her pa[iT'S emptoyem or agents, or of omers for whose acts such par'ty is legzlly ti=hie, written no~ce of such iniury or party' within a r'm.sonable dme not exceeding 2 t days ai'~er first ~e omer party to mves~igare me rna~ter. If a Clmm tbr addi- cionnl cos~ or tLme r~Nted to mi5 Claim is to be 1.sac[ted, it shall be Fried as provided in Subparagraphs 4.3.7 or 4..5.8. me following pre~2rninao' actions within ten clays of receipt of a Clam: (1) request :~ddittonal supporting data from the clam:mt, (2) submit a schedule to the parties indicating *,-hen me .~chi- ~ect expects co ml~e action. (3) teiecr the Claim in whote coc in the Claim by the other party or (5) suggest a compromise. The 4.4.2 Ifa Clam h~ been resolved, the .~chi~ect wiii prepare or 4.4.3 It': C:alm h~ not been resulved, the part,:- making the additional supl~rring data requested by the Architect. (21 cnodifs' the initial Clmm or (3) mxitS' the Architect that the iniual Claim st:rods. seven days, which decision she.[Il be fitu~i tutti binding on the 4.5.'i Controversies and Claims Subject to Amitration..~n,:- 12 A201-1987 4.5.2 Rules and No~loes f~ ~i~'~flon. Cbms bc~een Owner ~d Con[~c~or not r~o~vcd undc~ P~ph if subject co ~bi~on ~dcr Subp~ph 45.~, b~ d~id~d ~endy ~ ~ffect. u~s ~e ~ mu~y ~gr~ ~e~'~e. Notice of de~d for ~bi~on sh~ be ~ed ~ writing wire copy sb~ be ~ed wi~ the Mcbi[ect. 4.5.3 Con.ct Pedo~ance Oudng A~i~gon. Dung ~bi- 4.5.4 When A~i~flon May Be DemandS. ~d ~o~ ~i- ~m[~on o~ ~y ~ m3y ~o[ b¢ ~=d¢ ~[~ ~c ~Qc~ o~(t) thc ~[e on which ~e ~chit~ h~ r~dered a ~ wfitt~ d~i- sion on ~e ClX. (2) ~e ten~ ~y ~er the p~i~ have pre- oppo~ty to do so. if thc .~chit~r h~ not rende~d a written dec, ion by ~at ~te. or (5) my o~ ~c five events d~cribed ~ 5ubp~ph 4.5.4.1 ~en ~ written dec~io~ of thc .~chitect smt~ ~t (i) thc dec, ion ~ Fm~ bur subject :o ~itm~on md (2) = de~d re;de within 50 ~ys ~er thc ~te on which ~e dcmmd ~bitmuon within s~d 50 ~' pe~od sh~l r~uit in the Architect s dec~ton b~omtng t~ ~d bin~ng upon l~iu ~pec~tied ~n Subp~B:phs 4.5.1 ~d 4.5.4 md C~use after the date when i~timtion o~ i~ or equitable proc~din~ b~ea on such Cimm ~'ould be b~ed by the =gplic=ble of Iimimtions ~ de~e~ined puau~t ro pa~gmph J3.7. ~.5.5 kimi~fion on Ca~olida~on or ~oin~r. No arbitration cot ~ described ~ .~icte 6 md other pe~om su~smJ~ly commc~or ~ d~cnbed in ,Mticle 6 sh~l be mclud~ ~ m bag- 4.5.8 Claims and Timely Assertion of Claims. A part)- who demand all Claims chert known to that parD' on which arbitra- tion is permitted to be demanded. When a parry Pmls to include a Claim through oversight, inadver~enc= or excusable negtec:. or when a Ck'mn h:ts matured or been acquired subsequently. 4.5.7 Judgment on F~nal Award. The award rendered by the =rbitmtor or arblw, l[ors shall be final. =nd iudgment may be having jurmdicdon thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 i Subcontractor ~ a pe:r, on or ennty who h~ a ~ire~r contrac~ with the Contractor to perform a poruon of the Work at the site. The term "Subcontractor" is tei"euved to throoghout the Contract Documents ms if singular m number and me-ms a Subcontractor or ma authonz~-d representative of the Subcon- eractor. The term "Subcontractor" does not include a sepm-ate contractor or subcontractOrS o( a sepam£e commc:or. 5.2.4 The Contractor shall nut ch:rage a Subctmtmctor. pers(;n re'2.sormbie object:on to suc--~ c~h:mge. A201-1987 1:3 5.3 SUIBCONTRACTUAL RELATIONS 5.3.1 By appropri~£e agre-m'nent, written where [eg:~ly required for validity, the Commctor shall require e':tch Subcontractor, to the ~=ent of the Work to be pc.fiG:reed hy the Subconrzactor, to be bound to the Contractor by tem-m oi the Contract Docu- and :esponsibtliries which the Contr'actor. by these Docu- tract agreement si'mil preserve md pro[em the rights of the respect to the Work to be performed hy the Subcontractor so that subcontracting thereof will aG[ prejuCic= such nghts, and sh~ allow to the Subcontractor, unless sgec~cally provided rights, re. medie~ and redrer, s :tg:uns~ thc Contractor that the Contractor, by the Contract Documents. ~ a~ar~st the Owner. Where appropt'mte, the Contractor shall reqmre e:~:h. sLmdm-lv ma~e copies of agplic':z~le pomons of such documents 5.4 CONTINGF_NT ASSIGNM~Wr OF SUBCONTRACTS 5.4.1 Each subcontract agre~ment ,~'or a por'~on of the Work is .2 assignment ~ subiect :o the prior aghts of the sure:y, LF my, oblig=[ed under bond re!aung to the Contract. 5.4.2 If the Work hzs been suspended for more than 30 days. the Subcontmctor's compensa=on shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNEr'S RIGHT TO P~-"~FORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS s~te under Conaitions of the Commct idenuc".~l or subsm~qrially 6.1.3 The Owner sh=n provide for coordirmdon ot. the acr~vt- ~. ~e Cont.:or sh~ p~pate ~m omer ~mte con- [mc[om md me Owner m r~e~g ~ coati--on sched- ~m when ~t~ ~o do ~, ~e Con~mctor s~ ~e my ~e co~tmcuon ~h~ulm sh~ ~ comdm~e ~e ~e~u[~ O~er ~ sub~qu~dy r~d. 6.1.4 Unless otherwise provided in the Cont..mcr Docun'tents, when the Owner performs construe'ion or operarions r~ted to the Proiect with the Owner's own ~orces, the Owner shall be deemed to be subject to the same oblige[dons :md to have the sm-ne nghts which apply to the Contractor under the Condi- tions or' the Contract, including, without ~--ccluding other's, those sm[ed in :kr'icle 3, this Art[de and 12. 6.2 MU'FUlL RESPONSIBILITY 6.2.1 The Con[mc:or shall afl'ord the Owner and separate con- tractors te=.sormhle opportunity for i~troduction and 5~omge of their materials and equipment and pe~ormanee of their acnvi- strucraon :md opera:ions with [hems as required by the Contract 6.2..2 it' par~ of the Contractor's Work depends for proper execuuon or results upon construcaon or op¢.mrions by the Owner or a sc?amte contractor, the Contractor shall, prior to proc~ding w~th that por'ion of the Work. promgdy re~.~ort ~o defects not then re-zsonably discoverable. 6.2.3 Costs caused by deD. ys or by improperly mined acnvities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor si'mil promptly remedy cbtmage wrong- ~uLly caused by the Contractor to completed or pm'trolly com- pleted cons[mc,ion or to property of the Owner ar separate contractors as provided in Subparagr=ph 10.2.5. 6.2.5 Claims and or. er disputes and metiers in question between thc Contractor and a separate contractor sh~ be su~- ~ec: ~o the prov~io~ of P~gmp~ ~.3 p~vidc~ the sep~te sm'P,e responsibilities ~or oanmg and patching as are describe~ for the Contractor in pm'-agmpiq 5. i4. 6.3 OWNER'S RIGHT TO CI.F_AN UP P:x,'=gmph 5.15. the Owner rrmy dcm up and ~o~te the ccst 14 A201-1987 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7,1.1 Changes in the Work m=y be =ccomplished ~ter e~xec~- lion or' ~e Contact, md wi~out ~v~g ~e Con.ct, by Ch~ge Order, Co.traction Ch~ge Dir~ve or order ~or a minor ch~ge m ~e Work. sub$~ to ~e ~im~o~ smtc~ in th~ .~cM 7 ~d e~ewhere ~ ~e Contmc[ Do~m. 7.1.2 A C~ge Order sh~ be b~ upon a~e~[ ~ong Dire~ive req~ a~e~ by ~e Owner ~d .~chi[ecr minor ~ge ~ ~e Work may be ~sued by 7.1.3 Ch~g~ m the Wo~ s~ be perfo~ed ~der appli- tot sh~l proc~ prompdy, unl~ othe~e provided m ~he minor ch~ge in the subs~uendy a~e~ upon. ~ R' q~nti~ ongm~y con- ~emplated ~e so ch~g~ m a propos~ Ch~ge Order or Con- to qu~titi~ o~ Work propo~d will ~e subs~n~ inequi~ equitably adi~te~. .1 · ch~ge in the Work; any ~mcr T~e being affected accordin~y. 7.3.2 A Com[mc~ion Ch~ge Dir~ve sh~l be ~¢d in the the panics and ~ mutually acceptable H.xed or percent- age fee; or .4 ~ provided ~n Subgmm~mph 7.3.6. 7.3.4 Upon recap[ of a Co.traction Contm~or s~ grompdy proc~d Work ~volved md ~dv~¢ ~¢ M~it~ of ~¢ Contmc:or's ~ ~¢ Co~tmc~an ~ Dir~ve ~r 7.~.5 A Co~tmc~on ~e gk~c~ve si~ by ~ Contrac- tor ~cat~ c~e a~t o~ ~e Con~c~or ~ewi~, ~dud- memod for deleing ~em. 5u~ a~t sh~ be effec- tive ~t¢~y ~d s~ be recorded ~ a ~e Order. 7.~.8 If the Cont~c~or do~ not r~gond wi[h ~e m~mod for adj~tmen~ method md the 3dj~tment sh~ be determed by t~t on the b~ of ~o~ole expen~mr~ md savm~ of ~ose perfo~mg the Work atmbutabJe to me ch~ge, mclud- CN~e 7 5.3.3. ~e Contractor s~ k~ md prment. ~ such thru 5ubp~gmph - 3.6 shml ge ~it~ ~o ~e lo,owing: .I costa of ~abor. inc!uding soc~ seoanty, old age .2 costa of mater,S, suppli~ md eqmgment, mclue- 7.3.7 Pending final determination of cost Io ~he Owner. anqounts not in dispute may be included in Applications ~or Payment. The amount of credA[ to be -.tllowed by the Commc- [or to the Owner for a de-)euon or change which results in a net firmed by the ArchitecL When both addition.5 acid credits chmqge, the allowance for overhead and profit shall be figured Lrr'wnediately amd si~.=il be ~recorded by pre,ar:non and exec'-'- t:on of m appro?.ate Chln, ge Otter. A201-1987 15 7.4. MINOR CHANGES IN THE WORK 7.4.1 The .~chitect will have authority to order minor changes orders promptly. ARTICLE 8 T1ME 8.1 DEFINITIONS 8.1.1 Urdess otherwise provided. Contract Time is the penott of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Compleuon of thc Work. 8.1.2 The dmte of commencement of the Work is the date estabiishea in the Agreement. Thc date shall not be postponed 8.1.3 The date of Substantml Comptimon is the date cemfied by the Architect in accordance with Pax-=gmph 9.8. 8.1.4 The term 'day" ~ used in the Contract Doot.u'n. ents shall mean calendm- clay unless othe:'wtse specific~ly defined. PROGRESS AND COMPL-~rlON 8.2.1 Time limits sro[ed in the Contract Doc'Jments ~e of the tractor confirms that the Contract Time is .~ rc-.,t.~ma=ie pe:qod (or performing the Work. 8,2.,2 The Contractor m'~l no[ knowingly. :xcept By agree ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contact Sum is stated tn the .-Xgreemenc and. includ- ing authorized adiustments, i~ the total amount payable by the 9.2 SCHEDULE OF VALUES 9.2,1 Before the first Application ~'or Payment, the Contractor shall submit co the .~'chitect a schedule of walues allocated to various portions of the Work. prepared in such form and. sup- may require. Th~ schedule, unless obiected to by the 3.rc.'~itect, shall be used ::.s a b~is for reviewing the Contractor's AppLica- 8.3 APt~LICATIONS FOR PAYMENT 9.3.1 At ieust ten days before the date established ~'or each g.3.1.1 Such applications may iaclude requests tbr payment on included in Change Ore,ers. p. rauon tn thc W~rk. It' approved in advance ~.' the Owner. 16 A201-1987 .-M-chitem's cmo.sonS for withholding ce:'~ification par[ ;~ provided m Subpa.mgraph 9.5.1. 9.4.2 The ~ce of a Ccmflcate for paying[ point in~[~ ~ ~a~. ~o the b~t edge. ~fo~atiofl ~d be~ef, q~W of ~e Work ~ ~ accor- w~ ~e Con~c~ Do~a upon Subs~ Completion. to ~d to spe~c q~tio~ ~r~ . '. ~ - Pay- ~, m¢~o~, technique, scqucnc~ or procedure. a~ree on a ~¢visea ~oun[. ~h¢ .McBi~ ~ilI pr(~mpdv ing probu~le ~fling of such c~s: equipment: 9,5.1l When the above reasons for v~-xhholding certification ~e removed, certification will be made for ~oun~s prewo~tv withheld. 9.fi,1 .~er ~e ~hi[ecr ~ ~sucd a Cemficate loc Payment, t~e provided m ~e Cbn'~ct ~men~. md sh~ so noti6' ~e Mchit~t. 9.6.2 ~e Contractor s~ promptly pay m~ Subcont~ctor. prod to me Contractor on account of such Subcont=ctor's por- tion of the Work. ~e ~o~t to which ~d Subcontnctor mtid~, refl~g percmmg~ ac~ly re--ed from of ~e Wo~. ~e Contm~or sh~, Dy appropriate a~eement 9.~.~ ~e Mchit~t wifl, on requ~t, ~m~h to a Subcontrac- tor, ~ pmcncable, info--on r~d~g ~rcenmgm of com- 9,~.4 Nei~er ~e Owner nor .gchitect s~ have m obli~ion s~fl~ ~ that prov~de~ in Suopmgmp~ 9.6.2.96.3 ~d 9.0.~. 9.6.S A Cem~cate for pa~en[, a pro~ess payment, or parti~ Owner md McNl~ec:. stop tge Wor~ un~l payment of shut4own. ~e~y m~ st~-up, which sh~ be accompl~hcd 9.8 $U~TA~AL ~Mp~ON ~.8.1 Su~s~[i~ Compieuon ~ me stage m the progress of Wor~ w~en the Wor~ or desisted pomon thereof is su[fi- or co~teO. The Co~[mc=or sh~ proc~ promptly to com- mie m ~peoao~ ro ~=~me w~emer me Work or A201-1987 li oared portion thereof is substanually complete. If ~e tot shaJJ, before '~s,scm.nce of ~¢ C~,~fic;te of Subsmnuai Com- ~rchitec=. The Contr'ac~or shadi then submit a request tot :mother inspection by the .&rchitect to deterrmne Substantml Completion. When the Work or designated, pomon thereof is substanr, mJly complete, the ~chitec~ w~l prepare a C~"-m~icate of Substantial Completion which, si~ail establish the date of Sat> st:mtml Compienon, shall establish responsihilities of the Owner and Contrac:or for securiqr, maintenance, beat, uulines. damage to the Work and Lr~ura.ncg, and shall fix the amc within which the Contraczor s~ll finish all items on the list accompanying the Ceruficate. Wart:runes requked by the Con- Compledon of the Work or designated pornon thereof m'tless otherwise provided, in the Cero_ficate of SubsmrJal Comple- tion. The Certific=t¢ of Subst:mtml Complenon shall be sub- 9.8.3 Upon $ubsmntJal Compienon of the Work or designated pomon thereof and upon application by the Contractor :,.nd cemficauon by the Mchitect. the Owner shall make payment. reflecting adjustment in retamage, if:my, ['bt such Work or pof 9.e~ PAITrlAk OCCUP/tNC¥ OR USE 9.9.1 The Owner may occupy or use any completed or par- truly completed portion of me Work at any stage when Such pomon ks desLgnated by separate agreement with the Commc- insurer zs reqmrea under Subparagraph t i .3. i t and authorized assigned :o each of them for payments, remmage it' any. seca- prepare and submit a list to the .gchitect as provided under Subparagraph 9.8.2. Consent of the Contractor to pacdai occu- p:mo/or use shall not be unmusonably withlaeld, The stage of the progress of me Work shall be d. etenmined by written agree- 9.9.2 bm-nediateiv poor ~o such partml occupancy or use. me 9.10 ~NAL COMPLETION AND ~NAL PAYMENT 9.10.1 Upon :mc::pt of wnnen nonce that tile Worn :.s .'=~,y Appti~uon for ?avment. the Arcmtec: wdi promptly such inspecuon :md, when the :Lrd'fitect finds the Work accept- able ,under the Contmc= Documents :md the Contract fully per- formed, the ~chitec~ will promptly issue a final Certifica£e for Payment stating ttmt to thc best of thc Arc,~itect's knowledge, informauon and be!Mr, :md on the b~is of the Arc.hitccfs observations and Lnspections, the Work ~ been completed Ln accordance with terms and conditions of the Contract Docu- ments :md mat the mttre balance found to be due the Contrac- tor :md noted in said final Ce.-'dficate is due :md payable. The .~'chitec:~'s Final Cerotica~e for P=yment will constitute a f~rther represenrauon th=t conditions LLsted in Subparagraph 9.10.2 precedent to the Contractor's being enntied to final payment bare been 9.10.2 N~ther Fzr=l payment nor my remaining retained pemmatage stroll become duc until thc Contractor submits to mc .~xchitec= (1) an :fffidavit ti'mt payrolls, bil~ ~r matenal.s :md eqmpment, md other indcbtcdnc.~ connected with the Work for wbich the Owner or the Owner's property/ m~ght be responsible oc ~ncumbered have bee~ paid or or~lcrwts¢ s~us~ed, (2) a cerfifleate ~idenc- in~ th;t ~nsura~c: eequired by thc Coot=ct Documents to r~'n~Jn ~i [orce ~er ~ p~ymcnt is cu~entiy in ¢ffec~ ~rld will dot be c:mcefled or ~Llowcd io e2~ire until at le-2.~t ~0 days' pnor written noBc~ ~ bee~l ~ven to the Owner. (~) a written requi~ed by ~c Contract Do,2mmcn~s. (4) ~my, ~o flr~ p~yment znd (5). if reqUL~d by thc Owner, other dam ¢~mbEshinB L~ such form as may be d~i~cd by ~¢ Owner, If~ 5ubcon- Owns. ~¢ Con~mcro~ sh~ ee~d to the O~er ~ money ~t the Owner may be compefl~ ~O p~y m ~g su~ ~ien, ~clu~ng ~ cos~ 9.10.3 If, :~ter Substantial Completion of the Work. final com- pleuon thereof is materially dcMyed through no ~ault of Contractor or by issuance of C.h:mge Orders affecung final completion, md mc Arciaitect so confirms, the Owner shall, upon applicanon by the Con~rac=or and cemfication by thc ,~'chitect :md without terminating thc Contract. make payment of the balance duc for that por~inn of thc Work f~iiy completed and accepted. If mc remaining balance for Work not Mlly cam- pieted or corrected ks tess than :eminase stipulated in the Con- tract Documents. :md if bonds have been [~mi~bed, the wnnen consent of sure~ :o payment of the bsa. ce due (or that pof uon of the Work fury completed :md accepted shaft be submitt :ed by the Commc:or to the .LrchLtect prior to certification ot such payment. Such payment shail be made under :errns ;md contiitions govemm$ fmfl payment, except dmt it Shaft not coo. stitute a waiver of clmms. Thc making of tidal payment shall constitute a waiv&r o( claims by the Owner as provided in Sub- paragra~ h 4.3.5. 9.I0.4 Acceprm'lce of final payment by ~qe Contractor. a Sub- :md ide:{r.~led by mat pay~ as unsettted at the twne of ~rmi Applicauon for Payment. Suci'~ waivers srmli be in adedtion to the waves desC.,--ibea in ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SA~-~ l Y PRECAUTIONS AND PROGRAMS 10.1.1 Thc Contractor shall be respor~.sible for inidaring, mare- taming mad supervising ~AI safeW precautior~s and program~ ~t connection with the perr'ormance of the Contract. marerml reasonably believed to be asbestos or polycJllormared bipheny[ (PCB) which ha5 not been rendered harmless, the Contractor shall immediately stop Work in the area aaefected and repor~ the condition to the Owner and .~'cftitec~ m writing. The Work in the arTe~ed area shall not therea~er be resumed fac: the mare:~l is asbestos or polycl-dormared biphenyl (PCB) :md haz not bemq rendered harmless. The Work in the ~fected area shall be resumed th the absence of ~bestos or poiychlon- hated biphenyl (PC~). or ~,'hen it h~ been rendered harmless. M[icle 4. 10.1.3 The Contractor shall not be required pursuant co 3a'[ic!e - [o perform without Consent any Work relating to a-sbesto$ or pulychk)rmate,A biphenyl IPCB). 10.1.4 To the ~llest e.