The URL can be used to link to this page

Home My WebLink AboutF I Tennis Court Resurfacing . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 BOutholdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 11, 2005 t:ER.l'IF1ED l\f..~ RIilTYm>J BI!l€}j;T1'''' ft1i'{\T~fl'.I:D James Bloss JB's Asphalt Sealcoating Inc 123 Broad Avenue Riverhead, NY 11901 Dear Mr Bloss: Congratulations. The Southold Town Board, at its regular meeting of August 2, 2005 accepted the bid of JB' s Asphalt Seal coating Inc for the reconstruction and resurfacing of tennis courts on Fishers Island. A certified copy ofthe resolution is enclosed. Very truly yours, ~ ~Q.~ Elizabeth A. Neville Southold Town Clerk Enc. 1mb . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 11,2005 Corazzini Asphalt Inc PO Box 1281 Cutchogue, NY 11935 Dear Sir: The Southold Town Board, at its regular meeting of August 2, 2005, accepted the bid of JB' s Asphalt Sea1coating Inc for reconstruction and resurfacing of tennis courts on Fishers Island A certified copy of the resolution is enclosed. Thank you for submitting your bid. Very truly yours, ~Q.~ Elizabeth A. Neville Southold Town Clerk Enc. 1mb . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 11, 2005 Hinding Tennis Courts Hinding Sealcoating & Recreational Surfacing LLC 90 Wildrose Avenue Cuilford, CT 06437 Dear Sir: The Southold Town Board, at its regular meeting of August 2, 2005, accepted the bid of JB' s Asphalt Sealcoating Inc for reconstruction and resurfacing of tennis courts on Fishers Island. A certified copy of the resolution is enclosed. Thank you for submitting your bid. Very truly yours, ~Q.n1dli n'l(za~e~'A. N~~ Southold Town Clerk Enc. 1mb REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER . O'\cQ Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown ,northfork.net ELIZABETH NEVILLE TOWN CLERK . RESOLUTION # 2005-481 Resolution ID: 1046 Meeting: Department: Category: 08/02/05 07:30 PM Town Attorney Bid Acceptance THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-481 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON 08/02105: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Snpervisor Joshna Y. Horton to execnte an Al!reement between the Town of Southold and JB's Asphalt Sealcoatinl! Inc. in the amonnt of $28.000, for the reconstruction and resurfacing of two tennis courts on Fishers Island, as per the plans and specifications prepared by James Richter, R.A., Southold Town Engineering Department, subject to the approval of the Town Attorney. ~r.;.pt-p.. Elizabeth A. Neville South old Town Clerk REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER .Town H~: ~95 Main Road POBox 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net ELIZABETH NEVILLE TOWN CLERK . RESOLUTION # 2005-480 Resolution In: 1047 Meeting: Department: Category: 08/02/05 07:30 PM Town Attorney Bid Acceptance THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-480 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON 08/02/05: RESOLVED that the Town Board (lfthe Town of Southold hereby accepts the bid of JB's Asphalt Sealcoatinl! Inc. in the amount of $28.000, for the reconstruction and resurfacing of two tennis courts on Fishers Island, as per the plans and specifications prepared by James Richter, R.A., Southold Town Engineering Department, subject to the approval of the Town Attorney. Olj,.UfC?Qe..d.i... Elizabeth A. Neville Southold Town Clerk REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER blJ.. eTown Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown .northfork.net ELIZABETH NEVILLE TOWN CLERK e RESOLUTION # 2005-479 Resolution ID: 1045 Meeting: Department: Category: 08/02/05 07:30 PM Town Attorney Bid Acceptance THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-479 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON August 2, 2005: RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 446 & 447 of2005 adopted at their regular meeting dated July 19,2005. ~"~:Q~~~. Elizabeth A. Neville Southold Town Clerk c!I~a3JiHl o'lJpltatt, ~e. P.O. BOX 1281 CUTCHOGUE, NEW YORK 11935 (631) 734-5600 FAX (631) 734-5625 Via Facsimile .' .'. . : 0::,) August 1,2005 '/.', 2 2005 :-1", Southold Town Hall P.O_ Box 1179 53095 Main Road . Southold, NY 11971 Soufhold Town Clerk Fax # 631-765-9015 To: From: Town Of South old Corazzini Asphalt, Inc. Project: The reconstruction and resurfacing of Two Tennis Courts located on Fisher's Island. It has come to our attention that the manufacturer of the Armor Crack repair system, as defined in the Bid Specifications, requires a Certified Installer. For this reason, Corazzini Asphalt respectively requests that the Town of Southold disregard their Bid Proposal for this proj ecl. . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 1,2005 James Bloss JB's Asphalt Sealcoating Inc 123 Broad Avenue Riverhead, NY 11901 Dear Sir: The Southo1d Town Board, at its regular meeting of July 19, 2005, accepted the bid of Corazzini Asphalt Inc for the reconstruction and resurfacing tennis courts on Fishers Island. A certified copy of the resolution is enclosed. Thank you for submitting your bid. Very truly yours, ~Q.~ Elizabeth A. Neville Southold Town Clerk Enc. 1mb . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD August 1,2005 Hinding Tennis Courts Hinding Sealcoating & Recreational Surfacing LLC 90 WIldrose Avenue Guilford, CT 06437 Dear Sir: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net The Southold Town Board, at its regular meeting of July 19, 2005, accepted the bid of Corazzini Asphalt Inc for the reconstruction and resurfacing tennis courts on Fishers Island. A certified copy of the resolution is enclosed. Thank you for submitting your bid. Very truly yours, ~Q.~ Elizabeth A. Neville Southold Town Clerk Enc. hub . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 1,2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Corazzini Asphalt Inc PO Box 1281 Cutchogue, NY 11935 Dear Sir: Congratulations. The Southold Town Board, at its regular meeting of July 19, 2005, accepted the bid of Corazzini Asphalt Inc for the reconstruction and resurfacing of tennis courts on Fishers Island. A certified copy of the resolution is enclosed. Very truly yours, ~Q.~ Elizabeth A. Neville Southold Town Clerk Enc. 1mb . . (;;J2 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 447 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 19, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to sil!n an Al!reement between the Town of Southold and Corazzini Asphalt Inc.. in the amount $26,400. for the reconstruction and resurfacing oftwo tennis courts on Fishers Island, as per the plans and specifications prepared by James Richter, RA, Southold Town Engineering Department, subject to the approval of the Town Attorney. ~~...p.. Elizabeth A. Neville South old Town Clerk . . ~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 446 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 19, 2005: RESOLVED that the Town Board of the Town of Southold hereby accents the bid of Corazzini Asnhalt Inc.. in the amonnt $26.400. for the reconstrnction and resurfacine: of two tennis courts on Fishers Island. as per the plans and specifications prepared by Janles Richter, RA, Southold Town Engineering Department. a~ClQ~'1J... Elizabeth A. Neville Sonthold Town Clerk . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING 2005 Fishers Island Tennis Courts Hinding Tennis Courts 90 Wildrose Avenue Guilford, CT 06437 Cozzarini Asphalt Inc Po box 1281 Cutchogue, NY 11935 JB's Asphalt Sealcoating Inc 123 Broad Avenue Riverhead, NY 11901 Bid Opening 6/30/0510:00 A.M. Option # I Armor Crack Option # 2 Premier Court . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfor k. net $ 33,000 $ 64,000 $ 26,400 $ 28,000 ~"j' - -:l ~"" iF . . In accordance with Section 103-d General Municipal Law, effective September 1,1966, every bid or proposal hereafter made to a political subdivision ofthe State of any public department, agency, or official thereof orto a fore district or any agency or official thereottor 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-colluslve bidding certification. A. By submission ofthls bid, each bidder and ,!ach person signing on behalf ofany bidder certifies, and In the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices In this bid have been arrived at Independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted In this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or Indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to Induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully Informed himself regarding the accuracy of the statements contained In this certification, and under the statements contained In this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing In Its behalf. 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 "J''''''''€S .A4. BfaS.J' oftheJR-S AspJ.a If.. .<y,q /coa.-I-r0'l ~<. be (Name 01 signatory) (Name 01 CorporlI\lc\n) authorized to sign and submit the bid or proposal of this corporation for the following Project: Reconstruction and Resurfacing of Two Tennis Courts on Fishers Island. and to Include In such bid or proposal the certificate as to non-colluslon required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any Inaccuracies or miss-statements In such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing Is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the ~8 +-It day of J lAl)-e,. ,20~ (SEAL OF THE CORPORATION) Laws. 01 New York, 1965 Ch. 751, See.. 103-d.as amended & effective on September 1,1965. r~Ak Signature TENNIS COURT RECONSTRUCTION & RESTORATION E -1 GENERAL CONSTRUCTION FOR FISHERS ISLAND TENNIS COURT REPAIR; CONTRACTOR SHALL PROVIDE THE RESTORATION, REPAIR, RECONSTRUCTION AND RESURFACING OF TWO EXISTING ASPHALT TENNIS COURTS IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARY FOR THE RECONSTRUCTION & RESURFACING AS REQUIRED TO PROVIDE A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: Iw<nf1.- f i~h+ Th.OUS4"d (written n words)- \ 2.8',000. (written In numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature ~ /J ~ of Bidder: m. ~ ~~I::e~~e ~3J-1l'l-tf7S& Date: &/ZY/05 , . Bidders Address: I Z "3 13rc ad 1111< . t,'v~rA~.l }I.r. J /10 I , TENNIS COURT RECONSTRUCTION & RESTORATION D-2 "<.', _~"",_~",,_,,~,~,_._'_""~"-'_"N'_~~~" ""_~_~"'_" ,~"""_,_'~,._._,.._,,,,_._~ ._.~.,,__~,_v"""_~_"_~.""" "'1'1 ~ J . . . . 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 thereofforwork or services performed orto 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; nOh-colluslve bidding certification. A. By submission ofthls bid, each bidder and ~ach person signing on behalf of any bidder certifies, and In the case of a joint bid, each party thereto certifies as to Its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices In this bid have been arrived at Independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. 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. No attempt has been made or will be made by the bidder to Induce any other person, partnership, or corporation to submit or not to. submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully Informed himself regarding the accuracy of the statements contained In this certification, and under the statements contained In this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing In Its. behalf. That attached hereto (If a corporate bidder) Is a certified copy of resolution' authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. It) d ,:~OLU~ON I Resolved that C/I'OVUI-v J ofthe t.LYo l1l l) (Name of slgnalory) (Ns authorized to sign and submit the bid or proposal of this corporation for th (2) (3) B. C. ~Jf be Reconstruction and Resurfacing of Two Tennis Courts on Fishers Island. and to Include In such bid or proposal the certificate as to non-colluslon required by section one- hundred-three-d (103-<1) of the General Municipal Law as the act and deed of such corporation, and for any Inaccuracies or miss-statements In such certificate this corporate bidder shall be liable under the penalties of perjury. The foregOing Is true and correct. copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the 2'lr- , 20 C' <r' JACQUELINE MARIE GATZ (SEAL OF THE CORPORATION) Notary Public, State 01 New Y, LawaofNewYork,1965 No.01GA6015316 Ch. 751, Sec.10300d, as amended & . f"'. O~lal!fied in ~utfolk County ffectlve S I b 1 1965 ..om miSSion ExpIres Oct. 26," e on ep em er, .? 1 t;.tJ4'-t 1ft t1~~ TENNIS COURT RECONSTRUCTION & RESTORATION E -1 GENERAL CONSTRUCTION FOR FISHERS ISLAND TENNIS COURT REPAIR; CONTRACTOR SHALL PROVIDE THE RESTORATION, REPAIR, RECONSTRUCTION AND RESURFACING OF TWO EXISTING ASPHALT TENNIS COURTS IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARY FOR THE RECONSTRUCTION & RESURFACING AS REQUIRED TO PROVIDE A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: it / 2~1 7'~1 (wrltte In numbers) ~v-H -$(A: f)~~) --kr l"J.e) /%-- (written In words) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal. shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: /1{/lJA/ i Dated: Telephone Ip':lJ~ ?J'I-C?OV Number: l.I 7 ~ Date: lilt! 6 S Bidders .' &t / Address: ~lcfJ ?, t11?...e.. 6AJoh, M'j /)13)--- Signature of Bidder: TENNIS COURT RECONSTRUCTION & RESTORATION 0-2 _..,._"...__~_.,_~..._,,".~ ....~~.'".~._._.,"..._"."_;~..c_,.._..~.._"_..._'''''~.,, W^_w\ '\, June 22, 2005 Town of Southhold, NY Re: Tennis Court Bid Opiton # 1- Armor Crack- 2 year warranty- 2 Tennis Courts Repair 1000 l.f. of Cracks with the Armor Crack Repair System. This will include a 2 year warranty. Repair all low spots to 65% improvement Paint with 2 Coats of acrylic color- same as existing Layout and paint lines. Price: $33,000 Option # 2- Premier Court- 15 Year Warranty Install the 15 Year warranty Premier Court to 2 Tennis Courts. Prepare court surface with patch binder and fill all cracks. Paint with three coats of paint. Install new net posts and footings to area. Price: $64,000 For additional information, please call me if you have any questions. I look forward to meeting with you.. Rinding Sealcoating & Recreational Surfacing, LLC 90 Wildrose Avenue, Guilford, Ct 06437 Tel: (203) 453-4117 . Fax: (203) 453-3236 ~''''''" SPOIO'SBUlLDEIU MF.IlOWl- ASSOCIATION .." .w....__,.'_.__~~~_,._,_.".,_",..._~w.~__~"'~".'o,~.-.,,~'>.,..,,.,.,0__';""_'__ " .~",.,~_"_,~,",_~"." _~,_'A. __'_'~'""_""'""~",,,_,"""h""""'~"'_'.'.'I.n "'1'" ~"ll!~"__' ~ - ." . Invitation to Bid IICllllrldl1 and 1IIIrllcIII of "'I TIIIII Cllns at Fishers Island Town of Southold FISHERS ISLAND, NEW YORK Date: June 13, 2005 ~\Uffl1L.t ~ ~II~ I . .. $ ~ 41 .. ~ ~. ~~~ SOUTHOLD TOWN ENGINEERING DEPARTMENT SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD '.. - ..~ . . INVITATION TO BID PROJECT: The reconstruction and resurfacing of Two Tennis Courts located on Fishers Island. The Town Board of the Town of Southold will receive bids for fumishing all materials and equipment as specified in the bid documents for the reconstruction and resurfacing of two existing Tennis Courts on Fishers Island all in accordance with the Drawings & Specifications contained herein. Bids will be received at the office of the Southald Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 30th Day ,Iune Month 20illi... Year All specifications are provided herein: drawings "Aerial Photographs" to be attached. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Please advise if you intend to bid or not. Dated: .Iune 7 , ?005 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk TENNIS COURT RECONSTRUCTION & RESTORATION A-1 \. _ ~l . . INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all Labor, materials, plant, equipment, tools or other facilities, & to supply all materials in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be ~igned in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated in these specifications. B. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. C. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. D. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. TENNIS COURT RECONSTRUCTION & RESTORATION B-1 " .' . . The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals, The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposaL The acceptance of a proposal shall bind the successful bidder to execute the contract as stipulated herein, E, WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour setforthe opening thereof, will be given permission to withdraw his proposaL At the time of opening the proposals, when such proposals are reached, it will be returned to him unread, F, REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal having interlineations, erasure or corrections may be rejected. H. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within ten (10) days after notice thatthe Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the ProposaL J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within two weeks of signed contracts, or the date stipulated in the notice to proceed given to him by the Town of Southold. END OF SECTION TENNIS COURT RECONSTRUCTION & RESTORATION B-2 . , . . INDEX TO SPECIFICATIONS COVER SHEET BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form Statement of Non-Collusion A - 1 through A - 1 B-1 through B-2 C - 1 through C - 1 D - 1 through D - 2 E - 1 through E - 1 GENERAL CONDITIONS AlA General Conditions Supplementary General Conditions Payroll Certification forms Prevailing Wage Rates Compliance with the labor law & Other Dept. of labor Regulations AlA Document # A201 F - 1 through F - 2 G - 1 through G - 2 H - 1 through H - 1 M - 1 through M -8 CONSTRUCTION SPECIFICATIONS Summary of Work References Asphalt Pavement Restoration Court Resurfacing & Pavement Markings Section 01010 Section 01420 Section 02500 Section 02700 AERIAL PHOTOGRAPHS SP - 1 SP - 2 SITE lOCATION REFERENCE PLAN - Scale: 1" = 200' TENNIS COURT PLAN - Scale: 1" = 30' TENNIS COURT RECONSTRUCTION & RESTORATION C -1 , . ; . . PROPOSAL FORM I~ J) ,1,/ Date:~ (tVQ7Vnl ,1,4110 ){~~ /A Rt*-' Il/e; / ~()I /1/- If //1:1 S/ I NAME of BIDDER: Telephone: It,), 7~'!-7{)'L-L TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: June 13, 2005, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work for: Reconstruction and Resurfacing of Two Tennis Courts on Fishers Island. and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., South old Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: TENNIS COURT RECONSTRUCTION & RESTORATION D - 1 . . GENERAL CONSTRUCTION FOR FISHERS ISLAND TENNIS COURT REPAIR; CONTRACTOR SHAll PROVIDE THE RESTORATION, REPAIR, RECONSTRUCTION AND RESURFACING OF TWO EXISTING ASPHALT TENNIS COURTS IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHAll FURNISH All lABOR & MATERIALS NECESSARY FOR THE RECONSTRUCTION & RESURFACING AS REQUIRED TO PROVIDE A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES Will BE COMPLETED FOR THE STIPULATED "lUMP SUM" OF: ~&~"srx f)c,u...) -;;,//,L,k) '%- (written In words) 'it / Z~ 7'M/ (wrltte In numbers) And he further agrees that if this proposal shall be accepted by the Town and that ifhe shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: ,,1:IiJA/t Dated: Signature of Bidder: ~ t:t), ?y/--C?OU &/11/65' Bidders It. &t / Address: 171(/.1 ~, 4-YJ~ &Aio!J/' MY //13 j---" Telephone Number: Date: TENNIS COURT RECONSTRUCTION & RESTORATION D-2 , . . . $IATEMENT OF NON.COLLUSION (To be completed by each Bidder) In accordance with Section 103-<1 General Municipal Law, effective September 1,1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereoffor work or services performed orto 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 ofthis bid, each bidder and "ach person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to Its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter reiating to such prices with any other bidder or any competitor. 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. No attempt has been made or will be made by the bidder to Induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in Its behalf. That attached hereto (If a corporate bidder) Is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION ....'wd~..tJA~~, J~f~' (to lW d: .~!: authorized to sign and submit the bid or proposal of this corporation for th following Project: (2) (3) B. c. be Reconstruction and Resurfacing of Two Tennis Courts on Fishers Island. and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-<l (103-<1) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the 12.-- 21' ,20 0 <)' (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, 58C.103-<1, as amended & . effectIve on September 1, 1965. JACQUELINE MARIE GATZ Notary Public. State 01 new Y No. 018/,601:::;;316 Q:J8:!.ified in Sdfc'l,( County 'Jommlsslon EX~lr~s U~l. 26," ~~ l w.ill-< 11/ ttlA . {; . TENNIS COURT RECONSTRUCTION & RESTORATION E -1 ,. f T'H E AMERICA. INSTITUTE .F ARCHITECTS " AlA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8, TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY . SEP ARA TE CONTRACTORS 13. MISCELLANEOUS PROVISIONS 7. CHANGES IN THE WORK 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and efidorsed by the Associated General Contractors of America. Copyright 1911, 1915. 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1966, 1967,1970,1976, @1987byTheAmedcanlnstituteofArchJtects, 1735 New y or~ Avenue, N. W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation afits provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecutions. ~ r.TI:t CAUTION: You should use an orlglna' AlA document which has this cawlon printed In red. IIa&iI An original assures that changes will not be obscured as may occur when dacuments are reproduced. AlA DOCUMENT,A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @t987THEAMERICANINsTITUTEOFARCHITECTs, 1735 NEW YORK AVENUE, N.W., WASHINGTON,D.C. 20006 A201.1987 1 WARNING, UnllcellMd photocopying viol.... u.s. copyrlghl_ and Ia aubjact 10 IagaIproaacutIon. , . . Acceptance 01 Nonconlormlng Work. . . . . . . .. 9.6.6,9.9.3,12,3 Acceptance of Work ........... 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 A...... to Work " .... ."""""""." 3.16,6.2.1,12.1 Accident Prevention. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.2.3,10 Acts and Omissions 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, 4.3.9,8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Addenda """""". "."." 1.1.1,3.11 Additional Cost, Claims for. . . . 4.3.6,4.3.7,4.3.9,6.1.1,10.3 Addltlonal1nspeOionsand Testlng. """ 4.2.6,9.8.2,12.2.1,13.5 Addltlonal Time, qalms 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-riskInsurance................ ......... 11.3.1.1 Appllcetlons lor Payment 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1.9.6.3, 9.8.3,9.10.1,9.10.3,9.10.4,11.1.3,14.2.4 Approvals. . .. 2.4,3.3.3,3.5,3.10.2,3.12.4 through 3.12.8, 3.18.3, 4.2.7,9.3.2,11.3.1.4,13.4.2,13.5 Arbitration. . . 4.1.4,4.3.2,4.3.4,4.4.4,4.5, 8.3.1.10.1.2,11.3.9,11.3.10 ArchIteet ". """". ",,""" 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, 4.4,5.2,6.3,7.1.2,7.2.1,7.3.6,7.4,9.2,9.3.1. 9.4,9.5,9.6.3,9.8.2,9.8.3,9.10.1,9.10.3, 12.1, 12.2.1, 13.5.1,13.5.2,14.2.2,14.2.4 Architect, Limitations of Authority and Responsibility. 3.3.3,3.12.8, 3.12.11,4.1.2,4.2.1,4.2.2,4.2.3,4.2.6,4.2.7, 4.2.10, 4.2.12, 4.2.13,4.3.2,5.2.1,7.4,9.4.2,9.6.4,9.6.6 Architect's Additional Services and Expenses 2.4,9.8.2, 11.3.1.1,12.2.1,12.2.4,13.5.2,13.5.3,14.2.4' Archlteet'a Admlnlatrallon 01 the Conlract ....... . .. 4.2,4.3.6, 4.3.7, 4.4, 9.4, 9.5 Archltect'sApprovals 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 Architect's Authority to Reject Work .... 35.1,4.2.6,12.1.2,12.2.1 Architect's Copyright ................................. 1.3 Architect's Decisions. .. .. ..... 4.2.6,4.2.7,4.2.11,4.2.12,4,2.13, 4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1, 9.2,9.4,9.5.1,9.8.2,9.9.1,10.1.2,13.5.2,14.2.2, 14.2.4 Architect's Inspections. .. , . 4.2.2,4,2,9,4.3.6,9.4,2,9.8.2, 9.9.2,9.10.1, 13.5 Architect's InstruOions.. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1,13.5.2 Architect's Interpretations. ,'.... ..'.'....., 4.2.11,4.2.12,4.3.7 Architect's On-Site Observations .... , . .. 4.2,2,4.2.5,4,3,6,9.4.2, 9.5.1,9.10.1,13.5 Architect's Project Represenbtive ...,...... 4.2.10 Architect's Relationship with Comractor .. ., 1.1.2,3.2.1,3.2.2, 3.3.3,3.5.1,3.7.3,3.11,3.12.8,3.12.11,3.16,3.18, 4.2.3, 4.2.4, 4.2.6,4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7,12.1,13.5 Architect's Relationship with Subcontractors. . ., 1.1.2,4.2.3,4.2.4, 4.2.6,9.6.3,9.6.4, 11.3.7 Architect's Representations. . . . .. . . . . . . . . . ., 9.4.2,9.5,1,9.10.1 Architec["s Site Visils . 