HomeMy WebLinkAboutGarage Doors Highway Dept
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
William Volk
Active Door & Window
644 Union Avenue
Holtsville, NY 11742
Dear Mr. Volk:
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OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork. net
Congratulations. The Sotl.thold Town BOIltd, at its regular meeting of April 26, 2006,
accepted the bid of Active Door & Wi,ltdow for instaUi~ garage doors at the Highway
Department. A certified copy of the reSolution is enclosed. Your current bid check will be
returned to you at the end of the contract.
Enc.
May 2, 2006
Very truly yours,
Lynda M. Buhn
Deputy Town Clerk
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Active Door & Window
644 Union Avenue
Holtsville, NY 11742
447-2400
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
BID OPENING
Garal!e Doors for Hil!hwav 2006
Bid Opening 4/13/0610:00 A.M.
$33,400.00
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
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A~IVE DOOR & WIND&v
Corporate Office
644 Union Ave.
Holtsville, NY 11742
Tel. 631-447-2400 Fax 631-447-2459
North Babylon
1492 Deer P.rt< Ave.
(631) 242-8500
Other Locations:
Port Jefferson station
1029 Route 112
(631)928-6617
Huntington Station
805 E. Jericho Tpke.
( 631)649-2589
04/11/06
South old Town Board
Town Hall-53095 Main Road
Southold, NY 11971
Tel. 765-1801
Fax 765~145
Job: Southold Town Highway Facility-Peconic Lane, Peconic, New York 11958
Supply and Installation of Seventeen (17) Overhead Garage Doors
Removal and disposal of old Overhead Doors
Furnish and install:
7 -11-2 x 10-0
4- 12-2 x 12-0
1- 12-2 x 9-9
1- 10-2 x 12-0
1- 14-2 x 10-0
1- 8-8x11-8
2- 12-2 x 10-0
Model "ThermaSeal" -1-3/4" thick thermal insulated garage doors, as Manufactured by
"Raynor Garage Doors" of Dixon, Illinois.
"ThermaSeal" R-Value = 16.4, solid doors**
Includes Normal Headroom 15" radius tracks - angle to steel jambs,
Torsion springs, Exterior gauge: 15. Interior gauge: 26. Polyurethane insulation
Headerseal: vinyl seal, Exterior and Interior color: Polyester White
1- Interior slide lock per door, bottom rubber seal
Perimeter seal: Flap with Retainer
Notes:
4" Exhaust port in bottom section of each 12-2 x 12-0 door
** 3- windows in section #3 of each 12-2 x 12-0 door, 24" x 8" Oval- double glazed DSB
Low Head Room track and hardware on the 8~ x 11-8 door only
Job Total Installed at $ 33,400.00
Tax Exempt
William T. Volk
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President
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Overhead Garage Door Replacement
Town of Southold
Doors are to be custom fabricated, white insulated, manually operated, 20-gage
galvanized steel sectional doors, with galvanized track, to fit the existing openings
(Thermacore 592, or equal).
The bid price includes all labor and materials necessary to replace damaged or old
doors (17 doors).
This proposal should show a price per door, due that fact that the size and amount
of labor may vary.
~ . . I J 90-0/t'. I
· . .. . / fIt) ..
-;tIv. at Yt;u&*~
tk;f/HtI-!tal .f'/aJ~, ;;, _ fJ;)'Oil, ;JZtjfdJ
r.p dCJO;t.f ~(f(;l 'l.V'7nf1-
7 (seven)
11 '-0" wide by 10'-0" high
1 (one)
14'-0" wide by ~h
12'-0" wide by 12'-0" high
4 (four)
1 (one)
r
F- t q ~ wide by 11'-8" high
'l ~t""-J'
!II- jI-- ad b :11- A'-II I
.. "J - . M~_
1 (one)
12'-0" wide by ~
Standard Features
;)-
/-
/2--0 X I () - 0 :
/O-O)(/z-.o
. . . . . I~?r/ t''t '
~
10-0 A/I. 2~''''
.. _ .... ..... lI7~j,...
. . ~ . . 115'0"
7>~qtl_ faJ#4/~ . .
. . .. . . ) 9 ?f
Spec. N - 4
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STATEMENT OF NON-COLLUSION
(To be completed by each Bidder)
In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal
hereafter made to a political subdivision 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-colluslve bidding certification. .
A. By submission ofthls bid, each bidder and each person signing on behalf of any bidder certifies, and in
the case of a Joint bid, each party thereto certifies as to Its own organization, under penalty of perjury,
that to the best of knOWledge and belief:
(1) The prices in this bid have been arrived at Independently without collusion, consultation,
communication, or agreement, for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or any competitor.
(2) Unless otherwise required bylaw, 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 WiLL;"", '1". Vq~k ofthe Af!riw 7)"o,erwin4w ~. be
(Name of signatory) (Name of Cor ration)
authorized to sign and submit the bid or proposal of this corporation for the following Project:
DEMOLITION, SUPPLY & INSTALLATION of OVERHEAD GARAGE DOORS
Southold Town Highway Facility, Peconic lane, Peconic, New York 11958
and to include in such bid or proposal the certificate as to non-colluslon 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
/ t? -(5
day of rrihi
,201Z.b.......,.
(SEAL OF THE CORPORATION)
Laws of N_ York,1965
Ch. 751, Sec.103-d, as amended &
effective on September 1,1965.
w~&---
Signature
Replacement of Overhead Doors:
C -1
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PROPOSAL FORM
Date: If /0/0 (
NAME of
BIDDER:
Ar'1i"/le J)(j{),e-rU/hbw 0-
t SlY' (/;1/iM AW.
/-IOlTSV;/~, IY( 117Y.2.
Telephone: ~gl-'I'IlcPVOO
TO: SOUTH OLD 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: February 14, 2006 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 fumish all materials not
provided by the Town (See Specifications) and to perform all the work required to construct,
perform and complete the work at:
Southold Town Highway Facility - Peconlc Lane, Peconic, New York 11958
Supply and Installation of Seventeen (17) Overhead Garage Doors.
and all other work in connection therewith, in accordance with the contract documents and
addenda, if any, contained herein, 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:
Project to include the Removal & Disposal of seventeen (17) Overhead Doors. The Project shall also include
the Supply and Installation of all Parts and Materials for seventeen (17) New Overhead Doors in the same
Openings. New doors shall be custom fabricated, insulated, manually operated, galvanized steel sectional
doors, with galvanized tract as manufactured by Thermacore, Model # 592, or approved EqUal(~~":J:i,/
THIS PROJECT SHAll PROVIDE A COMPLETE INSTALLATION IN ACCORDANCE WITH THE CONTRACT PIOdf)
DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES Will BE COMPLETED FOR THE
STIPULATED "LUMP SUM" OF:
7/;itf 1ittt~/IiM//t;HM~d/~r.
(written In words)
,. 33. 'I !70 ' <:5!
,
(written In numbers)
Replacement of Overhead Doors:
0-1
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NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION
(TO BE COMPLETED BY EACH BIDDER)
RiddAr'!'l CArtification!'l'
A bidder will not be eligible for award of a contract under this Invitation for Bids unless such
bidder has submitted as a part of its bid the following certification, which will be deemed a part
of the resulting contract:
/
BIDDER'S CERTIFICATION
/J r/i ve Droit r {.J ,;.k".r {?~.
(Bidder)
Certifies that:
1. It intends to use the following listed construction trades in the work under the contract
"b~/l!ntM",.c ,,~W~ "
and,
2.
A.
As to those trades set forth in the preceding paragraph one hereof for which
it is eligible under Part 1 of these Bid Conditions for participation in the
Nassau-Suffolk County Plan
It will comply with the said County area within the scope of coverage of
that Plan, those trades being:
2JJ'f1i:lt/#ll/ht Or dw,du,( j)Dotff
and/or,
B. As to those trades for which it is required by these Bid Conditions to comply with
Part II of these Bid Conditions, it adopts the minimum minority man-power
utilization goals and the specific affirmative action steps contained in said Part II,
for all construction work (both state and non-state) in the afore-mentioned area
subject to these Bid Conditions, these trades being:
1Jviall4ik tff tJvuiu/ ~J
and,
3. It will obtain from each of its subcontractors and submit to the contracting or
administering agency prior to the award of any subcontractor under this contract the
subcontractor certification required by these Bid Conditions.
C/~tPa------
(Signature of Authorized Representative of Bidder)
Replacement of Overhead Doors:
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#7794
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
.
Jean Burqon of Mattituck, in said county, being duly sworn,
says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
1 weeks, successively, commencing on the 23rd day of
March , 2006
Sworn to before me this
2006
;
,) ,,t
'V\.. ;
/11, ') ( c"-l .
'\ . /) 1/ x:Jlj) \U\_
.:HRISTlNA VOllNSKI
"",p, PUBLIC-STATE OF Nf'! YORK
,\it}.Ol-V061050SC
<), '~" ,ed In SuffOlk CO'Jnty
r';rl1!'tS)I(:., [xplres Februarv '21' 2008
'l/"'! 'I
j llj/ ( V,.
,-
, /) .l/L/ ')'
I -~Y-
rincipal Clerk
day of
LEGAL NonCE
NonCE TO BIDDERS
NOTICE IS HEREBY GIVEN, in
accordance with the provisions of Sec-
tion 103 of the General Municipal Law,
. j that sealed bids are sought and request-
U i i cd for the furnishing and installation
of custom fabricated, insulated, manu-
ally operated, galvanized steel sectional
doors, with galvanized tract, for the
Southold Highway Department.
Specifications for the above are
available at the Southold Town Clerk's
office, Monday thru Friday, 8:00 am to
4:00 pm.
Sealed bids, together with a Non-Col-
lusive Bid Certificate, will he received
by the Town Clerk at the Southold Town
Hall. PO Box 1179. 51095 Main Road.
Southold, New York, until 10:00 A.M.,
Thursday, April 13, 2006, at which time
they will be opened and read aloud in
public. The Town Board of the Town
of Southold reserves the right to reject
any and all bids and waive any and all
informalities in any bid should it be
deemed in the best interest of the Town
of Southold to do so
All bids must be signed and sealed
in an envelope plainly marked ~
Overhead Gal'8lJe I)oor Re.lIIcemeDt"
and submitted to th-,' Town Clerk. The
bid price shall not include and tax, fed.
eral, state, or local, from which the 'Iown
of Southold is exempt.