~ent permitted by ~aw, the Owner shat indemnify and hold ~l~s the Comae:or. ~rom perforce of'~e Wo~ m ~e materi~ is ~[os or poiyc~lodna[~ claim. ~agz. [o~ or ¢xpe~e ~ c=~d in p~ by a pa~y d~c~bed m ~ Subp~ph [O.l,~. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contrac:or Shall take r~onabl~ pre~<ut[ons sa/cry oL ~d ~n~ provide r~onable protection .1 ¢m~iove~ on the WorR md othe: pe~ons who may be ~ected thereby: 10.2.2 The Contractor shall give nouc~ and comply with applicable laws. ordinances, cule~, regulations and law~ul orders of public authorities bearing on safeW of pe=ons or property or their protecnon from damage, injury', or loss. 10.2.3 The Contractor shall erec~ and maintain, as required by e2dstmg conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting da.qger signs and other wammg~ agmn~t hazards, promulgating sa~ery regulations and noticing owner and use= of adiacent site~ and utilitie& 10.2.4 'Tv'hen u~e or storage o~ explosives or other hazardous mareriab or equipment or unusual methods are neces$arv for execution of the Work. the Contractor shall e.xer~,se ut~nnst care and carry on such actlvitie~ under su~rvtsion of properly qualified pe=onneL 10.2.5 The Contractor shall promptly rernedy damage and loss (other than damage or loss insta'ed under property in$urance required by the Commct Doo. aments) to property referred to th C~uses 10.2.1.2 and 10.2.1.3 eaused in whole or in part by the Contractor, a Subcontractor, a Sub-subeontrac~or, or anyone direcdy or indirecr, ly employed by any of the,n, or by anyone for whose act5 they may be {i.-lble and for which the C~ntr~ctor is responsible under C~use5 10.2.1.2 and 10.2.[.3, except damage or loss attributable ro act5 or omissions of the Owner or Architec: or anyone directly or indirectly emnloved by either of them. or by anyone for ~'hose acts eir~ler o~ th~-m ma~ be liable, and not attnbutabie to the fault or negligence of Contractor. The foregoing obiigarion$ Oi the Cont~ctor m'e in arldition to the Com~ctor's obdgattons under P~_m-aph 3,18. 10.2.8 The Contractor shall destgnate a responsible member of the Contractor's org=n~z.ation at :he site whnse duty shall be the prevention o( accidenLs. This person shall be the Contrac:or's superintendent unless other~vise de~ignatec[ by ~e Contractor. in wnting to ~he Owner and ACC~iteCL 10.2.7 The Contracror sllalI not load nc pem-n£ any part of the 10.3 EMERGENCIES 10.3.1 [n an emergency aifecting safety of persorts or property, of an emergency shall he derermmed as provided in Paragraph -~.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILWY INSURANC~ 11.1.1 The Commcror shall purc.21ase from and maintain in a company or companies [awMlly authon.Zed to do business in liable: dLsac, iiry b,m,e_':t and or2'.~ sLm~iar ~-'nmovee w~c~h ~e a~dC:~le to the Worn to ~e P~-tormedi A201-1987 19 .2 claa'ns for damages be~:amse of bodily inlurxf, occ*~pa- employee-s; .3 cl~s flor ~ages became of ~o~ly ~ju~, sic]me~ .~ c~s for ~g~ ~sured by ~u~ pe~on~ inlu~ ~i=OfliW coverage which ~e s~ned (1) by a person employment of such pe~ by t~¢ Contractor. or (2) .~ ci~s ~or ~g~, other ~ ~o ~e Work i~elh became of ~luo' ~o or d~tmction of m~ble prop- erw, ~duding loss o[ .7 c~m~ ~volving con[mcm~ ~abi~t~ ~umc¢ appli- cable ~o ~e Contractor s obligatio~ under P~ph 1 ~. 1.2 The [~umc¢ required by Subp~g~aph wmt¢~ ~or not ~s th~ [~i~ o[ [iabfliW ~pec~cd ~ [h~ Corn Thee C~mfimt~ md ~¢ in~u~mc¢ ~or Puymcn~ ~ required by Subp~graph 9. I0.2. 11.2 OWN~'S ~BI~ 11,2.1 The Owner ~h~ be r~po~ibl¢ ~or purch~ing and m~mg the Owner's ~ liability ~umc¢. Opdon~ly, 11.3 PROP~R~ INSU~NCE 11.3.1 Unl~ orncm'~se pruvided, the Owner sh~l purch~e required by Am Pxmgraph 11.5 to be covered, whichever is earlier. This imurance shall ~clude ~¢er~a of the Owner, Work. 11.3.1.1 Prope~y ~umce sh~ be on m ~-~k poii~ ~o~ md sh~l insure a~[ the pe~ of F~e md exmnded coverage md physic~ loss or ~=ge ~dudin~, w~[hout dupli~tion of coverage, [he~, vroom, m~icio~ m~chief, coBapse, work. tempos' buil~ md deb~ remov~ ~clu~ng demolition occ~ioned by enforcem~[ of ~y applic=ble insured loss. Coverage for other pe~ sh~[ no~ be required 11.3.1.2 ~ ~e Owner do~ not ~t~d [o purch~ such prop- erW ~su~ce r~u~ed by the Contmc: ~d with ~ of ~e [or ~s ~ag~ by the fmlure or n~ect of the Owner to pur- l 1.3.1.3 If ~hc prope~ insu~ce requires mm~um deduc~i- bl~ ~d such dcduc~bl~ ~e identified in the Con~mc: Docu- bc~e of deductibles. 11.3.2 aoil.r and Machine~ I~sumnce. Thc Owncc sh~[ 11.3.~ Lo~ of Use Insurance. Thc Own¢[. ~[ ibc Sh~ be ch~J to mc Contractor by apprapm[~ Ch~ge 0 r~er. 20 A201-1987 11.3.5 If durmB the Project construction period ~e Owner [nsur~ properties, tn-al or personal or bom, adio~ or adi~- ccn~ m ~e site by propc~ ~u~ce ~dcr ~aes s~[e from ~ose ~g ~c Proie~, or ~ ~er ~ pa~en~ prop- e~ ~u~ce a to be provided on ~e compler~ Proje~ ~r~u~ ~ poH~ or poHci~ o~er m~ ~ose ~g ~e P~i- ~m ~ accor~ce wi~ ~e re~ of Subp~ph I I.~.7 for ~g~ ~ed by fire or o~er pe~ covered by ~ sep~e prope~ ~s~c~, .~ s~[e poiid~ s~ provide ~ 11,3.$ Before an ~posure to loss may occur, the Owner shall File with the Contractor a copy of each poiicy thut includes Lruurance coverages required by this p2mgmph 11.3. Each policy sh.-nll conrmn ali generally applicable conditions, de£mi- uons, exclusions and endorsements rela. ced to ti'ras projecx. Eacln policy, sl-mil cont=.m a provision that the policy will not be conceded or allowed to expire until at Ieast 30 days' prior writ- ten notice has bc=~n given to ',he Contractor. 11.3.7 Waivem of Subrm:Jaflon. The Owner md Contractor wmve ail rights ag:mast (1) each other and :my of the~x su0con- oth~. md (2) the A~chitecr, :krchirect's consuimts, separate contractors described in .~-~icie 6. if any, and any' of Lhetr sub- al.Trudges caused by fire or omer per~ to the ~xtent cov~ed by' property irtsurance obtmned pursu.'mt to thts P'=agmt::n I 1.3 or ngilts as they :nave to proceeds of such insurance held by the shall require of the .~chitecr..-h'chitem's consultants. contrxcrors described in .-~ric!e 6. if any. and thc subcontmc- by appropriate agreements, written where leggy required for val. ic3ty, similar waivers each in favor of other par~ies churn- had. an insurable interest in the prope,r'ty damaged, 11.2.8 A loss insured under Owner's properr% Lnsurance shall be :2diusted by the Owner as fiduC2m-y and made payable to the Owner as fiduda~ry for thc insureds, as their interests ma5' appem-, subiect to requirements of any applicable mor~g:2gee ct=use and of Subparagraph 11.3.10. The Coho'actor sh~ll pay Subcontractors meir just shares of insurance proceeds received by me Contractor, and by approprmte agreements, written *,-here Iegnlly required ~or vaQdity, shall reqtm-e Su0contmcrors to make payments to ineir Sub-subcontractors in simdar manner. 11.3.9 if required in ,xmting by a parry in interest, the Owner as ~aucmp/ snail, upon occurrence of m insured loss. ~ve bond ~or proper performance of thc Owner's dunes. Thc cost of required bonds shall be charged agrdrtst proc~cis received as riducmry. The Owner shall deposit Ln a separate account pro- ce':'~ LO received, which the Owner snail dJ~mbutc m accor- ~c: with sucq :2gr~ment as a~e p:lrrtea in inte.~t rrmy reach. ~rocedurc srmal be as provided m Paragraph -~.5. ~' 2L'~Cr SUCU :ass no omer spcc~ ogre=neat is amde. repLac----mmt of age."_ oroperry snail be covered by approprmte Cf'range Ord,. 11.3.10 The Owner as fidudary shall have power to adjust and setde a loss with insurers unless one of the parties in interest shall obiec~ in wining within tire days a&er occurrence or' loss to the Owner's exerctse of this power: if such objection be made, arbiwamrs mall be chosen as provided in p0.mgraph 4.5. Thc Owner as flduCmry shall, in that case, make settlement with insurers in accordance with directions of such m-bitr'ators, if disthbuoon of insurance proce~ by arbitmuon is requtred, the zrbitmrors will c~rect such disthbunon. 11.3.11 p?a'rml occupancy or use in accordance with p:2ragraph 9.9 shall not commence untd the insurance company ar corn- pomes providing property mSUr.ance have consented to such pm-tml occupancy or use by endomernen~ or other'wise. The Owner and thc Contractor shall take reasonable steps to obtmn consent of thc insurance company or companies and shall, without mutual written consent, rake no action with respect to partial occupancy or use that would cause cancellation, lapse or reducuon of Lnsurance. 11.4 PERFORMANC8 BONO AND PAYMENT BONO 11.4,1 The Owner stroll have the right to require the Contrac- tor [o ~mmh bonds covering ~mthl~l performance of the Con- tra~ and payment or' obligations arts:ns thereunder as stipu- lated m bidding requirements or specific, ally required in the Contract Documents on ~e date of execution of the Contract. 11.4.2 Upon me request of any person or entity appexrmg to be a potendal beneficmry of bonds covering payment of oblig=- tlons 2'k~ing under the Contract, the Contractor shall prompdy Pummh a copy o~ the bonds or sl'mli permit a copy ro be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 [fa pomon of the Wor~ is covered contrm-y io thc Architect s request or to requirements specifically expressed, in the Contract Documents. it must, if required in writing by the Architect. be uncovered for the Archicecfs observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 Ifa portion of the Work has Been covered which th= A201-1987 21 fo~ commencement of w~rinties csub~ished under Sub- pae=gr-aph 9.9.1, or by' terms of ;m ~ppUc:lb~e special ~¢qu~¢d by ~c Contract Doc~cnu, ~y of ~c ~o~k 2 ~c= of such tone,on. ~m ~od of one y~ ~h~ ~ndcd wi~ ~pcct m po~o~ of Work fi~ ~rfo~cd Subs~ Complcuon by thc pc~od of ~c bc~n Subs~- ~ Compaction ~d ~c ac~ pcrfo~c~ of ~c Wo~. obligation ~dcr mU Subp~ph 12.2.2 sh~ ~ivc ~cc=~ ~2.2.3 ~ Con~cmr sh~ rcmov~ f~m ~ sitc ~mio~ of of ~e Contm~ Do~en~ ~d ~e n~er corr~ted by 12.2.4 If ~¢ Contractor f~ ~o co~ecr ~onco~o~mg Work ~ce with P~gmph 2.~. If [he Contractor do~ ~ot Co~.t~cr Sum sh~I b~ ~uced by ~h¢ deficiency. [[ p~yme~ ~2.2.B Nothing contained [h ~ P~gmph 12.2 sh~ be con- ~ d~c~bed [h Subpam~ph 12.2.2 re~t~ only ro ~e s~ec~fic re,do,hip to the ~ime within which the obii~tion to ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13,1.1 The Con[mo: sb-,~tl be governed by [he [aw of~e place whet: ~e Prcie~ ~ 13.2 SUrE.ORS AND ~IGNS 13.2.1 ~e O~er ~d Contm~or r~p~[vely b~d ~em- selv~, ~ex p~e~. succ~m ~i~ md [e~ c~r~enm- =si~ md le~ r~mfivm of such omer p~ m respecr ro covenm=, ~men~ m~ o bli~flo~ con~e~ m ~e Con- tmc: D~m. Nei[h~- ~y to ~e Con[mm sh~ ~i~ ~e eith~ p~ atremp~ to ~e su~ m ~i~ent without such count, mar p~y s~ =eve~s rem~ l~y rmpomibie for ~ obHgnfiom under me Con[m~. 13.3 WHi l/mN NO~C~ 13.3.1 ~d=~¢~ nouc¢ ~h~ ~¢ d~ ~o hove been duty sec'ed if deliver~ ~ pe~n ~o ~e ~v~d~ or a member of m~l to ~e [~ B~in~ a~r~ ~nown ~o ~e p~y ~vmg 13.4 RIGHTS AND R~MEDIES mcr,~ ~C d~ mc :em~es av~oic ~cr~under sh~ be m eeme.~es ome~'~ ~o~ or av~=~e by 13.5 TESTS AND INSPECTIONS 13.5.1 Te~ts. iospec:ior.5 :md approv:zls of portions or' ibc Work required by r~e Contract Documents or by 'laws. ordi- jurisdic:ion shall be m3de at an appropn.~te time. Unless other- appropriate public :umcnh'y, md sh~ bc'm' ~ reiated costs of 22 A201-1987 The Owner shell1 ben.r such costa except as provided m Sub- pzrag_mp h 13.5.3. 1~.5.3 If such procedur~ for c~tmg, ~p~ion or approv~ uneer Subpmgmp~ 15.5.1 md I3.5.2 ~v~ ~ure of ~e po~o~ of ~e Work ~o comply wi~ req~ ~b~hed by ~e Commct Do--eno, the Conm~or s~ b~ ~ cosu made nec~s~ by su~ ~ure m~u~g ~ose of r~ted expenses. 1~.5.4 Requk~ cemfi~t~ of tm~g, ~on or ;¢prov~ sh~, uffie~ othe~e requ;ed by ~e Contact Do~en~. Be secur~ Dy me Conmmor md prompOy defivered to ~e 13.5.5 if the Architect is to observe cesta, inspections or approvals reqmred by thc Contract Documents, the M-chitec[ wdl do so promptly and, where pracncable, at the normal place of tesdng. delay in the Work. 13,6 INTEREST 13.6.1 Payments due and unpmd under the Commcr Docu- ment shall bear interest from the date payment ~ due az such rate as the pm'~ies may agree upon in w'nting or. in the absence thereof, at the leg~ cate prevmling from tune to un~e at :ne piace where the Project is located. .1 Before Substantial Completion. _~ to ac~ or f~ures to act occurring prior to the relev=.nt date of tml Completion. any applicable statute of tim;rations .2 Bet~ve~n Substantial Completion and ~nal Ce~ Completion md p~or [o i~c= of ~e ~ cate for P=yment, my app[ic~le statute of limi~tio~ .3 After Final CeCile for Payment..~ :o acm or :race of [he fin~ Cem5c:te for P=men[. my ~ppii- ~y w~[y provide~ u~der P~ph 5.5. the ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor m:~y terunrmte me Commct if the Work is stopped for a period of 30 days through no act or fault of the gontr=c=or or a Subcontractor, Sub-subcontractor or :~genr. s or employees or any other persons pcrformm$ pomona of the Work under canmacr with the Contractor, for any of the following reasons: .1 ~uance of an order of a cour~ or other public author- iv/' lmvthg jurisdiction; .2 an act of govermment, such as a decimation ot'natiocml emergmncy, making material un:lv-ailabie; .3 bec2me the ~chitecr t'm.s not issued a Certificate for payment and has not not~fled the Contractor of the' re:rson for withholding eervaication as provided Subparagraph 9.4.[, or because the Owner has not made payment on a Cc.~cate for Payment within .4 if repeated suspensiorrs, delays or interruptions by the Owner as desc=bed aq p=ragraph 14.3 constitute the aggregate more ti'mn 100 percmt of the tot=l num- ber of days scheduled for comple~on, or i20 days in any 365-day period, wbac~ever is lin.s; or .5 the Owner h~ a~ied to ~mish to the Contractor prompd¥, upon ~e Contractor's request, reasonable evidence as required by Subparagraph 2.2.!. 14.1.2 It' one of the =bore reasons e_xasrs, the Contractor may, u,con seven addiuon=l days' wntten not,ce to the Owner md .~chitect, termirmte the Contract and recover from the Owner payment for Work ex. ec,,~ted :md for proven loss with respect to mate:mis, eqmpment, tools, and construction equipment and machine.'7, including reasonable overhead, profit md damages. 14.1.3 [f d~e Work is stopped for a period of 60 days through no act or ~uit of the Contractor or 1 Subcunt=ctor or thc:r asenr_s or employees or any other persons performing pomona of the Work url~er con,tact with the Contractor bec=use the Owner has persrstendy fmled to rial£fll :he Owner's obiiganons under ~he Commct Documents with resp~t to runners impor- tant to the progress of the Work, the Conwactor may. upon seven addition;fl days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner · s provided in Subparagraph [-~. i .2. 14.2 TE~MINA'~JON BY THE OWNF_~ FOR 14.,2.1 The Own~ may terminate the Contract. if the Contractor: .1 persistendy or reptmtedly re/uses or ~ ~o supply ennugh properly skilled workers or ~roper ,2 Pm/s ~o m:~e p:tyment ~o Subcon£r'actors for matem',is or labor ~n .;ccorC:mce with the r~pectlve .3 persistently disregards taws. ordinance, or ruics, reg- ulations or orders o~ a pubtic authority having ,4 otherwise is guilty o(5tlbstm'lti~.l br~c~ o(:I provmon 14.2..2 ~.~n any of the above .,'et.sons e:~.st. ~e O,amer. upon A201-1987 23 t~N such acraon, may wimout preiudice to any omer r:ghts or re~nedies of me Owner md. a~er giving the Contractor and the prior rights of the sure.':y: .1 t~ke posse~ion of the site and of ~[i mate~ --'ml~, equip- ment, tools, and con.s~ruc:ion equipment and mac. bm- graph 5.4; and .3 tLnmh the Work by whatever re.~onable method, the Owner may de..~n e.-cp, edie.q[. 14.2.3 W'nen the Owner ~erminate~ the Contract for one of the rezsons stated in Subparagraph t 4.2. I, the Contractor sh=ll not be cnuded to recmve further payment unul the Work is Finished. 14.2.4 Lf the unpaid bmance of me Contrac[ Sum e.xc:~[.~ costs of finishing the Work. including compertsation for the .~chi- unpaid bal::uqce, the Cont:zc~or shall pay the differmc: co me the c:~e may be, sh=ll be cer~ed by the :b'c~itect, upon appli- cation, md ~m ob~ion for paym~z sh~ su~ive tion of ~e Contract. 14.3 SUSP~SION BY ~E OWN~ FOR CONV~I~C~ 14.3.1 ~e O~er ~y, wt~ou~ ~e, order writing [o s~p~d, deny or ~te~p[ pm for such period of me = me Owner may delete. 14.3~ .~ adj~[ sh~ be made for mc~ m me cost of p~o~ce o( ~e Con.ct. mdu~g profit on me mcr~ed cost of perforce, mined by s~ge~ion, de~y or mte~p- . pend~, d~yed or ~[e~p[~ by morner ~e for whi~ me Con~cmr ~ resgo~ible: or ~ ~at m equitable adjunct = ~de or demed under 14.3.3 Ad~en~ mace m me cost o( perfo~ce may have a mu~y a~ C~xed or gercenm~ 24 A2.01-1987 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: '.. (Owner/Contracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents' do for its successors and assigns remise, release, and forever discharge the said (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants,' contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. ,191 and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seat to be hereto affixed and duly attested by its __ this day of ,19 Attest: Principal: PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY =-=5 NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor wilt not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgradin~J, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which ne has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in wdting, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract, if such a tabor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and ~b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. The Contractor will comply with the ,drevision of Sections 29%229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights, and the Owners representatives / counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. ? This Contract may be forthwith c~nceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency untit he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action Jn enforcing such provisions of such subcontract or purchase as the Owner/Contracting Agency may direct, including sanctions or remedies for non~ compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shall comply with the applicable provisions of the 'Labor Law'' as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. Each and ever~ provision of ta',~'and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts. discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discdminatad against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. 