4.2.2,4.2.5,4.2,9,4.3.6,9,4.2,9.5,1, 9.8.2,9.9.2,9.10.1, 13.5 Asbestos .., ...,......,. .....10,1 Auorneys' Fees. ..... ". .. .,. .,. 3.18.1,9.10.2,10.1.4 Award of Separate Comracts. ... ....,. ., .. '.... ., ..... 6.1.1 Award 01 Subcontracla and Olhar Contracta lor Portions oItha Work ......"......."......" 5.2 BaalcDeflnRlons..."..""......... ...."... .. 1.1 BiddlngRequirements. ... ., . . .,.. ,... 1.1.1, 1.1~7, 5,2,1, 11.4.1 Boller and Machinery lnaurance ..................... 11.3.2 Bonds, Uen ,.......,....,.....,......"....,.".. 9.10,2 Bonds, Performance and Payment. . . .. 7,3.6.4,9,10.3,11.3.9,11.4 . INDEX Building Permit ........",."....,...,.".,..3,7.1 Capitalization".."............."..... .".1.4 Certific~,[e ofSubsr:antial Completion. . , , . . . , , . . . , . . , , . .. 9,8.2 Cartlllcataa lor Payment. . . . . .. 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1, 9.6.6,9.7.1,9.8.3,9.10.1,9.10.3,13.7, 14.1.1.3, 14.2.4 Certificates ofInspection, Testing or Approval. , , .. 3.12.11, 13.5.4 Certificates of Insurance ... .,. , , , ". ...,., 9.3.2,9.10.2,11.1.3 Change Ordera. . 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3.3,5.2.3, 7.1,7.2,7.3.2,8.3.1,9.3.1.1,9.10.3,11.3.1.2, 11.3.4, 11.3.9, 12.1.2 Change Orders, Definition of , . , . . . . . . , . . . , . , , . . , , , . . .. 7.2.1 Changes.... """.. ..... """'" '" ..... ...... ....7.1 CHANGES IN THE WORK .... 3.11,4.2.8,7,8.3.1,9.3.1.1,10.1.3 Claim, Deflnltlonof.. ".... ......".."....." 4.3.1 Clalmaand Dlaputaa . . . . . . . . . . . . .. 4.3,4.4,4.5,6.2.5,8.3.2, 9.3.1.2,9.3.3,9.10.4, 10.1.4 Clalma and Timely Aaaanlon 01 Clalma ......... 4.5.6 Claims lor Additional Coat ........ 4.3.6,4.3.7,4.3.9,6.1.1,10.3 Clalma lor Additional Time """""" 4.3.6,4.3.8,4.3.9,8.3.2 Claims lor Concesled or Unknown Conditione. . . . . . . . . .. 4.3.6 Claims lor Datrulges. . .3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, 10.1.4 CI3imsSubjecttoArbitration.... ',.." 4.3.2,4.4.4,4.5.1 CleanlngUp ..."...."..""..."..."..."... 3.15,6.3 Commencement 01 Statutory LImitation Period .. . . . .. 13.7 CommencementoftheWork,ConditionsRelatingto.."... 2.1.2, 2.2.1,3.2.1,3.2.2,3.7.1,3.10.1,3.12.6,4.3.7,5.2.1, 6.2.2,8.1.2,8.2.2,9.2,11.1.3,11.3.6,11.4.1 Commencement of the Work, Definitfonof, , . "'.. 8.1.2 Communications Facilitating Contract Administration. .. .. , ... ..,... ., . .. , ." 3.9.1,4.2.4,5.2,1 Completion, Conditions Relating to 3,11,3.15,4.2,2,4.2,9, 4.3.2,9.4.2,9.8,9.9.1,9.10,11.3.5,12.2.2,13.7.1 COMPLETION,PAYMENTsAND......................... 9 Completion, Substantial......... 4.2.9,4.3.5.2,8.1.1,8.1.3.8.2.3, 9.8,9.9.1,12.2.2,13.7 Compllance with Laws ..... 1.3,3.6,3.7,3.13,4.1.1,10.2.2,11.1, 11.3, 13.1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 COncealed or Unknown Conditions. , . . . . . . . . . . . . . . . . . .. 4.3,6 Conditions of the COntract .."....,....,.... 1.1.1,1.1.7,6.1.1 Consent, Written. . . . . . .. . . . . . . . . .. 1.3.1,3.12.8,3.14.2,4.1.2, 4.3.4,4.5.5,9.3.2.9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,10.1.3, 11.3.1,11.3.1.4,11.3.11,13.2,13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS.............................. 1.1.4,6 Construction Change Directive, Definition of. . . . . . , , , . . . ., 7.3,1 ConalJuctlonChangaDl"",_ "" 1.1.1,4.2.8,7.1,7.3,9.3.1.1 ConstructionSChedules,COnttactor's.........,.,... 3.10,6.1.3 Contingent Aaalgnment 01 Subcontracla ................ 5.4 Continuing Contract Pet10nnance .. . . . . . . " 4.3.4 Contract,Oeflnitionof....,..,.". ""..1.1.2 CONTRACT, TERMINATION OR SUSPENSIONOFTHE .... 4.3.7,5.4.1.1,14 Contract Administration, . . . . , 3.3.3,4,9.4,95 Contract Award and Execution, Conditions Relating to . . . , .. 3,7.1, 3.10,5.2,9.2,11.1.3,11.3.6,11.4.1' Contract Documenla, The...................... 1.1,1.2,7 ContC2ct Documents, Copies Furnished and Use of. .. 1.3,2.2.5,5.3 Contract Documents, Definition of ...., ... ...., ......,. 1.1.1 ConttactPerformanceDuringArbitration.".,....... 4.3.4,4.5.3 ConlractSum . . . . . . . . . . . . . . . . . .. 3.8,4.3.6,4.3.7,4.4.4,5.2.3, 6.1.3,7.2,7.3,9.1,9.7,11.3.1,12.2.4,12.3,14.2.4 ContractSUm,Definitionof..... ,.....,.""...., 9.1 Contract Time ................. 4.3.6,4.3.8,4.4.4.7.2.1.3,7.3, 8.2.1,8.3.1,9.7,12.1.1 ContractTime,Deflnltlono~,....".................,. 8.1.1 2 A201.1987 AlA DOCUMENT A201 . GENERAL CONomONS OF THE CONTRACT fOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINsTlTUTEOFARCHITECTs, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying viola... U.S. copyright taws end lIsublect to legal prosecution. .' . CONTRACTOR... ... ... .. .. .... ... ..... ... ... .. . .. ... 3 Contractor,Deffnltlonof ..........................3.1,6.1.2 Contractor's Bid. . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . .. 1.1.1 ConlnlclOr'. Constnlctlon Schedules. . . . . . . . . . . .. 3.10,6.1.3 Contractor'sEmployees .... _,. 3.3.2,3.4..2,3.8.],3.9,3.18,4.2.3, 4.2.6,8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Controctor'. UobIllly lnourenco ....................... 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, 3.18.1,3.18.2,5.2,5.3,5.4,9.6.2,11.3.7,11.3.8,14.2.1.2 Contractor's ReJationship with the Architect .... 1.1.2,3.2.1,3.2.2, 3.3.3,3.5.1,3.7.3,3.11,3.12.83.16,3.18,4.2.3, 4.2.4, 4.2.6, 4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7,12.1,13.5 Contractor's Representations. . 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Contractor's Responsibility for Those PerformingtheWork............. 3.3.2,3.18,4.2.3,10 Contractor's Review of Contract Documents. . . . .. 1.2.2,3.2,3.7.3 Contractor's Rightto Stop the Work .... ................... 9.7 Contf2ctor's Right to Terminate the COntract ........ 14.1 Contnlctor's Submittals. . . . . .. 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2, 9.10.3, 10.1.2, 11.4.2, 11.4.3 Contf2ctor's Superintendent. . . . . _ . . . . . . . . . . . . .. 3.9,10.2.6 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. . . . . . . _ '. 11.1.1.7,11.2.1 CoordinatlonandCorrelation ............... 1.2.2,1.2.4,3.3.1, 3.10,3.12.7,6.1.3,6.2.1 Copies.FwnishedofDtawingsandSpeciflcatlons... 1.3,2.2.5,3.11 Correction of Work . . . . . . .. . . . . . . . . .. 2.3,2.4,4.2.1,9,8.2, 9.9.1,12.1.2,12.2,13.7.1.3 Cost,Ddinltionof ............................ 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, 6,1.l, 6.2.3,6.3,7.3.3.3,7.3.6,7.3.7,9.7,9.8.2,9.10.2,11.3.1.2, 11.3.1.3,11.3.4,11.3.9,12.1,12.2.1,12.2.4,12.2.5,13.5,14 CUlUngandP.tchlng........................... 3.14.6.2.6 Damage to Construction of Owner or Separ:ite COntractors 3.14.2, 6.2.4,9.5.1.5,10.2.1.2,10.2.5,10.3,11.1,11.3,12.2.5 Damage: to the Work. . . .. 3.14.2,9.9.1,10.2.1.2,10.2.5,10.3,11.3 D:uluges, Claims fur.. 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4 Damagcs for Dday. ................... 6.1.1,8.3.3,9.5.1.6,9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Date of Substantial Completion, Definition of. . . . . . . . _ . . . " 8. t.3 Day, Definition of. .. . .. . . .. .. . . .. .. . .. .. . . .. .. . . .. .. 8.1.4 Decisions of the Archltect ...... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3, 8.3.1, 9.2, 9.4,9.5.1,9.8.2,9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 DecI8IonolOWllhholdCortlficollon .......... 9.5,9.7,14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of . '. . . . -' . . . .. 2.3,2.4,3.5.1,4.2.1, 4.2.6,4.3.5,9.5.2, 9.8.2, ~.9.1, 10.2.5, 12, 13.7.1.3 Defective Work, Definition of .... . . . . . . . . . . . . . . . . . . . .. 3.5.1 Defmltions...... 1.l,2.I.I,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.I, 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1 O.I'Y88ndExten.lon.ofTlme... 4.3.1,4.3.8.1,4.3.8.2, 6.1.1,6.2.3,7.2.1,7.3.1,7.3.4,7.3.5,7.3.8, 7.3.9,8.1.I,8.3.1O.3.1,14.1.1.4 Disputes....... ... 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2 DocumentsandSamplesattheSite...................... 3.11 Df2wings, Definition of . . . . . . . . . . . . . . . . ... . . . . . . . . . . .. 1.1.5 Drawings and Specifications, Use and Ownershlp-of. .... 1.1.1,.1.3, 2.2.5,3.11,5.3 Duty to Review Contract Documents and Field Conditions. . . .. 3.2 EffectlveDateofInsurance...................... 8.2.2,11.1.2 . Emorg.ncle. . . . . . . . . . . . . . . . . . . . . . .. 4.3.7,10.3 Employees, Contractor's. .. . . .. '" 3.3.2,3.4.2,3.8.1,3.9,3.18.1, 3.18.2,4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Equipment, Labor, Materials and . . . . 1.1.3,1.1.6,3.4,3.5.1, 3.8.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 11.3, 12.2.4, 14 Execution and Progress of the Work ....... 1.1.3,1.2.3,3.2,3.4.1, 3.5.1,4.2.2,4.2.3,4.3.4,4.3.8,6.2.2,7.1.3, 7.3.9,8.2,8.3,9.5,9.9.1,10.2, 14.2, 14.3 ExecuUon, Correlation and Intent of the Contract Documems .......................... 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 Comractor ...... 9.5.1.3,14.2.1.2 Failure of Payment by Owner .... 4.3.7,9.7,14.1.3 Faulty Work (See Defective or Nonconforming Work) Fln.ICompletion.ndFln.IPoymonl .... 4.2.1,4.2.9,4.3.2, 4.3.5,9.10. 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Financial Arrangements, Owner's. . . . . . . . . . . .. 2.2.1 Fire and Extended Coverage Insurance 11.3 GENERAL PROVISIONS. . . . . . .. 1 GovemlngLow ....... 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials. . . . . . . . . . . . . . . . . .. 10.1, 10.2.4 Identification of Contract Documents . . . .. .... .. . . .. 1.2.1 Identification of Subcontractors and Suppliers ............ 5.2.1 Indemn_n.. 3.17,3.18.9.10.2,10.1.4,11.3.1.2,11.3.7 Information.nd Service. Required of tho Owner. . . " 2.1.2,2.2. 4.3.4,6.1.3,6.1.4,6.2.6,9.3.2,9.6.1,9.6.4,9.8.3, .9.9.2, 9.10.3,10.1.4,11.2,11.3,13.5.1,13.5.2 InJury or O.m.ge 10 Peroon or Property . . . . . .. 4.3.9 Inspections...... 3.3.3,3.3.4,3.7.1,4.2.2, 4.2.6,4.2.9,4.3.6,9.4.2,9.8.2,9.9.2,9.10.1, 13.5 InstructionstoBidders................. ...1.1.1 Instructions to the Contractor. 3.8.1,4.2.8,5.2.1,7,12.1,13.5.2 Insur.mce.... ... 4.3.9. 6. !.l , 7.3.6.4, 9.3.2, 9.8.2, 9.9.1, 9.10.2,11 Inourenco, BoIIerond M.chlnory .................... 11.3.2 Inouronco.ContraclOr'.Lleblllty ...................... 11.1 Insurance, Effective Date of . . . . . . . . . . . . .. ... 8.2.2, 11.1.2 Inouronco.L008ofU............................... 11.3.3 Inouronco.Ownor'.Lleblllty............... ........ 11.2 lnourenco, Property.. .... .. .... .. .. .... 10.2.5,11.3 Insurance, Stored Materials .. . . . . . . . . . . .. 9.3.2, 11.3.1.4 INSURANCEANDBONDS ............................. 11 Insurance Companies, Consent to Partial Occupancy. .9.9.1,11.3.11 Insurance Companies, Settlement with. . . . . . . . . . . .. 11.3.10 Intent of the Contract Documents.. ... . .... ...... 1.2.3,3.12.4, 4.2.6.4.2.7.4.2.12,4.2.13.7.4 In_I.. .. .. . .. . . .. . .. .. .. .. . . . . .. .. . . .. . ... 13.8 Int.rpretatlon. . . . . . 1.2.5, 1.4,1.5. 4.!.l, 4.3.1, 5.1,6.1.2,8.1.4 Interpretations, Written.................. 4.2.11,4.2.12,4.3.7 JOinder and Consolidation of Claims Required ............. 4.5.6 JudgmonlonFlnoIAw."'................ 4.5.1,4.5.4.1,4.5.7 L.bor.nd M.teri.... Equipment. . .. 1.1.3, !.l.6, 3.4.3.5.1,3,8.2, 3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1, 4.2.7,6.2.1,7.3.6,9.3.2,9.3.3,12.2.4, 14 Labor Disputes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8.3.1 LawsandRcgulations ...... 1.3,3.6,3.7,3.13,4.!.l, 4.5.5, 4.5.7, 9.9.1,10.2.2, 1!.l, 11.3, 13.1, 13.4,13.5.1, 13.5.2, 13.6 Uens.. ...... . ... ... ... 2.1.2,4.3.2,4.3.5.1,8.2.2,9.3.3,9.10.2 Llmlt8t1on on Col1801ld8t1on or Joinder ................ 4.5.5 Limitations. Statutes of . .... 4.5.4.2,12.2.6,13.7 LlmitatlonsofAuthority... . ... ...... ...... 3.3.1,4.1.2,4.2.1, 4.2.3,4.2.7,4.2.10,5.2.2,5.2.4,7.4,11.3.10 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIAs . @1987THEAMERlCANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201.1987 3 , , . LimltationsofLlabillty..... 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.11, 3.\7,3.18,4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.10.4, 10.1.4,10.2.5,11.1.2,11.2.1,11.3.7,13.4.2,13.5.2 Limit~tionsofTime,General ........... 2.2.1,2.2.4,3.2.1,3.7.3. 3.8.2,3.10,3.12.5,3.15.1,4.2.1,4.2.7,4.2.11,4.3.2, 4.3.3,4.3.4,4.3.6,4.3.9,4.5.4.2,5.2.1,5.2.3,6.2.4, 7.3.4, 7.4, 8.2,9.5,9.6.2,9.8,9.9,9.10,11.1.3,11.3.1,11.3.2,11.3.5, 11.3.6,12.2.1,12.2.2,13.5.13.7 Limitations of Time, Specific .......... 2.1.2,2.2.1,2.4,3.10,3.11, 3.15.1,4.2.1,4.2.11,4.3,4.4,4.5,5.3,5.4,7.3.5,7.3.9,8.2, 9.2,9.3.1,9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2,11.1.3,11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Lo..ofUoelnaurance...................... .. 11.3,3 Material Suppliers. . . . . . . . . . . . .. 1.3.1,3.1-2.1,4.2.4,4.2.6,5.2.1, 9.3.1,9.3.1.2,9.3.3,9.4.2,9.6.5,9.10.4 Materials,Hazardous ................. .... 10.1,10.2.4 Materials, Labor, Equipmemand . . . .. 1.1.3,1.1.6,3.4,3.5.1,3.8.2, 3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,6.2.1, 7.3.6,9.3.2,9.3.3, 12.2.4, 14 Means, Methods, Techniques, Sequences and Procedures of Construction . . . . . " 3.3.1,4.2.3.4.2.7,9.4.2 MlnorChangeslnlheWorl<... .. . 1.1.1,4.2.8,4.3.7,7.1,7,4 MISCELLANEOUS PROVISIONS. . . . . . . . . . . . . . . .. 13 Modifications,Definitionof.. ................... 1.1.1 Moditlcatlons to the Contract ... 1.1.1,1.1.2,3.7.3,3.11, 4.1.2,4.2.1,5.2.3,7,8.3.1,9.7 MublalR_nslblllly................................ 6.2 Nonconforming WOI1<, Acceptance of . . . . . . . .. 12,3 NonconfonningWork,RejectionandCorrectlonof........ 2.3.1, 4.3.5,9.5.2,9.8.2, 12, 13.7.1.3. Notice............ 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8, 3.12.9,3.\7,4.3,4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1, 9.5.1,9.6.1,9.7,9.10,10.1.2,10.2.6,11.1.3,11.3,12.2.2, 12.2.4,13.3, 13.5.1, 13.5.2, 14 NoUce. Wrl1Ien ........... 2.3,2.4,3.9,3.12.8,3.12.9,4.3, 4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10, 10.1.2,10.2.6,11.1.3,11.3,12.2.2,12.2.4,13.3.13.5.2,14 Notice of Testing and Inspectlons ................ 13.5.1,13.5.2 Notice to Proceed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8.2.2 NoU.... Perml1s, Feee and .. ... 2.2.3,3.7,3.13,7.3.6.4,10.2.2 Observations, Architect's On-Site ................. 4.2.2,4.2.5, 4.3.6,9.4.2,9.5.1,9.10.1, 13.5 1.2.2,3.2.2 .. 9.6.6,9.8.1,9.9,11.3.11 . . . . . . .. 4.2.2,4.2.9,4.3.6, 9.4.2,9.8.2,9.9.2,9.10.1 On-Site Observations by the Architect. . . . . . . .. 4.2.2,4.2.5,4.3.6, 9.4.2,9.5.1,9.10.1, 13.5 2.3,3.9,4.3.7,7,8.2.2,11.3.9,12.1, 12.2,13.5.2,14.3.1 OWNER.. ........................................ 2 Owner, Definition of . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. 2.1 Owner, Information and Services Required of the. ....... 2.1.2, 2.2.4.3.4,6,9,10.1.4,11.2,11.3,13.5.1,14.1.1.5,14.1.3 Owner'sAuthorlty .. .. ... .. 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1, 7.3.1,8.2.2,9.3.1,9.3.2,11.4.1, 12.2.4, 13.5.2, 14,2, 14.3.1 Owner'sFlnancialCapabllity.. ............... 2.2.1,14.1.1.5 OWne~aL18blll1ylnsurance ... ............ 11.2 Owner's Loss of Use Insurance. . . . . . . . . . . . . . . . .' . . . . .. 11.3.3 Owner's Relationship with Subcontractors . ,... . ; . . .. 1.1.2, 5.2.1,5.4.1,9.6.4 Owner's Rightto Ca.rry Out the Work. . . . .. .. 2.4, 12.2.4, 14.2".2.2 OWne~aRlghlloCleanUp ................ 6.3 Observations, Contractor's. , . . . . Ckcupancy,. ,....... ,.... On.Sjte Inspections by the Architect .. Orders, Written .. . Owner'a Right 10 Perform ConslNcllon and 10 Aword S.".rate Con1nIcI8 .. . . . . . . . . ... 6.1 Owner'o RighI 10 Stop Ihe WOI1< ... 2.3,4.3.7 Owner's Rightto Suspend the Work.. .. ... 14.3 Owner's Right to Terminate the Contract. . . . . . . .. 14.2 Ownerohlp _ Use of Archllecl'a Drawings. SpecnlceUons and01herDocumen18. . . .. . .... 1.1.1,1.3,2.2.5,5.3 Parll8lOccupencyorUse .. 9.6.6,9,9,11.3.11 Palchlng.CUlUngand.................... .. 3.14,6.2.6 P8lenl8, Roysllle..nd .. .. .. .. .. .. . .. ... 3.17 Poymen1.AppIIceUonslor .......... 4.2.5,9.2,9,3,9.4, 9.5.1,9.8.3,9.10.1,9.10.3,9.10.4,14.2.4 Paymen1. Cerllltceleelor . . . . . . . . . .. 4.2.5,4.2.9,9.3.3,9,4,9.5, 9.6.1,9.6.6,9.7.1,9.8.3,9.10.1,9.10.3,13.7, 14.1.1.3, 14.2.4 PaymenI,Falluraol.......... 4.3.7,9.5.1.3, 9.7.9.10.2, 14.1.1.3, 14.2.1.2 Payment, Final .. .. 4.2.1,4.2.9,4.3.2,4.3.5,9.10,11.1.2, 11.1.3, 11.3.5, 12.3.1 PoymenlBond,Perlo"""nceBondand ...... ... 7.3.6.4, 9.10.3,11.3.9,11.4 Payments, Progress. . . . 4.3.4,9.3,9.6, 9.8.3,9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION .............. 9,14 Payments to Subcomractors ...... 5.4.2,9.5.1.3, 9.6.2,9.6.3,9.6.4,11.3.8,14.2.1.2 PCB.......... 10.1 Performance Bond and Payment Bond. . . . . . . . . 7.3.6.4, 9.10.3, 11.3.9, 11.4 Perml,.. Feea _ Nollces . . 2.2.3,3.7,3.13,7.3.6.4,10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl. . . 10.1 Product Data, Defmitlonof. .... ........ 3.12.2 ProdUclDaIa and Samples. Shop Drawings .... 3.11,3.12.4.2.7 ProgressandCompleUon ....... 4.2.2,4.3.4,8.2 Progress Paymenf8 ........... 4.3.4,9.3, 9.6.9.8.3,9.10.3, 13.6, 14.2.3 Projacl,Deftnitionofthe. .......... 1.1.4 ProfectManUIII, Definitlonofthe ..... 1.1.7 Project Manuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2.2.5 Project Representatives ............................. 4.2.10 Propertylnaurance ........................... 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY. . . . . . . . . . . .. 10 Regulations and Laws ............ 1.3,3.6,3.7,3.13,4.1.1,4.5.5, 4.5.7,10.2.2,11.1,11.3,13.1,13.4,13.5.1,13.5.2,13.6,14 Rejection of Work ...... . .. .... 3.5.1,4.2.6,12.2 ReleasesofWalversandLiens......................... 9.10.2 Representations......................... 1.2.2,3.5.1,3.12.7, 6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2,9.10.1 Representatives. '. . . . . . ... . ... . ... . ... 2.1.1,3.1.1,3.9, 4.1.1,4.2.1,4.2.10,5.1.1,5.1.2, 13.2.1 ResoluUonoIC18lmaandDl8pu1es.................. 4.4.4.5 Responsibility for Those Performing the Work. . , . . . . . . . .. 3.3.2, 4.2.3,6.1.3,6.2, 10 Relainage............... 9.3.I,9.6.2,9.8.3,9.9.I,9.1O.2,9.1O.3~ Revlew of Contrec1 Documen18 and FIeld Condlllonsby Con1rac1or .. . .. . . ... .. 1.2.2,3.2,3.7.3,3.12.7 Review of Contractor's Submittals by OwnerandArchltect ......... 3.10.1,3.10.2,3.11,3.12, 4.2.7,4.2.9,5.2.1,5.2.3,9.2,9.8.2 Review of Shop Drawings, Product Data andSamplesbyComractor........................ 3.12.5 Rlgh18andRemedles............. 1.1.2,2.3,2.4,3.5.1,3.15.2, 4.2.6,4.3.6,4.5,5.3,6.1,6.3,7.3.1,8.3.1,9.5.1,9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4. 14 Royal1lesand Pa1en18 ............................... 3.17 4 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDmON AlA. . @1987 TIfE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlk:ensed photocopyIng vtolates U.S. copyright laws and Is subject to legal prosecution. , . . Rul...ndNotlcesforAIt>It..Uon ..................... 4.5.2 SafetyoIPe..on..ndProparty... ................... 10.2 SafetyPNCauUonaandProg..ms ........... 4.2.3,4.2.7.10.1 Samples, Definition 01 .............................. 3.12.3 S.mp....ShopD..wlngs,ProductDela.nd ... 3.11,3.12,4.2.7 S.mplasallheSlte.Documenta.nd................... 3.11 Schedu..oIV.Iu............................... 9.2,9.3.1 Schedules,Construction...................... ...., 3.10 SeparateContractsandContraclors.......... 1.1.4,3.14.2,4.2.4, 4.5.5,6,11.3.7,12.1.2,12.2.5 ShopDrawings,Dermitionof......................... 3.12.1 Shop Drawing., Product Data.ndSarnplea . . .. 3.11,3.12,4.2.7 Slle.Ueeol.............................. 3.13,6.1.1,6.2.1 Site Inspections. . .1.2.2,3.3.4.4.2.2,4.2.9,4.3.6,9.8.2,9.10.1.13.5 Site Visits, Architect's . . 4.2.2,4.25,4.2.9.4.3.6, 9.4.2,9.5.1,9.8.2,9.9.2,9.10:1,13.5 Spec.iaHnspectionsandTesting... .. 4.2.6,12.2.1,13.5 SpecIflClltlona, Definitlonof the. ...................... 1.1.6 Speelllcallona, The 1.1.1,1.1.6,1.1.7,1.2.4,1.3,3.11 Stnutes of Limitations . . . . . . . . . . . . . . . . . . .. 4.5.4.2,12.2.6,13.7 Stopping the Work. 2.3,4.3.7,9.7,10.1.2,10.3,14.1 Stored Materials .... 6.2.1,9.3.2,10.2.1.2,11.3.1.4,12.2.4 Subcontractor, Definition of. ...................... 5.1.1 SUBCONTRACTORS............ ........ .......... 5 Subcontractors,Workby.. .....1.2.4,3.3.2,3.12.1, 4.2.3, 5.3, 5.4 Subcontractuo'Relatlona. . . .. 5.3,5.4,9.3.1.2,9.6.2. 9.6.3,9.6.4,10.2.1.11.3.7,11.3.8,14.1.1,14.2.1.2,14.3.2 Submittals.. 1.3,3.2.3,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,9.10.3.10.1.2.11.1.3 Subrogation, Wolversol... 6.1.1,11.3.5,11.3.7 Substantial Completion. . . . . . 4.2.9,4.3.5.2.8.1.1,8.1.3, 8.2.3,9.8,9.9.1, 12.2.1, 12.2.2, 13.7 Substantl2l. Completion, Defmition of. . . 9.8.1 Substitution of Subcontractors . . . . . 5.2.3,5.2.4 Substitution of the Architect .......... ........ 4.1.3 Substitutions of Materials ...................... 3.5.1 Sub-subcontractor, Definition of . . . . . . . . . . . . . . . . .. 5.1.2 Subsurface Conditions. . . . . . . . . . . . . . . . . . . . . . 4.3.6 SUCC8080.. .nd Aoslgna ........ .............. 13.2 Superintendent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.9. 10.2.6 Supervlalon and ConstNctIon Procedu.... . . . . .. 1.2.4,3.3,3.4, 4.2.3,4.3.4,6.1.3,6.2.4,7.1.3,7.3.4,8.2,8.3.1,10,12,14 Surely. ... ... . ... 4.4.1,4.4.4,5.4.1.2,9.10.2,9.10.3,14.2.2 Surety,Consentof............... . 9.9.1,9.10.2,9.10.3 Surveys.... ................. 2.2.2,3.18.3 . Suspenalon by the Owner lor Convenience .... . .. 14.3 Suspension of the Work ............. 4.3.7,5.4.2,14.1.1.4,14.3 Suspension or Termination of the Comract 4.3.7,5.4.1.1,14 Tax.. ............................... . . .. 3.6,7.3.6.4 Tennln.tlon by the Contractor ............ ... 14.1 TennlnaUonbytheOwnerforCauee............. 5.4.1.1,14.2 Termination of the Architect .. ........ 4.1.3 Termination of the Contractor. . . . . . . . . . . . . . . .. 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT .... 14 Teats.nd InapeeUon. ..... 3.3.3.4.2.6,4.2.9,9.4.2,12.2.1,13.5 TIME ...... ............................. ............8 Tlmo,Delaya.ndExtenalonaol.............. 4.3.8,7.2.1,8.3 TimeLimits,Speclfic......... 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1, 4.2.1,4.2.11,4.3,4.4,4.5,5.3.5.4,7.3.5,7.3.9,8.2, 9.2, 9.3.1, 9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2,11.1.3,11.3.6,11.3.10, 11.3.11,12.2.2,12.2.4,12.2.6, [3.7. 14 Time Lllnlts on Claim. . . 4.3.2,4.3.3.4.3.6,4.3.9,4.4,4.5 Title to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.3.2,9.3.3 UNCOVERING AND CORRECTION OF WORK .... 12 UncoveringolWoflc ... . ... 12.1 Unforeseen Conditions .. 4.3.6,8.3.1,10.1 Unit PrJces. . . .... .. .. 7.1.4,73.3.2 Use of Documents . 1.1.1,1.3,2.2.5,3.12.7,5.3 UeeolSlte ........ ........ 3.13,6.1.1,6.2.1 V.Iu.., Schedu" 01 ... .. .. .. ... 9.2,9.3.1 W.lverolCI.lms: Fln.IP.yment. . 4.3.5,4.5.1,9.10.3 Waiver ofCIaims by the Architect. . ......... 13.4.2 WaiverofCIaims by the Comractor. . 9.10.4,11.3.7,13.4.2 Waiver of Claims by the Owner. 4.3.5,4.5.1,9.9.3, 9.10.3.11.3.3, [1.3.5, 11.3.7. 13.4.2 Waiver of Liens. .... 9.10.2 Waivers of Subrogation. .. 6.1.1,11.3.5,11.3.7 Werranty and Warranties. . . . . . . . . . . . . . . .. 3.5,4.2.9, 4.3.5.3,9.3.3,9.8.2,9.9.1,12.2.2,13.7.1.3 Weather Delays. . . . . . . . . . . . . . .. 4.3.8.2 When Arbitration M.y Be Dem.nded . . . . . . . . . . . .. 4.5.4 Work, Definition of .. . . . .. . . . . . . . . . . . . . . .. 1.1.3 Written Consent. . . . . . . . 1.3.1,3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3. 10.1.2, 10.1.3, 11.3.1. 11.3.1.4, 11.3.11, 13.2, 13.4.2 WrJttenlnterpretations. ............. 4.2.11,4.2.12,4.3.7 W~llenNoUce ... . . .. 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4, 4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.[,9.7,9.10,10.1.2, 10.2.6,11.1.3,11.3,12.2.2,12.2.4.13.3,13.5.2,14 Written Orders. ... ................... 2.3,3.9,4.3.7, 7,8.2.2,11.3.9,12.1,12.2.13.5.2,14.3.1 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates u.s. copyright lawe and Is aubfect to legal prosecuUon. A201-1987 5 . . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 1.1.1 BASIC DEFINITIONS 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- C2tion is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enwnerated 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 THECONTRACT 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- lU2l relationship of any kind (I) between the Architect and Con-. tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons Ot 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 perfonnance of the Architect's duties. 1.1.3 THEWORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per. formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con. tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, genetally 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- ment, construction systems, scandards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled fot the Work which may include the bidding tequirements, sample forms, ConditIons of the Contract and SpeclfiC2tiOns. 