Requests for additional information
& all inquiries should be addressed to
the James Richter, RA. (631) 765-1560,
Southold Town Engineering Depart-
ment, Southold Town Hall, PO Box
I] 79. Southold, NY I] 971
Dated: February 14,2006
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
7794-1 T 1/2
IT
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Lel!al Notice
NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of
the General Municipal Law, that sealed bids are sought and requested for the
furnishing and installation of custom fabricated, insulated, manually operated,
galvanized steel sectional doors, with galvanized tract, for the Southold Highway
Department.
Specifications for the above are available at the Southold Town Clerk's office,
Monday thru Friday, 8:00 am to 4:00 pm.
Sealed bids, together with a Non-Collusive Bid Certificate, will be received by the
Town Clerk at the Southold Town Hall, PO Box 1179, 53095 Main Road, Southold,
New York, until 1 0:00 A.M., Thursday, April 13, 2006, at which time they will be
opened and read aloud in public. The Town Board of the Town of South old reserves
the right to reject any and all bids and waive any and all informalities in any bid
should it be deemed in the best interest ofthe Town of South old to do so.
All bids must be signed and sealed in an envelope plainly marked "Bid on Overhead
Garal!e Door Renlacement" and submitted to the Town Clerk. The bid price shall
not include and tax, federal, state, or local, from which the Town of South old is
exempt.
Requests for additional information & all inquiries should be addressed to the James
Richter, RA, (631) 765-1560, Southold Town Engineering Department, Southold
Town Hall, PO Box 1179, Southold, NY 11971
Dated: February 14,2006
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON March 23, 2006, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLCATION TO ELIABETH NEVILLE, TOWN CLERK,
TOWN HALL PO BOX 1179, SOUTHOLD, NY 11971
Copies to the following:
Suffolk Times Town Board Members Town Attorney
Superintendent of Highways Data Construction Dodge Reports
Brown's Letters Burrelle' s Information Services
Town Clerk's Bulletin Board
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STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk ofthe Town of South old, New York being
duly sworn, says that on the ~ day of~, 2006, she affixed a
notice of which the annexed printed notice is a true copy, in a proper and substantial
manner, in a most public place in the Town of South old, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Bid: Garage Doors for Highway Dept. Opening 4/13/06
r?~~4ar1/.rt~
izabeth A. Ne lle
Southold Town Clerk
LYNDA M. BOHN
NOTARY PUBLIC, State of NewYor!c
No. 01 B06020932
Qualified in Suffolk Counll
Term Expires March 8, 20 ~
Invitation to Bid
11_111/1111-1
&
11- & -_11IIII
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Southold Town Highway
Maintenance Facility
PECONIC LANE
SOUTHOLD, NEW YORK 11958
Date: February 14, 2006
SOUTHOLD TOWN
ENGINEERING DEPARTMENT
SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD
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PROJECT DESCRIPTION
...l1li/....... -I.... & ...........
ExIS1111IVerlllad ...rs
Southold Town Highway Facility
Peconic Lane, Peconic, New York 11958
This Project includes the Demolition, Disassembling, Removal and Disposal of seventeen
Existing Garage Doors.
This Project is for the furnishing and installation of seventeen (17) custom fabricated,
insulated, manually operated, galvanized steel sectional doors, with galvanized tract, in
accordance with the specifications attached hereto. New sectional doors shall be as
manufactured by THERMACORE; Model # 592 or Approved Equal.
The Contractor and his/her employees shall be granted access to the Project Site during
the normal working hours of the Highway Department. All Site access shall be coordinated
with the Town Highway Superintendent prior to commencement of the work. [765-3140]
All work shall be completed in a timely manner and Maintenance Bays shall not be left
open and/or unprotected for an extended period of time.
The Town of Southold shall be responsible for all Permits and Approvals from all agencies
having control or jurisdiction over the work described herein.
REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE
ADDRESSED TO THE ARCHITECT @ THE SOUTHOLD TOWN ENGINEERING
DEPARTMENT:
Attention: James A. Richter, RA (631) 765 - 1560
Southold Town Hall
P. O. Box 1179, 53095 Main Road
Southold, New York 11971
Jamie.richter@town.southold.nv.us
The foregoing project description is provided for general information only. It is not a part of
the contract documents. For the specific provisions and requirements of this project,
please refer to the full Specifications and Contract Drawings contained herein.
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INDEX TO SPECIFICATIONS
TITLE SHEET
Project Description
Index to Specifications
BIDDING REQUIREMENTS
PAGE
Invitation to Bid
Instructions to Bidders
Statement of Non-Collusion
Proposal Form
N.Y.S. Affirmative Action Certification
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
General Release
Payroll Certification forms
Non-Discrimination Clause
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 - 1
H - 1 through H - 2
J - 1 through J - 2
L - 1 through L - xx
M - 1 through M -8
SPECIFICATIONS - GENERAL REQUIREMENTS
Spec. 1 through Spec. 7
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INVITATION TO BID - [Notice to Bidders]
NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the
General Municipal Law, that the Town Board of the Town of South old will receive sealed
bids for furnishing all of the labor, materials and equipment as specified in the bid
documents for the Demolition & Disposal of overhead doors and the Supply and
Installation of new Overhead Doors in accordance with the Drawings & Specifications
contained herein and as prepared by James A. Richter, R.A., Southold Town Engineering
Department, Town Hall, 53095 Main Road, Southold, New York 11971. (631) 765-1560
PROJECT: The Removal & Disposal of seventeen (17) Existing Overhead Doors.
The Project shall also include the Supply and Installation of seventeen
(17) New Overhead Doors in the same Door Openings. New doors
shall be custom fabricated, insulated, manually operated, galvanized
steel sectional doors, with galvanized tract as manufactured by
Thermacore, Model # 592, or approved Equal. All work shall be
performed at the Southold Town Highway Facility located on Peconic
Lane, Peconic, New York 11958
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, ThlJrsd~y , April 13th, 2000
Day Month & Date Year
All specifications are provided herein: drawings (if any) 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: Fp.bnJ~r:y 14 ?006
BY ORDER OF THE SOUTHOLD TOWN BOARD
By: Elizabeth A. Neville
Southold Town Clerk
Replacement of Overhead Doors:
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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
fumish all materials, plant, equipment, tools, shoring or bracing, scaffolds, 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.
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.
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.
Replacement of Overhead Doors:
B-1
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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 accompanied by an
insufficient or irregular certified check or bidder's bond bay be rejected, any proposal
havinginterlineations, erasure or corrections may be rejected.
G. 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.
H. TIME LIMIT TO COMMENCE AND COMPLETE WORK
The contractor shall commence work within ten (10) calendar days after the date stipulated in the
notice to proceed which was given to him by the Town of Southold and shall complete the work
within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60)
working days.
Replacement of Overhead Doors:
B-2
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STATJ;r.lli;N"( Of t)lON-COLL.l,I~lgfi
(To be completed by each Bidder)
In accordance with Section 103-d General Municipal Law, effective September 1,1966, every bid or proposal
hereafter made to a political subdivision ofthe State ofany public department, agency, or official thereof orto a
fore district or any agency or official thereofforwork 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 ofthls bid, each bidder and each person Signing on behalf of any bidder certifies, and In
the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury,
that to the best of knowledge and belief:
(1) The prices In this bid have been arrived at Independently without collusion, consultation,
communication, or agreement, for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or any competitor.
(2) Unless otherwise required by law, the prices which have been quoted In this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to
opening, directly or Indirectly, to any other bidder or to any competitor.
(3) No attempt has been made or will be made by the bidder to Induce any other person,
partnership, or corporation to submit or not to submit a bid for the purpose of restricting
competition.
B. The person signing this bid or proposal certifies that he has fully informed himself regarding the
accuracy of the statements contained In this certification, and under the statements contained in this
certification, and under the penalties of perjury, affirms the truth thereof, such penalties being
applicable to the bidder, as well as the person signing In Its behalf.
C. That attached hereto (If a corporate bidder) Is a certified copy of resolution authorizing the execution of
this certificate by the signature of this bid or proposal on behalf of the corporate bidder.
RESOLUTION
Resolved that
of the
be
(Name of slgnetory) (Name of Corporation)
authorized to sign and submit the bid or proposal of this corporation for the following Project:
DEMOLITION, SUPPLY & INSTALLATION of OVERHEAD GARAGE DOORS
Southold Town Highway Facility, Peconic Lane, Peconic, New York 11958
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
day of
, 20---,
(SEAL OF THE CORPORATION)
Laws of New YorI<,1965
Ch. 751, Sec.103-d, as amended &
effective on September 1,1965.
Signature
Replacement of Overhead Doors:
C -1
,-
.
.
PROPOSAL FORM
Date:
NAME of
BIDDER:
Telephone:
TO: SOUTH OLD 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: February 14, 2006 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 fumish all materials not
provided by the Town (See Specifications) and to perform all the work required to construct,
perform and complete the work at:
South old Town Highway Facility - Peconic Lane, Peconic, New York 11958
Supply and Installation of Seventeen (17) Overhead Garage Doors.
and all other work in connection therewith, in accordance with the contract documents and
addenda, if any, contained herein, 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:
Project to include. the Removal & Disposal of seventeen (17) Overhead Doors. The Project shall also include
the Supply and Installation of all Parts and Materials for seventeen (17) New Overhead. Doors in the same
Openings. New doors shall be custom fabricated, insulated, manually operated, galvanized steel sectional
doors, with galvanized tract as manufactured by Thennacore, Model # 592, or approved Equal.
THIS PROJECT SHALL PROVIDE A COMPLETE INSTALLATION IN ACCORDANCE WITH THE CONTRACT
DOCUMENTS CONTAINED HEREIN. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE
STIPULATED 'LUMP SUM' OF:
(written In words)
(written In numbers)
Replacement of Overhead Doors:
0-1
.
.
PROPOSAL FORM Cont.
And he further agrees that if this proposal shall be accepted by the Town and that if he shall
refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements
of the Town and shall fail to give the required security within the ten (10) days after notice of the
acceptance of said proposal, shall have been deposited in the mail addressed to him at the
address given in the proposal, that he shall be considered to have abandoned the contract and
the sum represented by the certified check accompanying this proposal shall be forfeited to the
Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within
forty-five (45) days after the date of receiving the bids.