8y the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his es[abliahmects, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Opportun~ clause in his contract. As used in this ce~fication, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time ctocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, ddnking fountains, recreation or entertainment areas, transportation, and housing facili~ee provided for employees whict~ are segregated by explicit directive or are in fact segregated cn the basis of race. creed, color, or national odgin, because of habit, local custom, or obherwise. He fuller agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time pedods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certificaticns for specific time penoos): 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. "Dudng (1) (2) (3) (4) (5) (6) A certification of Nonsegregated Facilities must be suomitted prior to the award of a subcontract exceeding S 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for ma~<ing false statements in offers is prescribed in 18 U.S.C. 1001. ,... the performance of this contract", the Contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national odgin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated dudng employment, without regard to their race. creed, color, or national ohgin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer;, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondisc~mination clause. The contractor will, in all solicitations or advertisements fcr employees placed by or on behaif of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with ail provisions of Executive Order No. 11248 of September 2,~, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination ctauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sancfions may be imposed and remedies invoked as provided in Executive Order No. 11246 of SeptemBer 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of Paragraphs (1) through (7) in ever,/subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor ~ssued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Required Information (a) Requirements for prime contractors and subcontractors, (1) Each agency shall require each prime contractor and each pdme contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reporLs on Standard Form 100 (EEO-1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such phme contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) bas 50 or more employees; (iii) is a prime contractor or first-tier subcontractor;, and (iv) has a contract, sub-~ontrac~ or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings no[es: Provided, that any subcontractor below the firs[ tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date ofthe award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a pdme contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance wrth the prime contractor's or subcont]'actor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. 1-12.805.4 Reports and Other Required Information (bi Requirements for bidders or prospective contractors. (2) (3) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropdata, to state in the bid or at the outset of negotiations for the contract whethe~ it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: 'The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are e~empt fi'om the clauses) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. in any case in which a bidder or prospective pdme contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 1 t246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other penod specified by the agency or the Director. A bidder or prospective pdme contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, pdor to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. ( C ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall he used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. ( d ) Acquisition of Report Forms. Standard Form 100 is available in ail GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard : Form No. Stock 'Number Title 100 7540-926-2049 Equal employment opporbJnity employer information report. 1-12.805.4 PROCUREMENTSTANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in We construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entiUed. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Depart~ment of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of_8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, ro dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or b'ansmission of intelligence. Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and pdces. The provision shall advise ~he recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allo~vabte levels authorized by the Cost of Living Council regulations or standards. Vieiations snell be reported to the Grantor Agency and the local Internal Revenue Ser,zice ~eld office. Contracts and subgrants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with ali applicable standards, orders, or regulations issued pursuant to the CIean Air Act of 1970. Violations shall be reported to ~he Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contrac,'ual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contrac-,s :arms. and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee inciuding the manner by which it will be effected and ,the basis for settlement. In addition, such contracts shall describe conditions under which ,.'he contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances =eyond the control of the contractor. In all contracts f r " '~- ~' o construe, on or ,¢cJity improvement awarded in excess of $100,000, grantees shall observe ~he bonding requirements provided ~n Attachment B to this Circular. All contracts and subgrants in excess of S 10,000 snail include provisions for compliance with Executive Order No. 11246. entitled, "Equal Employment Opportunity', as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shall be required to have an affirmative action plan which declares ~hat it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors ar subgrantees and to assure that susl2ected or reqor~ed violations are promptly investigated. COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemp/ated by the contract shall be permitted or required to ,/cork more than eight hours in any one calendar day or more than five days in any one week except in ~he emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a [egJbte statement of ail wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3~ provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any iob under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish wdtten evidence of the registration of his program and apprentices as well as of the appropriate radons and wage rates, for the area of construction pdor to using any apprentice on the contract work. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hidng of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discnmination which also prohibits discrimination in employment because of age); (c) That there may be deducted from the amount payable to the contractor by the State ar municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the conU'act: (d) That this contract may be canceled or terminated by t~e State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers even/contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed wth n th~ territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately pdor to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmfut dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor, and that if the provisions of Section 222-a concermng harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Even/Slate contracting agency, including Public authorities, must include in each contract paracraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12~ 1963 and amended November 14, 1963. Labor classifications not appeanng on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by tim department of junsdiction after being advised by the New York State Deparb'nent of Labor. The contractor shatl make such provision for disability benefits, workmen's compensation, unemployment insurance, social secunty and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work descnbed in this contract sriatl post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall b.,: posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment.* The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. $10.00 to obtain specifical (postage included} 11/25 11/25 11/28 BID - STAIRWAY TO BEACH AT ROCKY POINT ROAD BID OPENING: 10:00 a.m., December ~,, 1997. 2. 3. a,. 5. 6. 7. Latham Sand and Gravel, P. O. Box 776, Orient, NY 11957 KJB Industries, 70 Park Rd., Riverhead, NY 11901 727-5600 Atlantic Coast Dock Bldg. Corp., 72 Tahlula La., West lslip, Bm 323-2585 NY 11795 - 587-0121 NOTICE TO B~)DERS NOTICE IS H~BY GIVEN, accordance with ~h~ provisions of S~clion 103 of the C~neral Municipal Law, that stated bids ~1~ sot~t and requested for f~ruisbing all labor, mmt~rllds and equipment as required for the constFuction of stairs and htltdJl~ af the end of Rocl~, Point Road, East Marion, N.Y. Specifications may 5c o~tained al the (~fice of thc Town Clerk, Town of $outhold~ Town Hall, 530~$ Main a $10.00 non-refundable fee, madc Main aoad~ Southold, N.Y, un~ 10:00 am., Thurlday, DecembeF 4, 1997, at which time they wiJJ Ix~ opcncd and t~cad aloud in public. The ~ Board of the FCjcct any and all bids and waive afly and all info~malitics in any bid should it Stairs & Landing at RocJ~ Point SOUTHOLD TOWN CLERK ~22~7-1TN20 STATE OF NEII~RK) ) SS: iLl l. , ,,attltu k. In said County*, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for ~ weeks successively, ~omxnencl~g on the ~l__day of k~(~ 19q7- Principal Clerk Sworn to.fore, me this. ~_~ ~ day of x9 ? NOTARY ~USLIC, S~AI~ O~ NO 52~552q2, C~)NqNliSS~ON 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 13th day of November 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 8oard, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice to Bidders, Construction of Stairs and end of Rocky Point Road, East Marion, N.Y. Bid opening: Thursday, December 4, 1997, Southold Town Clerk's Office. Landing at the 10:00 a.m., Sworn to before me this 7th day of November, No(ary Public 1997. Judith T. Terry ~ Southold Town Clerk NN~ Public. $.,,,te of N~w Y~k o. 4822563, Suffolk County Term Expires D~.~111)~r 31, lg LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all labor, materials and equipment as required for the construction of stairs and landing at the end of Rocky Point Road, East Marion, N.Y. Specifications may be obtained at the Office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, N.Y., upon payment of a $10.00 non-refundable fee, made payable to the Southold Town Clerk. The sealed bids, together with a bid security in the form of a certified check or Bid 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, N.Y., until 10:00 a.m., Thursday, December q, 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 waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked, "Bid on Stairs ~, Landing at Rocky Point Road", 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: November 13, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON NOVEMBER AFFIDAVIT OF PUBLICATION TO HALL, PO BOX 1179, SOUTHOLD, Copies to the following: The Suffolk Times Town Board Members Town Attorney Superintendent of Highways Jacobs Dodge Reports Brown's Letters Burrelle's Information Services Construction Data Corporation Town Clerk's Bulletin Board 20, 1997, AND FORWARD ONE (1) JUDITH TERRY, TOWN CLERK, TOWN NY 11971. INVITATION TO BIDDERS: STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY November 13, 1997 INDEX TO SPECIFICATIONS INVITATION TO BID & BIDDING REQUIREMENTS PROJECT DESCRIPTION INSTRUCTION TO BIDDERS PROPOSAL FORM STATEMENT OF NON-COLLUSION BID BOND OFFER OF SURETY GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION GENERAL RELEASE PREVAILING WAGE RATES NON-DISCRIMINATION CLAUSE & COMPLIANCE WITH LABOR LAW INVITATION TO BID _ Project: Construction of Stairs and Landing at the end of Rocky Point Road, East Marion, NY The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as required for the construction of the stairs and landings at the end of Rocky Point Road, East Marion, NY, in accordance with the plans and specifications prepared by James A. Richter, R.A., Southold town Engineering Department, Peconic Lane, Peconic, NY.~ Bids will be received, at the Office of the Southold Town Clerk, Southoid Town Hail, 53095 Main Road, Southoid, NY 11971, until 10:00 a.m., Thursday, December 4, 1997. All specifications are provided herein: drawings to be attached. A fee of ten ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. : This invitation to bid is not an offer and shail 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 Southold reserves the right to waive any informalities and reject any or all bids and to retain bids for 4~ 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 mount of $% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: November 13, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southoid Town Clerk PROJECT DESCRIPTION CONSTRUCTION OF STAIRS & LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY This project includes the construction of a set of stairs and landings at the end of Rocky Point Road, East Marion, NY, as outlined in the Stair & Landing Details, enclosed. Requests for further information and all inquires should be directed to the Office of the Engineer of the Town of Southold, at 765-3070 Attention: James A. Richter, R. A. 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, payable 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. Ail 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 Southoid 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 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, as 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 void, 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 Southoid 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 DATE: Name of Bidder: To-' Southold 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 is 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: The end of Rocky Point Road East Marion, NY 11939 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 STAIRS AND LANDINGS AT THE END OF ROCKY POINT ROAD, EAST MARION, NY 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 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 disthct or any agency or official thereof for work or se~ices performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge aad belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such 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 indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal ca~fies 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 be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD, EAST MARION, NY and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,19 __ (SEAL OF THE CORPORATION) Laws of New York, 196S Ch. 751, Sec, 103-cl, as amended effective September 1, 1965 (Signature) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A.310 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 (S ), for the payment of which sum well and truly to.be made, the said Principal and the said SureW, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHERFA5, the Principal has submitted a bid for NOW, THEREFORE, if the Obligee shall acceot the bid of the Principal and the Principal shall enter into a Contract with the Obii~ee in accordance with the terms of such bid, and sire such bond or bonds as may be specified in the biddth$ or Contract Documents with good and sufficient surety for the faithful performance ot such Contract and for the prom0t 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 ObliqUe the difference not to exceed the penalty hereof between the amount specified in said bid and such lar~er amount for which the Obligee may in §ood faith contract with another party to perform the Work covered by said bid, then this oblisation shall be null and void, otherwise to remain in fuji force and effect. Signed and sealed this day of 19 (Principal) (Seal) (Tide) (Surety) (Seat) (Witness) (Title) AIA DOCUMENT A311a · BIO BONO · AIA ~ * FEBRUARY 1970 ED ' TIlE A/'AERICAN INSTIT1JT~ OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON~ D. C. 20006 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. , In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. T~ H A M ERIC I N S T I T U T E A R C H i T E C T AIA Document A201 General Conditions of the Contract for Construction 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTR,&TION OF THE CONTRA. CT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS ,MND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 1 I.INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document ~ been approved and endorsed by the 3.ssocmted General Contractors of .~merica. Copyright 1911, 1915, I918, t925. 1957, 1951. 1958. 19(31. 1%3. 1°~o6, 19<~7. [9-0. 197(% © 1987 by The .