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 sign 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- 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 Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as If requIred by all; petformance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus. try meanings are used in the Contract Documents in accord. ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Dtawings, SpeclfiC2tions and other documents prepared by the Architect are Instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may rel:ain one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or c1alm a copyright in the DrawIngs, SpecifiC2tions and other documents ptepared by the Architect, and un1ess otherwise indiC2ted the Architect shall be deemed the authot of them and will retain aU common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Speclfications 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 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subfect to legal 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 hear 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 coo- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those wWch are (1) specifically defined, (2) the titles of num- hered 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' I and ani~ des such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEANITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Docwnents 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 I 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 evidence were furnished on request prior to the execution of the Agreement, .ithe prospective contractor would not be required to execute the Agreement or to commence the Work.} 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Projed, and a legal description of the site. 2.2.3 Except for permits and fees which are1he responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, asse5S- . 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 respen. sibilities of the Owner enumerated herein and especially those in respect to Anicle 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article II (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or hy an agent specificaliy 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 Comract Documents and fails 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 promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven<lay period. If the Contractor within such second seven~ day period after receipt of such second notice fails to com* mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall he issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made n~cessary 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 amounts, the Contractor shall pay the;: difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEANITION 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. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA ~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying vIolates U.S. copyright laws and Is subject to legal prosecution. A201.1987 7 . 3.2 R~EW OF CONTRACT DOCUMENTS AND AELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall riot be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in me Contract Docwnents unless the Contractor recognized such error, inconsistency or omission and knowingly falled 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 shall take field measurements and verify field conditions and shall =efully 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 reponed to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 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, methods, techniques, sequences and procedures and for coordinating all ponions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents eilher by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection ofpor- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- mem, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4..2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor str.llI not permit employment of unfit persons or persons not skilled in tasks assigned to them. . 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materlals 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, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are 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 laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The - Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objoction. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and aU required taxes, less applicable trade discounts; 8 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA. . @I987THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is aubfect to legal prosecution. . .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and orner expenses contemplated for stated allowance :unounts 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 :unount of the Change Order shall reflect (I) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in ~ontractor'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 duringperfonnance 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- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Doaunents, 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- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare ond keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, In good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be ava1lable to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical ex:unples which illustrate materials, equipment or workmanship and establish standard.., by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, S:unples and similar sub- mittals are not Contract Documents. The purpose of their sub- mittal is to demonstrate for those portions of the Work for . which submittals are required the way the Contractor 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. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, S:unples 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 ron. 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 submi~tal 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 submittals, the Contractor represents that the Contractor has 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 relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the spedfic deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawing&, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional cenification of perfonnance criteria of materials, systems or equipment is required by the Contract DoctUOents, the Architect sha1l be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confme operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering suet. construction, or by excavation. The Contrac~ tor shall not cut or otherwise alter such construction by the AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. .FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 9 WARNING: Unlicensed photoeopylng violates U.S. copyright laws and Is subJect to legal prosecutlon. . Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 a.EANING UP 3.15.1 The Contractor shall keep the premises and surround- irig area free from accumulation of waste materials or rubbish caused by operations under the Contract, At completion of the Wark 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 falls to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular desJgn. 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 of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIRCA TION 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 attriburable to bodily injury. sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itselt) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omi5sions of the Contractor, a Subcontractor, anyone direcdy or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in pan by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 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 employed 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 limitatjon 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 shall not extend to the liability of the Architect, the Archi- . teet'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 Archjtect'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 jf 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 against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration, 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as descdbed in the Contract Documents, and will be the Owner's representative (1) duting construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para~ graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become genera1iy familiar with the progress and qualiry 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 exhaustive 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 responsibillty 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 wHl not be responsible for acts or omissions of the Con~ 10 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA. . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A YENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unflcensed photocopying violates US. copyright laws and fa subJect to Iegld prosecution. . tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Faclllt8tlng Contract Admlnlat.. tlon. Except as otherwise provided in the Contract Documents or when direct communications have been spedally autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority t() 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 wl1l have authority to require additional inspection or testing of the Work in accordance with Subparagtaphs 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 Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Dtawings, 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 iri the activities of the Owner, Contractor or separate contractors, while allowing suffident 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 Conttact Documents. The Architect's review of the Contractor's submit- tats shall not relieve the Contractor of the obligations under Paragtaphs 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 paragtaph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree. the Architect wl1l pro- vide one or more project representatives to assist in carrying . out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth 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 promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paiagraph 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 fonn 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 Declslon 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 final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or 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 Subpatagtaph 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 relatdr to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event 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. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTII EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 A201-1987 11 WARNING: Unlicensed photocopying violates U.S. copyiight Iaw8 and 18 subject to legal prosecution. . 4.3.4 Continuing Contract Perfoll1llll1Ce. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the ContractOr shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accord2nce with the Contract Documents. 4.3.5 Welver 01 Claims: Flnel Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from, .1 liens, Claims, security interests or encumbrances 3fis.. ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Docwnents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Clelms lor Conceeled or Unknown Condlttons. 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 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 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, perfonnance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. ]fthe 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 shall 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 referred to the Architect for initial deter~ mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims lor Addlttonsl Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangeting life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (I) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims lor Addltlonsl 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 shall 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. 4.3.8.2 If adverse weather conditions are the basis for a CIairn for additional time, such CIairn shall be documented by data . substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to 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 legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide 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 RESOLUTION OF ClAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt 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 (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 Claim has not been resolved, the party making the Claim shali, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the 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 fmal 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 resolving the controversy. 4.5 ARBITRATION 4.5.1 Controvel'8ie8 end CIelms Subject to Arbltrstlon. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice 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 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUcnON . FOURTEENTH EDITION AlAe . @1987THEAMERJCANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is 8UbJect to legal prosecution. . 4.5.2 Rules Bnd Notices lor AlbltrBtton. Claims between the Owner and Contractor not resolved under Parograph 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 Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be med in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, md a copy shall be med with the Architect. 4.5.3 Contract ParIonnBnce Duling ArbltrBlIon. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparograph 4.3.4. 4.5.4 When Albltration MBY 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 ded~ 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 cWm 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 f.tilure 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 decision 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 lilnits specified in Subparographs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Parograph 13.7. 4.5.5 UmllBlIon on Col1BOlldllllon or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants. except by written consent containing specific reference to the Agree- ment and signed by the ArcWtect, 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 Anicle 6 and other persons substantiaJly 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 Anicle 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 foee. 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 A8BerlIon 01 Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party falls 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 AWBI'd. 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 thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subeontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout 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 perform a ponion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a, Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish 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 due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 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 increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person -or entity previously selected if the Owner or Architect makes reasonable objection to such change. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONsTRUcnON . FOURTEENTH EDITION AlAe. @1987THEAMERICANINSTITUTF.OFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 13 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is sublect to legad prosecution. . 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor. by these Docu- ments, asswnes toward the Owner and Architect. Each subcon~ tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Wark 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 be bound, and, upon written request of the Subcontractor, identify to the Subcontractor tenns 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 CONsmUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate 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 including those portions related to insurance and waiver of subrogation, If the Contoctor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else. where in the Contract Documents. 6.1.2 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 Docdrnents 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 shail 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 Conttactor 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--Docwnents, 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, including, without excluding others, those stated in Artide 3, this Artide 6 and Artides 10, It 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 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.11f a dispute arises among the Contractor, separate con- tractors and the Owner as to the res{Xlnsibility 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 dean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe. @19B7THEAMERICANINSTITUTEOFARCHITECTS, 173SNEW YORK AVENUE, N,W" WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright IaIN8 and Is subject to legal prosecution. . . . ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Wotk truly be accomplished aftet execu- tion afthe 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 Ordet shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and mayor may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by tbe Architect alone. 7.1.3 Changes in the WOtk shall be petformed 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 ]f unit prices are stated in the Comract 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 Contract 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 Subp:ll:lgraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Wotk and stating a proposed basis fot adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Swn 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 Contract Documents or sub- sequently agteed 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 ptOvided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall ptOmptly 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 detennining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be tecorded as a Change Otdet. 7.3.6 If the ContractOt does not respond ptomptly Ot disagrees with the method for adjustment in the Contract Sum, the method and the adjusunem shall be determined by the Archi- teet on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Comractot shall keep and ptesent, 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 Subparagt:lph 7.3.6 shall be limited to the following, .1 costs of labor, induding 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, pennit fees, and sales, use or similar taxes related to the Work; and .5 additional 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 deerease in the Contract Sum shall be actual net cost as con. ftcmed 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 do not agree with the adjustment in Contract Time or the method for determihing it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter. mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree. ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AlA DOCUMENT A.201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 15 WARNING: Unlicensed photocopyklg violates U.S. copyright lews and 18 eubtect to legal prosecution. . 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 Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial 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 cenified 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 Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confrrms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article II to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DElAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work. or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may Justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shalt 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 Contract Documents. . ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractot 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 Archited may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPUCA TIONS 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 supponed by such data substantiating the Contractor's right to payment as the Owner or Archited may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for eJsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfadory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contrador warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment aU Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials 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 the 16 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. iOURTI!ENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS. ]735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyrfghllaws and Is subject to legal pn>aecutlon. . 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 Architecl. 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 of a 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 means, 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 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, 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 to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot 2gCee on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party clahns flied or reasonable evidence indicat- Ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, 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 contractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated dam"lles for the anticlp'Jted delay; or .7 persistent failure to carry out the Wark in accordance with the Contract Documents. . 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's 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-subcontractors in similar manner, 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to payor to see to the paym~nt of money to a Subcontractor except as may otherwise be required by law, 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 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. 9.7 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- tifted by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Swn 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. 9.8 SUBSTANTIAl COMPlETION 9.8.1 Substantial Completion is the srage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utHize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, ora 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 promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITJON AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS, t 735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006 A201-1987 17 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to tegaI prosecution. . nated portion thereof Is substanrlally complere. If the Architect's inspection discloses any item, whether or not induded on the Contractor's list, which is not in accordance with the requirements aCthe Contract Docwnents, 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:md Contractor for security, 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 wdtten accep- tance of responsibilities assigned. to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Docwneots. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed porrlon of the Work at any stage when such ponlon Is designated by separate agreement with the Comrac- tor, provided such occupancy or use is consented to by the Insurer as required under Subparagraph 11.3.11 and authorized by public authorities 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 writing the responsibilities assigned to each of them for payments, retainage 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 md submit a list to the Architect as provided under Subparagraph 9.8.2. Consem of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, parcial occupancy or use afa portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work Is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make . such Inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fuIIy per- formed, the Architect will promptly issue a fIna1 Cerrlficate 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. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remauung retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a cerrlficate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to fIna1 paymem 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 release 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 remains unsatisfied after payments are made, the Contractor shall refund to the Owner :aU 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, fIna1 com- pletion thereof Is materia11y delayed through no fault of the Contractor or by issuance of Change Orders affecting fIna1 completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Comract, make payment of the balance due for that porrlon of the Work fuIIy completed and accepted. If the remaining balance for Work not fuIIy com- pleted or corrected Is less than retainage 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 tenns and conditions governing final payment, except that it shall not constitute a waiver of cia1ms. The making of fIna1 payment shall . constitute a waiver 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 cia1ms by that payee except those previously made In writing and identified by that payee as unsettled at the time of fIna1 Application for Payment. Such waivers shall be In addition to the waiver described In Subparagraph 4.3.5. 18 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTIf EDmON AlA* . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.$. copyrlght laws and Is subject to lega' 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 material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not heen 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 he 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 polychlori- nated 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 perfonn 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 out 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 as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may he 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 .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relo- cation or replacement in the course of construction. . 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, 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. 10.2.5 The Contractor shall prompdy remedy damage and loss (other than damage or Joss 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 he liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of 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 site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre. vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall he determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S UABIUTY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below V/I:tich 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 simiIar employee benefit acts whicb are applicable to the Work to he performed; AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 19 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subJect to legal prosecution. . .2 cWms for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liabiliry coverage which are sustalned (I) 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- eny, including loss of use resulting therefrom; .6 ciaints for damages because of bodily injury, death of a person or property damage arisJng out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 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 fY.lyment and termination of any covemge required to be main- talned after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shail be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Par2gf2ph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insuldIlce coverages are requJred 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 shail be furnished by the Contractor with reasonable prompmess in accordance with the Contractor's information and belief. 11.2 OWNER'S LIAIIlUTY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and malntaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and malntaining this optional 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 maintain, in a company or compar}ies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons amj entities who are beneficiaries of such insurance, until fmal payment has been made as 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 indude interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11.3.1.1 Property insurance shail be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal induding demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 lfthe Owner does nor 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- subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to 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 properry 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- ments, 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 the Work in transit.1 11.3.2 Boller and Machinery Insurance. The Owner shail 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 flnal acceptance by the Owner; this insurance shall indude interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Wark, and the Owner and Contractor shall be n~ed insureds. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against Joss 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 for loss of use of the Owner's propeny, induding 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 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe. @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNtNG: Unlicensed photocopying violates u.s. copyright..... and 10 oubjocI to IogoI pn>88CUIion. . 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 if 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 dutiog the construction period, the Owner shall waive all tights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property Insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall fIle with the Contractor a copy of each policy that inciudes 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 shall 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 walve all tights against (I) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Articie 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for danrages 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 insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property Insurance shall be 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 lega1ly 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 properperfonnance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award jp. 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 Joss 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 arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com~ panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and th'e 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 tight to require the Contrac- tor to furnish bonds covering faithful performailce of the Con~ tract and payment of obligations arising thereunder as stipu~ iated in bidding requitements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered 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 has been covered which the Architect has not specifically requested to observe prior to its being covered, the Archltect may request to see such Work and it shall be uncovered by the Contracto!. If such Work is in accordance with the Contract Documents, costs of uncover- ing and repiacement 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 the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed 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 dite AlA DOQJMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMER1CANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 A201.1987 21 WARNING: Unlicensed photocopying violates u.s. copyright laws and Is subject to legal prosecutfon. . for commencement of warranties established under Sub- panl8raph 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 pedod of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the pedod of time between Substan- tial Completion and the acttial performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termlnation 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 nOf 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 Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this PanI8raph 12.2 shall be con- strued to establish a pedod of limitation with respeClto other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time pedod of one year as descdbed 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 panners, 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 Wdtten notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mall to the last business address known 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 constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having judsdlction 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 authodty, anf! shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations 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.\, the Architect will, upon wdtten 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 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe. @1987THEAMERlCANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unllcen8ed photocopying violates U.$. copyright laws and Is subject to legal prosecution. . 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. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con~ tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the panies 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 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations sha1l commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantlal CompleUon end Rnal CertJfl. cate for Payment. As to acts or failures to act occur~ ring subsequent to the relevant date of Substantial Completion and prior to issuance of the fina1 Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Cer1lflcete for Peyment. As to acts or failures to act occurring after the relevant date of issu- ance of the fmal Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of 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 last. . ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract If the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing 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 goverrunent, such as a declaration of national emergency I 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 constltute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-<1ay period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon me Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of me above reasons exists, the Contractor may, upon seven addition41 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. 14.1.3 If the Work is stopped for a period of 60 days through . no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress.of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or 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 Comractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise js guilty of substantial breach of a provision of the COntract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Archit~ct that sufficient cause exists to jus- AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERlCANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON,D.C. 20006 A201-1987 23 WARNING: Unlicensed photocopying violates U.S. copyright laws and Ie subject to legal prosecution. . tify such actioo, may without prejudice to any other rights or remedies of the Owner and after giving the Conrracror 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. finish 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 fmished. 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 balance, the Contractor shall pay the difference to the . Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, 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 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 detennine. 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 perfonnance, 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 Contracror iB 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 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDtTION AlA- . @1967THEAMERICANINSTlTUTEOFARCHITECTs, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed p/1oIocopyIng violates u.s. copyright laws _Is sufJjeclID legal prosecution. 3/87 . . SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions ofthat Article, paragraph, subparagraph, or clause shall remain in effect. . ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual.including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: no The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $ 100,000. TENNIS COURT RECONSTRUCTION & RESTORATION F-1 . . .2 Comprehensive General Liability (Including Premises _ Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $ 1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate. .3 Comprehensive Automobile Liability (owned, non-owned, hired): a. Bodily Injury: $ 1,000,000 Each Person $ 1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: TENNIS COURT RECONSTRUCTION & RESTORATION F-2 PAYROLL CERTIFICATION FORM . . (lltle' (N.- of .Ignatory plU'ty) do hereby state: 1. That I pay or supervise the payment of the persons employed by 00 the (ContnlctorOl Sub COntrKtor) : that during the payroll period commencJng (PToject 0( Work) on the day of , ~, and ending the day of , ~. all persons employed on said project have been paid the full weekly wages earned (ueapt.. notM Column 10. front of fonni. that no rebates have been or will be made ~ther directly or Indirectly to or on behalf of said contractor, from the full weekly wage. earned by any person and the! (ConnctororlkJb..C.l. "'ACtl:It) no deductions have been made either directly or indirectly from the full wages earned by any person other than pennlssible deductions as defined by Regulations issued by the New York State Department of Labor. If any wages are unpaid, as reported In Column 10 on the front of this form, explain below: 2. That any payrolls otherwise under this contnct required to be submitted for the above period .... correct and complete; that the wage rates for laborers. mechanic, journeymen. skilled and seml..kllltd laborer and apprentices contained therein .... not less than the applicable wage rates contained In any wage determination Incorporated Into the contract; that the clanlflcation. set forth therein for each laborer, mechanle, Journeymen, aldlled and .eml..IdUed laborer and apprentice conform wtth work he performed. 3. That any apprentices employed In the above period are duly regtstered In I bona fide apprenticeship program reglattred with a State apprenticeship agency recognized by the New York Bureay of Apprenticeship and Training, Depamnent of Labor and Industry. 4. That: (.~ WHERE FRINGE BENEFlES ARE PAID TO APPROVED PlANS, FUNDS OR PROGRAMS In addition to the basic hoqrty wage rates paid to each laborer, mechanic, journeyman, .ldlled and seml...ldlled laborer and [J apprentice listed In the above referenced payroll, paymenb of fringe benefits as listed In the contract have been orwW be made to appropriate programs for the benefit of such .m~oyee. except as noted In Section 4 (c) below. (b). WHERE FRINGE BENEFIES ARE PAID IN CASH Each laborer, Mechanlc,.Joumeymen, skllJed and seml...kllfed laborer and apprtntlce listed In the above referenced parroU [J has been pakl, as Indicated on the JNIYI'OU, an amount not I... thIIn the sum of the ap~lcable basic hourly wage rate plus the amount of the required fringe benefits .. listed In the contract, except as noted In Section 4 ec) below; (e). EXCEPTIONS . EXCEPTION (CRAFT) EXl'LANA11ON ReMARKS: I NAME....TITI.., I"'NATURE' The willful falsification of any of the above statements m8J subject the contractor or sub-contnlctor to civil or crimlnaJ prosecution. TAKEN, SWORN AND SUBSCRlBEO BEFORE ME, (NOTARY & SEAL) THIS OF DAY A.D. 20----, TENNIS COURT RECONSTRUCTION & RESTORATION G -1 PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS (for Contractor and Sub-Contractor's use for Weekly and Final Certification) Name of o Contractor or, 0 Sub..contractor: Address of Contractor or Sub-Contractor: Date Wage Due & Paid: Telephone No. Week Ending or Final Certification Project Name & Location: Prevailing Wage Serial Number: Agency Project Number. 0 1. 2. 3. ,..: .4. DAY AND DATE 5. 6. 7. 8. 9. 10. 'Ii ~. Ul S MIT WIT FI S DEDUCTIONS NET Name, Address and lH Work ~ GROSS WAGE AMOUNTS 0 I T T TOTAL RATE WlTH- TOTAL Social Security Number Classification HOURS OF PA~ AMOUNT FICA HOLDING STATE DEDUC- PAID FOR UNPAID of Employee 8;; . ,..: z!!f~ 0 HOURS WORKED EACH DAY EARNED TAX TIONS WEEK 0 S 0 S - 0 S 0 S 0 S 0 S 0 S 0 S 0 S NEW YORK STATE DEPARTMENT OF LABOR PREVAILING WAGE DMSION C\l (9 -z o f- ~ o f- CI) W 0:: oI:S Z o f- () ::J 0:: f- CI) Z o () W 0:: f- 0:: ::J o () ~ z z W f- . . PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for Reconstruction & Resurfacina of Two Tennis Courts at FISHERS ISLAND Town of Southold New York State Department of Labor wage rates Apply to this specification as if they were fully incorporated herein. TENNIS COURT RECONSTRUCTION & RESTORATION H -1 . . COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS A. STATE REGULATIONS: 1. 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. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin In employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. B. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permi.t 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, drinking 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 periods) 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): TENNIS COURT RECONSTRUCTION & RESTORATION M -1 . . 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000 - which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national 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 payor 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 informatio"n and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders ofthe Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order ofthe Secretary of Labor, or as otherwise provided by law. TENNIS COURT RECONSTRUCTION & RESTORATION M -2 . . (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: 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." 3. 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-1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (Iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be 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) ofthis 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 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 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. TENNIS COURT RECONSTRUCTION & RESTORATION M -3 . . 1-12.805.4 Reports and Other Reauired Information (b) Requirements for bidders or prospective contractors. (1) 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 EqualEmployment 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: (2) "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. (2) 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.1 0925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) 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. TENNIS COURT RECONSTRUCTION & RESTORATION M -4 . . . . ( d) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENT STANDARDS A. 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. B. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of ~ hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1- 1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act Is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or 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. TENNIS COURT RECONSTRUCTION & RESTORATION M -5 . , . . C. Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Sub-grantee 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 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. D. Contracts and sub-grants 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. E. 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. F. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. G. 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. H. All contracts and sub-grants 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 sub-grantee 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 sub-grantees and to assure that suspected or reported violations are promptly investigated. TENNIS COURT RECONSTRUCTION & RESTORATION M -6 . , . . COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 ofthe Labor Law, the contractor's attention is directed to the following requirements: 1. 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 anyone calendar day or more than five days in anyone week except in the emergencies set forth in the Labor Law. 2. Section 220.3 which requires a provision that each laborer, workman or mechanic empioyed 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. 3. 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. 4. 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. 5. 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 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; TENNIS COURT RECONSTRUCTION & RESTORATION M -7 , . . . (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. 6. The aforesaid provisions of Section 22008 which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. 7. 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. 8. Section 222.a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be Installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, Including Public authorities, must include In each contract paragraphs ( c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12,1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No.1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. TENNIS COURT RECONSTRUCTION & RESTORATION M -8 . , . . f!:Qject Specifications Section 1010 - SUMMARY OF WORK Part 1 - GENERAL 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: A. The work in this project includes the restoration and reconstruction of two (2), Town of South old tennis courts. 1. Project Location: Fishers Island (See the Aerial photograph enclosed for exact location.) 2. Owner: Town of Southold. B. Architect Identification: The Contract Documents, dated June 13, 2005, were prepared by the Office of the Engineer for the Town of Southold. C. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred there from. D. This contract includes all travel and material deliveries to and from Fishers Island. E. This contract includes all site work necessary for the completion of work. END OF SECTION TENNIS COURT RECONSTRUCTION & RESTORATION 1010-1 . . . . Section 1420 - REFERENCES Part 1 - GENERAL 1.01 DEFINITIONS: A. General: Basic Contract definitions are included in the Conditions of the Contract. B. "Approved": When used to convey Architect's action of Contractors submittals, applications, and requests. C. "Directed": A command or instruction by Architect. Other terms including "requested," "selected," "approved," "required," " and "permitted" have the same meaning as "directed." D. "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Othe terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "Indicated." E. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, application, installation, and similar operations. F. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. G. "Provide": Furnish and Install, complete and ready for the intended use. H. "Installer": Contractor or other entity engaged by Contractor as an employee, or Subcontractor, to perform a particular construction operation, including installation, erection, application and similar operations. I. "Experienced": When Used with an entity, "experienced" means having successfully completed previous projects similar in size and scope to this project; being familiar with special requirements indicated; and having complied with requirement of authorities having jurisdiction. J. "Project Site": Space available for performing construction activities. TENNIS COURT RECONSTRUCTION & RESTORATION 1420-1 . . . . 