We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a
period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement
may extend this time period. The undersigned hereby acknowledges receipt of the following
addenda:
Addendum Number:
Dated:
Signature
of Bidder:
Bidders
Address:
Telephone
Number:
Date:
Replacement of Overhead Doors:
D-2
.
.
NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION
(TO BE COMPLETED BY EACH BIDDER)
Bidder's CertificRtions'
A bidder will not be eligible for award of a contract under this Invitation for Bids unless such
bidder has submitted as a part of its bid the following certification, which will be deemed a part
of the resulting contract:
./
BIDDER'S CERTIFICATION
(Bidder)
Certifies that:
1. It intends to use the following listed construction trades in the work under the contract
and,
2.
A.
As to those trades set forth in the preceding paragraph one hereof for which
it is eligible under Part 1 of these Bid Conditions for participation in the
Nassau-Suffolk County Plan
It will comply with the said County area within the scope of coverage of
that Plan, those trades being:
and/or,
B. As to those trades for which it is required by these Bid Conditions to comply with
Part II of these Bid Conditions, it adopts the minimum minority man-power
utilization goals and the specific affirmative action steps contained in said Part II,
for all construction work (both state and non-state) in the afore-mentioned area
subject to these Bid Conditions, these trades being:
and,
3. It will obtain from each of its subcontractors and submit to the contracting or
administering agency prior to the award of any subcontractor under this contract the
subcontractor certification required by these Bid Conditions.
(Signature of Authorized Representative of Bidder)
Replacement of Overhead Doors:
E-1
THE
AMERICA.
NSTITUTE
eF
ARCHITECTS
I
AlA Document A20J
General Conditions of the Contract
,for Constroction
THIS DOCUMENT HAS lMPORTANT LEGAL CONSEQUENCES; CONSULTATlON
WlTH AN ATTORNEY lS ENCOURAGED WlTH RESPECT TO lTS MODlFlCA TlON
1987 EDITION
TABLE OF ARTICLES
1. GENERAL PROVISIONS
8. TIME
2. OWNER
9, PAYMENTS AND COMPLETION
3. CONTRACTOR
10. PROTECTION OF PERSONS AND PROPERTY
5. SUBCONTRACTORS
6. CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS
11. INSURANCE AND BONDS
12. UNCOVERING AND CORRECTION 6F WORK
4. ADMINISTRATION OF THE CONTRACT
13. MISCELLANEOUS PROVISIONS
7. CHANGES IN THE WORK
14. TERMINATION OR SUSPENSION OF THE
CONTRACT
This document has been approved :md endorsed by the AssocI:lted General Contr:lctors of America,
Copyright 1911. 1915, 1918, 1925. 1937. 1951. 1958, 1961. 1963, 1966. 1967. 1970, 1976. @1987byTheAmerlc:mlnstituteofArcltltects, 1735
New York, Avenue, N. W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation ofits provisions ~jthout written
permission of the AlA violates the copyright laws of the United States and wiD be subject to I~ prosecutions.
~.
m CAUTION: You should use an original AlA document which has .thls calolllon printed In red.
IMIiII An ortglnalassures that changes will not be obscured as may occur when dOl:uments are reproduced.
AlA ~--IT,A201 . GENERAL CONDITIONS OF TIlE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA- . @l987THEAMERlCANlNSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006
A201-11187 1
WARNING: UnIc8naed photIo copying vtoIateI u.s. copyrtght ... .nd .. 8Ubfect 10 '-PI pt'088CUIlon.
.
Acceptance of Nonconforming Work. . .9.6.6,9.9.3,12.3
AccepllUlceofWork ........... 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3
A_IoWork. ......... ...3.18,6.2.1,12.1
Accident Prevention. . . . . . . . . . . . . . . . , . . . . . .. 4.2.3, 10
Acts and Oml<slons 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
AddJtiorul1COst,C1almsfor......... 4.3.6,4.3.7,4.3.9,6.1.1,10.3
AddJtlorul11nspectlonsandTestlng....... 4.2.6,9.&.2,12.2.1,13.5
AddJtlorul1Tlme,CWmSfor...;......... 4.3.6,4.3.8,4.3.9,8.3.2
ADMINISTAATIONOFTHECONTRACT ....... 3.3.3,4,9.4,9.5
AdvertisementorlnvitationtoBid...................... 1.1.1
Aesthetic Effect. .... ...................,.... 4.2.13,4.5.1
A1lowal1CN ..... .......... ........ ...... 3.8
All-risk Insurance. ................................ 11.3.1.1
Appllcellons forPeymenl .. 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
Am_on. . . . . . . . . . . . . . . . . . .. 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
_........................................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.&.2,9.&.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'
A_eel'. A_ oflhe Controcl . . . . . . . . .. 4.2,4.3.6,
4.3.7,4.4,9.4,9.5
Archkect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.1&.3,4.2.7
Architect's Authority to Reject Work . 3.5.1,4.2.6,12.1.2,12.2.1
Archkect'sCopydght ............ ,.................... 1.3
Archkect'sDedslons.......... 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, &.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 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 ObseCV2tlons ..... . .. 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 Rebtionship 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 Subcontr:lctors.... 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' Fet's ... .. .. .. ... . ..... . ... .. '.IB.l, 9.10.2,10.1.4
Award of Separate Contracts. .... .. .................... 6.1.1
Awerd of S_ .nd Other Conlroclo for
P_oflheWork.............................. 5.2
BoolcDeflnlllono..... .. . ... ............ ............. 1.1
Bidding Requirements ................ 1.1.1,1.1.7,5.2.1,11.4.1
_r.ndMlIChlnttryl....ronce .............. .":...... 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
CopllllllZllllon....................................... 1.4
CertiflcateofSubstantialCompletion .................... 9.8.2
C__forPeyment....... 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
Certificatc:sofInspectlon, Tc:stlng or Approval ..... 3.12.11,13.5.4
CertificatesofInsur:mcc: .... . . . . . . . . . . . . .. 9.3.2,9.10.2,11.1.3
Ch.ngoOrdero. . . . .. 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
ChangeOrders,De:finitlonof... ................. 7.2.1
C"-............................................ 7.t
CHANGES IN THE WORK .... 3.11,4.2.8,7,8.3.1,9.3.1.1,10.1.3
Clalm,DtlftnlUonof................. ........ 4.3.1
Clolmund Dloput.. . . .. ........... 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
CIoIma end Timely _l1lon of CIIIlmo ................ 4.5.8
CloImofor_COOI........ 4.3.6,4.3.7,4.3.9,6.1.1,10.3
CIoIIIIlI for A_ Tlmo . . . . . . . . . . .. 4.3.6,4.3.8,4.3.9,8.3.2
CloImo for ConceoI8d or Unknown Condlttons. . . . . . . . . .. 4.3.8
Clalms for Damages.. .3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2,10.1.4
CIa1msSubfecttoArbitration................. 4.3.2,4.4.4,4.5.1
CIo8nIngUp ................................... 3.15,6.3
Comm."cemenlofSl8tutoryU,"""UonPotIod . ......... 13.7
Commencement of the Work, Conditions Relating to . . . .. 2.1.2,
2.2.1,3.2.1,3.2.2,3.7.1,3.10.1,3.12.6,4.3.7,5.2.1,
6.2.2, &.1.2, 8.2.2, 9,2,11.1.3,11.3.6,11.4.1 .
Commencement of the Work,Definition of .. ... B.1.2
Communications Facilitating Contract
Administration.... .. . ... .; 3.9.1,4.2.4,5.2.1
Completlon,COnditionsRe1atingto....... 3.11,3.15,4.2.2,4.2.9,
4.3.2,9.4.2,9.&,9.9.1,9.10,11.3.5,12.2.2,13.7.1
COMPLETION,PAYMENTsAND......................... 9
Completlon,SubsllUltial.......... 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
Compllimce 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
ConditlonsoftheContract .......... .. 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 011 BY SEPARATE
CONTRACTORS.............................. 1.1.4,8
Construction Clw1ge Dkectlve, Definition of. . . . . . . . . . . . .. 7.3.1
ConotructIonChengeDlrocU_.... 1.1.1,4.2.8,7.1,7.3,9.3.1.1
ConstructionSchedules,COntractor's ............... 3.10,6.1.3
ConUngont Ao.lgnmonl of SUbcon!roc" ................ 5.4
ConUnuIng Controcl Porformonce .. . . . . . . . . . . 4.3.4
Contract, Detinitionof...... ....... . .. ........ 1.1.2
CONTRACT, TERMINATION OR
SUSPENSION OF THE .. . . . . ... . . . . . . . .. 4.3.7,5.4.1.1,14
CoutraclAdmlnlstratlon .... ....... .......... 3.3.3,4,9.4,9.5
Contract Award and Execution, Conditions Re1atingto. . . . .. 3.7.1,
3.10, 5.2,9.2, 11.1.3, 11.3.6, II.H.
ConlroclDocumento, The....................... 1.1,1.2,7
Contract Documents, Copies Furnished and Use of. .. 1.3,2.2.5,5.3
ContractDocuments,Definitionof ..................... 1.1.1
COntractPerfonnancc:DuringArbitration............ 4.3.4,4.5.3
COnlroclSum................... 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
COntroclSum, DefinJtionof... ... . . . .......... ......... 9.1
ContraclTltne ................. 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,DeflnltIono~.......................... 8.1.1
2 A201-1987
AlA DOCUMENT A201 . GENERAL CONDmONS OF mE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA. . ~ 1987 THE AMERICAN INSTITUTE OF ARCHITECfS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
WARNING: UnIIcenHd pI1.cI4Up,JIng vtOIatea U.S. copyrtght........ and Is subJect to legal proI8Cutlon.
.