~neric:m Institute of Archi[cuts. 1-3~ A201-1987 I INDEX Acceptance of Nonconforming Wo~ ......... 9.6.6. 9.9.3,12.3 Acceptance of Work .......... 9.6.6,9.8.2.9.9.3,9.10.1.9.10.3 ActS and Om~siorts . .. 3.2.1.3.2.2, 3.3.2.3.12.8, 3.18, 4.2.3.4.3.2, Additional Cost, Claims for ........ 4.3.6, 4,3,7, 4.3,9, 6.1.1, IO,3 Additional Inspections and Testing ....... 4,2.6,9.8.2.12.2.1, 13.5 Additlonal Time. Clzims for ............. 4.3.6,4.3.8.4.3.9,8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3,4,9.4.9.5 AdvertC~ement or invitation to Bid .................... 1.1.1 Ae$thetic Effect 4.2.13,4.5.1 AIIoweflces 3.3 AppflcatloneforPayment : 4.2.5,737.9,2.9.3,9.4.9.5.I.9.6.3, Approvals 2.4. 33.3.35, 310.2.3.12.4 through 3.12.8. 3.18,3, Architect 4.1 Architect, Definition of ...................... 4.1.1 Architect. Extent of Authority 2.4.3.12.6. 4.2.4.3.2. 4.3,6, Architect. Limitations Of Authority and Responsibility 33.3.312.8. Architect's Additional Semice~ and Expenses ..... 2.4.9.8.2. Architect' s Adminietraflon of the Contract ........ 4.2. 4.3.6. Architect's Approvals 2.4.3.5.[, 3.10 2.3 12.6.3.[ 2.8.3.18.3, 4.2.~ Architect's Copyright I 3 Architect's Inspections 4.22. ~.2.9. 4.3.6. 9.-*.2. 9.8.2. 992.9. tO.I, 13.5 Award of Subcontract~ and Other Contracts for Portions of t~e Work 5.2 Basic Definitions 1.1 BoncL% Lien 9.10.2 Building perrmt .................................... 3.7.1 Capltalbmflon ....................................... 1.4 Ceruficate o f Substantial Completion .................... 9.8.2 Cerfiflcate~ for P~m~nt ....... 4.2,5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6, I, Chertg~ Ordee$ ...... I. 1.1,2.-L [. 3,8.2.4, 3.11, 4.2.8, 4.3,3, 5.2.3, Changee ...................................... 7.1- CHANGES IN THE WORK .... 3A [, 4.2.8.7, 8.3A. 9.3.1. L 10.[.3 Claim. Definition o f ............................ 4.3.1 Claime and Disputes ............... 4.3, ~.4. 4.5.6.2.5, 8.3.2, 9.3.[ 2.9.3.3, 9.[0.~. 10.[.4 Clalme and Tlme~/Assertion of Claime .......... 4.5.6 Claime for Addlflonsl Co~t ........ 4.3,6.4.3.7, 4.3.9, 6. l. 1, 10.3 Claime for Addltlonel Tlme ........... 4.3.6.4.3.8, 4,3.9, 8.3.2 Claime for ConceaMd or Unknown Conditions ......... 4.3.6 Claun~ for Damage~...3.18, 4.39. 6.1.I. 6.2.5,832.95A.2, 10.1.4 CI2ims Subiect to Arbitration ........... :~3.2.4.4,4.4.5.1 Cleaning Up .......................... 3.15, 6.3 Commencernsnt of Statutory L~mitatlon Period ..... 13.7 Commencemcm of the Work. Conditions Relaung [o .... 2.1.2, Commencement of the Work. Definition of 8.1.2 Communications Facilitating Conwact COMPLETION, PAYMENTS ANO ........... 9 Completion. Substantial 4.2.9, 4.352.8. I. 1, 8. 1.3, 8.2.3, Conceded or Unknown Conditions 4.3.6 Consent. Written ............. 1.31,3.12.8, 3.142.4.1.2. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ................... l. 1.4.8 Const rucnon Change Directive. Definition o f ............. 7.3.I Construction Change Dlre~tves [. 1. I. 4.2.8, 7.1, 7.3, 9.3.1.1 Con$tnJction Schedules. Contr=ctor's ......... 3.I0.6.1.3 Contingent Assignment of Subcontracts ......... 5.4 Continuing Contract Performance ........... 4.3.4 Contract, Defirlition o f 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF TNE 4.3.7.5.4.[.1.14 Cont mci Administration ......... 333, ~.9.~.9.5 Contract Award and Execution. Conditions Relating to .... 3.7. I. Contract Document~, The .................. 1.1, 1.2. * Contract Documents. Copies Furmshed and Use of . 1.3, 2.2.5.53 Contract Documents. Definition of ............. l. [ [ Cont tact Per formance Durmg .~xbit ration 4.3.4.4.5.3 8.2.I. 8.3.1. 9.7, 12.[.1 Contract Time, Deflnilton o f. .................... 8.1.1 2 A201-1987 CONTRACTOR .................................... 3 Comz~ctor, Definition o f ........................ 3.1,6.1.2 Con~ractor'$ Bid .................................... 1.1. ! Contractor's Construction Schedules ............. 3.1g, 6.1.3 Contractor's Employees ...... 3.3.2, 3.4.2, 3.8.I, 3.9.3.18, 4.2.3, Contractor's Llelaillty Irmumnce ....................... 11.1 Contractor's Relatio nsllip with the Architect 1.1.2.32.1.3.2.2. Performmg the Work ........ 3,3.2, 3.18, -L2.3, 10 33, 3.4, -~ 2.3, 82.2. 8.2.3, 10 Copies Furnished o f Drawings and Specifications . . . 1.3.2.2.5, 3.11 Cutting and Patching .............. 3.14, 6.2.6 Decisions to Withhold Certification 9.$, 97, 14.1.1.3 Emergencies ............................... 4.3.7,10.3 Execution, Correlation and Intent of the Contract Documents ...................... 1.2,3.7.1. Failure of Payment by Contractor 9.5.1.3, l-~.2, f.2 Failure of Payment by Owner ......... 4.3.7,9.7. 14LI.3 Faulty Work (See Defective or NonconfOrming Work) Final Completion and Final Payment ~.2.1. -~.2.9, ~.3.2, Financial Arrangements, Owner's ......... 2.2.1 Fire and Extended Coverage Insurance 1 1.3 GENERAL PROVISIONS Governing Law 13.1 -~.34. 6.1.3, 6. I~. 62.6, 9.3.2. 9 b.[, 96.-~. 98.3, 9.92. Injury or Damage to Pemon or ProperW 4.3.9 Insurance, Owner' $ Liability 11.2 INSURANCE AND BONDS 11 3.I2.2. 3.I2.3. 3.12.-. 3.12.11, 3.13, 3.15.l. Limitation on Cort~oiidat]on or doinder 4.5.5 A201-1987 3 Los~ of Use Insurance .................... 1'~.3.3 Material Suppliers ........ 1.3.1,3.12.1, 4.2.-L 4.2.6. 5.2.1. 9.3.1, 9.3.1.2. 9.3.3, 9.4.2, 9.6.5, 9.10.4 Materials, Hazardous ..................10 l. 10.2..~ Materials. Labor, Equipment and .... 1.1.3, 1.1.6. 3.4.3.51,38.2. 7.3.6, 932. 93.3, 122.4, 14 Means. Methocts. Techniques. Sequences and Procedures o f Construction ..... 33 l. -~.2.3, 4.2.-, 9.4.2 MlnorChange$intheWork ..... 11.1.428,4.3-.-1.?.4 Mutual Reeponsibility ........ 6.2 Noncom'orming Wor~, Acceptance of 12.3 4.3.5,952.982, 12, I3-1.3 Notice 23, 24.32.1.32.2.3.- q. 3.- 4, 39.312.8, No0ce of Testing and Inspections I35.I. 13.52 4.36,94.2,9.5.1.9A01, 13.5 Occupancy 90.6,9.8.1,99.11.3.11 OWNER 2 Owners Financial Capability ............ 2.2.I. 14.1.1.5 Owner's Liability Insu ranca 11.2 Owners Loss of Usc Insurance ........... 11.3.3 Owner's Right to Carry Out the Work ....... 2.4. 12.2.4. 14~2.2.2 Owner's Right tu Clean Up ........................ 6.3 O~fl~r's Right to Perform Construction and to Award Sepsmta Contracts .................... 8.1 Owne($ Right to Stop the Wo~ ................. 2.3,4.3.7 Owncr's Right to $tmpend thc Work ................. 14.3 Ownerahip and Ues of Architocr$ Drawings, Specifications and Other Documenta ............ t.1.1, 1.3, 2.2.5, 5.3 Parfial Occupancy or U~e .......... 9.6.6,9.9, t 1.3, t 1 Patching, Cutting and 3.14,6.2.6 Patent~, Royaltie~ and 3.17 Payment, Applications for ........... 4.2.5, 9.2.9.3, Payment, Certificates for 4.25.42.9, 9.3.3, 8.~, 9.5. Payment, Failure of .............. 4.3.7, 9.5.1.3, Payment Bond, Performance Bond and ..... '.364, Payments, Progress ~.3.4, 93, 96. 983.9103, 13.6. I~.2.3 PAYMENTS AND COMPLETION ....... 9, 1 Payments to Subcontractors 5.-~.2, 95 1.3. PCB 10 I PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10. I Product Data. Derlni~ion of 3 I2.2 Product Data and Samples, Shop Drawings . 3. I I, 3.12, ~.2.- Proiec~, Definition of the 1.1.4 4 A201-1987 Rules and Notices for Arbitration ..................... 4.5.2 Safety of Pemons and Property .................... 10.2 Safety P~cautJon. and P~ograms .......... 4.2.3.4.2.7. 10.1 Stump[es. Definition o f .......................... 3.12.3 Samplea, ShopDrawing~,PmductD~taand ... 3.1[.3.12,4.2.7 Sampie~ at tl~e Site, Oocument$ and .................. 3.11 Sche~lule of Valuu ........................... 9.2, 9.3A Separate Cont facts anot Contractors ........ l. 1.4.3.1 '*.2.4,2,-~. Shop Drawing.s. Definition o f .................. : ...... 3.12.1 Shop Drawings, Product Data and Samples 3.11.3.12,4.2.7 Site, Use of 3.13, 6A.I. 6.2,1 Site Inspections . .l.2.2.3.3.4.4.2.2.4.2.9.4.36.982.9.101.135 Statutes of Limitations ~.5 ~ 2. 12.2.6. 137 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors. Work by .... [ 2.~. 332.3. [2. I. Subcontractual Relations 5.3, 5.4.93.1.2.9.62. Succesaom and Assi!]ns 13.2 Supervision and Construction procedures ] .2.4.3.3, 3.. Surveys 2.2.2.318.3 Suspension by the Owner for Convenienca ............. 14.3 Suspension of iht Work ............ 4.3.7.5.~.2. 14. I.1,4. 1-~.3 Suspension or Termination of the Contract ...... '~.3.7. 5.4,1,1. [4 Termination by the Contractor ....................... 14,1 Termination by the Owner for Cause ........... 5.4.1.1.14.2 Termination o f the Architect ......................... 4.1.3 Termination o f tile Contractor ....................... I4.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Tests and Inspecflone .... 3.3.3.4.2.6.4.2.9.9.4.2.12.2.I. 13.5 TIME ............................................. 8 T~me, Delays and Extension~ of .......... 4.3.8. - 2. I. 8.3 Time Limits on Claims ....... 4.3.2.4.3.3, ~.3.6, ~.3.9. ~,-~. ~.5 Tide ~o Work 9.3.2, 93.3 UNCOVERING ANC CORRECTION OF WORK 12 Uncoverfng of Work 12.1 Unforeseen Conditions ~.~ 6, 831. [0. l Unit Prices 7.[.-~. -332 UseofDocuments I [ [.[.3.2.2.5,3.12.',53 Values, Schedule of 9.2, ~) 31 Waiver of Claims: Final Payment 4.3.5, *.5. I. ~) :0 3 Waiver of Claims by the Architect i 3 ~2 A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (he--er the AgreemenD, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda ts,SUed prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (I) a written mmenctmem to the Contr~:t signed by both parties, (2) a Chmnge Order, (5) a Construction Change Directive or (4) a wntten order for a minor change in the Work issued by the .M'chiteet. Uvdess specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (adverttsement or invitation to bid, Instructions to Bidders, sample forms, ~he Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE ¢ONTBACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parries hereto and supersedes prior negotiations, representat;ons or agreements, either written or omi. The Con- tract may be amended ot modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (I) bet-ween the .M-chitect and Con- tractor, (2) between the Owner and a Subcontractor Or Sub- subcontractor or (5) between any persons or entities other than the Owner and Contractor. The .M-chtiect shaft, however, be entitled to performance and enforcement of obligations under the Contract intended to ~cLikare performance of the Architect's duties. 1,1,3 THE WORE The term "Work" me-runs the COnStruction and setwlces required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials. equipment ~d services provided or to be provided h)' the Contractor to fulfill the Contractor's obligations. The Work may Constitute the whole or a parr of the Prolect. 1.1,4 THE PROJECT The Proiect is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or h), separate con[factors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever incaced and whenever issued, showing the design, incarion and dimensions of the Wodi. generally including plans, elevac~ons, sections, details, sched- ules and diagrams. 1.1.6 THE SPECiFIC~T1ON~ The Specifications are that pomon of the Contract Documents consisting of the written requirements for maretmls, equip- the Work, and performmace of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the 1.2.1 The Contract Documents shall he signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not s~gn all the Contract Documents, the Architect shall identify, such unsigned Docu: ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentarion that the Contractor has visited the site, become farnfl- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include ali items necessary, for the proper execution and completion of the Work by the Contractor. The Contract Docm'nents are comple- mentary, and what is required by one shall be as binding as if required by ali: performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and 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 arrarlgement 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, word~ which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized mesmngs. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications aha other documents prepared by the .~-chitect ace instruments of the ,Mchitect's service through which the Work to he executed by the Con- tractor is described. The Contractor may retmn one contract record set. Neither the Contractor nor any Subcontractor. Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the .~'chitect, and unless otherwise indicated the Architect shall be deemed the author of them and will retmn all common law, statutory and other reserved rights. in addition to the copyright..MI copies of them. except ~he Contractor's record set, shall be returned or suitably accounted for to the .~chitect. on request, upon completion of the Work. The Drawings. Specifications and other documents prepared by the Archtiect, and copies thereof furnished to the Contrac- tor. ace for use solely with respect to this Proiect. 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 ~ 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- ings, Specifications and other documents prepared by the this license shall b~r the statutory copyright notice, if any, prepared by the Architect. Submittal or d~stribution to meet 1.4 CAPITAI.~ZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically de£med, (2) the titles of num- bered m'tides and identified reference~ to Paragraphs. Subpara- graphs and ClaOses in the document or (3) the titles of other ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner ks ~be person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon re'a.sonahle written request shall fumksh to the Contractor in whung reformation which ts necessaO. and relevant for the Contractor to ev~uate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Proiect ts located, usually referred to as the site. and the Owner's interest therein at the time of execution of the Agreement and. within tire days after any change, infurmation of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 Th(: Owner shall, at the request of the Contractor, prior to execunon of the Agreement and promptly from time to tune thereafter, furnish to the Contractor ressonabie evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [,Vote: Unless suc'l) reasott~ble et'idenc'e were fttrntsl~ed on request prior to t/se execution of of tbe Project, and a legal description of the site. merits and charges required for construction, use or occupancy of permanent structures or for permanent changes in e.',flsimg 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 other'wise provided in the Contract Documents. the Contractor will be furnmhed, free of charge, such copies of Drawings and Project ,Manuals as are reasonably necessary, for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to :Wdcle 6 (Construcuon by Owner or by Separate Contractotsl. Arride 9 (Payments and Completion) and Amcle 1 l (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor ~ to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fa.ils to carry, out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop die 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 part of the Owner to exercise this fight for the benefit of the Con- tractor or any other person or ennty, except to the extent required by Subparagraph 6. 1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 [f the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and f~tls within a seven-day period al~er receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may ~ler such seven-day period give me Contractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- da'5' period after receipt of such second notice flails to com- mence and continue to correct any deficiencies, the Owner may. without preiudice to other remedies the Owner may have. correct such deficiencies. In such case an apprupriate Change Order shall be issued deducting from payments then or therem"ter due the Contractor the cost of correcting such defi- ciencies, including compensation for the .~chitect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor m'e both subject to prior approval of the :~'chi- suffic~unt to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified a6 such m the Agrem-nent and is referred to throughout the Contract Doc~xnents as ff singular in number. The terrn "Contractor ' means the Contractor or 'me Contractor's authorized represenmnve. WARNING: Unllc~fl~l pho~l~/ing ~ ~ ~ffl~t ~ ami ~ ~ul~ct f~ i~gll p~m:u~Jon. A201-1987 7 3.2 REVIEW OF CONTRAC'I;, DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall qarefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, incousts- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or ormssion in the Contract Documents without such notice to the Mchirecr, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and redly field conditions and shall carefi~ily compare such field mea- surements and conditions and other information known to Contractor with the Contract Documents before commencing activities. Errors. inconsistencies or omissions cliscovered shall be reported to the .&'chitect at once. 3.2.3 The Contractor shall pertbrm the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3,3 Skil=ERVISION AND CONSTRUCTION PROCF..DURES 3.3.1 The Contractor shall supervise and direct the Work. using the Contractor's best skill and attention. The Contra~or shall be solely responsible .,'or and have control over construo and ti0r coordinating'ali portions of the Work under the Con- uons concermng these matters. 3.3.2 The Contractor shall Be responsil~[e to the Owner for acts and their agents and employees, and other persons performing 3.3.3 The Contractor ¢~all not be relieved of obligations to per- approvals required or performed by persons other than the 3.3.4 The Contractor shall be reaponsihle for inspecuon ot pot- nons of Work alrc'ady performed under this C~mtract to deter- 3.4 t..