1.02 INDUSTRY STANDARDS: A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Minimum Quantity of Quality Levels: All installations or applications of specified materials shall be installed as per manufacturers installation guidelines and minimum specifications. C. Copies of Standards: Each entity engaged in construction of Project must be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. Where copies of such standards are needed to perform the required construction activity, obtain copies directly from the product manufacturer and make them available upon request. END OF SECTION TENNIS COURT RECONSTRUCTION & RESTORATION 1420-2 . . Section 2500 - ASPHALT PAVEMENT RESTORATION Part 1 - GENERAL 1.01 SITE ACCESS: A. The contractor shall be responsible for all transportation, material delivery and site access to and from Fishers Island. B. Storage of materials and equipment may be kept on site or at the Highway maintenance facilities located approximately .5 miles from the project site. All stored materials and equipment shall be the sole responsibility of the Contractor and the Town of South old will not be responsible for damage. 1.02 DESCRIPTION: A. Provide all site preparation work as required to complete the project in a successful manner. Limits of work under this contract shall include the entire site. B. Any and all noticeable cracks in the existing court systems shall be treated and repaired with Armor Crack Repair System. C. Each court shall receive a two-color finish system as mfg. by Deco Color with "red" off court areas and "green" court areas. 1.03 QUALITY ASSURANCE: A. Contractor Qualifications: A Contractor shall have a minimum of five (5) years experience in the application and refinishing of Tennis Court Color Systems. . Part 2 - PRODUCTS 2.01 MATERIALS: A. ARMOR Crack Repair System (1-877-992-7667) or equal. Material specifications and product literature must be submitted with the Contractors bid for any "or equal" product. TENNIS COURT RECONSTRUCTION & RESTORATION 2500-1 , I . . Part 3 - EXECUTION 3.01 PROTECTION OF PROJECT CONDITIONS: A. Minimize interference with adjoining Streets, Roads, Adjacent Property and other Works to remain during Project. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from the Town of Southold. B. Each existing crack shall be thoroughly cleaned of all dirt, vegetation, debris and other deleterious materials prior to patching with the Armor Crack Repair System. C. Approximately 1,000 lineal feet of cracks shall be treated with the Armor Crack Repair System. All applications of the Armor Crack Repair System shall meet the minimum specifications required by the manufacturer. END OF SECTION TENNIS COURT RECONSTRUCTION & RESTORATION 2500-2 . . . . Section 2700 - COURT RESURFACING & PAVEMENT MARKINGS Part 1 - GENERAL 1.01 DESCRIPTION: A. The Contractor shall provide a two-color finish system on each court as mfg. by Deco Color with "red" off court areas and "green" court areas. (Similar to existing court # 2, See Aerial Photo SP - 2) Part 2 - PRODUCTS 2.01 MATERIALS: A. Acrylic Resurfacer with silica sand. B. Deco Color Resurfacing System or equal. Material specifications and product literature must be submitted with the Contractors bid for any "or equal" product. Part 3 - EXECUTION 3.01 PREPARATION OF EXISTING SURFACES: A. After proper drying time of crack repair, all surfaces shall be cleaned of all debris and dust prior to application of new court surfaces. B. New Court Resurfacing of both courts shall consist of the following steps: 1. Apply one coat of Acrylic Resurfacer with Silica Sand to each Court. 2. After the first coat of Resurfacer has dried completely, apply a second coat of Acrylic Resurfacer with Silica Sand to each Court. 3. After the second coat of Resurfacer has dried completely, apply one coat of Deco Color Paint with Silica Sand with "red" off court areas and "green" court areas. 4. After the first coat of Paint has dried, apply the second coat of Deco Color Paint (without silica sand) with "red" off court areas and "green" court areas. 5. All playing lines shall be installed to each court following U.S.TA specifications & standards. C. Contractor shall re-install tennis court nets and posts as supplied by the Town of Southold. END OF SECTION TENNIS COURT RECONSTRUCTION & RESTORATION 2700-1 .. ~ I D- en o ~ II . .... a; '3 III I- o w o ~ a.. ~ ;:) o o !!2 z z W l- e z ~ !!2 en ~ w :J: en ii: '/ . b ... II . ... CD ~ III I- (,) W .., ~ D- b: ::J o (,) en Z z W l- e z :3 ~ en Ix: w :I: en u:: . . Town of Southhold, NY June 22, 2005 Re: Tennis Court Bid Opiton # 1- Armor Crack- 2 year warranty- 2 Tennis Courts Repair 1000 l.f of Cracks with the Armor Crack Repair System. This will include a 2 year warranty. Repair all low spots to 65% improvement Paint with 2 Coats of acrylic color- same as existing Layout and paint lines. Price: $33,000 Option # 2- Premier Court- 15 Year Warranty Install the 15 Year warranty Premier Court to 2 Tennis Courts. Prepare court surface with patch binder and fill all cracks. Paint with three coats of paint. Install new net posts and footings to area. Price: $64,000 For additional information, please call me if you have any questions. I look forward to meeting with you.. Hinding Sealcoa1:ing & Recreational Surfacing, LLC 90 Wildrose Avenue, Guilford, C1: 06437 Tel: (203) 453-4117. Fax: (203) 453-3236 ~D~ .......- MEMIlfJl ..,~. ASSOCIATION ~ - 10 WILDROSE AVE. GUILFORD, CT 06437 ~ t~; " fj)' " \If'tl 1f:1<P ~\ ~~ ,CP ~~/~ . _IEFl COUll"" ,\, ~1. '., I I -r' ( OW"" .:.t- S"J.v.-,^"lct S-:.",~"'o\cA TO",,,", c~ 5..:> "- """ '" ,,' ~ \\).V '" ~" (Y\\A\"-> ~. '::,.)v~"'Q\~\ N.~, \\(1:11 <}~I05POs~ II t?~~~ :2' I~- '':> -PI, . . . 02 1P $ 0 0002524867 JU~ . . MAILED FROM ZIP C' rIilACTlf'W-paw! A..1.;u.........1~u"n;r,lruJss NoVdf,.ari ~!!!~~~~t!:. ~ C..II.. "1.11" _l~"lqul-, i oj '::j7i .....=!.=!-=i "II,,,} 'I _.:. - . -. - -."'&s.tmAuSYI'II.s. ., . ~".-""> .,~ ,'." Invitation to Bid RICII_dll and Rlllrllclll of Twl TIIIII Gllns at Fishers Island Town of Southold FISHERS ISLAND, NEW YORK Date: June 13, 2005 ~\UfFOL~ ~ r-~ . ~~~ ~. ~~~ I!,!;; SOUTHOLD TOWN ENGINEERING DEPARTMENT SPUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD . . INVITATION TO BID PROJECT: The reconstruction and resurfacing of Two Tennis Courts located on Fishers Island. The Town Board of the Town of Southold will receive bids for fumishing all materials and equipment as specified in the bid documents for the reconstruction and resurfacing of two existing Tennis Courts on Fishers Island all in accordance with the Drawings & Specifications contained herein. Bids will be received at the office of the South old Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 30th Day ,lune Month 20illi.. Year All specifications are provided herein: drawings "Aerial Photographs" to be attached. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Please advise if you intend to bid or not. Dated: .June 7 , ?005 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk TENNIS COURT RECONSTRUCTION & RESTORATION A-1 . . INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all Labor, materials, plant, equipment, tools or other facilities, & to supply all materials in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated in these specifications. B. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. C. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. D. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. TENNIS COURT RECONSTRUCTION & RESTORATION B-1 . . The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract as stipulated herein. E. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. F. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal having interlineations, erasure or corrections may be rejected. H. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a .duly authorized representative shall so appear, and execute six (6) copies of the Contract within 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 LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within two weeks of signed contracts, or the date stipulated in the notice to proceed given to him by the Town of Southold. END OF SECTION TENNIS COURT RECONSTRUCTION & RESTORATION B-2 . . INDEX TO SPECIFICATIONS COVER SHEET BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form Statement of Non-Collusion A - 1 through A - 1 B-1 through B-2 C - 1 through C - 1 D - 1 through D - 2 E - 1 through E - 1 GENERAL CONDITIONS AlA General Conditions Supplementary General Conditions Payroll Certification forms Prevailing Wage Rates Compliance with the labor law & Other Dept. of labor Regulations AlA Document # A201 F - 1 through F - 2 G - 1 through G - 2 H - 1 through H - 1 M - 1 through M -8 CONSTRUCTION SPECIFICATIONS Summary of Work References Asphalt Pavement Restoration Court Resurfacing & Pavement Markings Section 01010 Section 01420 Section 02500 Section 02700 AERIAL PHOTOGRAPHS SP - 1 SP - 2 SITE lOCATION REFERENCE PLAN - Scale: 1" = 200' TENNIS COURT PLAN - Scale: 1" = 30' TENNIS COURT RECONSTRUCTION & RESTORATION C - 1 . . PROPOSAL FORM Date: f:,/Z'f /0> , . NAME of BIDDER: .:fg'J As.pkH YQ!UJq+;Il'f. ;Ir)c-. -' Telephone: 72'2- 'f786 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: June 13, 2005, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work for: Reconstruction and Resurfacing of Two Tennis Courts on Fishers Island. and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, South old Town Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: TENNIS COURT RECONSTRUCTION & RESTORATION D - 1 . . GENERAL CONSTRUCTION FOR FISHERS ISLAND TENNIS COURT REPAIR; CONTRACTOR SHALL PROVIDE THE RESTORATION, REPAIR, RECONSTRUCTION AND RESURFACING OF TWO EXISTING ASPHALT TENNIS COURTS IN ACCORCANCE WITH THE PLANS AND SPECIFICATIONS. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS NECESSARY FOR THE RECONSTRUCTION & RESURFACING AS REQUIRED TO PROVIDE A COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: """<"+1,- Ei1h+ T~Ol.\S<ll\d (written n words) , 2.8', 000. (written In numbers) And he further agrees that ifthis proposal shall be accepted by the Town and thatif he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him atthe address given in the proposal, that he shall be considered to have abandoned the contract. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number: Dated: Signature ~ 1:74 of Bidder: - m. ~ Telephone LI. Number: 1J3/-1"l.2--,7t{, Date: & fu /05 , . Bidders Address: I Z"1 13rcMi ,411('. f{,'v.uA~. eL, 1v'.Y. 1/ 1() I TENNIS COURT RECONSTRUCTION & RESTORATION D-2 . . SJATEMEt,lT OF NON-COLL,USION (To be completed by each Bidder) In accordance with Section 103-d General MunicJpal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision ofthe State of any public department, agency, or official thereof orto 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 ,!ach person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at Independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained In this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being appllcabie 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 -:J"",-€ S -"'1. Bf" ~. of the J-g.5 Asphl/ f- <:.pq I C('tt..(.r09.. "];.c. be (Name of signatory) (Name of Corpora\iOn) authorized to sign and submit the bid or proposal of this corporation for the following Project: Reconstruction and Resurfacing of Two Tennis Courts on Fishers Island. and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-cl (103-cl) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the ~8 +ft day of J IA'l-e , 20..25..... (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d. as amended & effective on September 1, 1965. rrn~ . Signature TENNIS COURT RECONSTRUCTION & RESTORATION E -1 THE AMERICA . INS TIT UTE eF ARCHITECTS I AlA Document A201 General Conditions of the Contract for Construction TH[S DOCUMENT HAS [MPORTANT LEGAL CONSEQUENCES; CONSULTATION W[TH AN ATTORNEY [S ENCOURAGED W[TH RESPECT TO [TS MOD[F[CATlON 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13. MISCELLANEOUS PROVISIONS 7. CHANGES IN THE WORK 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been apptoved and endorsed by the Associated General ConttaClors of Amedca. Copyright 1911.1915,1918,1925,1937,1951,1958, 1961,1%3,1966, 1967,1970, 1976,@1987byTheAmerican1nstitu,eofArcW'ects, 1735 New Yor~Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein ors~bstantia.l quotation ofits provisions ~Ithout written permission of the AlA violates the copyright laws of the United States and will be subject to leg:d prosecutions. _. m CAUTION: You should use an original AlA document which has this caution printed In red. II.IiIiI An original assures that changes will not be obscured as may occur when documents are reproduced. .AlA DOCUMENT.A201 . GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006- A201-1987 1 WARNING: Unllc:enHd ph~ng viol.... U.S. copyrlght _ end Ie subject to I8geI_on. . AcceptanceoINonconlormlngWOfk......... 9.6.6,9.9.3,12.3 AccepranceofWork .. ... 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 AccesotoWOfk........................... 3.16,6.2.1,12.1 Accident Prevention. . . . . . . . . . . . . . . . . . . . . . . . , . .. 4.2.3,10 ActsandOmissloos ... 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, 4.3.9,8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Addenw......... ...........1.1.1,3.11 Additional Cost, Claims for. . .. . . . .. 4.3.6,4.3.7,4.3.9.6,1.1,10.3 AdditionallnspectlonsandTesting....... 4.2.6.9.8.2,12.2,1,13.5 Addlrlonal Time, C;1a1ms 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 Advenisement or Invitation to Bid ...................... 1.1.1 Aesthetic Effect. . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. 4.2.]3.4.5.1 Allowa........ .......... ............ 3.6 All.risklnsurance. . . .. ..... . . ... .... ..... .. .. .. ... 11.3.1.1 Applications lor Payment 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, 9.8.3,9.10.1,9.10.3,9.10.4,11.1.3,14.2.4 Approvals 2.4,3.3.3,3.5,3.10.2,3.12.4 through 3.12.8, 3.18.3, 4.2.7,9.3.2,11.3.1.4,13.4.2,13.5 ArbltraUon . . 4.1.4,4.3.2,4.3.4,4.4.4.4.5, 8.3.1,10.1.2,11.3.9,11.3.10 Architect.. ......... ......4.1 Architect, Definitionaf. . .. ... ... 4.1.1 Architect, Extent of Authority. . . .. 2.4,3.12.6,4.2,4.3.2,4.3.6, 4.4.5.2,6.3,7.1.2,7.2.1,7.3.6,7.4,9.2,9.3.1, 9.4,9.5,9.6.3,9.8.2,9.8.3,9.10.1,9.10.3,12.1,12.2.1. 13.5.1.13.5.2,14.2.2,14.2.4 Architect, Limitations of Authority and Responsibility. 3.3.3,3.12.8, 3.12.11.4.1.2,4.2.1,4.2.2,4.2.3,4.2.6,4.2.7, 4.2.10, 4.2.12, 4.2.13,4.3.2,5.2.1,7.4,9.4.2,9.6.4,9.6.6 Architect's Additional Services and Expenses. . . 2.4,9.8.2, 11.3.1.1,12.2.1.12.2.4,13.5.2,13.5.3,14.2.4' Archltact'a Admlnlatratlon ollhe Contract ........ .. 4.2,4.3.6, 4.3.7, 4.4, 9.4, 9.5 Archirect'sApprovals 2.4.3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 Architect's Authority to Reject Work . . .. 3.5.1,4.2.6,12.1.2,12,2.1 Acchitect'sCopyright ............ ..... .............,.. 1.3 Architect'sDecisions. . . .. , . . .. 4.2.6,4,2.7,4.2.11,4.2.12,4.2,13, 4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1, 9.2,9.4,9.5.1,9.8.2.9.9.1,10.1.2,13.5.2, 14.2.2, 14.2.4 Architect'sInspections . .. . . . . . . .. 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, 9.9.2,9.10.1, 13.5 Architect's Instructions .. 4.2.6,4.2.7,4,2.8,4.3.7,7.4.1,12.1,13.5.2 Architect's Interpretations, ..... ....... 4.2.11,4.2.12,4.3.7 Architect's On~Site Observations, . . . . . .. 4.2.2,4.2.5,4.3.6,9.4.2, 9.5.1,9.10.1,13.5 Architect's Project Representative .................,... 4.2,10 Architect's Relationship with Contractor ....... 1.1,2,3.2.1,3.2.2, 3.3.3,3.5.1,3.7.3.3.11,3.12.8,3.12.11.3.16,3.18, 4.2.3, 4.2.4, 4.2.6,4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7,12.1,13.5 Architect's Relationship with Subcontractors. . .. 1,1.2,4.2.3,4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect's Representations ................. 9.4.2,9,5.1,9.10,1 Architect's Site Visits. 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, 9.8.2,9.9.2,9.10.1, 13.5 Asbestos . . . . . . . . . , . . . . . . . . . . . . . . . . .. 10.1 Attorneys'Fees. ......... 3.18,1,9.10.2,10.1.4 Award of Separate Contracts. ...........,.............. 6.1.1 Awerd 01 Subeontracta end Other Contra.1I for PortIonsoltheWor1<.............................. 5.2 Beale DeIlnltlona. .. .. .. . .. . .. .. .. . . . .. .. .. .. .. .. '" 1.1 BlddJngRequirements................ 1.1.1,1.1.7,5.2.1,11.4.1 Boller and Machinery lnaurance .............. ."':..... 11.3.2 Bonds, Lien. ..... . ,........ ,. .. .... .. .... ........ 9,10.2 Bonds, Perform2l1ce and Payment. , . .. 7.3.6.4,9,10.3,11.3.9, 11.4 . INDEX Building Permit ...........,...........,. 3.7.1 CapItaIIzaUon........................ 1.4 Certificate of Substantial Completion. . . . . . . . . . . . . . . . . . ., 9.8.2 Certlflcataa lor Payment. . . . . .. 4.2.5.4.2.9,9.3.3,9.4,9.5,9.6.1, 9.6.6.9.7.1,9.8.3,9.10.1,9.10.3,13.7, 14.1.1.3, 14.2.4 CenJticatesofInspection, Testing or Approval ... 3.12.11,13.5.4 CenJticatesofInsurance ... . .. ... .. . .. ..., 9.3.2,9.10.2,11.1.3 ChangeOrde......... 1.1.1.2.4.1,3.8.2.4.3.11,4.2.8,4.3.3,5.2.3, 7.1,7.2,7.3.2,8.3.1,9.3.1.1,9.10.3,11.3.1.2, 11.3.4,11.3.9,12.1.2 .... 7.2.1 ........................ 7.1 3.11,4.2.8,7,8.3.1,9.3.1.1,10.1.3 ........ 4.3.1 . .. 4.3,4.4,4.5,6.2.5,8.3.2, 9.3.1.2,9.3.3,9.10.4, 10.1.4 Clalma and Timely Aaaertlon 01 CIalme .. . . . . . . . . . .. 4.5.6 ClalmaforAddltlonel Coat. . . . . . .. 4.3.6,4.3.7,4.3.9,6.1.1,10.3 Clalmalor Additional TIme . . . . . . . . . . .. 4.3.6,4.3.8,4.3.9,8.3.2 Clalma lor Concealad or Unknown Conditione. . . . . .. 4.3.6 Cl2irns for Damages. . .3.18, 4.3.9, 6.1.1. 6.2.5, 8.3.2, 9.5.1.2,10.1.4 Claims Subject to Arbitration. 4.3.2,4.4.4,4.5.1 Cle8nIngUp ................................... 3.15,6.3 CommencementolSlltutoryLlmltaUonPeriod .......... 13.7 Commencement of the Work, Conditions Relating [0 . 2.1.2, 2.2.1,3.2.1,3.2.2,3.7.1,3.10.1,3.12.6,4.3.7,5.2.1, 6.2.2,8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Commencement of the Work,Definition of . ".. 8.1.2 Communications Facilitating Contract Administration....... .... .,. 3.9.1,4,2.4,5.2.1 Completion,ConditionsRelatingto.... 3,11,3.15,4.2.2,4.2.9, 4.3.2,9.4.2,9.8,9.9.1,9.10,11.3.5,12.2.2,13.7.1 COMPLETION,PAYMENTsAND..... .......... 9 Completion, SuhsIantial. . . . . 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, 9.8,9.9.1,12.2.2, 13.7 Compliance with Laws. . . . .. 1.3,3.6,3.7,3.13,4.1.1,10.2.2,11.1, 11.3.13.1,13.5.1.13.5.2,13.6,14.1.1,14.2.1.3 Concealed or Unknown Conditions. . . . , . . . . . . . , . . . . . . .. 4.3.6 Conditions of the Contract ............ ... 1.1.1,1.1.7,6.1.1 Consent, Written. ..... .. ,. .. .... ,. 1.3.1,3.12.8,3.14.2,4.1.2, 4.3.4,4.5.5.9.3.2,9.8.2,9.9.1,9,10.2,9.10.3.10.1.2.10.1.3, 11.3.1,11.3.1.4,11.3.11,13.2,13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS.............................. 1.1.4,6 ConstructionChangeDlrective,Definitionof.........,.... 7.3.1 ConstNctIonChengeDll'1IC\lvea .... 1.1.1,4.2.8,7.1,7.3,9.3.1.1 Construction Schedules, Contractor's ............... 3.10,6.1.3 ConUngent Aaalgnment 01 Subcontracta . . . . . .. 5.4 ConUnulng Contract Performance .. . . . . . . . . . . . . . .. 4.3.4 Contract,Definitionof............ ...... 1.1.2 CONTRACT, TERMINATION OR SUSPENSIONOFTHE .................. 4.3.7,5.4.1.1,14 Contract Administration. . . . . . . . . . . . . . . . . . . .. 3.3.3,4,9.4,9.5 ContractAwardandExecution,ConditionsRelatingto...,.. 3.7.1, 3.10,5.2,9.2,11.1.3,11.3.6,11.4.1 Contract Documents, The ..... . . .. . .. . .. .. .. .... 1.1,1.2,7 Contract Documents, Copies Furnished and Use of. .. 1.3,2.2.5, 5.3 ContractDocuments,Dc::finitionof ..................... 1.1.1 ContractPerformanceDuringArbitration............ 4.3.4,4.5.3 ContractSum. . . . . . . . . . . . . . . . . .. 3.8,4.3.6,4.3.7,4.4.4.5.2.3, 6.1.3,7.2,7.3,9.1,9.7,11.3.1,12.2.4,12.3,14.2.4 Contract Sum, Definition of. ........................... 9.1 Contract Time ................. 4.3.6.4.3.8,4.4.4,7.2.1.3,7.3, 8.2.1.8.3.1.9.7,12.1.1 ContractTime,Deflnltlono~.....................,.... 8.1.1 Change Orders, Definition of . . . Chengea......... <.......... CHANGES IN THE WORK .... Cl2irn. DeIlnltlon of. . . Clalma and Dlaputaa . . . . . . . . 2 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying vIoJate8 U.S. copyright laws and 18 subject to legal prosecution. . CONTRACTOR.. ... . . .... .. .. . . .. ...... ... ... .... .... 3 Contcactor,Deflnltlonof .......... .,.,............. 3.1,6.1.2 COntractor's Bid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1.1 Conlrllclor'sCOnstruCUOnSChedules............. 3.10,6.1.3 Contractor's Employees. . . . '," 3.3.2,3.4,.2,3.8.1,3.9.3.18,4.2.3, 4.2.6,8.1.2,10.2, 10.3, 11.1.1, 14.2.1.1 COntrsclOr'sLlsblll1ylnsurance....................... 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, 3.18.1,3.18.2,5.2,5.3,5.4,9.6.2,11.3.7,11.3.8,14.2.1.2 Contractoc'sRelationshipwiththeArchitect ..,. 1.1.2,3.2.1,3.2.2, 3.3.3,3.5.1,3.7.3,3.11,3.12.83.16,3.18,4.2.3, 4.2:4, 4.2.6, 4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7,12.1,13.5 COntractor's Representations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Contractor's Responsibility for Those Performing the Work. . . . . . . . . . . . . . . .. 3.3.2,3.18,4.2.3,10 Contractor's Review of Contract Documents. . . . .. 1.2.2,3.2,3.7.3 Contractoc's Right to Stop the Work .... '".............. 9.7 Contractor'slUghttoTerminatetheConuact .............. 14.1 Contractor'sSubmittals ....... 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2, 9.10.3,10.1.2,11.4.2,11.4.3 COntractor's Superintendent. . . . . . . . . . . . .. 3.9, 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 COfi(ractuaJ Liability Insurance. . . .. 11.1.1.7, 11.2.1 CoorclinationandCorrelation ............... 1.2.2,1.2.4,3.3.1, 3.10,3.12.7,6.1.3,6.2.1 Copies FumishedofDtawings and Specifications ... 1.3,2.2.5,3.11 COrrection of Work .. ..... 2.3,2.4,4.2.1,9,8.2, 9.9.1,12.1.2, 12.2, 13.7.1.3 Cost,Definltlonof ............................ 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, 6.1.1,6.2.3,6.3,7.3.3.3,7.3.6,7.3.7,9.7,9.8.2, 9.10.2, 11.3.1.2, 11.3.1.3,11.3.4,11.3.9,12.1,12.2.1,12.2.4,12.2.5,13.5,14 CutUngsndP8tchlng........................... 3.14,6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4,9.5.1.5,10.2.1.2,10.2.5,10.3,11.1,11.3,12.2.5 D:uruoge to the Work. . . .. 3.14.2,9.9.1,10.2.1.2,10.2.5,10.3,11.3 D:nnages, Claims for.. 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, m1.4 D2I1lages for Delay. ................... 6.1.1,8.3.3,9.5.1.6,9.7 Date of Commencement of the Work, Definition of .. ... 8.1.2 Date of Substantial Completion, Definition of. ............. 8.1.3 Day, Definition of. .... ... .. . .. . .. . ... . ... .. ... . .... 8.1.4 Decisions of the Architect . 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3, 8.3.1, 9.2, 9.4,9.5.1,9.8.2,9.9.1,10.1.2, 13.5.2, 14.2.2, 14.2.4 DeclslonsloWllhhoklCel1lflCllUon .......... 9.5,9.7,14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of . , . . . .. . . . .. 2.3,2.4,3.5.1,4;2.1, 4.2.6,4.3.5,9.5.2,9.8.2,9.9.1,10.2.5,12,13.7.1.3 Defective Work, Definition of . . . . . . . . . . . . . . . . . . . . . . . .. 3.5.1 DefinItions. ... .. 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1 De18y8and Exlenslonso1Tlme'. ......... 4.3.1,4.3.8.1,4.3.8.2, 6.1.1,6.2.3,7.2.1,7.3.1,7.3.4,7.3.5,7.3.8, 7.3.9,8.1.1,8.3,10.3.1,14.1.1.4 Disputes............ 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2 Documents and Samples atthe Site ...................... 3.11 Drawings, Definition of . . . . . . . . . . . . , . . . .. . . . . . . . . . . .. 1.1.5 Drawings and Specifications, Use and Ownership-ef. .... 1.1.1,.1.3, 2.2.5,3.11,5.3 Duty to Review Contract Documents and Field Conditions. . . .. 3.2 Effective DateofInsurance ...................... 8.2.2,11.1.2 . Emetllenctee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.3.7,10.3 Employees, Contractor's .. ... 3.3.2,3.4.2,3.8.1,3.9,3.18.1, 3.18.2,4.2.3,4.2.6,8.1.2,10.2,10.3,11.1.1,14.2.1.1 Equipment, Labor, Materials and .......... 1.1.3,1.1.6,3.4,3.5.1, 3.8.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7, 6.2.1,7.3.6,9.3.2,9.3.3,11.3,12.2.4,14 Execution and Progress of the Work ....... 1.1.3,1.2.3,3.2,3.4.1, 3.5.1,4.2.2,4.2.3,4.3.4,4.3.8,6.2.2,7.1.3, 7.3.9,8.2,8.3,9.5,9.9.1, 10.2, 14.2, 14.3 Execution, eorre'-Uon and Intent of the Contract Documents . ...... ... ..... ....... .... 1.2,3.7.1 EXlenslonsofTime . ... ... ... . .. 4.3.1,4.3.8,7.2.1.3,8.3,10.3.1 FaJIureofPayment by Contractor .............. 9.5.1.3,14.2.1.2 FaUureofPaymentbyOwner ........... 4.3.7,9.7,14.1.3 Faulty Work (See Defective or Nonconforming Work) FlnslComplelfonsndFlnslPsymenl ..... 