CONTRACTOR .. .... ..... . .,.. . . .... .... ... .. .... .. .. 3
Contractor,Deftnltionof .......... .,.....,........ 3.1,6.1.2
Contr2ctor's Bid. . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . ,. 1.1.1
ContrlCtor'.ConslJuctIonSchedules ..... . .. ..... 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
COnll'llCtor'.Uabllltylnou...-....................... 11.1
Contractor's Relationship with Separate Contractors
andOwner.sForces...... 2.2.6,3.12.5,3.14.2,4.2:4,6,12.2.5
Contractor's Relationshlpwith 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 Re1atlonshipwith the Architcct ,..' 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
Conr=tor'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
Perfonnlng 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
Conlr2ctor's Rightto Stop the Work .... '.,................ 9.7
Contractor's Right to Terminate the Contract . . . . . . . . . . . . .. 14.1
Contractor's Submittlls ... .... 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
COntr.lctor'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 Uability Insurance. . ......... 11.1.1.7,11.2.1
CoordinationandCorreIation ............... 1.2.2,1.2.4,3.3.1,
3.10,3.12.7,6.1.3,6.2.1
Copies Fumished ofDi'2wings and Specifications ... 1.3,2.2.5,3.11
CocrectionofWork..................... 2.3,2.4,4.2.1,9,8.2,
9.9.1.12.1.2.12.2,13.7.1.3
Cost, Deflnjtion of . . . . . . . . . . . . . . . . . . . . . . .. . . .. 7.3.6,14.3.5
Costs .. .. 2.4.3.2.1,3.7.4,3.8.2,3.15.2.4.3.6.4.3.7,4.3.8.1.5.2.3,
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
CutltIlll-P-IIlI........................... 3.14.6.2.6
Damage to Construction of Owner or Sepanlte 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
Dam2ge to the Work ..... 3.14.2.9.9.1.10.2.1.2.10.2.5.10.3.11.3
I>:un:qjes, CWms for.. 3.18.4.3.9.6.1.1,6.2.5,8.3.2.9.5.1.2,10,1.4
Damages for Deby. .................... 6.1.1.8.3.3,9.5.1.6,9.7
Date of COmmencement of the Work, Definitianaf..... .... 8.1.2
DateofSubsuntialCompletion, Definitionaf......... ..... 8.1.3
Day. Definition of. .................................. 8.1.4
Declsions 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
DaclaIonatoWllhhold~ .......... 9.5.9.7.14.1.1.3
Defective or Nonconforming Work, Acceptance,
Rejection and Correction of ............ 2.3, 2.4, 3.5.l,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
DelayundExtenalonaofTlme.......... 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
DocumentsandSamplesattheSite ...................... 3.11
Drawings, Deftnitionof ........ .' ............ ..... .... 1.1.5
Drawings and Speclflcatlons, Use and Ownershipoof. .... 1.1.1,.1.3,
2.2.5, 3.11, 5.3
Duty to Review COntract Documents and Fjeld Conditions. . . .. 3.2
Effective Dateoflnsurance ...................... 8.2.2,11.1.2
.
Emergenclel . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. 4.3.7,10.3
Employees,ContC2ctor'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, CorrelatIon and Intent of the
Contract Documents. . . . . . . . . . .. . . . . . . . . . . . 1.2,3.7.1
Extensions of Time ............. 4.3.1,4.3.8,7.2.1.3,8.3.10.3.1
Fallure of Payment by COmractor .. . .. 9.5.1.3,14.2.1.2
FallureofPaymembyOwner ............. 4.3.7,9.7,14.1.3
Faulty Work (See Defective o( Nonconforming Work)
Fln.ICOmpletlon.ndFlnaIPaymenl ........ 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
FJnandalArrangemeots, Owner's. ... .. .. .. .. ..... . .. 2.2.1
FJre and Extended Coverage Insuntnce . . . . . . . . . . . . . .. 11.3
GENERALPROVISIONS.............. ............... 1
GovemlIlllLlw...................... .....13.1
Guarantees (See Warranty and Warranties)
Hazardous Malerials ............................ 10.1,10.2,4
Identification of Contract Documents ................... 1.2.1
Identification ofSubcomractors and Suppliecs . . . . . . . . . . . .. 5.2.1
IndemnHleatlon....... 3.17,3.18.9.10.2,10.1.4,11.3.1.2.11.3.7
InIonnotlonendServlcesRaqulredofIheOwne~..... 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 D.mage to PanIOn o~ Proper1y . . . . . .. 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
InstcuctionstoBidders..:........................ ..1.1.1
Instructions to the Contractor .. .. 3.8.1,4.2.8,5.2.1,7,12.1,13.5.2
Insur:once. . . . . .. 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2,11
lnau......,_~__ry ........... .........11.3.2
lnau....... Contractor'I liability . . . . . . . . . . . .. . . . . . . . .. 11.1
ItlSt1t2Ilce, Effective Date af . . . . . . . . . . . . . . . . . . . .. 8.2.2, 11.1.2
Inou.......LoaaolU............................... 11.3.3
Inau.......Owne...UabIIIty. .......... ... ........,... 11.2
1_. Ptvper1y. . . .. .. . . . . . . . . . .. .. . . . . . .. 10.2.5.11.3
Insur.once.StoredM2terWs ...:................ 9.3.2,11.3.1.4
INSURANCE AND BONDS ........................... ..11
Insurance Companies, COnsenuo P2rt1al Occupancy . . 9.9.1, 11.3.11
Insurance COmpanies, Settlement with. ................ 11.3.10
IntentaftheContl'2ictDocuments .. ...... .... .... 1.2.3,3.12.4,
4.2.6.4.2.7, 4.2.12. 4.2.13, 7.4
,_...........................................13.6
\ntefprelatlon........ 1.2.5.1.4,1.5.4.1.1,4.3.1,5.1.6.1.2,8.1.4
Interpreutions. Written .................. 4.2.11,4.2.12,4.3.7
]oinderand ConsolidatiooofClaims Required ............. 4.5.6
Judgmenl on Final Awerd ................ 4.5.1.4.5.4.1,4.5.7
Lebor.nd MI_". 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
LaborDisputes . ....... .. ..... .. ..... ......... .. ... 8.3.1
LawsandReguIations ....... 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
limitation on Con8oIIdalIon or J_ ................ 4.5.5
Umitations, Statutes of . . . . . . . . . . . . .. .. . .. 4.5.4.2,12.2.6,13.7
Limitations of Authority ... .. .. . .. ..... . .... 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 DOCUIIENT 1.201 . GENERAL CONDITIONS Of THE CONTRACf fOR CONSTRucnON . fOURTEENTH EDITION
AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A201.1987 3
WARNING: Unllce_ ~ _ U.S. oopyrIghl_ ond Is oubjed to logaIpIOSOCUllon.
.
Limitations of Liability ..... 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,
10.1.4,10.2.5,11.1.2,11.2.1,11.3.7,13.4.2,13.5.2
Limitations of Time, GeneraJ ........... 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
UmitatlonsofTlme, 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
LoaofU..lnllU18nc:e....... .......... ........ .11.3.3
Materl21 Suppliers .............. 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, Haz:Hdous .. . . . . . . . . . . . _ .. 10.1,10.2.4
Materials,Labor,Equipmentand..... 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
ProceduresofConstroction. . . . . ... . .. 3.3.1,4.2.3,4.2.7,9.4.2
"1nor~lnlheW""'........ 1.1.1,4.2.8,4.3.7,7.1,7,4
.........' , aNEOUS PROVISIONS. 13
Modifications, Deftnitionof . . . ... . .... ... ... 1.1.1
Modifications 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
Mutu8I ReoponoIblllty . .. .. .. . .. . . .. . .. . . .. &,2
NOllconfonnlng Work, Aceeplanc. 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
Notlce,Wrftkln ............... 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 Inspections . ........... 13.5.1,13.5.2
Notice to Proceed. ................,.......,......... 8.2.2
N_,PermItII,F..._ ...... 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
Observations, Contractor's. . . . . . , . . , . . . . . . .. 1.2.2,3.2.2
Occupancy...... ... ........... .. ... 9.6.6,9.8.1,9.9,11.3.11
On-5ite Inspections by the Architect. . . . . . . . .. 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
Orders, Written. . . . , . 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, In_ Ind Servlcee 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
Ownec'sAuthority ... .. . ... 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's Financial Capability ................... 2.2.1,14.1.1.5
OWrw'ILIobIIItyInou18nc:e.......................... 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
OWrw'aRlght to Clean Up .... ... .... . .. . ..... ......... &.3
.
OWn.". Right to Perform ConstRIction end to
AwardSepe18teControc1e ..................... 6.1
Owner'a Right to Stop the Work. . . . . 2,3,4.3.7
Ownel"s RighuoSuspend the Work-. ..... .... 14.3
Owner's Right to Terminate the Contract. . . . . .. . . . . . .. 14.2
Own....hlp _ U.. 01 Architect'. D18wlng., Speclflcetlons
_OtherDocumenta.. .... ......... 1.1.1,1.3,"2.25,5.3
P.rtI8IDccupencyorU.. .. ........ 9.6.6,9,9,11.3.11
Patchlng,CUttlnglnd...... ................ 3.14,6.2.6
PatenIa, Roy8ItIeelnd ......... ..... 3.17
poyment, AppIIoetlonefor . . . . . .. 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
poyment, Cel'tlflceteafor. . . . . . . . . .. 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
Peyment,Fallureol.. .................. 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
Paym.ntBond,P.rformanceBondand ............ 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
P:.tyments to Subcontractors '....... _, 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
Permlta, F..._ Notlcee . . . . . .. 2.2.3,3.7,3.13,7.3.6.4,10.2.2
PERSONS AND PROPERTY, PROTECTION OF . . . . . . .. 10
Polychlorin:.ttedBiphenyl . ... .... . . .. ... ....... 10.1
ProductD:.tta:,Definitionof............. ...... 3.12.2
Product Data Ind SllmpIea, ShopDrewlnga '" 3.11,3.12,4.2.7
Prog.....ndCompletlon 4.2.2,4.3.4,8.2
Prog.... Plymenta ............... . . . . . .. 4.3.4,9.3,
9.6,9.8.3,9.10.3, 13.6, 14.2.3
Projoct,Dellnitionofthe............................. 1.1.4
ProjocIMenuoI,Definltlonofthe .... ........... 1.1.7
Project Manuals ............. .. 2.2.5
Project Representatives _................. _. . . . . .. . .. 4.2.10
ProperIylnaul8flCO ........................... 10.2.5,11.3
PROTECTION OF PERSONS AND PROPERTY. . . . . . . . . . . .. 10
RegutatlonsandLaws............ 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, 135.1, 13.5.2, 13.6, 14
Rejection of Work . . . .. .. . . . . . . . . . . . . . . . . .. 3.5.1,4.2.6,12.2
ReleasesofWaiverswdLiens.................,....... 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
Rl8OIu1Ion of ClalmUnd DIoputea . . .. . . . . . . . . . . . . .. 4.4,4.5
Responsibility for Those Performing the Work ..,......... 3.3.2,
4.2.3, 6.1.3, 6.2, 10
Retainage .. .. .... ....... 9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3
Review of Cont...,t Documenta and field
Conditions by Contrector ..... ..... .. 1.2.2,3.2,3.7.3,3.12.7
Review of Contractor's Subminals by
OwnerandArchjtect ............. 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 S:.tmplesby ContC3ctor ........................ 3.12.5
RlghtalndR_ ............. 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
Royolll..lndP01In1a................ ........ 3.17
4 A201-1987
AlA DOCUMENT A201 . GENERAL CONOmONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENnf EDITION
AlA. . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
WARNING: UnIIce_ pho~ vto..... U.S. copyright _ end Is MIbjecl to IegoI p_.