~SOR AND I¥I,~,TERIA/$ 3.4.1 Unless other~'tse provided in the Contract Documents. the Contractor shall provide and pay for tabor, materials, equip- he-at, utilities, ~r'ansportau~m. and other ~cdities and services 3.4.2 The Conwactor shall enforce strict discipline and good emoioymcnt tff unfit persons or persons not skilled in 3.5 WARRANTY 3.5.1 The Contractor ';,gm-rants to the Owner and Architect that materials and equipment fiirnlshed 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 detects not iniaerent 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- merits, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for dsmage or defect caused by abuse, mociitlcations not executed by the Contractor. improper or insufficient maintenance, improper operation, or normal =,-ear and tear under normal usage. [f required by the Architect, the Contractor shall furnish satisfactory, evidence as ro the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar. taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiatious concluded, whether or no~ yet effecuve or merety scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 L'nless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees. licenses and inspections necessary for proper execution and completion of the Work which are customarily secured a~ter execution of the Contract and which are legally required when bids are received or nego- tiatkms concluded. 3.7.2 The Contractor shall comply with and ewe notices required by laws. ordinances, rules, regulations and la'~,'~i orders of public authorities bemqng on performance of the Work. 3.7.3 [t is not the Contractors responsthiliq., to ascertain that the Contract Documents are in accordance with applicable laws. statutes, ordinances, building codes, and rules and regula- uons. However, if the Contractor observes that pomons of the Comract Documents are at variance therewith, the Contractor shall promptly notif7 the .~'chitect and Owner in writing, and necessary changes shall be accomplished by appropriate Modificanon. 3.7.4 If the Contractor performs Work knowing it to be con- teary to laws. statutes, ordinances, building codes, and rules and regulations without such notice to the Archiiect and Owner. the Contractor shall assume full responsibility for such Work and shall bear the atmbutahie costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allow;races stated in the Contract Documents. Items covered by allowances shall be supplied fi)r such amounts and by such .1 materrals and equipment under an allowance shall be seiected promptly by the Owner to avoid delay in the 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 hm~diing at the site, labor, installation costs, overhead, profit and amounts shall be included in the Contract Sum and the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under CB. me 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9,1 The Contractor shall employ a competent superinten- dent and necessary, assistants who shall be in attendance at the Project site during performance of the Work. The supermten- to the superintendent slm, ll be as binding as if given to the Con- lng. Other communications shall be similarly confirmed on 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor. promptly al~cr being awarded thc Con- required by the conditions of thc Work and Project. shall be tract Documents. and shall pr(wide for expeditiou~s and pracu- 3.10.2 Tile Cocttractor shaft prepare and keep current, rbr the construction, and in addition appn)ved Shop Drawings. Prod- uct Data. Samples and similar required subminals. These shall 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings ~c drawing, diagrams, schedules ~d 3.12.2 Product Data are illustrauons, standard schedules, per- by which the Work will be judged. 3.12.4 Shop Drawings. Product Data. Samples and swnflar sub- which submittals are required the way the Contractor proposes to conform to thc information given and the design concept expressed in the Contract Documents. Review by the .%-chitect is subject to the limitations of Subparagraph 4,2.7. 3.12.5 The Contractor sha~ mwew, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness acid in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. SubmittaJ$ made by the Contractor which are not required by the Commct Documents may be returned without action. 3.12.6 The Contractor shall peeR)tm no portion of the Work requa'mg submittal and review of Shop Drawings. Product Data, Samples or similar submittals until the respective submit- tal has been approved by the 3xchitect. Such Work shall be in actor 'dance with approved subminals. 3,12.7 By approving and submitting Shop Drawings, Product Data. Samples and stmliar submittals, the Conwactor represents that the Cuntractor has deren~nined and verified materials, field measurements and field construction criteha related thereto, or will do so. and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be refieved of responsibility for deviations from requirements of the Contract Documents by the .M-chitect's approval of Shop Drawings. Product Data. Samples or similar submittals unless the Contractor has specifically informed the Arehitect in wrtnng of such deviation at the time of submittal and the .M-chitect has g~ven wfinen approval to the specific deviation. The Contractor shall not be relieved of responsibility fi)r errors or omissions in Shop Draw- ings. Product Data. Samples or >tmiLar submittals by the Archi- 3.12.9 The Contractor sh~l direct specific attention, in writing or on resubmitted Shop Drawings. Product Data. Samples or s~mliar submittals, to revisions other than tho~e requested by A201-1987 9 3.15 CLEANING UP 3.15.1 The Contmcror shall keep the premises and surround- equipment, machinery, and surplus materials. 3.15.2 If the Contmcror falls to clean up as provided in the 3.16 ACCESS TO WORK 3.16,1 The Contractor shall provide the Owner and Architect 3.17.1 The Contracror shall pay all royalties and license fees. from loss on account thereof, but shall not be responsible for 3.18.1 To the fullest extent permitted by law. the Contractor from and against claims, damages, losses and expenses, incfud- from performance of the Work, provided that such elaine, darn- anyone directly or indirectly employed by them or anyone for to neg~re, abridge, or reduce other rights or obligations of 3.18.2 [n ctaWns against any person or entity indemnified 3.18.3 The obligatinns of the Contractor under this Paragraph tect's consultants, and agents and employees of any of them arising 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 :M-chitect, 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 lawfl.fily licensed to practice architecture, or an entity lawfully practicing architecture iden- tiffed as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as .set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4,1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect ag:mast whom the Con- tractor makes no reasonable ohlectinn and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and ~.I.3 shall be subject to arbitration. 4.2 ARCHrTI=CT'$ ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide ackninistration of the Contract ~ described in the Contract Documents, and will be the Owner's representauve (1) during construction. (2) until Final payment is due and (3) with the Owner's coe, currence, from time to tune during the correction penod described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architec: will have authority to act on behalf of ti~e Owner only to the extent provided in the Contract Documents, unless otherwise modified by whiten instrument in accorclallce with other provisions of the Contract. 4.2.2 The Architect will vLsit the site at intervals appropriate to the stage of construction ro become generally familiar with the progress and quaiitT 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 .-Xcchitect will not be required to make e.'~.austive or continuous on-site thspections to check quality or quantity of the Work. On the basis of site observations ss an architect, the Architect v-ill keep the Owner informed of progress of the Work, and will endeavor to guard the Owner agmnst defec= and deficiencies in the Work. 4.2.3 The Architect wilI not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safe~,' precautions and programs in connection with the Work. since these are solely the Contractor's responsibility as provided in Pazagraph 3.3. The Architect will not be responsible for die Contrac:or's failure to carry out the Work in accorctanee with the Contrac: Documents. The .~rchitect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 tractor, Subcontractors, or their agents or employe~, or of any other persons performing portior~ of the Work. 4.2.4 Communlcaflon~ F~cllltafing ConUact Admlni~tm- fion. Except a~ otherwise provided in thc Contract Documents or when direct communications have been specially autho- nzed, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors 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 cero~v the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.8 The Architect will have authority to reject Work which does not conform to the Contrac~ Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the .~rohitect will have authority to require adciinonal inspection or testing of the Work in accordance with Subparagraphs 13.5,2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However. neither this authority of the Architect nor a decision made in good faith either to e.xercLse or not to exercise such authority shall give nse to a duty or responsibility of the Archi- tect to the Contractor. Subconttac:ors, material and equipment suppliers, their' agents or employe~, or other persons perform- mg portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submit~zd~ such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with info~Tnation given and the design concept expressed in the Contract Docu- ments, The :~xchitect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the ac:wines of the Owner. Conrt3ctor or separate contractors, while allowing sufficient time in the Architect's profe~ional judgment to permit adequate rewew Review of such submittals is not conducted tbr the purpose of determining the accuracy and completeness of other detafi~ such as dimensions and quantines, or for substantiating Lr~tructinns for ins~Alation or performance of equlpment or systems, all of which remain the responsibility of the Contractor as required 6y the Contract Documents. The Architect's review of the Contractor's submit- tais shall not relieve the Contractor of the obliganons under Paragraphs 3.3, 3.5 and 3.12. The .4xcintect's review shall not constitute approvM of safety precautions or, unless otherwise specifically stated by the .-kcchitect. of any construction means. methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided m Paragraph 7.4, 4.2.9 The Architect wdl conduct inspections to determine the date or dates of Substantial Completion and the date of l~nal completion, will receive and forward to the Owner for the Owner's review and records written warranties and related docuroents required by the Contract and assembled by the Contractor, and wdI issue a final Certificate for Payment upon compliance with the reqtacements of the Contract Documents. 4.2.10 If the Owner and .~rchitect agree, the :xrchitect wU pro- ;-zcie one or more project representatives to a~$isr in cartVaag out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2..11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on w~tten request of either the O,amer or Contrac- tor. The Architect's response to such requests will be made with re~onable prompme~ and within any time limi~ agreed upon. If no agreement is made concerning the rime within which interpretations required of the Architect shall be nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the :~xchitect to ~ur- nish such interpretations until 15 days a~er written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from th9 Contract Documents and will be in writing or in the form of drawings, When making such interpretations and decisions, the Architect will endeavor to secure faithf, dl performance By both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 C[.AIM$ AND DISPUTES 4.3.1 Definition. A CImm is a demand or asse:xinn by one of the parties seeking, ~ a matter of nght. adjustment or interpre- tation of Contract ten'ns, payment of money, extension of time or other relief with respect to the terms of the ConttacL The term "Clmm" also includes other disputes and matters in ques- tion between the Owner and Contractor azising out of or relat- ing to the Contract. Clams must be made by written notice. The responsibiIity to substantiate Claims shall test with the party making the CIama. 4.3.2 D~$ion of Architect Claims, including those alleging an error or omission by the Architect, shall be referred ininally to the Architect for action as provided in Paragraph 4.4. A deci- sion by the .~xchitect, as provided in Subparagraph -~.-~.-~, shall be required ~s a condition precedent to arbitration or lingation of a Claim between the Contractor and Owner as to ~ such matters arising prior to the date final payment is due, regardless of (I) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not he a condition{ precedent to arbitration or litigation in the event (1) the position of Architect is vacant. (2) the .-~-chitect has not received evidence or has iailed to render a decision within agreed time limits, (3) the Architect h~ failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) ~5 days have pa.~sed after the Claim has been referred to the Architect or (5) the CNim relates to a mechanic's lien. 4.3.3 Tim~ I imit~ on Claims. Clamas by either party must be made withha 21 days a&er occurrence o f the event gwing ri~e to such Claim or within 2I days alter the claimant first recognizes the condition gwing nse to the Cia~n, whichever is later. Claims must be made by written notice..~ additional C?a/m made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a tLrnely manner. A201-1987 11 4.3.4 Continuing Contract Peffo~nanos. Pending finai re~- tutlon of a Claim including arbirtatlon, unless otherwise agreed in writing thc 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 C~ima: I=lrml Payment The making of fmai payment shall constitute a waiver of Cfaims by the Owner except those arising from: .1 liens, Claims, security, interests or encumbrances aris- ing out of the Contract and unsettled; .~' failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.9 Claime for Conee~l~l or Unknown Oondltions. 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 unknown physical conditions of a.n unusual nature, which dif- fer mater,.ally from those ordinarily found to exkst and generally recognized as inherent in constructinn activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect wril promptly investigate such conditions and. if they differ materially and cause an increase or decrease m the Contractor's cost of. or time required for. performance of any part of the Work. will recommend an equitable adjustment in the Contract 5urn or Contract Time, or both [f the Architect determines that fine conditions at the site are not maten~y different from those indicated in the Contract Documents and that no change in the terms of the Contract is iustilled, the Architect shall so notify the Owner and Contractor in wnung, stating the rea.sons. Claims by milner party in opposition to such determination notice of fine decision. If the Owner and Contractor cannot agree on an adjustment ~n the Contract Sum or Contract Time. ruination, subiecr to fi~rtber proceedings pursuant to Paragraph 4.3.7 Claims for Additional Cost [f the Contractor wishes to make Claim for an increase in the Contract Sum, wnnen notice as provided herein shall be given Before proceeding to execute the Work. Prior nouce is not required for Claims relating to an emergency endangering life or proberty arising under Para- graph I0.3. If the Contractor believes additional cost is involveci for re'0.sons including but not limited to (1) a written interpretation i'¥om the Architect, (2) an order hy the Owner stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued hy the Archi- tecr. {4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds. Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for ldrqtionsl Tlma 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shaft be g~ven. The Contractur's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the c~e of a continuing deny only one Claim is necessary. 4.3.9.~ If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Pe~n or Property. If either party. to the Contract suffers iniury or damage to person or property because of an act or omission of the other party., of any of the other p~.'s employees or agents, or of others for whose acts such party, is legally liable, written notice of such iniur'y or damage, whether or not insured, shall be given to the other party, within a re-xsonahle time not exceeding 21 days aRer first observance. The notice shall provide sufficient derari to enable the other party to investigate thc matter. If a Claim for addi- tional cost or time rented to th~s Claum 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 DISPUTES 4.4.1 The Architect will review Claims and rake one or more of. the following preliminao' actions within ten days of receipt of a Claim: (l) request additional supporting data from the clmmant. (2) submit a schedule to the parties indicating when the Archi- tect expects to take action. (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a C!mm has not been resolved, the party making the Claim shall, within ten c~ys after thc 3zchitect s prefimmary response, t?~ke one or more of the following actions: (1) submit additional supp~rtlng data requested by the Architect. (2) modify the initial Clmm or (3) notify the Architect that the initial Claim stands. 