4.2.1,4.2.9,4.3.2, 4.3.5,9.10,11.1.2,11.1.3,11.3.5,12.3.1,13.7 Financial Arrangements, Owner's. . . . . . . . . . .. 2.2.1 Fire and Extended Coverage Insurance . . . . . . . . . 11.3 GENERAL PROVISIONS.. ........ ............... 1 GovemlngLsw ........ .. 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials ............... .......... 10.1,10.2.4 Identification of Contract Documents ..... .......... 1.2.1 IdentificationofSubcolltractors and Suppliers ......... 5.2.1 Indemnlflcllllon....... 3.17,3.18,9.10.2,10.1.4,11.3.1.2,11.3.7 Inlonnallon snd Servtces Required of the Owner. .... 2.1.2,2.2, 4.3.4,6.1.3,6.1.4,6.2.6,9.3.2,9.6.1,9.6.4,9.8.3,9.9.2, 9.10.3,10.1.4,11.2,11.3,13.5.1,13.5.2 Injury or Do""'ge to Person or Property . . . . . . . . . . . . . . .. 4.3.9 Inspections......................... 3.3.3,3.3.4,3.7.1,4.2.2, 4.2.6,4.2.9,4.3.6,9.4.2,9.8.2,9.9.2,9.10.1,13.5 Instructions to Bidders .............................. 1.1.1 Instructions to the Contractor . . .. 3.8.1,4.2.8,5.2.1,7,12.1,13.5.2 Insurance....... 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2,11 Insurance, Boller snd Machinery .................... 11.3.2 Insurance, Contrsctor's Ll8bnl1y . . . . . . . . . . . . .. 11.1 Insurance, Effective Date of . .... . ... .... .... .... 8.2.2,11.1.2 Inaursnce,LoasofUse............................. 11.3.3 lnaursnce, Owner's Ll8bnl1y. ....... ................ 11.2 Insurance, Property................. .... 10.2.5,11.3 Insurance:,StoredMaterials .................... 9.3.2,11.3.1.4 INSURANCEANDBONDS ............................. 11 Insurance: CompanIes, Consent to Partial Occupancy . .9.9.1, 11.3.11 Insurance Companies, Settlement with. . . . . . . . . . . . . . . .. 11.3.10 Intent of the Contract Documents ................ 1.2.3.3.12.4, 4.2.6.4.2.7,4.2.12,4.2.13,7.4. Inleresl.......... ......................13.6 Inlerpr8tsUon. . . . . 1.2.5.1.4,1.5,4.1.1,4.3.1,5.1,6.1.2,8.1.4 Interpretations, Written. ... . ... . ....... .. 4.2.11,4.2.12,4.3.7 Joinder and Consolidation of Claims Required ............. 4.5.6 JudgmentonFlnsIAw8rd................ 4.5.1,4.5.4.1,4.5.7 Lsborsnd Msterisla, Equipment. . .. 1.1.3,1.1.6,3.4,3.5.1,3:8.2, 3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1, 4.2.7,6.2.1,7.3.6,9.3.2,9.3.3, 12.2.4, 14 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, 9.9.1,10.2.2,11.1,11.3,13.1,13.4,13.5.1,13.5.2,13.6 Uens " .. ........ .. .. .. 2.1.2,4.3.2,4.3.5.1,8.2.2,9.3.3,9.10.2 LlmllsUon on Consolidation or Joinder . . . . . . . . . .. 4.5.5 Limitations, Statutes of . ... .............. 4.5.4.2,12.2.6,13.7 LlmltationsofAuthority.. . ... .... ... ..... .. 3.3.1,4.1.2,4.2.1, 4.2.3,4.2.7,4.2.10,5.2.2,5.2.4,7.4,11.3.10 AlA DOCUMENT A201 . GENERAL CONDmONS OF THE CONTRACT FOR CONSTRUCTION. fOURTEENlH EDITION AlAe> . @1987THEAMERlCANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photOGOpYlng vlotate8 U.S. copyright laws and Is 8ubJect to legal prosecution. A201-1987 3 . LimltationsofLlability . .... 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.11, 3.17,3.18,4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.10.4, 10.1.4,10.2.5,11.1.2, [1.2.1, 11.3.7, 13.4.2, 13.5.2 Limitations of Time, General.. . .. 2.2.1,2.2.4,3.2.1,3.7.3, 3.8.2,3.10,3.12.5,3.[5.1,4.2.1,4.2.7,4.2.11,4.3.2, 4.3.3,4.3.4,4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 5.2.3,6.2.4, 7.3.4, 7.4, 8.2,9.5,9.6.2,9.8,9.9,9.10,11.1.3,11.3.1,11.3.2,11.3.5, 11.3.6,12.2.1,12.2.2,13.5,13.7 Limitations of Tlme, Specific ...... ... 2.1.2,2.2.1,2.4,3.10,3.11, 3.15.1,4.2.1,4.2.11,4.3,4.4,4.5,5.3,5.4,7.3.5,7.3.9,8.2, 9.2,9.3.1,9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2,11.1.3,11.3.6, 11.3.10,11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 LossolUaelneurance ........................... 11.3.3 MaterlalSuppliers.... 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1, 9.3.1,9.3.1.2,9.3.3,9.4.2,9.6.5,9.10.4 Materials, Hazardous. . . . . . 10.1,10.2.4 Materials,Labor,Equipmemand... 1.1.3,1.1.6,3.4,3.5.1,3.8.2, 3.12.2,3.12.3,3.12.7,3.[2.11,3.13,3.15.1,4.2.7,6.2.1, 7.3.6,9.3.2, 9.3.3, 12.2.4, 14 Means, Methods, Techniques, Sequences and Procedurc::sofConstruction. . . . . .. . " 3.3.1,4.2.3,4.2.7,9.4.2 MInor Changes In the Worl<. . 1.1.1,4.2.8,4.3.7,7.1,7.4 MISCELLANEOUS PROVISIONS. . . . . . . . . . . . . . . . . .. 13 Modifications, Deflnitionof . . ... . ... .. . .. 1.1.1 ModiticationstotheContrac[ ........ 1.1.1,1.1.2,3.7.3,3.11, 4.1.2,4.2.1,5.2.3,7,8.3.1,9.7 MulU.1 Ruponslblllly .. .. .. .. .. .. .. . .. .. .. .... 6.2 Nonconforming Work, Acceplance 01 . . . . . . . . . . . . . . . . .. 12.3 NonconformingWork,RejectionandCorrectionof........ 2.3.1, 4.3.5,9.5.2,9.8.2, 12, 13.7.1.3. Notice. ... .. .. ... 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8, 3.12.9,3.17,4.3,4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1, 9.5.1,9.6.1,9.7,9.10,10.1.2,10.2.6,11.1.3,11.3,12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14 Nollc., Written ...... 2.3,2.4,3.9,3.12.8,3.12.9,4.3, 4.4.4,4.5,5.2.[,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10, 10.1.2,10.2.6,11.1.3,11.3,12.2.2,12.2.4,13.3,13.5.2,14 Notice of Testing and Inspections ................ 13.5.1,13.5.2 Notice to Proceed. .... ........................ 8.2.2 No1fceo, Pennl1s, Feeo.nd ..... 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 Observations, Architect's On-Site ....... . . . . . . . .. 4.2.2,4.2.5, 4.3.6,9.4.2,9.5.1,9.10.1, 13.5 .. .. .. .. .. .. .. .. .... 1.2.2,3.2.2 .... 9.6.6,9.8.1,9.9,11.3.11 . . . . . . . . .. 4.2.2,4.2.9,4.3.6, 9.4.2,9.8.2,9.9.2,9.10.1 On-Site Observations by the Architect. . . . . 4.2.2,4.2.5,4.3.6, 9.4.2,9.5.1,9.10.[, 13.5 2.3,3.9,4.3.7,7,8.2.2,11.3.9,12.[, 12.2, 13.5.2, 14.3.1 OWNER.... .....................2 Owner, DefInition of . . . . . . . . . . . . . . . . . . . . . . .. 2.1 Owner. Information .nd Servlceo Required oItha. . . . . . .. 2.1.2, 2.2. 4.3.4,6,9, 10.1.4, 11.2, 11.3, 13.5.1, 14.1.1.5, 14.1.3 Owner's Authority ......... 3.8.1,4.1.3,4.2.9, 5.2.1, 5.2.4, 5.4.1, 7.3.1,8.2.2,9.3.[,9.3.2,11.4.1,12.2.4,13.5.2, [4.2, 14.3.1 Owner's Financial Capability ........... .... 2.2.1,14.1.1.5 OWner'.Llebllllylnsurance .......................... 11.2 Owner's Loss of Use Insurance ..................... 11.3.3 Owner's Relationship with Subcontractors ...... .~..,.... 1.1.2, 5.2.1,5.4.1,9.6.4 Owner's Right to Carry Out the:: Work. . . . . . .. 2.4,12.2.4,14.2.2.2 Owner'. Rlghlto CleenUp ......................... 6.3 Observations, Contractor's. . . Occupancy............ .. On-Site:: Inspections by the Architect Orders, Written .. . OWnsr's Righi to Perfonn ConstNctlon .nd to Aw.rd SlpIrale Con1nlcl8 . . . . . . 6.1 OWnor'. Rlghl10 Slop the Work. . . . . . . . . 2.3.4.3.7 Owner's Rightto Suspend the Wotk'. . . . . . . . . . . . . 14.3 Owner's Right to Terminate the Contract. . . . . . . . . . .. 14.2 Ownerehlp _ U.. 01 Archltec1'. Drawings, Speclflcotlono .ndOtherDocumonl8.... ....... 1.1.1,1.3,2.2.5,5.3 Portl.1 Occuponcy or U.e ... . . . .. 9.6.6,9.9. 11.3.11 P.tchlng. Culllng.nd . .. . . .... 3.14.6.2.6 P.t.n18. RoyoIIlee.nd ....... .. .. .. ... 3.17 Poymerrt. Appllc8Uons for . . . . . . . . . .. 4.2.5,9.2,9.3,9.4, 9.5.1,9.8.3,9.10.1,9.10.3,9.10.4,14.2.4 P.yment. Certlftc8le8lor. . .. . . . .. 4.2.5,4.2.9,9.3.3,9.4,9.5, 9.6.1,9.6.6,9.7.1,9.8.3,9.10.[,9.10.3, [3.7, 14.1.1.3, 14.2.4 p.ym.nt, F.llure 01. . 4.3.7,9.5.1.3, 9.7.9.10.2, 14.1.1.3, 14.2.1.2 Payment, Final. . 4.2.1,4.2.9,4.3.2,4.3.5,9.10,11.1.2, 11.1.3,11.3.5,12.3.1 P.ymen1 Bond, Perlonn.nce Bond.nd . 7.3.6.4, 9.10.3,11.3.9,11.4 Payments, Progress. . . . .. . . . . . . . . . . . . . . . . . . .. 4.3.4,9.3,9.6, 9.8.3,9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION ............ 9.14 PaymentsloSubcontraclors...... ..... 5.4.2,9.5.1.3, 9.6.2,9.6.3,9.6.4, 11.3.8, [4.2.1.2 PCB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10.1 Performance Bond and Payment Bond. . . . . . . . . . . . .. 7.3.6.4, 9.10.3, [1.3.9,11.4 P.nnll8.Feeo.ndNoUceo....... 2.2.3,3.7,3.13,7.3.6.4,10.2.2 PERSONS AND PROPERTY. PROTECTION OF .. 10 Polychlorinated Biphenyl . . . . . . . . . . . . .. lO.t Product Data, DefinitIon of. ..... 3.12.2 ProducIDot..ndSomp....Shop Drawlngo ... 3.11,3.12.4.2.7 Prog......ndCOmpletlon .. . 4.2.2,4.3.4,8.2 Prog..... P.ymenl8 . . . . . . . . . . . . . . . . . . 4.3.4,9.3, 9.6,9.8.3,9.10.3, 13.6, [4.2.3 Project, DefinJtionofthe......... ... 1.1.4 ProfectManual, Definition of the .. ..... ... . . .... ...... 1.1.7 Project Manua.Js . . . . . . . . . . . . . . . . . . . . . . .. 2.2.5 Project Representatives . . . . . . . . . . . . . . . . .. 4.2.10 Propertylneurance .... .... .. .. . . .. 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY. . . . . . . . . . . .. 10 RegulationsandLaws ............ 1.3,3.6,3.7,3.13,4.1.1,4.5.5, 4.5.7,10.2.2,11.1,11.3, [3.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Rejection of Work .......... 3.5.1,4.2.6,12.2 ReleasesofWaiversandLiens......................... 9.10.2 Representations....... ... .... . ..... ..... 1.2.2,3.5.1,3.12.7, 6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2,9.10.1 Representatives.......................... 2.1.1,3.1.1,3.9, 4.1.1,4.2.1,4.2.10,5.1.1,5.1.2,13.2.1 R880lutlon 01 Clolmo and Dispute. . . . . . . . . . . . . . . . .. 4.4,4.5 Responsibility for Those Performing the Work. . , . . . . . . . .. 3.3.2, 4.2.3, 6.1.3, 6.2, 10 Retainage....... ... 9.3.1,9.6.2,9.8.3,9.9.[,9.10.2,9.10.3. Review of Contract Documents and Field COndlllonsbyContractor.. 1.2.2,3.2,3.7.3,3.12.7 Review of Contractor's Submittals by Owner and Architect ... ..... 3.10.1.3.10.2.3.11,3.12, 4.2.7,4.2.9,5.2.1,5.2.3,9.2,9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor ........................ 3.12.5 Rlghls.ndR8III8d1eo........... 1.1.2,2.3,2.4,3.5.1,3.15.2, 4.2.6,4.3.6,4.5,5.3,6.1,6.3,7.3.1,8.3.1,9.5.[, 9.7,10.2.5, 10.3,12.2.2, 12.2.4,13.4. 14 Royo_.ndP.lenl8..................... ... 3.17 4 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. fOURTEENTH EDITION AlA. . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopyIng vtolates U.S. copyright laws and Is subfect to legal prosecution. . Ru....ndN_forArbltration ..................... 4.5.2 Safety of P.raonsond Property. . . . . . . . . . . . . . . .. 10.2 Saf8lyProcoutlon.ondPrograms ........... 4.2.3,4.2.7.10.1 Samples,Definitionof .............................. 3.12.3 Sempl.., Shop Drawlngo, ProduclDe18.nd '" 3.11,3.12,4.2.7 Somploo.tthoSlte,Documonto.nd................... 3.11 Schedule of V.lues . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9.2, 9.3.1 Schedules, Construction... ... .. .. .. . . ... . .. .. ... . . ... 3.10 Separate ContractS and Contractors. . . . . . . . .. 1.1.4,3.14.2,4.2.4, 4.5.5,6, 11.3.7, 12.1.2, 12.2.5 ShopDJ:2wings.Deflnltionof......... ........... 3.12.1 ShopDrow\ngs,ProductD818.ndSomples.... 3.11,3.12,4.2.7 Slt.,Useof.............................. 3.13,6.1.1.6.2.1 Site Inspections. . .1.2.2,3.3.4,4.2.2,4.2.9,4.3.6,9.8.2,9.10.1,13.5 Site Visits, Architect's. . . . . . . . . . . . 4.2.2,42.5,4.2.9,4.3.6, 9.4.2,9.5.1,9.8.2,9.9.2,9.10.1,13.5 SpecialInspectlonsandTestlng ...... 4.2.6,12.2.1,13.5 Specifications, Definition of the. . . . . . 1.1.6 Spoctflcatlons, Th........... 1.1.1,1.1.6,1.1.7,1.2.4,1.3,3.11 Statutes of Limitations . .. . ..... ... .. ... 4.5.4.2,12.2.6,13.7 Stoppln8theWork............. 2.3,4.3.7,9.7,10.1.2,10.3,14.1 Stored Materials .. .. 6.2.1,9.3.2,10.2.1.2,11.3.1.4,12.2.4 Subcontractor, Definitlon of. ........ 5.1.1 SUBCONTRACTORS.. .. .. .. .. . .. .. .. . .. 5 Subcontractors, Work by. . 1.2.4,3.3.2,3.12.1, 4.2.3, 5.3, 5.4 Subcontroetuol R.lsUons . 5.3, 5.4, 9.3.1.2, 9.6.2, 9.6.3,9.6.4,10.2.1,11.3.7,11.3.8,14.1.1,14.2.1.2,14.3.2 Submittals.. . .. 1.3,3.2.3,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,11.1.3 Subrogation, WoIv.raof.......... 6.1.1,11.3.5,11.3.7 SubstsntIolCOmpl.UOn.......... 4.2.9,4.3.5.2,8.I.I,a.1.3, 8.2.3,9.9,9.9.1,12.2.1,12.2.2,13.7 Substantial Completion, Definition of. . . . . . . . . . 9.8.1 Substitution of Subcontractors . . . . . . . . .. 5.2.3,5.2.4 SubstltutionoftheArchitect....... 4.1.3 Substitutions of Materials . ..... . .. .... . . 3.5.1 Sub-subcontractor, DefinJtionof . .. . . .. . .. . . .. .... ... 5.1.2 Subsurface Conditions. . . . . . . . . . . . . . . . . . " 4.3.6 Succeooora .nd A80Igns ............... .. .. ".. 13.2 Superintendent. . . . . . . . . . . . . . . . . . . . . . . . 3.9,10.2.6 SuporvlolonondConotructlonProceduras ...... 1.2.4,3.3,3.4, 4.2.3,4.3.4,6.1.3,6.2.4,7.1.3,7.3,4,8.2,8.3.1,10,12, 14 Surety. . . . . . . . . . . . . .. 4.4.1,4.4.4,5.4.1.2,9.10.2,9.10.3,14.2.2 Surety,Consentof....................... 9.9.1,9.10.2,9.10.3 Surveys..... ................. 2.2.2,3.18.3 . Suspension by tho Owner for COnv.nlence ............. 14.3 SuspensionoftheWork ............. 4.3.7,5.4.2,14.1.1.4,14.3 Suspeosion or Termination of the Contract 4.3.7,5.4.1.1,14 Tax.. ...................................... 3.6,7.3.6.4 TormlnsUon by tho Contractor ............... ... 14.1 T.rmln.Uon by tho OwnsrforCouse. .... 5.4.1.1,14.2 Termination of the Architect .. . . . .... .. . . . ... .. .. 4.1.3 Termination of the Contractor. . . . . . . . . . . . . . . . . 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Testsondlnspoctlons ..... 3.3.3,4.2.6,4.2.9,9.4.2,12.2.1,13.5 TIME.................................... ..... 8 Tim., D.lays..nd Exlenolons of .............. 4.3.8,7.2.1,8.3 TlmeLlmlts,Speclfic......... 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1, 4.2.1,4.2.11,4.3,4.4,4.5,5.3,5.4,7.3.5,7.3.9,8.2, 9.2, 9.3.1, 9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2,11.1.3,11.3.6,11.3.10, 11.3.11,12.2.2,12.2.4,12.2.6,13.7,14 Tim. Limite on Claims. . . . . . . .. 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5 T1tletoWork.. ...................... 9.3.2,9.3.3 UNCOVERINGANOCORRECTIONOFWORK .. 12 Uncov.r1ngofWOIt<.. ......... ......12.1 Unforeseen Conditions ........ 4.3.6,8.3.1,10.1 Unit Prices. . . . . . .. . .. ... . .. . . .. 7.1.4,73.3.2 Use of Documents . 1.1.1, 1.3,2.2.5,3.12.7, S.3 U..ofSlte ...... 3.13,6.1.1,6.2.1 V.Iu",Seheduloof ....... 9.2,9.3.1 W.lv.r of CI.lms: Fln.1 P.yment . 4.3.5, 4.5.1,9.10.3 Waiver of Claims by the Architect. ........ 13.4.2 Waiver of Claims by the Comractor. .... .. 9.10.4,11.3.7,13.4.2 Waiver of Claims by the Owner ....... 4.3.5,4.5.1,9.9.3, 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2 W:;uverofLiens. ........... ........ 9.10.2 Waivers of Subrogation. 6.1.1,11.3.5,11.3.7 Warranty and W:arranties. . . . . .. 3.5,4.2.9, 4.3.5.3,9.3.3,9.8.2,9.9.1, 12.2.2, 13.7.1.3 Weather Deb.ys . ........ ..... 4.3.8.2 When ArbltraUon M.y Be Demanded .. . . . . . . . . . . . . .. 4.5.4 Work, Defmition of . . . . . . . . . . . . . . . . . . . .. 1.1.3 WrlttettConsent.............. 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4, 4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3, 10.1.2, 10.1.3, 11.3.1,11.3.1.4,11.3.11,13.2,13.4.2 Written Intecpretations ................... 4.2.11,4.2.12,4.3.7 WrlU.nNoUce ... .... 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4, 4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10,10.1.2, 10.2.6,11.1.3,11.3,12.2.2,12.2.4,13.3,13.5.2,14 Written Orders. . . . . . . . . . . . . . 2.3.3.9,4.3.7, 7,8.2.2,11.3.9,12.1,12.2,13.5.2,14.3.1 AJA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photoGopylng vlotates U.S. copyright laws end 18 subject to legal proeecut:lon. A201-1987 5 . . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DERNITIONS 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 Modlfi- cation is (1) a written amenthnent to the Conttact signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, 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 of any kind (1) between the Architect and Con-_ tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance' of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations_ The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic 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- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume 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 sign 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- 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 Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple. mentary, and what is required by one shall be as binding as if required by aU; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Conttact 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, SPEClRCATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub. subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and wilt retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted. for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and othet documents prepared by the Architect, and copies thereof furnished to the Conttac- 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 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA. . @1987 THE AMERICAN [NSTlTUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright lawe and Is subJect to legal 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 Pear 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 CCOM nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPIT AUZA TION 1.4.1 Terms capitalized in these General Conditions Include those which are (1) speclfically 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- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shaD 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, usuaUy 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 fulftIi the Owner's obligations under the Contract.INote: Unless such reasonable evidence were furnished on request prior to tbe execution of tbe Agreement, 'itbe prospective contractor would not be required to execute the Agreement or to commence the Work.} 2.2.2 The Owner shaH furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which ace1:he responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- . 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 Documeril's, 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 especialIy those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently faiJs 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 fails within a seven.day period after receipt of written notice from the Owner to commence and continue corre'ction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such 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 appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, induding 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- teet. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified 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, AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT POR CONSTRUcnON . FOURTEENTH EDITION AlAe. @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D,C. 20006 A201-1987 7 WARNING, Unlicensed photocopyIng vIolates U.S. copyrtghllaw8 ond fa oubjoct to 10g01 pn>oecullon. . 3.2 RI;VIEW OF CONTRACT DOCUMENTS AND AELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omJssions 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 falled 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 shall take field measurements and verjfy 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 Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 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, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspectiOns or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter. mine that such portions are in proper condition to receive sub. sequent Work. 3.4 LABOR AND MATERIAlS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip. ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor str.tll not permit employment of unfit persons or persons not skilled in tasks assigned to them. . 3.5 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, induding 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, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are 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 laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Docwnents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall ptomptly notify the Architect and Owner in writing, and necessary changes shaII be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws. statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable: objoction. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTIf EDITION AlA. . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying vtolates US. copyright I8w8 and Is aubfect to ktgal prosecution. . .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (I) the difference between actual cosrs 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 rhe Work. The superinren- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if glven to the Con- tractor. Important communications shall be confirmed in writ. ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con. tract, shall prepare and submit for the Owner's and Architect's infonnation a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare ilCld keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, In good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be avallable to the Archirect and shall be delivered to the Archi. tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3,12.1 Shop Drawings are drawings, diagrams, schedules and other dara specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. The purpose of their sub- mittal is to demonstrate for those portions of the Work for . which submittals are required the way the Contractor 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. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submirtals 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. 3.12.6 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 Architecr. Such Work shall be 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 has 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 me Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw. ings, Product Data, Samples or similar submittals by the Archi. teet's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take reSIXlnsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance cdterla 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. cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, penuits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a }XJrtion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other. wise altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 9 WARNING: Unlicensed photocopying vtolates U.S. copyright laws and Is subfect to legal prosecution. . Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not 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- in'g area free from accumulation of waste materials or rubbish caused hy operations under the Contract. At completion of the Wark the Comractor 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 Contf2ctor falls to clean up as provided In the Comract Documents, the Owner may do so and the cost thereof shall be cbarged to the Contf2ctor. 3.16 ACCESS TO WORK 3.16.1 The Contf2ctor shall provide the Owner and Architect access to the Work in preparation and progress wherever located, 3.17 ROYALTIES AND PATENTS 3.17.1 The Contf2ctor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from}oss on account thereof, but shaII 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 of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall Indemnify and hold hannless the Owner, Architect, ArchJ- teet's consultants, and agents and employees of any of them from and against claims, datnages, 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 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 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. 3,18.2 In claims against any person or entity Indemnified under this Paragf2ph 3.18 by an employee of the Contf2ctor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragf2ph 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 Contf2ctor under this Paragf2ph 3.18 shall not extend to the liability of the Architect, the Archi- . tect's consultants, and agents and employees of any of them arising out of (1) the 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 sucb 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 pf2ctice architecture or an entity lawfully practicing architecture iden- tified as sucb 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 arcbltect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Docwnents shall be that of the fonner architect. 