.
Ru....ndNotlcesforArbltl'llllon .................... 4.5.2
SalatyofPerwona.ndProparty....................... 10.2
SalatyPrecautlonundProg18ms ........... 4.2.3,4.2.7,10.1
samples, Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.12.3
Samplao, ShopD18wlnga, ProductD.ta.nd ... 3.11,3.12,4.2.7
SamplaoattheSIta,Documanta.nd.... .............. 3.11
SchadulaofValuaa.........,................... 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
Shop Drawings,Deflnitlonof .............,........,.. 3.12.1
ShopDrawlnga,ProductData.ndSampIao.... 3.11,3.12,4.2.7
SIt., Uaa of. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 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. . . . . . . . . . . . . . . ,_ 4,2.2,4.2.5.4.2.9,4.3.6,
9.4.2,9.5.1,9.8.2,9.9.2,9.10.1,13.5
SpecWInspectionsandTesting .............. 4.2.6,12.2.1,13.5
SpecIfIcIdIoM. Definition ofthe. ...................... 1.1.6
SpacllIcatlons, The. .. .. .. . .. 1.1.1,1.1.6,1.1.7,1.2.4,1.3,3.11
StrtutesofUmitations. . .. .... ..... ....... 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
StoredM>JerWs........ 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, Wock. by . . . . . . . .. 1.2.4,3.3,2,3.12.1,
4.2.3, 5.3, 5.4
Subcontractu.1 Ralatlons . . . . . . . . . 5.3, 5.4, 9.3.1.2, 9.6.2,
9.6.3,9.6.4,10.2.1, [1.3.7, 11.3.8, 14.1.1, 14,2.1.2, 14.3.2
Subm[ttl!s . .. 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
SubfaptIon,W.iv.18ol................. 6.1.1,11.3.5,11.3.7
_ 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, [2.2.2, 13.7
Subsuntial Completion, Defmitioo of. . . . . . . _ . . . . . . 9.8.1
substitutionofSubcontr:lctors .......... 5.2.3,5.2.4
substitutionoftheArchitect.......................... 4.1.3
Substitutions of Materials ............................ 3.5.1
Sub-subcontractor, Definition of . . . . . . . . . . .. 5.1.2
Subsurface Conditions. . . . . . . . . . . . . . . .. ............. 4.3.6
Sul:l:lllore8ndAaelgns ............................ 13.2
SUparl_............................... 3.9,10.2.6
~ ond ConaINctIon Procadui'aa . . . . .. 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, Consent of. ............... 9.9.1,9.10.2,9.10.3
Surveys. . . . . . . . . . . . . . . . .. . . . . . .. 2.2.2,3.18.3
.
SU8panslon by the Own., for Convenlal1C8 .......... 14.3
Suspension of the Work ........ 4.3.7,5.4.2,14.1.1.4,14.3
Suspensionorl'erminationoftheContrac(-...... 4.3.7,5.4.1.1,14
Tax.. ........................... . . . . .. 3.6,7.3.6.4
Tarmlnatlon by the Cont18ctor ......... ............. 14.1
Tarmlnallon by the Owner lor Cauee . 5.4.1.1, 14.2
TermlnationoftheArchltect ..... ............... 4.1.3
TerminationoftheContDctor........ ............. 14.2.2
TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14
Taetaond Inepectlon8 ..... 3.3.3,4.2.6,4.2.9,9.4.2,12.2.[,13.5
TIME .......... ............. .. .......... ......... 8
Tlme,DaIaya.ndExlen8lonsol .............. 4.3.8,7.2.1,8.3
TlmeLlmits,Specllic ......... 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.[,
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
TIma L1mlta on Clalm8. .. 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5
T[tleto Work. . . .. .. . . . . . . . . . . . . . . . . . .. . ... 9.3.2,9.3.3
UNCOVERING AND CORRECTION OF WORK ............. 12
UncovarlngolWorlt .. .. ...... 12.1
Unforeseen Conditions . . . . . . . . . .. 4.3.6,8.3.1, 10.1
Unit Prices. . . . . . . . . .. 7.1.4,73.3.2
Use of Documents .............. 1.1.1,1.3,2.2.5,3.12.7,5,3
UaaolSIta ............ 3.13,6.1.1,6.2.1
Vatuaa,Scheduleol ..... .. .......... 9.2,9.3.1
W.lvarolClaIm8: Final Payment. 4.3.5,4.5.1,9.10.3
Waiver of CIaims by the Architect. . .. 13.4.2
Waiver of Claims by the Contractor. . . . . . 9.10.4,11.3.7,13.4.2
Waiver of CIaims 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
WaiverofUens. ..................... 9.10.2
Waivers of Subrogation . .......... 6.1.1,11.3.5,11.3.7
W..-anty' 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 De12ys . . .. . . . . . . . . . . .. . . . . . . . . . .. 4.3.8.2
WhenArbl_nMayBaDamanded .................. 4.5.4
Work,Definltionof................................. 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
Written Interpretations. . . . . . . . . . . . . . . .' .. 4.2.11,4.2.12,4.3.7
Wrltt.~_ .. . . . . . . . .. 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
WrlnenOrders.............................. 2.3,3.9,4.3.7,
7,8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, [4.3. [
AlA DOCl:'C.lEf1T A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlAe.@1987THEAMERICANINsTITUTEOFARCHITECTS, 17:}5 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
WARNING: UnIIcenHd phalocapylng violates U.s. copvrIght 1_ Mdll wbtect to legal prosecution.
A201-1987 5
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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 ('.ontractor (hereinafter the Agreement), Conditions
of the Contract (Genem!, Supplementary and other Conditions),
Drawings, Specifications, addenda issued prior to execution of
the Contract, other documents listed in the Agreement and
Modifications issued after execution of the Contract. A Modifi-
cation is (I) a written amendment to the Contract signed by
both parties, (2) a Change Order, (3) a Construction Change
Directive or (4) a written order for a minor change in the Work
issued by the Architect. Unless specifically enumerated in the
Agreement, the Contract Documents do not include other
documents such as bidding requirements (advertisement or
invitation to bid, Instructions to Bidders, sample forms, the
Contractor's bid or portions of addenda relating to bidding
c<<}uirements).
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, dther 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 (I) between the Architect and Con-.
tractor, (2) between the Owner and a Subcootr.ilCtor 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 ob1lgatlons 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 ob1lgations. 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 m,aterials, equip-
ment, construction systems, standards and workmanship for
the Work, and performance of related services.
1.1.7 THE PROJECT MANUAl
The Projecl 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 10cal 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 comp1etion of the
Work by the Contractor. The Contract Documents are comple-
mentary, and what is required by one shall be as binding as if
required by all; performance by the Contractor shall be
required only to the extent consistent with the Contract Docu-
ments and reasonabiy inferable from them as being necessary
to produce the intended results.
1.2.4 Organization of the Specifications into divisions, sections
and articles, and arr.mgement 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-
tty meartlngs are used in the Contract Documents in accord-
ance with such recognized meanings.
1.3 OW_IP AND USE OF ARCHITECT'S
DRAWINGS, SPECIFICATIONS AND OTHER
DOCUMENTS
1.3.1 The Drawings, Specifications and other documents
prepared by the Architect are Instruments of the Arc\tltect's
service through which the Work to be executed by the Con-
tractor is described. The Contractor may retain one contract
record set. Neither the, Contractor nor any Subcontractor, Sub-
subcontractor or material or equipment supplier shall own or
claim a copyright in the Drawings, Specifications and other
documents prepared by the Architect, and unless otherwise
Indicated the Architect shall be deemed the author of them and
will retain all common law, statutory and other reserved rightsr
in addition to the copyright. All copies of them, except the
Contractor's record set, shall be returned or suitably accounted
for to the Architect, on request, upon completion of the Work.
The Drawings, Specifications and other documents prepared
by the Arc\tltect, and copies thereof fumisbed 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 AlD1 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlAe. @19871lfEAMBRICANINSTlTUfEOFARCHITBCTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
WARNING: Unllceneed photo copying violates US. copyright laws and Is subfect to legal prosecution.
,.
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Wark without the specific written consent of the Owner and
Architect. The Contractor, Subcontractors, Su~subcontractors
and material or equipment suppliers are granted a limited
license to use and reproduce applicable ponions of the Draw-
ings, Specifications and other documents prepared by the
Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All-copies made under
this license shall bear the statutory copyright notice, if any,
shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet
official regulatory requirements or for other purposes in con-
nection with this Project is not to be construed as publication
in derogation of the Architect's copyright or other reserved
rights.
1.4 CAPITALIZATION
1.4.1 Terms capitalized in these General Conditions lriclude
those wWch are (I) specifically defined, (2) the tities of num-
bered articles and identified references to Paragr:iphs, Subpara-
graphs and ciauses in the document or (3) the tities 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 "an" and "any" and arti-
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 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 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 "FORMATION AND SERVICES
REOUIlED OF THE OWNER
2.2.1 The Owner shall, at the request of the Contractor, prior
to execution of the Agreement and promptiy from time to time
thereafter, furnish to the Contractor reasonable evidence that
fmanclal arrangements have been made to fulflll the Owner's
obligations under the Contract. [Note, Unless su<:b reasonable
evidence were furnished on request ,prior to the execution of
the Agreement, .,the prospective contractor would not be
required to execute tbe Agreement or to commence t';e Work.]
2.2.2 The Owner shall furnish surveys describing physIcal
characteristics, legal limitations and utllity locations for the site
of the Project, and a iegal description of the site.