4.4.4 [fa Clatm has not been resolved after consideration of the foregoing and of fiarther evidence presented by the parties or requested by fine Architect. the Arohitect wflI notil5' the patties in writing that the Architect's decision will be made within seven days, which decision shall be final m~d 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 Clmm. including any change in the Contract Sum or Contract Time or both. [f there is a sureh: and there appears to be a possibility of a Contractor's default. the Architect may, hut is not obligated to, notify the surety and 4.5 ARBITRATION 4.5.1 Controvemios and CMims Subject to A~itratlon. Any or the breach thereof, shall be settled by arbitration in acer)r- dance with the Construction Industry Arbitration Rules of tnt: .American Arbitration ,k~sociation. and judgment upon thc or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph ~.3.5. Such conmwersies or CNims upon which the Architect has given nonce and rendered a decision as provided in Subparagraph -L4.-~ shall be suhiect to may be commenced when 45 days have passed after a CNim has been referred to the .~-c~itect as provided in ?arak~aph 4.3 and tad decmion h~ been rendered. 12 A201-1987 4.5.2 Rules and Notices for Arbitration. Clans between thc Owner and Contractor not res~tvcd under P3z'~3ph 4.4 shall, if subject to ~rbitrarion under Subparagraph 4.5.1, b~ decided by arbitration in accordance with the Construction Industry Arbitration Rules of the Am~xic.,~n Arbitration ,~soc~tion cur- rently in effect, unless the parues mutually agree otherwise, Notice Of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration tkssociation, and a copy shall be fried with the .4.rchitect. 4.5.;3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5,4 Wh®n Arbitration Mas/Be Bemeneled. 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 ;filer the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (I) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architects decision becoming final and binding upon the Owner and Contractor. [f the Architect renders a decision aider arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings uniess the decision is acceptable to all part,es conc<rrlcd. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.51 and 4.5.4 and Clause -+.5 4.: as applicable, and in other cases within a reusonable time at, er the Claim has arisen, mad in no event shall it be made based on such Claim wouin be barred by the applicable statute of limitations as determined pursuant to Paragraph 13,- 4.5.5 Limitation on Consolidation or Joinder. No arbitrarion arising out of or relating to the Contract Documents sha~l include. By consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and s gned by the Architect. Owner Contractor and anv other person or entity sought to be joined, No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantialIy involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner. Con ractor or a separate contractor as described in Article 6 shall be included as an orig- inal third par~y or additional third party to an arbitration wh(~se interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration ufa dispute not described therein or with a person or entity not named or described therein. The tbre- gomg agreement to arbitrate and other agreements to arbiwate with an additional person or entity duly consented to by part es to the Agreement shall be specifically enforceable under app - cable law in any court having jurisdict on thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must asser~ in the demand all Claims then known to that party on which arbitra- tion is perrtutted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amencLment. 4.5,7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators sh.~ll be treat, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereo£ ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or ennty who has a direet contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to thro0ghout the Contract Documents as if singular [n number and me:ms a Subcontrac:or or an authorized representative of the Subcon- tractor. The term "Subcontractor" dnes not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-fiubcontractor is a person or entity who has a direct or redirect contrac: with a Subcontractor to pertbrm a portion of the Work at the site. The term "Sub-subcontractor" is referred ~o throughout :be Contract [N}cumenrs as if singular CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless other~.ise stated in the Contract Documents or the bidding requirements, the Contractor, as soun as prac- ticable al~er award of the Contract. shall ~rntsb in wrinng ~o the Owner through the Architect the names of persons or enti- ties (including tho,s< who are to Mrnish materials or equipment fabricated id a special desigu) proposed for each principal pot- don of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect. after due investigation, h~ re-msonabie obiection to any such propnsed person or enuty. Failure of the Owner or Architect to reply promptly shall constitute n~>tlce of no reason- able objecuon. fi.2.~ The Contractor shall not contract with a proposed per- sonable and timely obiection. The Contract(}r shall riot he required to contract with anyone to whom the Contractor has made reasonable objection, 5.2.;3 [f the Owner or .M'chitect has reasonable objection to a person or entity proposed by the Contractor. the Contractor shall propose another to whom the Owner or Architect bas no reasonable objection. The Contract Sum ~hali be increased or decreased by the difference in cost occasioned by ~uch change and an appropriate Change Order shall be Lssued. However, no increase in the Contract Sum shall be allowed li~r ~uch change unless the Contractor has acted promptly and responsively in submitting names as required. $.?.4 The Contractor shall not change a Subcontractor. person or entity previously selected if the Owner or .M'chitect makes reasonable objection to such change. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for va/idity, 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 the~e Docu- ments, assumes toward the Owner and A.rchitect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and A~chitect under the Contract Documents with respect to the Work to be performed by the Subcontractor ~o that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has again& the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, {denti~,,, to the Subcontmctor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall swnilarly make copies of applicable portions of such documents avmlable to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of thc Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract bythe Owner for cause pursuant to Para- graph [ ~.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if :my,, obligated under bond relating to the Contract. 5.4.2 [f the Work has been suspended for more than 30 days. the Subcontractor'$ compensauon shall be equitably adjLtsted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the nght to perform construction or operations related to the Project with the Owner's own forces. and to award separate contracts in connection with other por- tions of the Project or other construction or opemtions on the site under Conditions of the Contract identical or substantially snmilar to these including those portions re.ted to insurmace and waiver of subrogation, [f the Contractor clamas that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Clmm a.5 provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded tbr dif~:rent por- tions of the Project or other construction or operations on the s~te. the term "Connactor' in the Contract Documents in each case shall mean the Contractor who executes each separate Owner*Contractor Agremment. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall pamcipate with other separate con- tractors and the Owner in reviewing their construm, ion sched- ules when directed to do so. The Contractor shall make any revisions to the construction scheduJie and Contract St~ deemed necessary a~er a joint review and mutual agreement. Owner until subsequendy revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same tights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this ArticM 6 and Articles 10, 11' and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford The Owner and separate con- tractors r~nable opportunity for introduction and storage of theLr matedal~ and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- strucuon and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior ;o proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contmctots' completed or partially completed construction is fit and proper to receive the Contractor's Work. except a.s to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly umed activiues or defective construction shall be borne by the party response- hie therefor. 6.2.4 The Contractor sh~i promptly remedy damage wrong- fully caused by the Contractor [o 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 ~n question between the Contractor and a separate contractor sda/i be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor ha~ reciprocal obligations. 6,2.8 The Owner and each separate,contractor shall have the sa_me responsibflines for cutting and patching as are described for :he Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6,3.1 If a dispute arises among the Contractor. separate con- tractors and the Owner as to the responsibi/ity under res!~'tive contmc~ for maintaining the premises and surround- ing area free f'com waste materml~ and rubbish as descmbed in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Arciaitect derercmnes 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 for a minor change in the Work, subiect 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 ,~'chitect; a Construction Change Directive requires agreement by the Owner and ,architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be Lssued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or Order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- temp~ared are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit pnees to quantities of Work proposed will canse substantial inequity to the Owner or Contractor, the appflcable unit prices shall be equitably adiusted. 7.2 CHANGE ORDERS directing a change in the Work and stating a proposed basis for tract Time being adjusted accordingly. .3 cost to be determined in a manner agreed upon by the parties and a mutu,~y acceptable £nced or percent- age fee: or .4 as provided in Subpm'a4?,raph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shaft prompdy 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. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agr~ent 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 [f the Contractor do~ not respond prompdy or disagrees with the method for adjustment in the Contract Sum, ti3e method and the adjustment shalI be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, tn case of an increase in the Contract Sum. a reasonable allowance for overhead and profit. In such case, and also under Clause 73.3.3, the Contractor shall keep and present, in such form as the Architect mai,' prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract I~cuments, costs for the purposes of th~ Subparagraph -.3.6 shall be limited to the fofiowing: .I costs of labor, including soc',al securuy, old age and unemployment tnsurance, 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 tr?msportatlon, whether incorporated or consumed: ,3 renrai costs o f machinery and equipment, exclusive o f hand tools, whether rented frum the Contractor or others: .4 costs of premiums for all bonds and insurance, permit fees. and sales, use or similar ~a.xes related to the Work; and ,$ addRional cos~ of supervision and field office person- nel directly attributable ti) the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost ms con- firmed by the .architect. When both addinons and credits covering related Work or substitutions are involved in a change, the allowance for overhe-ad and profit shall be figured on the basis of net inc,'-e-~e, if any, with respect to that change, ?.'1.8 [f the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it. the adjustment or the method shall be referred to the .architect for determination. 7.3.(1 When the Owner and ContraCtor agree with the deter- mination made by the .archiiect concerning the adi,ustments in immediately and shall be recorded by preparation and execu* tion of an appropriate C..~ange 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 adju*rment in 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 wnnen orders prompdy. ARTICLE 8 TIME 8.1 DE~INmON$ 8.1.1 Unless otherwise provided, Contract Time is the period of time. including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date estabiished in the Agreement. The date shall m)t be postponed by the fmJure to act of the Contractor or of persons or entitic~ for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGREES AND COMPLETION 8.2.1 Time limits stated in the Contract Documents arc of the essence of ~he Contract. By executing thc Agreement thc Con- tractor confirms that the Contract Time is a rc-..tsonabte period for performing the W~rk. 8.2.2 The Contractor shall not knowingly, except by agree meat or instructRm of the Owner in writing, prematurdy corn- date of insurance required by Article I l to be furnished by the be changed by the effective date of such insurance. Ual<ss thc gwen by thc Owner. the Contractor shall notify thc Owner m AR;ICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and. includ- ing authorized adiustments, ks the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the ,M'chitect a schedule of value~ allocated to various portions of the Work. prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless obiected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- uons for Payment. 9,3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in 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 reqmsitions from Subcontractors and material suppliers, and reflecting retmnage if provided for elsewhere in the Contract Documcms. 8.3.1.1 Such applications may include requests for payment on account ot' changes in the ',x',>rk which have been properly included in Change Orders. 9.3.1.2 Such applications ma,.' not include requests for pay- 9.3.2 Unless othcrv, i:,e provided in the Contract I~)cuments. payments shall be made on acc(:unt of matcnals and equ:pment delixered and ~uirably stored :~t [he site for subsequent incor- poration m the Work. If approved in advance by the Owner. payment may similarly be made for matermis and equipment 16 A201-1987 Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Acchitect determines is properly due, or notify the Contractor and Owner in writing of the Architect's rea.sons for withholding certification in whole or in part as provided in Subparagraph 9.5,1. 9.4.'2 The i~uance 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 Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subiect to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion. to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will 6Jrther constitute a representanon that the Contractor LS entitled to payment in the amount certified. However, the issuance ora Certificate for Pay- meat wtli not be a representation that the Architect has (1) made e_xhausnve or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction me-~, methods, techniques, sequences or procedures, {3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's tight to payment or (4) made e.xamthation to a~certam how or for what purpose the Conmac- tot ,has used money previously paid on account of the Contract .1 defkctive Work not remedied: ,2 third party ciamas filedor reasonable evidenceindicat- lng probable filing of such claims; .3 faulure of the Contractor to make payments prop- erly to Subcontractors or for labor, raaterials or equipment; pteted for the unpaid balance of the Contract Sum; .6 re~onabie evidence that the Work wd[ not be com- pleted within the Contract Time. and that the unpaid liquidated damages for the anticipated delay; or 9.5.2 When the above reasons for withholding certification are removed, certification w-KI be made for amounts previously withheld. 9.8 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the ma~qer and within the time provided in the Contract Documents. and sh.MI 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 sa~d Subcontractor is entitled, reflecting percentages actually retained from pa~,wnents to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 The Architect wi~. on request, ~roish 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 .&rchitect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 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, 9.8.5 payment to mate.~M suppliers shall be treated in a manner similar t(~ that provided in Subparagraphs 9.62.96.3 and 96.~. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occ'apanc¥ of the Proiect by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the .-krchitcct does not issue a Ce.~lficate for Payment. throug~n no fault of the Contractor, ~clthln s~ven days after receipt of the Contrac:or's Appilcatxon for Payment· or if the · Owner does not pay the Contractor withth seven days at, er the date established in the Contract Docoments the amount cer- tified by the .&rchitect or awarded by ac,hitration, then the Con- tractor ~av. upon seven additional days' wr;nen notice to the Owner an~i .