4.1.4 Disputes arising under Subparagf2phs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- gf2ph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intecvals 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 exhaustive or continuous on-site inspections to cbeck 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 Contf2Ctor's responsibility as provided In Paragf2ph 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 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUcnON . FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTlTUTEOFARCHITECTS, I73'jNEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright lows IlIld Is subject to '-I prosecution. . tractor, Subcontractors, or their ageots or employees, or of any other persons performing portions of the Work. 4.2.4 Communlcallons Facilitating Conlr8ct Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Comractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implemema. lion of the intent of the Contract Docwnents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subpa1'2gf2phs 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 Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contra<..-1or's submittals such as Shop Drawings, Product D2ta 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 iri the activities of the Owner, Contractor or separate contractors, while allowing suffident 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 subsuntiating instructions for installa.tion or performance of equipment or systems, all of which remain the responsiblUty of the Conmctor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under P2f2gf2phs 3.3, 3.5 and 3.12. The Architect's review shall nor 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 P2f2graph 7.4. 4.2.9 The Architect will conduct in"spections to determine the date or dates of Subsuntial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying . out the Architect's responsibilities at the site. The duties, responsiblUties 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 promptness 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 compll2nce with this Paragraph 4.2, then del2y 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 dedsions so rendered in good f2ith. . 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 cWm 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 pmy making the CI2im. 4.3.2 Decision of Archllacl. cWms, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in P2f2gf2ph 4.4. A deci- sion by the Architect, as provided in Subp2f2gt2ph 4.4.4, shall be required as 2. condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters 2rising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or 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 fuiled to t:lke action required under Subp:tr:igraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the cWm has been referred to the Architect or (5) the Claim re1ate~" to a mechanic's lien. 4.3.3 Time Umlts on Clslms. Oalms 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. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTlTUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 11 WARNING: Unlicensed photocopying violates U.S. copyright laws and 18 subject to ktgal prosecution. . 4.3.4 ContInuing ContnIct Perfonnance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in wdting the ContractOr shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Docwneots. 4.3.5 Welver 01 Claims: Flnel Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Condlllons. 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 matedal1y 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 observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 d:iys after first observance of the conditions. The Archi- tect will promptiy investigate such conditions and, If they differ materiallY:ilI1d 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 tenns of the Contract is justified. the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination' must be t112de within 21 d:iys after the Architect h;lS given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 CIalma for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice ;IS provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims rel2tlng to an emergency end:irtgering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons induding but not limited to (I) a wdtten 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) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be med in accordance with the procedure established herein. 4.3.8 Claims lor Additional Time 4.3.8.1 If the Contractor wishes to make CJaim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall indude an esthnate of cost and of probable effect of del2y on progress of the Work. In the case of a continuing delay only one Qaim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for addltJonaJ 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 PerllOll or Property. If either party to the Contract suffers injury or damage to person or property because of :m act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, wdtten notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 d:iys after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be med as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF ClAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten d:iys of receipt of a Claim: (1) request additional supporting d:ita from the cIaimant, (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 h;lS been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Cl2im shall, within ten d:iys after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting d:ita requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven d:iys, which decision shaII be final and bindirtg on the pattles but subject to arbitration. Upon expiration of such time pedod, the Architect will render to the parties the Architect's wdtten decision rel2tive to the CJaim, 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 resolving the controversy. 4.5 ARBITRATION 4.5.1 Controvelllles and Claims Subject to Arbltratlon. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the Arnedcan Arbitration AssocIation, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision ;IS provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 d:iys 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 AlA DOaJMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is sublect to legal prosecution. . 4.5.2 Rules and Notices lor Arbltnltlon. Claims between the 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 Association 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 filed with the Architect. 4.5.3 Contl'BCt ParIormance During Arbltnltlon. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 Whe,n Arbltnltion May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (I) the date on which the Architect has rendered a final written ded- 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 (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 Architect's decision becoming final and binding upon the Owner and Comractor, If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration sball be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made 2fter 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 Umllatlon on Consolidation or Joinder. No arbittation arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent 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 substantially involved in a common question of fact or law whose presence is requlred 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 comented to by parties to the Agreement shall be speellica11y enforceable under appli- cable law in any court having jurisdiction thereof. . 4.5.6 Claims and TImely As8erIIon 01 ClBlms. A party who ftles a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a 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 JudgmBnt on FIIlBI AWlHd. 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 thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFlNITlONS 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 referred to throughout 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 perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub.subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish 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 prindpal 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, 2fter due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea. sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 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 increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person -or entity previously selected if the Owner or Architect makes reasonable objection to. such change. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA" . @1987THEAMERICANINSTlTUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 A201-1987 13 WARNING: Unlicensed photocopying violates U.S. copyright laws and Ie eubiect to legal prosecution. . 5.3 SUBCONTRACTUAL RElATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractot, to be bound to the Contractor by terms of the Contract Docu- meots,and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof wiD not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract. agreement, the benefit of all rights, remedies apd 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 be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only 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 with the Owner's own forces, and to award separate contracts in connection with other por. tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and walver of subrogation. If the Contrttctor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 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 DoCt1lnents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. . 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them, The Contractor shall participate with other separate con. tractors and the Owner in reviewing their construction sched- 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 Uniess otherwise provided in the Contract-T)ocuments, 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, including, 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 acUvi- 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 50 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 describe~ for the Contractor in Paragraph 3.14, 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Parngraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUcnON . FOURTEENTH EDmaN AlA. . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. eopyright laws and Is subfect to legal prosecution, . ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Chmges in the Work may he 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 Wark, subject to the limitations stated in this Anicle 7 and elsewhere in the Contract Documents. 7.1.2 A Chmge Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and' Architect and mayor 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 Chmges 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 equlrably 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 ill the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, 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 Construction Change Directive is a written order pre. pared by rhe Architect md signed by the Owner md Architect, directillg a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the .terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustmerit 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 Contract Documents or sub- sequently agreed upon; . .3 cost ro he determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent. age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptiy proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if my, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Chmge 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 nor respond promptly or disagrees with the method for adjustment ill 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 reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of rhls Subparagraph 7.3.6 shall he limired ro 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 materiaIs, 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 aU bonds and insurance, pennit fees, and sales, use or similar taxes related to the Work; and .5 additional 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 decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a chmge, the allowmce for overhead md profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree. ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu~ tion of an appropriate Change Order. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 15 WARNING: Unlicensed photocopying violates U.S. copyrIghllaws and I. aubjecl to legal prosecution. . 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Wark not involving adjustment in the Contract Swn or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Wark. 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 cenified 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 dermed. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree. ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective dare of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade. quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall 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 Contract Documents. . ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ. ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the firs, 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 by 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 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 requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- pocation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, stocage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials 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 the 16 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. rOURTtiENTH EDITION AIA8 . @1987THEAMERICANINSTlTUTEOFARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecutJon. . Owner a Certificate for Payment, with a copy to the Contrac. tor, for such ambunt 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 subsequem 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 of a 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 means, 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 asceretin how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary 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 to cenify payment in the amount of the Application, the Architect will notify 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 Cenificate for Payment for the amount for which the Architect is able to make such representations to the OWner. The Archi~ tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims rued or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, 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 contractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated dantages for the anticip:tted 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. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's 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.subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to payor to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 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. 9.7 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 Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's rea5Oll2ble costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLEl1ON 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi~ ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 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 promptly (Q com~ plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA. . @1987THEAMERICANINSTITUTEOFARCHITECTS. 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006 A201-1987 17 WARNING: Unlicensed photocopy1ng violates U.S. copyright laws and 18 subJect to legal prosecution. . 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 afthe 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 security, 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- teact 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 Cenificate. 9.8.3 Upon Substantial Completion of the Work or designated ponion thereof and upon application by the Contractor and cenification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, 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 ponion of the Work at any stage when such ponion is designated by separate agreement with the Contrac. tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such panial occupancy or use may commence whether or not the . portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu. rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor. reerion 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 ptior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, parrial 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 AppUcatlon for Payment, the Architect will promptly make . such inspection and, when the Architect fOlds 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 terms and conditions of the Contract Docu. ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfiUed. 9.10.2 Neither final payment nor any remaIrting retained percentage shall become due until the Contractor submits to the Architect (I) an aIlidavit that payroUs, bills for matetla1s and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no 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. If a Subcon- tractor refuses to furnish a release 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 remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such Uen, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, fInal com- pletion thereof is matetla1ly delayed through no fault of the Contractor. or by issuance of Change Orders affecting fina1 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 retainage 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 fuUy 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 fmal payment shall. _ constitute a waiver 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 fina1 Application for. Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. 18 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA. . @1987THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecutton. . ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shaJl be responsible for initiating, main- taining and supervising all safety precaullons and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor.shall immediately stop. Wark 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 polychlori- nated 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 Artide 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 shaH indemnify and hold harmless the Comractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, indud- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the 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 Joss of use resulting therefrom, but only to the extent caused in whole or in pan 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 as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent 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~ torSi and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavetnents, roadways, structures and utililles not designated for removal, relo- cation or replacement in the course of construction. . 10.2.2 The Contractor shaH 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 sf?all 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, promulgallng safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptiy remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Docwnents) 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 Hable 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. 10.2.6 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 site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shaH be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S UABIUTY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set fonh 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 similar employee benefit acts whJch are applicable to the Work to be performed; AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 19 WARNING: Unlicensed photocopying violates U.S. copyright Iaw8 and Is subfect 10 legal pI1)8eCUtlon. . .2 claims for d:lJrulges because 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 (I) 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, induding loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner. ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 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 daims--made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be main- tained after final payment. 11.1.3 Cenificates of Insurance acceptable to the Owner shall be rtled 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 al.lowed to expire until at Je:lSt 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 conoeming reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S UA8lLITY INSURANCE 11.2.1 The Owner shaIl be responsible for purchasing and maintaining the Owner's usua1liability insurance. Optionally, the Owner may purchase and maintain other insurance for seIf- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or compa1)ies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons ami entities who are beneficiaries of such insurance, until final payment has been made as 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, Subcontrac;tors and Sub-subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage induding, 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 servkes and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages iI) 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- subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. Ifthe 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 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 eJects 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- ments, 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 the Work in transit.1 11.3.2 Bolter 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 fmal acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to flre or other hazards, however caused. The Owner waives all rights of action against the Contractor for 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 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING, Unlicensed photocopying _ U.S. copyright..... and Is _10 _ prosecution. . 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 polides separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or polides other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise, 11.3.6 Before an exposure to loss may occur, the Owner shall me with the Contractor a copy of each policy that indudes insurance coverages required by this Paragraph 11.3. Each poliey. shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the poliey 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 Walvelll of Subrogation. The Owner and Contractor waive all rights against (I) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-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 fidudary. 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 bvor 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 insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fidudary and made payable to the Owner as fidudary for the insureds, as thelr 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 valldity, shall require Subcontractors to make payments to their Sub.subcomractors 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 fidudary, The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award jp which case the procedure shall be as provided in Paragraph 4.5. If after such Joss 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 powerto 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 arbitration is required, the arbitrators will direct such distribution, 11.3.11 Partial occupancy or use in accordance with Paragraph 9,9 shall not commence until the insurance company or com- panies providing property insurance have conSented to such partial occupancy or use by endorsement or otherwise, The Owner and th;e 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 ANO PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made, ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered 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 has 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. ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs, 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabrjcated, 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 dite AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA OIl . @1987THEAMERICANINSTlTUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C. 20006 A201-1987 21 WARNING: Untlcensed photocopying vlotates U.s. c:opyrfght taws ond Is _10 /eg8I prosocutlon. . for commencement of warranties established under Sub- par:lgraph 9.9.1, or by terms of an applicable spedal warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Oocwnenrs, the Contractor shall correct it promptly after receipt of written notke from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of sucb condition. This period of one year shall be extended with respect to portions of Wark first performed after Substantial Completion by the period of time between Substan- tial Completion and the acnla1 performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep. tance of the Work under the Contract and tennination 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 Wark 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 2ft:er 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 Sum shall be reduced by the defidency. If payments then or thereafter due the Contractor are not suffident 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 consuuction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removaJ of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligaUon 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 reID-oval 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 asslgrunent without such consent, that party shall nevenheless 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 constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing, 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Docwnents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make 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, an!! shall bear all related costs of tests, inspections and approvals, The Contractor shall give the Architect timely notice of when and where tests and inspec. tions are to be made so the Architect may observe such proce. dures, The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations 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, I, 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 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA. . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D,C. 20006 WARNING: Unlicensed photocopying viol.... U.S. copyright lows and Is subject to Iegsl p........lon. . The Owner sh:ill be2r 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 ponions of the Work to comply with requirements est:lblished 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. 13.5.4 Required certificates of testing, inspection or approval sh:ill, 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 lIMIT A lION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to actS or failures to act occurring prior to the relevant date of Substan* tial Completion, any applicable statute of limitations sh:ill commence to run and any :illeged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 lleMeen Substantial Completion and Final CarIII~ cata for Payment. As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the fina1 Cenifi- cate for Payment, any applicable statute of limitations sh:ill commence to run and any :illeged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment As to acts or failures to act occurring after the relevant date of issu* ance of the fmal Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of 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 last. . ARTlQ.E 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract lfthe Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Suh-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 Documentsj .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 .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~ induding reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through . no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress_of the' Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or f:ills 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 of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Archit~ct that sufficient cause exists to jus- AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @I987THEAMERICANINSTITUTEOFARCHlTECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON,D.C. 20006 A201.1987 23 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecutktn. . 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 finish 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 W'Ock is fmished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of llnishiilg the Work, including compensation for the Archi- tect's services and expenses made.: necessary thereby, such excess shall bc paid to the Contractor. If such costs exceed the unpaid baiance, the Contractor shall pay the difference to the . Owner. The amount to be paid to the ContrattQ[ or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive tenniru- tion of the Contract. . 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may. without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, induding 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 isresponsiblej 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 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EOITION AlA- . @1987THEAMERlCANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 3/87 WARNtNG: UnRcensed pholocojlyIng vt_ u.s. copyright _ ond 10 subject to togot prooecutlon. . . SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions ofthat Article, paragraph, subparagraph, or clause shall remain . in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 -INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $100,000. TENNIS COURT RECONSTRUCTION & RESTORATION F-1 . . .2 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $ 1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for" a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate. .3 Comprehensive Automobile Liability (owned, non-owned, hired): a. Bodily Injury: $ 1,000,000 Each Person $ 1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: TENNIS COURT RECONSTRUCTION & RESTORATION F-2 PAYROLL CERTIFICATION FORM . . (TItl.) (Name ot.lgn.tory party) do hereby state: 1. That I pay or supervise the payment of the persons employed by on the (Contractor or Sub-Contractor) ; that during the payroll period commencing (Project or Work) on the day of , .1L- , and ending the day of , .1L- , all persons employed on said project have been paid the full weekly wages earned (u:~.. noted Column 10. fnmt oftonn). that no rebates have been or will be made either directly or Indirectly to or on behalf of said contractor, from the full weekly wages earned by any person and that (Contractor or Iub-C'l ,IloKtot1 no deductions have been made either directly or IndlrecUy from the full wages earned by any person other than pennlsslble deductions as defined by Regulations Issued by the New York State Department of Labor. If any wages are unpaid, as reported In Column 10 on the front of this fann, explain below: 2. That any payrolls otherwl.. under this contract required to be submitted for the above period .... correct and completej that the wage rates for laborers, mechanic, journeymen. skWed and seml..klUed laborer and apprenUcH contained therein Ira not .... than the applicable wage rates contained In any wage determination Incorporated, Into the contract; that the c....lflcatIona Nt forth theretn for each laborer, mechanic, journeymen. skmed and seml-skllled laborer and apprentice confonn with work he pertonned. 3. That any apprentices employed In the above period are duly registered In I bona fide apprenticeship program registered with. State apprenticeship agency recognized by the New York Bureay of Apprenticeship and Training. Department of Labor and Industry. 4. That (.~ WHERE FRINGE BENEFIES ARE PAlO TO APPROVED PlANS, FUNDS DR PROGRAMS In addition to the basic hoQrIy wage ratas paid to eaeh taborer, mechlnk:, Journeyman, skilled and seml-skllled taborer and C apprentice listed In the above Nlerenced payroll, paymenta of fringe benefits as IIst8d In the contract have been or wUI be made to appropriate programl forthe benent of such employee. except as notecIln SectIon" (c) below. (b). WHERE FRINGE BENEFIES ARE PAID IN CASH Each laborer, Mechanic, journeymen. skUled and seml..klUed laborer and apprlntlce listed In the above referenced payroll C has been paid. as Indicated on the payroll, an amount not.... than the sum of the applicable bask: hourty wage rate plus the amount of the required fringe benefits as listed In the contract, except as noted In Sectton 4 ec) below~ (C). EXCEPTIONS EXCEPTION (CRAfT) EXPLANA110H REMARKS: I SlGNATUR", I NAME ....lITLE, The willful falsification of any of the above statements may subject the contractor or sub-convactor to cMI or criminal prosecution. TAKEN, SWORN AND SUBSCRIBED BEFORE ME, (NOTARY & SEAL) THIS Of' DAY A.D. 20 TENNIS COURT RECONSTRUCTION & RESTORATION G -1 PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS (for Contractor and Sub-Contractor's use for Weekly and Final Certification) Name of o Contractor or, 0 Sub..contractor. Addr... of Contractor or Sub-Contractor: Date Wage Due & Paid: Telephone No. Week Ending or Final Certification Project Name & Location: Prevailing Wage Serial Number: Agency Project Number: 0 1. 2. 3. '"' .4. DAY AND DATE 5. 6. 7. 8. 9. 10. - Q" III SIMIT Iw TI FI S DEDUCTIONS NET Name, Address and o -fi ~ ~ WAGE Work 0 I I I I TOTAL RATE GROSS WITH- TOTAL AMOUNTS Social Security Number "-I HOUR! OFPA' AMOUN' ~5Cl Classification '"' FICA HOLDING STATE DEDUC- PAID FOR UNPAID of Employee ~~.n 0 HOURS WORKED EACH DAY EARNED TAX TIONS WEEK 0 S 0 S - 0 S 0 S 0 S 0 S 0 S 0 S 0 S NEW YORK STATE DEPARTMENT OF LABOR PREVAILING WAGE DMSION . N C.9 -z o ~ o l- (/) W 0:: o/l Z o f= () => 0:: l- (/) Z o () W 0:: I- 0:: => o () (/) z z W I- . . PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for Reconstruction & Resurfacina of Two Tennis Courts at FISHERS ISLAND Town of South old New York State Department of Labor wage rates Apply to this specification as if they were fully incorporated herein. TENNIS COURT RECONSTRUCTION & RESTORATION H - 1 . . COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS A. STATE REGULATIONS: 1. 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. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. B. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification Is a violation of the Equal Opportunity clause in his contract. As used in 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, drinking 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 periods) 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): TENNIS COURT RECONSTRUCTION & RESTORATION M -1 . . 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000 - which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national 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 payor 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 provil,led 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 informatio'n and reports required by Executive Order No. 11246 of September 24,1965, and by the rules, regulations, and orders ofthe Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order ofthe Secretary of Labor, or as otherwise provided by law. TENNIS COURT RECONSTRUCTION & RESTORATION M -2 . . (7) The contractor will Include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, Including sanctions for noncompliance: 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." 3. 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-1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements In subdivisions (I), (i1), 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 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 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. TENNIS COURT RECONSTRUCTION & RESTORATION M -3 . . 1-12.805.4 Reports and Other Reauired Information (b) Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, If so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: (2) "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. (2) 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 covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. ( C ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. TENNIS COURT RECONSTRUCTION & RESTORATION M -4 . . ( d) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENT STANDARDS A. 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. B. 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 l! 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, or 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. TENNIS COURT RECONSTRUCTION & RESTORATION M -5 . . C. Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Sub-grantee 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 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. D. Contracts and sub-grants 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. E. 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. F. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. G. 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. H. All contracts and sub-grants 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 sub-grantee 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 sub-grantees and to assure that suspected or reported violations are promptly investigated. TENNIS COURT RECONSTRUCTION & RESTORATION M -6 . . COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: 1. 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 anyone calendar day or more than five days in anyone week except in the emergencies set forth in the labor law. 2. 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. 3. 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. 4. Section 220.3-8 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. 5. Section 220-8, 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 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; TENNIS COURT RECONSTRUCTION & RESTORATION M .7 . . (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. 6. The aforesaid provisions of Section 22009 which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. 7. 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. 8. Section 22208 which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include In each contract paragraphs ( c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12,1963 and amended November 14,1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No.1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent Information. Such Notice shall be posted In easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. TENNIS COURT RECONSTRUCTION & RESTORATION M -8 . \. . . . frQiect Specifications Section 1010 - SUMMARY OF WORK Part 1 - GENERAL 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: A. The work in this project includes the restoration and reconstruction of two (2), Town of South old tennis courts. 1. Project Location: Fishers Island (See the Aerial photograph enclosed for exact location.) 2. Owner: Town of Southold. B. Architect Identification: The Contract Documents, dated June 13, 2005, were prepared by the Office of the Engineer for the Town of Southold. C. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred there from. D. This contract includes all travel and material deliveries to and from Fishers Island. E. This contract includes all site work necessary for the completion of work. END OF SECTION TENNIS COURT RECONSTRUCTION & RESTORATION 1010-1 , ' . . . Section 1420 - REFERENCES Part 1 - GENERAL 1.01 DEFINITIONS: A. General: Basic Contract definitions are included in the Conditions of the Contract. B. "Approved": When used to convey Architect's action of Contractors submittals, applications, and requests. C. "Directed": A command or instruction by Architect. Other terms including "requested," "selected," "approved," "required," " and "permitted" have the same meaning as "directed." D. "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Othe terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "Indicated." E. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, application, installation, and similar operations. F. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. G. "Provide": Furnish and Install, complete and ready for the intended use. H. "Installer": Contractor or other entity engaged by Contractor as an employee, or Subcontractor, to perform a particular construction operation, including installation, erection, application and similar operations. I. "Experienced": When Used with an entity, "experienced" means having successfully completed previous projects similar in size and scope to this project; being familiar with special requirements indicated; and having complied with requirement of authorities having jurisdiction. J. "Project Site": Space available for performing construction activities. TENNIS COURT RECONSTRUCTION & RESTORATION 1420-1 . ' . . . 1.02 INDUSTRY STANDARDS: A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Minimum Quantity of Quality Levels: All installations or applications of specified materials shall be installed as per manufacturers installation guidelines and minimum specifications. C. Copies of Standards: Each entity engaged in construction of Project must be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. Where copies of such standards are needed to perform the required construction activity, obtain copies directly from the product manufacturer and make them available upon request. END OF SECTION TENNIS COURT RECONSTRUCTION & RESTORATION 1420-2 . . . . Section 2500 - ASPHALT PAVEMENT RESTORATION Part 1 - GENERAL 1.01 SITE ACCESS: A. The contractor shall be responsible for all transportation, material delivery and site access to and from Fishers Island. B. Storage of materials and equipment may be kept on site or at the Highway maintenance facilities located approximately .5 miles from the project site. All stored materials and equipment shall be the sole responsibility of the Contractor and the Town of Southold will not be responsible for damage. 1.02 DESCRIPTION: A. Provide all site preparation work as required to complete the project in a successful manner. Limits of work under this contract shall include the entire site. B. Any and all noticeable cracks in the existing court systems shall be treated and repaired with Armor Crack Repair System. C. Each court shall receive a two-color finish system as mfg. by Deco Color with "red" off court areas and "green" court areas. 1.03 QUALITY ASSURANCE: A. Contractor Qualifications: A Contractor shall have a minimum of five (5) years experience in the application and refinishing of Tennis Court Color Systems. Part 2 - PRODUCTS 2.01 MATERIALS: A. ARMOR Crack Repair System (1-877-992-7667) or equal. -I Material specifications and product literature must be submitted with the Contractors bid for any "or equal" product. TENNIS COURT RECONSTRUCTION & RESTORATION 2500-1 . " . . . Part 3 - EXECUTION 3.01 PROTECTION OF PROJECT CONDITIONS: A. Minimize interference with adjoining Streets, Roads, Adjacent Property and other Works to remain during Project. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from the Town of Southold. B. Each existing crack shall be thoroughly cleaned of all dirt, vegetation, debris and other deleterious materials prior to patching with the Armor Crack Repair System. C. Approximately 1,000 lineal feet of cracks shall be treated with the Armor Crack Repair System. All applications of the Armor Crack Repair System shall meet the minimum specifications required by the manufacturer. END OF SECTION TENNIS COURT RECONSTRUCTION & RESTORATION 2500-2 , " . . . Section 2700 - COURT RESURFACING & PAVEMENT MARKINGS Part 1 - GENERAL 1.01 DESCRIPTION: A. The Contractor shall provide a two-color finish system on each court as mfg. by Deco Color with "red" off court areas and "green" court areas. (Similar to existing court # 2, See Aerial Photo SP - 2) Part 2 - PRODUCTS 2.01 MATERIALS: A. Acrylic Resurfacer with silica sand. B. Deco Color Resurfacing System or equal. Material specifications and product literature must be submitted with the Contractors bid for any "or equal" product. Part 3 - EXECUTION 3.01 PREPARATION OF EXISTING SURFACES: A. After proper drying time of crack repair, all surfaces shall be cleaned of all debris and dust prior to application of new court surfaces. B. New Court Resurfacing of both courts shall consist of the following steps: 1. Apply one coat of Acrylic Resurfacer with Silica Sand to each Court. 2. After the first coat of Resurfacer has dried completely, apply a second coat of Acrylic Resurfacer with Silica Sand to each Court. 3. After the second coat of Resurfacer has dried completely, apply one coat of Deco Color Paint with Silica Sand with "red" off court areas and "green" court areas. 4. After the first coat of Paint has dried, apply the second coat of Deco Color Paint (without silica sand) with "red" off court areas and "green" court areas. 5. All playing lines shall be installed to each court following U.S.T.A. specifications & standards. C. Contractor shall re-install tennis court nets and posts as supplied by the Town of Southold. END OF SECTION TENNIS COURT RECONSTRUCTION & RESTORATION 2700-1 .. .. LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: PROJECT: The reconstruction and resurfacing of Two Tennis Courts located on Fishers Island. The Town Board of the Town of Southold will receive bids for furnishing all materials and equipment as specified in the bid documents for the reconstruction and resurfacing of two existing Tennis Courts on Fishers Island all in accordance with the Drawings & Specifications contained herein. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 30th Day June Month 20!&.. Year All specifications are provided herein: drawings "Aerial Photographs" to be attached. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Please advise if you intend to bid or not. Dated: June 7, 2005 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk * * * PLEASE PUBLISH ON MARCH 24, 2005, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler Watchman Dodge Reports Town Clerk's Bulletin Board Town Board Members Brown's Letters Town Attorney Burrelle's Info. Services Jim McMahon .. .. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the ~ day of ~ , 2005, she affixed a notice of which the annexed printed notice ~e copy, in a proper and substantial manner, in a most public place in the Town of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Bid on Tennis Courts for Fishers Island ~;'~qO~ ~lizabeth A. Neville Southold Town Clerk LYNDA M BOHN NOTARY PUBUC, State of New Yorfl NO. 01 B0e020932, 8uf1ojk County Tenn Exp/Iu March 8, 2O.(;i::) . - ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 363 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 7,2005: RESOLVED that the Town Board ofthe Town of Southold hereby authorizes and directs the Town Clerk Elizabeth Neville to advertise for bids for the renair and resurfacinl! of two (2) municinal tennis courts on Fishers Island, as per the plans and specifications prepared by James Richter, Office of the Town Engineer. ~~.f~' Elizabeth A. Neville Southold Town Clerk . .. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 362 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 7, 2005: RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fnnd Budl!et Whole Town 2005 bndl!et as follows: From: A.2025.00 Special Recreational Facilities Park & Playground $30,000 To: A. I 620.2.500.425 Building & Grounds, Capital Outlay Tennis Court Improvements ~jlt~2;k~t~. Elizabeth A. Neville Southold Town Clerk $30,000 . . .f ~j 1>:X...., ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICt;R FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 363 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 7,2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk Elizabeth Neville to advertise for bids for the repair and resurfacinl! of two (2) municipal tennis courts on Fishers Island, as per the plans and specifications prepared by James Richter, Office of the Town Engineer. ~~...1h. Elizabeth A. Neville Southold Town Clerk . ., Yj\~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 362 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 7, 2005: RESOLVED that the Town Board of the Town of South old hereby modifies the General Fund Bud!!et Whole Town 2005 bud!!et as follows: From: A.2025.00 Special Recreational Facilities Park & Playground $30,000 To: A. 1620.2.500.425 Building & Grounds, Capital Outlay Tennis Court Improvements ~~r;/~. Elizabeth A. Neville Southold Town Clerk $30,000