2.2.3 Except for permits and fees which are-'lhe responsibillty
of the Contractor under the Contract Documents, the Owner
shall secutt and pay for necessary approvals, easements, assess--
.
ments and charges required for construction, use or occupancy
of pennanent 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 reasonabie promptness to
avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documertts,
the Contractor wlll be furnished, free of charge" such copies of
Drawings and Project Manuals as are reasonably necessary for
execution of the Work;
2.2.6 The foregoing are in addition to other duties and respon-
sibilities of the OWner enumerated herein and especially those
in respect to Article 6 (Construction by Owner or by Separate
Contractors), Article 9 (Payments and Completion) and 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 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 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-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, including compensation for the Architect's additional
services and expenses made necessary by such default, neglect
or failure. Such action by the Owner and amounts charged to
the Contractor are both subject to prior approval of the Archi-
tect. If payments then or thereafter due the Contractor are not
sufficient to cover such amounts, the Contractor sha11 pay the
difference to the Owner.
ARTICLE 3
CONTRACTOR
3.1 DEFIlITION
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 siriguJar in number. The tean "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: Unllceneed photGeQ,w!ng vIoIatee u.s. copyright I8ws and illUbfect to ltig8' plQMCUtlon.
A201.1987 7
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3.2 RJ<VEW OF CONTRACT DOCUMENTS AND
FIELD CONDITIONS BY CONTRACTOR
3.2.1 The Contractor shall carefully study and compare. the
Contract Documents with each other and with information
furnished by the Owner pursuant to Subparagraph 2.2.2 and
shall at once report to the Architect errors, inconsistences or
omissions discovered. The Contractor shall riot be liable to the
Owner or Architect for damage resulting from errors, inconsis-
tendes or omissions in the Contract Documents unless the
Contractor recognized such error, inconsistency or omission
and knowingly failed to report it to the Architect. If the COn-
tractor performs any construction activity knowing it involves
a recognized error, inconsistency or omission in the Contract
Documents without such notice to the Architect, the Contrac-
tor shall assume appropriate responsibility for such perfor-
mance and shall bear an appropriate amount of the attributable
costs for correction.
3,2.2 The Contractor shall take field measurements and verify
field conditions and shall carefully compare such field mea.-
surements and conditions and othe;r 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 ParagrapIl3.12.
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
2nd 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 Wark in accordance with the Contr.tct Documents
eidler by activities or dupes 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 slull provide and pay for labor, materials, equip-
ment, tools, construction equipment and machinery, water,
heat, utilities, transportation, and other facilities and senrices
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 sl'flIl 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 tile Owner and Arcl1itect that
materials and equipment furnished under the Contract will be
of good quallty 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 requited 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 fQr 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 sh3U 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, ~ AND NOTICES
3.7.1 Unless otherwise provided in the Contract Docwnents,
the Contractor sh2l1 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 2SCert2in 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 Docwnents are _ at variance therewith, the Contctctor
shall promptly notify the Arcl1itect and Owner in writing, and
necessary changes shall be accomplished by appropriate
Modification.
3.7.4 If the COntractor.perfonns Work knowing it to be con-
trary to laws, statutes, ordirtances, 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 AUOWANCES
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 sucll
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
sdected 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 uade Qiscounts;
8 A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA. . @1987THEAMERICANJNSTlTUTEOF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
WARNING: Unl_ p1..~ violates US. copyrIghl_ _18 oubject III legal 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 (1) the difference between actual costs and the
:illowances 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 tile Work. The superinten-
dent shall represent the Contractor, and communications given
to the superintendent sl1all be as binding as if given to tile Con-
tractor. Important communications shall be confirmed in writ-
Ing. Otller communications sl1all be simIlarly confirmed on
written request in each case.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
3.10.1 The Contractor, promptiy after being awarded the Con.
tract. shall prepare and submit for tile Owner's and Architect's
information:it Contractor's construction schedule for the Work.
The schedule sh2ll not exceed time limits current under the
Contract Documents, shaI1 be revised at appropriate intervals as
required by the conditions of tile 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 nle Contractor shall prepare md 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 shaI1 maintain at the site for tile Owner
one record copy of the Drawings, Specifications, addenrla,
Change Orders and otller Modifications, in good order and
marked currentiy to record changes and selections made during
construction, and in addition approved Shop Drawings, Prod.
uct Data, Samples and similar required submittals. These shaI1
be available to the Architect and shaI1 be delivered to tile Archi-
tect for submittal to the OWner upon ~ompletion of the Work.
3.12 SHOP DRAWIlGS, PRODUCT DATA AND SAMPLES
3.12.1 Shop Drawings are drawings, diagrams, schedules and
otller rlata 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
1
.
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 tile limitations of Subparagraph 4.2.7.
3.12.5 The Contractor shall review, approve and submit to tile
Architect Shop Drawings, Product Data, Samples and similar
submittals required by the Contract Documents with reason-
able promptness and ii1 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 ponion of the Work
requiring submittal and review of Shop Drawings, Product
Data, Samples or similar submittals until the respective submit-
tal has been approved by the Architect. Such Work sl1all 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 tile Contractor has determined and verified matetials, field
measurements and field construction criteria related thereto, or
wlll do so, and has checked and coordinated tile information
contained within such submittals with the requirements of tt;te
Work and of the Contract Documents.
3.12.8 The Contractor shall nor be relieved of responsibility
for deviations from requirements of the Contract Documents
by tile 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-
tect'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 tile Architect is
not expected to take responsive action may be so identified in
the Contract Documents.
3.12.11 When professlon21 certification of performance ctiter1a
of matetials, systems or equipment is required by the Contract
Documents, tile Architect shaI1 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 tile 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 shaI1 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 sl1all not r1amage or enr1anger a portion
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
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Owner or a separate contractor except with written consent of
the Owner 2nd of such separate contractorj such consent shall
not be unreasonably witbhe1d. 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 tbe ptemises and surround-
irig area fre_c from accumulation of waste materials or rubbish
caused hy 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 tbe Contractor fails to clean up as provided In tbe
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 llcense fees.
The Contractor shall defend suits or clalms for Infringement of
patent rights and sha11 hold tbe Owner and Architect harmless
from loss on account thereof, but shall not be responsible for
such defense or loss when a particular design, prooess or prod-
uct of a particular manufacturer or manufacturers is required by
the Contract Docwnents. However, if the Contractor has rea~
son to believe that the required design, process or product is an
infringement of a patent, the Comractor shall be responsible for
such loss unless such information is promptly furnished to the
Architect.
3.18 INDEMNIfICATION
3.18.1 To tbe fullest extent permitted by law. tbe Contractor
shall indemnify and hold harmless tbe Owner, Architect, Archi-
tect's consultants, and agents and employees of any of tbem
from and against claims. datruIges. losses and expenses, includ-
ing but not IJrnited to attorneys' fees, arising out of or resulting
from performance of tbe Work, provided tbat such clalm, dam-
age, loss or expense Is attributable to bodlly Injury, sickness.
disease or deatb, or to Injury to or destruction of tangible prop-
erty (otber tban tbe Work Itself) including loss of use resulting
tberefrom, but only to tbe extent caused in whole or In part by'
negligent acts or orn.lssions of the Contractor, a Subcontractor,
anyone directly or Indirectly employed by tbem or anyone for
whose acts tbey may be liable, regardless of whetber 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 tbls Paragraph 3.18.
3.18.2 In claims against any person or entity Indemnified
under tbls Paragraph 3.18 by an employee oftbe COntractor, a
Subcontractor. anyone directiy or Indirectiy employed by tbem
or anyone for whose acts they may be liable, the indemnifica~
tlon obligation under this Paragraph 3.18 shall not be limited by
a limitation on amount or type of damages, compensation or
benefits payable by or for the Contractor or a Subcontractor
under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
3.18.3 The obligations of tbe Contractor under tbls Paragraph
3. I 8 shall not extend to tbe liability of tbe Architect, tbe 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) tbe giving of or tbe faUure to give directions or
instructions by the Architect, the Architect's consultants, and
agents and employees of any of them provided such giving or
failure to give is the primary cause of the injury or damage.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 ARCHITECT
4.1.1 The Architect Is tbe petsOn lawfully llcensed to practice
architecture or an entity lawfully practicing architecture Iden-
tified as such In tbe Agreement and Is referred to tluoughout
the Contract Documents :as. if singular in number. The term
"Architect" means tbe Architect or tbe Architect'sautborized
representative.
4.1.2 Duties, responsibilities and limitations of authority of the
Architect as set fortb In tbe COntract Documents shall not be
restricted, modified or extended without written consent of the
Owner, Contractor and Architect. Consent shall not be unrea-
sonably witbheld.
4.1.3 In case of termination of employment of tbe Architect,
tbe Owner sha11 appoint an architect against whom tbe COn-
tractor makes no reasonable objection and whose status under
tbe COnrract 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 wili provide adminisrration of tbe Contract
as described In tbe Contract Documents, and will be tbe
Owner's representative (I) during construction, (2) untO final
payment is due and (3) with the Owner's concurrence, from
lime to lime during tbe correction period described In Para-
graph 12.2. The Architect will advise and consult witb tbe
Owner. The Architect will have autbority to act on behalf of tbe
Owner only to tbe extent provided In tbe COnrract Documenp;,
unless otberwise modified by written Instrument In accordance
wltb otber provisions of the COntract.
4.2.2 The Architect will visit tbe site at Intervals approptlate to
tbe stage of construction to become generally f.unUIar witb tbe
progress and quality of tbe completed Work and to determine
In general If tbe Work Is being performed In a manner indicat-
Ing tbat tbe Work, when completed, will be In accordance with
tbe COntract Documents. However, tbe Architect will not be
required to make exhaustive or continuous on..site inspections
to check quality or quantity of tbe Work. On tbe 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 defidendes In tbe Work.
4.2.3 The Architect will not have control over or charge of and
will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are
solely the Contractor's responsibility as provided In Paragraph
3.3. The Architect wUl not be responsible for tbe 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~
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tractor, Subcontractors, or their agents or employees. or of any
other persons performing portions of the Work,
4.2.4 Communlcallons FacllItatlng Contract Adml~
lion. Except as otherwise provided In the Contract Documents
or when direct conununications have been spedally autho.
rized. the Owner and Contractor shall endeavor to communi-
cate through the Architect. CommunlcaUons by and with the
Architect's consuitants shall be through the Architect, Commu-
nications by and with Subcontracto.fS 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 eV2luations of
the Contractor's Applications for Payment, the Architect will
review and certify the amounts due the Contractor and will
issue Certificates for Payment in such amounts.