~rchitect. stop the Work until payment of the amount owing has been received. The Contract Time shall he extended appropnateiy and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shMl be accomplished as provided in Article 7, 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Compleuon is the stage in the progress of the Work when the Work or designated portion thereof ~ suffi- ciently complete in accordance with the Contract ~)cumcnts so the Owner can occupy or utilize the Work for its intended use. ~a.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept ycpanateiy, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to Be completed or corrected. The Cont~ctor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibilie:' of the Contractor ~o complete all Work in accordance with the Conttac~ Docu- ments. Upon receipt of the Contractors list. the Architect will make an inspection to delermme whether the Work or desig- A201-1987 17 noted portion ~ereof is subsmmially complete. If thc included on the Contractor's ~t, which is not in accordance with thc requirements of thc Contract Documents, ~c Contrac- Ior st~ll, before issuance of the Ces~iflcate of Subst;mr~ pletion, complete or correo~ such item upon norff'tcarion by the Architect. The Contractor shall then submit a request for another inspection by the Archimct to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Ceruflcate of Substantial Completion which shall establish the date of Sub- stantial Completion, si'mil establish responsibilities of the Owner and Contractor for security, maintenance, heat, utlihies, damage to the Work and insurance, and shall Fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on thc date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- Lion. The Certificate of Substantial Completion shall be sub- mitred to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.$ Upon Substantial Completion of the Work or designated portion thereof and upon applicanon by the Contractor and certification by the .axchitect, the Owner shall make payment, reflecung adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Commct Doctunents. pAffT1AL OCCUPANOY OH 9.9.1 The Owner may occupy or use any completed or par- :ally completed portion of the Work at any stage when such portion is designated by separate agreement with the Cuntmc- tot, provided such occupancy or use is consented to by the .nsurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence wbethes or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibiliLies assigned to eanh of them for payments, retamage if any. secu- nty. malmenance, heat. utilities, damage to the Work and insur- anee, and have agreed in writing concerning the period ~br car- rection of the Work and commencement of warranties required by the Commct Documents~ When the Contractor considers a pomon substantmlly complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to pamai occu- pancy or use shall 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 ts ce-ached, by decision of the Architect. 9.9.2 immediately prior to such partial occupancy or use. the Owner, Commctor and Architect shall jointly inspect the area :o be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.g.3 Unless otherwise agreed upon. partial occupancy or use of a pornon or portions of the Work shaft 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 ."or final mSpecuon ana acceptance and upon receipt of a final Aoplicarion for Payment the Architect will promptiy 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 Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with tern~ and conditions of the Contract Docu- ments and rtmt the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in SuDpamgmph 9.10.2 as precedent to the Contractor's being entitled to f'mal payment have been fuWilled. 9.10.2 Ncirhcr final payment nor any remaining retained percentage shall become due until the Contractor submits to the .~'chiteot (1) an affidavit that payrolls, bills for materials and equipment, ind other indebtedness connected with the Work - for which the Owner or the Owner's property, might be responsible or enmn'npered (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 currendy in effect and will not be cancelled or allowed to expire umfl at Ma.st 30 days' phor written notice has been given to the Owner, (3) a written statement that the Conrmctor knows of no substantial re0.son that the insurance will not be renewable to cover the period required by the Contract DocLtments, (4) consent of surety, if any, to Final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, dawns, security interests or encumbrances arising out of the Contract, to the extent :md in such form as may be designated by the Owner. If a Subcon- tractor refuses to hirnish a release or waiver required by the Owner, the Commctor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in dischargxng such lien. including all costs and reasonable -ittoroeys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting t~nal completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and cemfication by the Architect, and without terminating the Contract, make payment of the balance clue 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 retamage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall he submit- ted By the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a Wmv~r of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that paye~ as unsettled at the tnme of final Application for Payrnent. Such waivers shall De in addition to the waiver described in Subparagraph 4.3.5. .AR~TICLE 10 PROTECT;ON OF PERSONS AND PROPERTY 10.1 SAv=t ~' PRECAUTIONS AND PROGRAMS 10.1.1 Thc Contractor shall be responsible for initiating, main- 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 materul reasonably believed to be asbestos or polychlorinared biphenyl (PCB) which ha.~ not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Axchitect in writing, The Work in the affected area shall not thereafzer be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlormated biphenyl (PCB) and has not been rendered harmless. The Work in the vaTected area shall be resumed in the absence of asbestos or polychlod- hated biphenyl (PCB), or when it has been rendered harmless, by written ag~ment of the Owner and Contractor, or in accordance with final determination by the AIchitect on which arbitration has ~qot been demanded, 'or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform wi~out consent any Work relating to asbestos or polychk)rinated biphenyl IPCB). 10.1.4 To the Mllest extent penmitted by law, the Owner shall indemnify and hold harmle~ the Contractor, Architect..M'chi- tects consultanLs and agents and employees of any of them from and ag~nst dun'ns, damages, losses and expeus~s, includ- ing but not limited to attorne~ s' fees, arising out of or resulting from performance of'the Work m the affected al-el if in fact the material is asbestos or polychionnated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense ~ attributable to bodiIy inju~., sickness, dksease 10.2.1 The Contractor shall rake reasonable precautlous for structur~ and urilltles not designated for removal. ~1o- 10.2.2 The Contractor shall give notices and comply with applicable laws. ordinances, rules, regulations and lawful orders of public authorities beadng on safety of persons or property or their protection fi'om damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety, regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel, 10.2.$ The Contractor shall prompdy remedy damage and loss (other than damage or loss insm'ed under property, insurance required by the Contract Documents) to properly, referred to in Clauses 102 land I0.2 i 3 caused in whole or in part bythe Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly emp oyed by any of them, or bv anyone for whose acts they may be [table and ~or which the Csntr:;ctor is resportsible under Clauses 10.2.i.2 and 10.2.h3, except damage or loss attributable to acts or omissions of the Owner or .~'chitect or anyone direcdv or indirectly employed bv exther ot them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of th~ Contractor. The foregoing obligations of the Contractor ~re in addition to the Contractor's obligations under Paragraph 3. ~ 8. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the 'Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or stte to be loaded so as to endanger its safety. 10.3 EMFm~G~NC~ES 10.3.1 In an emergency affecting safety of persons or propertv, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss Additional compensa- tion or extension of time dawned by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and ,~'ticie 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABIIJTy INSURANCE 11.1.1 The Contractor sh~ purch~e from and rnaintmn in a company or cnmpanies hwfullv author..ed to do business in the jurisdiction in which the Proiect is located such insurance will protect '.he Contractor from claims set tbrth below which may arise out of or result from the Contractors operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by ~ Subcontractor or by anyone d rectlv tSr indirectly employed any of them, or by anyone for whose acts any ~f them may b~ .1 claims under workers or workmen's compensatlorL clic~baliy benefit and omer swmhr employee [:xmexit acts which are al::~licablc to the Worn to be 'pe~otmeci: .2 claims for damages be,cause of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for d.'.'.'.'.'.'.'.'.'~nages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4. clauns 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 emptoyment of such person by the Contractor. or (2) by another person; .$ claims for damages, other than to the Work itself. because of iniury to or destruction of tangible prop- erty, including loss of use resulting therefrom: .8 drams for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .? claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18 11.1.2 The insurance required by Subparagraph I I. 1.1 shall be wntten for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages. whether wntten on an occurrence or daums-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and Iermination of any coverage required to be main- tained 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 l l.l shall contain a provtsion that coverages afforded under the policies will not be cancelled or allowed to expire until at le'~t 30 days' prior written notice has Been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as requ:red by Subparagraph 9.10.2. Informati,.m concerning reduction of coverage sfiall be furnished by the Contractor with reasonable promptness in accordance with the Contractors information and be!lei. 11.2 OWNER'S !..]ASILIT¥ INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintmmng the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection agmnst clmms which may arise from operam)ns under the Contract. The Contractor snail not be responsible for purchasing and mmmaining this optional Owner's liability insurance unless specifically required by the Contract 11.3 PROPERTY INSURANCE 11.3.1 Unless otheI~v,'ise provided, the Owner shall purchase to do business in thc jurisdiction in which the Project is located, property insurance in the amoum of the initial Con- entire Work at the ~lte on a replacement cost basis without vol- umary deductibles Such property insurance shMl be main- or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made a~ provided in Paragraph 9. lO or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11,3.1.1 Property insurance shall be on an all-risk policy, form and shall insure against the perks of fire and e.'~ended coverage and physical loss or damage including, without duplication of covet'age, theft, randalL'ira, malicious mischief, collapse, false- work. temporary, buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.a.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so. inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractots in the Work. and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs prop<rly attributable thereto, 11.3.1.3 If the property, insurance requires mintmum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above ~he amounts so identified or it' the Owner elects to purchase this insurance with voluma:5- deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. [f deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles 11.3.1.4 Unless otherwise provided in the Contrac~ Docu- ments, dlis property insurance shall cover portions of the Work value established in the approval, and also portions of tile Work 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law. which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include shall be named insured~. 11.3.3 los~ of I/se Insurance. The Owner· at the Owner's option, may purchase and maintain such insurance as will insure the Owner agumst loss of use of the Owner's property waives all rights of action ag'.nnst the Contractor N)r loss of use of the Owner's property, including consequential l,.)sses due to 11.1.4 If the Contractor requests in writing that insurance for · risks other than those d~cribed herein or for other special h=z- ard,s be included in the propert? insurance policy, the Owner shall, if possible, include such insurance, and the cost ti~ereof shall be charged to the Contractor by approprmte Change Order. 20 A201-1987 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property, insurance under policies separate from those insures the Proiect, or if afxer final payment prop- erty, insurance is to be provided on the completed Project ~rough a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph I !.3.7 for damages caused by fire or other perils covered by tlzis separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.8 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11,3. Each policy shah contain ah generally applicable conditions, detlril- tions, exclusions and endorsements related to this Project. Each policy shah contain a provision that the policy will not be cancelled or allowed to e.'~pire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waiver~ of Subrogation. The Owner and Contractor waive ah rights against ti) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the .architect..architect's consultants, separate contractors described in A.,'ticle 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insura~nce obtained pursuant to this Pax~graph I 1.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor. as appropnare. shall require of the ,architect..architect's consultants, separate contractors described in A.eticle 6, if any, and the subcontrac- tors. sub-subcontractors, agents and employees of any of them, by appropnare agreements, written where legally required for validity, sLmilar waivers each in favor of other parties enum- erared herein. The policies shah provide such waivers ofsubro- ganon by endorsement or otherwise. A wawer of subrogation shall be effecuve as to a person or entity- even though that per- son or entity would otherwtse have a duty of indemnification. contractual or otherwise, did not pay the insurm~ce premium directly or indirectly, and whether or not the person or entity had an insurable interest in the proper~y damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee ciao,se and of Subparagraph I 1.3.10. The Contractor snalI pay Subcontractors their just shares of insurance proceeds received by the Contractor. amd by appropmare agreements, warren where legally required for validity, shah requtre Subcontractors to make payments to their Sub-subcomractors tn similar 11.3.9 [f required in writing by a party in interest, [he Owner ~ fiduciary shall, upon occurrence of an insured lass, give bond for proper pertbrma~ce of the Owners duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shah deposit tn a separate account pro- reeds so received, which the Owner shall di.smhute maccor* dance with such agreement as the parties in mrere~r may reach, or in accordance with an arbitration award ill which Ca~e the procedure shall be ms provided in Paragrapl~ 4.5. If a.~es such inss no other special agreement is made. replacement of dam- aged property Shah be coverer[ by approprmte ~e Orcter. 11.3.10 The Owner as fiduciary, shah have power to adjust and settle a loss with insurers unless one of the parties in interest shah object in wtiting within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made. arbitrators shah be chosen as provided in Paragraph 4.5. The Owner as fiduciary shah, in that case, make settlement with isasurers in accordance with directions of such arbitrators. [f distribution of insurance proceeds by arbitration is required, the arhitrator$ wdl direct soch di$thbution. 