4.2.6 The Architect will have authority to reject Work which
does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable for implementa-
tion of the intent of the Contract Docwnents, the Architect will
have authority to require addiUonallnspectlon or tesUng of the
Work In accordance with Subparagraphs 135,2 and 135,3,
whether or not such Work is fabricated, inst2lled 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<.10r's submittals such as
Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with Information
given and the design concept expressed in the Contract Docu~
ments. The Architect's action will be taken with such reason-
able promptness as to cause no delay in the Work or Hi 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 2ccuracy
and completeness of other details such as dimensions and
qU2l1tities, Or for subst2ntlating instructions for inst2llatlon or
performance of equipment or systems, all of which remain the
responsibility of the Conlr.lClor as required by the Contract
Documents. The Arc;hitect's review of the Contractor's submit.
taIs shall not relieve the Contractor of the oblig2tions under
Paragraphs 3.3, 35 and 3,12. The Architect's review shall not
consUrute approval of safety precauUons or, unless otherwise
specifically stated by the Architect, of any construcUon 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.
4.2.6 The Architect will prepare Change Orders and Construc-
tion Change DlrecUves, and may authorize minor changes In
the Work as provided In P:lragraph 7.4,
4.2.9 The Architect will conduct inSpections to determine the
date or dates of Substantial Completion and the date of flna1
completion, will receive and fOCW2Cd to the Owner for the
Owner's review and records written warranties and related
docwnents required by the Contract and assembled by the
Contractor, and will Issue a final CerUflcate for paymenr 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,
responslblliUes and limltaUons of authority of such project
representatives shall he 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 perfonnance under arid 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 InterpretaUons required of the Architect shall be fur-
nished In compliance with this Paragraph 4,2, then delay shall
not be recognized on account of failure by the Architect to fur-
nish such interpretations until 15 days after written request is
made for them.
4.2.12 Interpretations and decisions of the Architect will be
consistent with the Intent of and reasonably Inferable from the
Contract Documents and will be In writing or In the fonn of
drawings, When making such Interpretations and decisions, the
Architect will endeavor to secure faithful perfonnance 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 flnal if consistent with the Intent expressed In rhe
Contract Documents.
4.3 ClAIMS ANO 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-
tltion 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 ma.tters in ques-
tion between the Owner and Contf3ctor arising out of or relat.
Ing to the Contract Cbims musr be made by written notice.
The responslblllty to substantiate Claims siull rest with the
party making the Claim,
4.3.2 Declelon of An:hItect Cbims, Including those alleging
an error or omission by the Architect, shall be referred InIUally
to the Architect foracUon as provided In Paragraph 4.4. A deci-
sion by the Architect, as provided In Subparagraph 4.4.4, shall
be required as a condiUon precedent to arbitraUon or litigation
of a Claim between the Contractor and Owner as to all such
matters arising prior to the date flnal payment is due, regardle$S
of (I) whether such matters rel:lle to execuUon and progress of
the Work or (2) the extent ro which the Work has been com-
pleted, The decision by the Architect In response to a Claim
shall not be a condiUon precedent to arbitration or liUgaUon In
the event (I) 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
acUon required under Subparagraph 4.4.4 within 30 days aft~r
the Claim Is made, (4) 45 days have passed after the Claim has
been referred to the Architect or (5) the Claim relates'to a
mechanic's lien.
4.3.3 Time Uml18 on Claims. Cbims by either party must be
made within 2 I 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, Cbims
must be made by written noUce, An additional Claim made
after the lnitlal Claim hos been implemented by Change Order
wUl not be considered unless submitted in a timely manner.
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4.3.4 ConUnulng Contract Performance. pendJng final reso-
lution of a Claim Including arbitration, unless otherwise agreed
In writing the Contractor shall proceed dlUgently with perfor-
mance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents.
4.3.5 Waiver of Claims: Final Payment. The making of final
payment shall constitute a waiver of Claims by the Owner
except those arising from:
., liens, Claims, security interests or encumbrances aris~
ing out pC 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 CondltlolUl. If con-
ditions are encountered at the site which are (1) subsurface or
otherwise concealed physical conditions wWch differ materi-
ally from those indicated in the Contract Documents or (2)
un1cnown physical conditions of an unusual nature, wWch 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 afrer first observance of the conditions. The AreW-
teet will promptly investigate such conditions and, if they differ
matedally and cause an increase or decrease in the Contractor's
cost of, or time required for, performance of my part of the
Work, will recommend an equitable adjustment in the Contract
Sum or Contract Time, or both. If the Architect determines that
the conditions at the site are not materially different from those
indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall so notify
the Owner md Contractor in writing, stating the re2SOns.
Claims by either party in opposition to such determination"
must be made within 21 days afrer the Architect has given
notice of the decision. If the Owner and Contractor cannot
agree on an adjustment in the Contract Swn or Contract Time,
the adjustment shall be referred to the Architect for initial deter-
mination, subject to further proceedings PUrsU20t to Paragraph
4.4.
4.3.7 ClaIms for AcIcIItIonaI Coat. If the Contractor wishes to
make Claim for an increase in the Contract Sum, written notice
as provided herein shall be given before proceedJng to execute
the Work. Prior notice Is not required for CIalms relating to an
emergency endangering life or property arising under Para-
graph 10.3. If the Contractor belleves additional cost is
involved for reasons including but not UmIted to (1) a written
interpretation from the ArchItect, (2) an order by the Owner to
stop the Work where the Contractor was not at bult, (3) a writ-
ten order for a minor change in the Work issued by the Archi~
tecto (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 e<tablished herein.
4.3.6 Claims for Additional Time
4.3.8.1 If the Contractor wishes to make Claim for m 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.
4.3.6.2 If adverse weather conditions are the basis for a Claim
for additional time, such C1aIm shall be documented by data
.
substantiating that weather conditions were abnonnat 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 III Ptrson 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 parry, of any of the
other party's employees or agents, or of others for whose acts
such party is legally Uable, written notice of such injury Ot
damage, whether or not insured, shall be given to' the other
party within a reasonable time nOt exceeding 21 days afrer 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 ArcWtect will review Claims and take one or more of
the following preliminary actions within ten days of receipt of a
Claim: (I) request additional supporting data from the c1aimant,
(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 aiso, but is not obllgated 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 shall. within ten days afrer the Architect's pre1lminary
response, take one or more of the following actions: (1) submit
additional supporting data requested by the Architect, (2)
modify the initial C1aIm 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 AreWtect's declsion will be made within
seven days. which declslon shall be final and bindJng on the
parties but subject to arbitration. Upon expiration of such time
period, the AreWtect will render to the parties the ArcWtect's
written decision relative to the C1aIm, 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 def.tult,
the Architect may, but is not obllgated to, notify the surety and
request the surety's assistmce in resolving the controversy.
4.5 ARBITRATION
4.5.1 Controverslea end Claims Subject III AItlItndlon. Any
controversy or Claim arising out of or related to the Contract,
or the breach thereof, shall be settled by arbitration in aocor-
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 declslon 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 afrer a Claim
has been referred to the Architect as provided In Paragraph 4.3
and no decision has been rendered.
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4.5.2 Rules and NotIces for AltIItratIon. CIalms between the
Owner and ConlI3ctor not resolved under Paragraph 4.4 shall,
if subject to arbilI3tion under Subparagraph 4.5.1, be decided
by arbilI3tion in accordance with the COnstruction Industry
ArbilI3tion Rules of the American ArbilI3tion Association cur-
rently in effect, unless the partIes mutually agree otherwise.
NOtlce of demand for arbilI3tion shall be rued 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 rued with the Architect.
4.5.3 Contmct PerIonnance During Arbltratlon. During arbi-
tration proceedings, the Owner and Contractor shall comply
with Subparagraph 4.3.4.
4.5.4 When ArbltratIon MayBe Demanded. Demand for arbi-
lI3tion of any Claim may not be made unill the earlier of (I) the
date on which the Architect has rendered a final written deci-
sion on the Claim, (2) the tenth day after the parties have pre-
sented e\idence to the Architect or have .been given reasonable
opportunity to do so, if the Architect has not rendered a fin21
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 arbilI3tion 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 m2ldng
the demand receives the final written decision, then failure to
demand arbitration within s21d 30 days' period shall result in
the Architect's decision becoming fin21 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 arbilI3tion shall 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
after the date when institution of 1eg2l or equitable proceedings
based on such Claim would be barred by the applicable statute
of limitations as determined pursuant to Paragraph 13.7.
4.5.5 LImItation on ConeoIIdatlon or Joinder. No arbilI3tion
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 spedfic reference to the Agree-
ment and signed by the Architect, Owner, Contractor and any
other person or entity sought to be joined. No arbitration sh21I
include, by consolidation or joinder or in any other manner,
partIes other than the Owner, COntractor, a separate conlI3c-
tor as described in Article 6 and other persons suhstantially
involved in a common question of fact or law whose presence
is requirc..'Cl if complete relief is to be accorded in arbitration. No
person or entity other than the Owner, Contractor or a separate
conlI3ctor 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 additlon21 person or entity duly conknted to by parties
to the Agreement shall be specifically enforceable under appli-
cable law in any court having jurisdiction thereof.
- -- -T-
.
4.5.6 Claims and Timely Assertion of Claims. A party who
files a notice of demand for arbitration must assert in the
demand all Claims then known to that party on which arbitra-
tion is permitted to be demanded. When a party fails to include
a Claim through oversight, inadvertence or excusable neglect,
or when a Cl2lm has matured or been acquired subsequently,
the arbitrator or arbitrators may permit amendment.
4.5.7 Judgment on Final Award. The award rendered by the
arbitrator or arbitrators shall be final, and judgment may be
entered upon it in accordance with applicable law in any court
having jurlstliction thereof.
ARTIClE 5
SUBCONTRACTORS
5.1 DEflNIl"lONS
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
OIt the site. The term "Subcontractor" is referred to throughout
the Contract Documents as if singular in number and means a
Subcontractor or an authorized representltive 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 i1
portion of th~ Work at the site. The term "Sub-subcontractor"'
is referred to throughout the Contract Documents as if singulair
in number and means a Sub-subcontractor or an author1zd:1
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 Docwnents 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 sped2l design) proposed for each princip21 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 investlgation, has reasonable objection to
any such proposed person or entity. Fallure of the Owner or
Architect to reply promptly shall constitute notice of no reason"
able objection.