11.3.11 Partial occupant' or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing properc3, insurance have consented to such pardal occupancy, or u.se by endorsement or otherwise. The Owner and the Contractor shah take ~asonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, rake no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 P~FORMANCIe ~ORO AND PAYME. NT BONr~ 11.4.1 The Owner shah have the right to require the Contrac- tor to Parnish bonds covering faithful performance of the Con- tract and payment of obligations arming 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 emity appem'ing to bca potential beneficmry of bonds covering payment of obliga- tions az[sing under the Contract. the Contractor shah promptly furnish a copy of the bonc~ or shah permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 [fa portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documenm. it must. if required in wnting by the Architect. be uncovered for the Architects observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 [fa portion of the Work has been covered which the Architect hz~ not specifically requited to observe prior to its being covered, the ,architect may request tn see such Work :md it shah be uncovered by the Contractor. [f such Work is in accordance with the Contract Documents. costs of uncover- ing and replacement shall, by appropriate Change Order. be ch;a'ged to the Owner. If such Work is not in accordance with the Contract Documents, the Contr~actor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shah be responsible ~or payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor ~haH promptly correct Work reiected by the Architect or ~ding to conform to Ihe requirements ot thc Contract Documents. whether obse~'ed before or at,er Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such relected Work. including addition:~ testing :md inspec- tinns and compensation for the 3xchitect's sen, ices and expenses made necessary thereby 12.2.2 IL within one year after the date of Substantml Comple- tion of the Work or designated portion thereo£ or after the date A201-1987 21 for commencement of warrfinties established under Sub- pm-agraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found extended with respect to portions of Work first performed after Ual Completion and the actual performance of the Wo~. This obligation under ~ Subparagraph 12.2.2 shall sm'vive accep- 12.2.3 The Contractor shall remove from the site pomons of the Work which are not in accordance with the requirements of the Contract Docttments and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 if the Contractor fails to correct nonconforming Work within a reasonable tn-ne, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work wigan a reason- able time fixed by written notice from the Mchitect. 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 zfter written nonce, the Owner may upon ten additional da,.'s' written notice sell such matezals and equipment at auction or at private sale and shall account for the Froceeds thereof, a~er 2educang costs and damages :hat shoulc: have been borne by ~he Con- tractor, including ccmpensanon For the .~rchitect's se.wires and expenses made nec~,sary thereby. If such procee~ of sale do not cover costs which the Contractor should have borne, the Contract Sum shall =e reduced by the deficiency. !f payments then or thereafter due the Contractor are not suffic:e.-.t to cover such amount, the Contractor shall pay ~he difference to the Owner. 12.2.$ The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correctmn or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.22 relates only to the specific obligation of the Contractor to correct the Work. and ~ha$ no relationship to the urne within which the obligation to comply with the Contract Documents may be sought to he enforced. nor to the time within which proceeding~ may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to corr~t the Work. 12.3 ACCEPTANC; OF NONCONFORMING WORK 12.3.1 [f the Owner prefers to accept Work whw. h 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 ~<luced as appropriate and equitable. Such adjustment sl-mli bc effected whether or not f'mal payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the phce where the Project is located. 13.2 SUCCESSORS ANO ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other pa~ty hereto and to partners, successors, :zssigns and legal representatives of such other parry in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written cortsent of the other. If either pa.,-cy attempts to make such an a.ssignment without such consent, that parry shall nevertheless remam legally responsible for all ob{igations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly sen'ed if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by reg]srered or certified mail to the last business address known to the party giving 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations li'nposed by the Contract Docu- ments and rights and remedies available thereunder shall be m addition to and not a limitation of duties, obfigations, rights and remedies otherwise unposed or avmlable by law. 13.4.2 No acnon or failure to act by the Owner, Architect or Contractor shaJl constitute a wmver of a tight or duty afforded them under the Contract. nor shall such action or [~alure ~o act constitute approval of or acquiescence in a breach thereunder. except as may be specifically agreed m writing. 13.5 TESTS ANO INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws. ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time, Unless other- wise provided, the Contractor shaft make arrangements for such tests, inspections and approvals with an independent test- ing [aboratoD' or entity acceptab[e to the Owner, or with the appropriate public authority, and shaft bear all related costs of tests, inspections and approvaJs. The Contractor shall give the Architect timely notice of when and where tests and lnspec- tams are to be made so the Architect may obse~-e such proce- dures. The Owner shall be-~ costs of tests, inspecmms or approvals which do not become requirements until after ~ic~s are received or negotiations concluded. 13.S.2 if the :trchirect. Owner or public authorihes having junsdintion determine that portions of the Work require addi- tional tesnng, inspection or approval not included under Sub- paragraph 13.5. I. the .~chitect wdl. upon wnrten authortzanon from the Owner, instruct the Contractor to make arrangements for such additional resting, inspection or approval by an entity acceptable to the Owner, and the Contra~or shall give tLmety notice to the .~'chitect of when and where tests and inspecuons ace to be made so the Architect may obse~,e such procedures, 22 A201-1987 The Owner shall bern' 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 all costs made necessary, by such fadure including those of repeated procedures and compensation for the Architect'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 prompdy delivered to the 13.5.5 [f the Architect is to observe tests, inspections or approvaks 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 shall bear interest from the date payment ks due at such rate as the pm-ties may agree upon in wnnng or. in the absence thereo£ at the legal rate prevmling from tame to th-ne at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMFFATION PERIOD 13.7.1 .~s between the Owner and Contractor: .1 Before Substantial Completion..~s to acts or failures to act occurring prior to the relevant date of Substan- tml Completion. any applicable statute of limitations s~alI commcYlce to mn md any aJleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substant~ Completion: ,2 Between Substantial Completion and Final Certifi- cate for Payment. ,-~ to acts or failures to act occur- ring subsequent to the relevant date of 5ubstannal Completion and pnor to issuance of the final Certifi- cate for Payment. any applicable statute of limitations shall commence to mn and any alleged cause of action shall be deemed to have accrued in any mad ail events not later than the date of issuance of the final Certificate for Payment: anti .3 After Final Certificate for Payment ,-~ to acts or t~alures to act occurring a/ret the relevant date of issu- ance ot the £mai Certificate for Payment. any appli- cable statute of limitations shall commence to run and any alleged cause of actk)n sh',~ll be deemed to have accrued in any and all events not later than the date of any act or fMlure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph I2.2, or the date of actual commission of amy other ac; or fmlure to perform any duty or obligation by the Contractor or Owner. whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 Thc Contractor may terminate the Contract if the WO~ is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 kssuance of an order of a court or other public author. ity having jur~diction; .2 an act of government, such as a declaration of national emergency, malting material unavailable; .'1 becanse the Architect has not issued a Certificate for Payment and has not notified the Contractor of the' renan for withholding certification a~ provided in Subparagraph 9,4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less: or .S the Owner has failed to furnish to the Contractor promptly, upon the Contrsctor's request, rea.sonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written nouce to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construcuon equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a SubcontractSr or thmr agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to ffdlfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work. the Contractor ma},, upon seven additional days' written not:ce to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1 2. 14,2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract. it' the Contractor: .1 persistently or repeatedly refuses or nils to supply enough properly skilled workers or proper materials: .2 fails to make payment to Subcontractors for materials .3 persistently disregards laws. ordinances, or rules, reg- ulations or orders of a public authority having juns- .4 otherwise is guilty of substantial breach ora provision 14.2.2 When any of the above rea.sons exist, the Owner. upon certification by the Architect that sufficient cause exists to jus- · Mas ' ~1987THEAMERIC.,M'IINSTITL?rlzOFARC&irl'ttCTS. [735NEWYORKA*~-NUE. N.W..WtMSHINGTON. D C. 200{X> A201-1987 23 tify such acdon, may without preiudice to any other rights or remedies of the Owner and after g~ving the Contractor and the Contractor's surety, if any, Seven d~ys' written notice, termi- nate employment of the Contractor and. may, subject to any prior rights of the surety: ,1 t~e possession of the site and of~ll material~, equip- ment, tools, and consmaction equipment and. machin- er5'. thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5..i: and .3 finish the Work by whatever reasonable method the Owner may deem expeplent. 14.2.11 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 1.t.2.1, the Contractor shall not be entitled to receive ftu'ther payment until the Work i~ finished. 14.2.4 If the unp;ud b~iance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made nece~ary thereby, such excess shaft be prod to the Contractor. If such costs exceed the unp-md b' ',l]~nce. the Contractor shall pay the difference to the the 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 thc Contractor in writing to suspend, delay or interrupt the Work in whole or in pa.r~ for such period of time as the Owner may determine. 14.3.2 an adjustment shall be made for increases in tile cost of performance of the Contract. including profit on the increased cost of performance, caused by suspenston, delay or intermp- pended, delayed or interrupted by another cause for A! that an equitable adjustment ks made or denied under 14.3.3 Adiusmlents made in the cost of performance may have a mutuafly agreed fixed or percentag~ fee. 24 A201-1987 3/87 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of (Contractor) lawful money of the United States of America, to it in hand paid by: ~ (Owner/Contracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents" do for its successors and assigns remise, release, and forever discharge the said (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. ,19m and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its __this day of , 19__ Attest: Principal: PREVAILING WAGE RATES ATTACHrvlENT WAGE DETERMINATION STAIR & LANDING REPLACEMENT AT THE END OF ROCKY POINT ROAD EAST MARION, NY ZO - ....................... 20 mos 8-40/36' S CZ.lC 3/9197 ......................... NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national odgin. Such action shall be taken with reference, but not limited to: recruitment, employment, job .assignment, promotion, upgradirig, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which ne has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such tabor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in wdting, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights, and the Owners representatives / counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith c~nceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination ctauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as the OwnedContracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). A4 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS STATE REGULATIONS: The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. :. Each and every provision of labor-'and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, Uqe bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer. applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, ddnking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national odgin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time pedods) he will obtain identical certifications from proposed subcontractors pdor to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES, A certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a pedod (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. ~ ,._ "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national odgin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated dudng employment, without regard to their race, creed, color, or national odgin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared inetigible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as othenNise provided by law. (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such acdon with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by [he contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reoorts and Other Reauired Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (1) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier su~,contrector; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50.000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date oft'he award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, ortho applicant, on their own motions, may require a pdme contractor to keep employment or other records and to fumis~ in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the pdme contractor's or subcontractors obligations under the Equal Opportunity clause and is a ground for the imposrdcn by the agency, the Director, an applicant, pdme contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported fn writing to the Director by the agency as soon as practicable after it occurs. %12.805.4 Reoorts and Other Reauired Information (b) Requirements for bidders or prospective contractors. (1) (2) (3) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whethe~ it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Repotting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: 'The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. tn any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covedng the delinquent period or such other period specified by the agency or the Director. A bidder or prospective pdme contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, pdor to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. ( C ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connecuon with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. Stock '~lumber Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENTSTANDARDg Ae All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of _8 hours and a standard work week of 40 hours. Work in excess of the standard work day orwork week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, ro dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or ardcles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee shall provide that the recipient will compty with applicable regulations and standards of the Cost of Living Council in establishing wages and pdces. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allo~able levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and subgrants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of cimumstances beyond the control of the contractor. In all contracts for construqtion or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants in excess of $10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantae shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national odgin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or subgrantees and to assure that suspected or reported violations are promptly investigated. COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be p~mitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and even/subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national odgin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national odgin, (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; (d) That this contract may be canceled or terminated by the State or municipality, and ail moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within t~ territorial lim ts of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222~a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social secudty and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Dischmination, where complaints may be filed, and other pertinent information. Such Notice shall be posted ~n easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin, JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 28, 1997: RESOLVED that the Town Board of the Town of Southold hereby rejects the bid of KJB Industries, Inc., Riverhead, in the amount of $27,595.00, for the construction of stairs and landings at the end of Rocky Point Road, East Marion; and be it FURTHER RESOLVED that the Town Board hereby authorizes and directs the Town Clerk to readvertise for bids to construction a 4 ft. wide timber stairway to the beach at the end of Rocky Point Road, East Marion, New York, all in accordance with the NYS-DEC Permit. Judith T. Terry Southold Town Clerk October zg. 1997