5.2.2 The ConlI3ctor shall not contract with a proposed per-
son or entity to whom the Owner or Architect has I1l2de CCIi-
sonable and timely objection. The COntractor shall not bt
required to contract with anyone to whom the Contractor has
made reasoll2ble 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 I 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 ~ A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUcnON . FOURTEENTH EDITION
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5.3 SUBCONTRACTUAL RELATIONS
5.3.1 By appropriate agreement, written where legally requited
for v:illdity, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor,
to be bound to the Contractor by terms of the Contract Docu-
ments, and to assume toward the Contractor all the obligations
and responsibilities which the Contractor, by these Docu-
ments, assumes toward the Owner and Architect. Each subcon-
tract agreement shall preserve and protect the rights of the
Owner and Architect under the Contract Documents with
respect to the Wark to be performed by the Subcontractor so
that subcontracting thereof will not prejudice such rights, and
shall allow 1:0 the Subcontractor, unless specifically provided
otherwise in the subcontract agreement, the benCtit 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 m2ke copies of applicable portions of such documents
available to their respective proposed Sub4subcontractors.
5.4 cotfrIolQENT 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 OWNEft'S RIGHT TO PERFORM CONSTRUCTION
AND TO AWAItD 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.
lions 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 Contrnctor clalms 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.
8.1.2 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 shall cooperate with
them. The Contractor shall participate with other separate con-
tractors and the Owner in reviewing their construction sched-
ules when directed to do so. The Contractor shall make any
revisions to the construction schedule and Contract Sum
deemed necessary after a joint review and mutual agreement.
The construction schedules shall then constitute the schedules
to be used by the Contractor, separate contractors and the
Owner until subsequently revised.
6.1.4 Unless otherwise provided in the Contract-Documents,
when the Owner performs 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, II
and ]2.
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
Docwnents.
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 shallpromptiy remedy d.artuge 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 reclprocal obligations.
6.2.6 The Owner and each separate contractor shall have the
same responsIbilities for CUlling and patching as are described
for the Contractor in Paragraph 3.14. .
6.3 OWNER'S RIGHT TO CLEAN UP
8.3.1 If a dispute arises among the Contractor, separate con.
tractors and the Owner as to the responsibility under their
respective contracts for fIl2intainlng the premises and surround-
Ing area free from waste materials and rubbish as described in
Paragraph 3.15, the Owner may clean up and allocate the cost
among those responsible as the Architect determines to be just.
14
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ARTICLE 7
CHANGES IN THE WORK
7.1 CHANGES
7.1.1 Changes in the Work may be accompUshed after execu-
tion of the Contract, and without invalidating the Contract, by
Change Order I Construction Change Directive or order for a
minor change in the Work, subject to the limitations stated in
this Article 7 and elsewhere in the Contract Documents.
7.1.2 A Change Order shall be based upon agreement among
the Owner, Contractor and Architect; a Construction Change
Directive requires agreement by the Owner and' Architect and
mayor may not be agreed to by the Contractor; an order for a
minor change in the Work may be issued by the Architect
aIone.
7.1.3 Changes in the Work shall be performed under appli-
cable provisions of the Contract Documents, and the Contrac-
tor shall proceed promptiy, unless otherwise provided in the
Change Order, Construction Change Directive or order for a
minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or
subsequently agreed upon, and if quantities originally con-
templated are so changed in a proposed Change Order or Con-
struction Change Directive that application of such unit prices
to quantities of Work proposed will cause substantial inequity
to the Owner or Contractor, the applicable unit prices shall be
equitably adjusted.
7.2 CHANGE ORDERS
7.2.1 A Change Order is a written instrument prepared by the
Architect and signed by the Owner, Contractor and Architect,
stating their agreement upon all of the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if
any; and
.3 the extent of the adj.ustment in the Contr:ilct Time, if
any.
7.2.2 Methods used in determining adjusunents to the Contract
Sum may include those listed in Subparagraph 7.3.3.
7.3 CONSTRUCTION CHANGE DllECTIYES
7.3.1 A Construction Change Directive is a written order pre-
pared by the Architect and signed by the Owner and Architect.
directing a change in the Work and stating a proposed basis for
adjustment, if any, in the Contract Sum or Contract Time, or
both. The Owner may by Construction Change Directive.
without invalidating the Contract, order changes in the Work
within the general scope of the Contract consisting of addi-
tions, deletions or other revisions, the Contract Sum and Con.
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 Ch2nge 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 agreed upon;
.
.3 cost to be determined in a manner agreed upon by
the panles 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 any, provided
in the' Construction Change Directive for determining the pro.
posed adjustment in the Contract' Sum or Contract Time.
7.3.5 A Construction Change Directive signed by the Contrac-
tor indicates the agreement of the Contractor therewith, induct.
ing adjustment in Contract Sum and Contract Time or the
method for determining them. Such agreement shall be effe~-
tive inunediately and shall be recorded as a Change Order.
7.3.6 If the Contractor does not respond promptly or disagrees
with the method for adjustment in the Contract Sum, the
method and the adjustment shall be determined by the Archl-
teet on the basis of reasonable expenditures and savings of
those performing_ the Work attributable to the cfwlge, includ.
ing, in case of an increase in the Contract Sum, a reasonable
allowance for overhead and profit. In such case, and also undftr
Clause 7.3.3:3, the Contractor shall keep and present, in sum
form as the Architect may prescribe, an itemized accounting
together with appropriate supporting data. Unless otherwi.~e
provided in the Contract Documents, costs for the purposes <l>f
this Subparagraph 7.3.6 shall be limited to the foDowing,
.1 costs of iabor. including social security, old age and
unemployment insurance, fringe benefits required by
agreement or custom, and workers' or workmeni's
compensation insurance;
.2 costs of materials, supplies and equipment, includ.
iog cost of transponation, whether incorporated (j)r
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 perso~-
nel directiy attributable to the change.
7.3.7 Pending fina1 determination of cost to the Ownq,
amounts not in dispute may be included in Applications f<l>r
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
change, the allowance for overhead and profit shall be figur<id
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 tije
adjustment in Contract Time or the method for determining it,
the adjustment' or the method shall be refereed 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
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7.4 MINOfI CHANGES IN THE WORK
7.4.1 The Architect will have authority to order minor changes
in the Work not involvfu.g 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 DE.....ITIONS
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 tlte Agreement. The date shall not be postponed
by the failure to act of the Contractor or of persons or entities
for whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified
by the Architect in accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall
mean calendar day unless otherwise specifically defined.
8.2 PROGRESS AND COMPlETION
8.2.1 Time limits stated in the Contract Documents are of the
essence of the Contract. By executing the Agreement the Con-
tractor conf1ltl1S 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 fumished by tlte
Contractor. The d2te of conunencement of the Work shall not
be changed by the effective date of such insurance. Unless the
date of commencement is esrablished by a notice to proceed
given by the Owner, the Contl':ilctor shall notify the Owner in
writing not less than five days or other agreed period before
commencing the Work to pennit the tltnely Illiug of mortgages,
mechmic'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 deUveries, 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
appUcable 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 Wark under
the Contract Documents.
9.2
SCHEDULE OF VALUES
9.2.1 Before the first Application for Payment, the Contractor
shall submit to the Architect a schedule of values allocated to
various portions of the Work, prepared in such form and sup-
ported by such data to substantiate its accuracy as the Architect
may require. This schedule, unless objected to 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 foc" Payment for operations completed
in accordance with the schedule of values. Such application
shall be notarized, if. required, and supported by such data
substantl2ting 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 Docwnenrs.
9.3.1.1 Such appUcations 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 appUcations 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 locor.
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 tho
Owner's interest, and sha11 include appUcabie insuranoe,
storage and transportation to. the site for such materlals and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by
an Application for Pa.~ent wUl p2SS to the Owner no later than
the time of payment. The Contractor further warrants that
upon submittal of an Appilaition 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 CERTFlCATES FOR PAYMENT
9.4.1 The Architect will, within seven days after receipt of the
Comractor's Application for Payment, either issue to the
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Owner a Certificate for Payment, with a copy to the Contr.lC-
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 certillcation in whole or in
pan 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 aceor-
dance with the Contract Documents. The foregoing represema~
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 spedIlc 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 ascertain how or for what: purpose the Contrac-
tor has used money previously paid on account of the Contract
Sum.
9.5 DEa5IONS 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
Architet.'1:'S opinion the representations to the Owner required
by Subparagraph 9.4.2 cannot be made. If the Architect is
urutble 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
2gftt on a revised amount, the Architect will promptly issue a
Certificate for Payment for the amount fqr which the Architect
is able to make such representations to the Owner. The Archi-
tect may aiso 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 neoessary in the
Architect's opinion to protect the Owner from loss because of:
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicat-
ing probable filing of such claims;
.3 failure of the Contractor to make payments prop-
erly to Subcontractors or for labor, materials or
equipment;
.4 reasonable evidence that 'the Work cannot be com~
pleted for the unpaJd 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 damages for the anticlp:lted deby; or
~1 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, rellecting 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 actiQn
taken thereon by the Architect and Owner on account of pdlr~
tions of the Work done by such Subcontractor.
9.6.4 Neither the Owner nor Architect shall have an obllgatl<1>n
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 ~
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 panlal
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 establisbed in the Contract Documents the amount cer-
tilled 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 reasonable costs of
shut-down, delay and start-up, which shall be accompllsbed as
provided in Article 7.
9.8 SUBSTANTIAL COMPIEnoN
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, 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.
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nated portion thereof is substantially complete. If the
Architect's inspection discloses any item, whether or not
induded on the Contractor's list, which is nOl in accordance
with the requirements of the Contract Documents, the Contrac-
tor shall, before issuance of the Certificate of Substantial Com-
pletion, complete or correct such item upon notification by the
Architect. The Contractor shall then submit a request for
another inspection by the Architect to determine Substantial
Completion. When the Work or designated portion thereof is
substantially complete, the Architect will prepare a Certillcate
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 iist
accompanying the Certificate. Wart'2llties required by Ihe Con-
tract Documents shall conunence 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 responsJbilities assigned.to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated
portion thereof and uponappllcation 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 Documents.
9.9 PARTIAL OCCUPANCY OR USE
9.9.1 The Owner may occupy or use any completed or par-
tlaIly completed portion of the Work at any stage when such
portion is designated by separate agreement with the Contrac-
tor, provided such occupancy or use is consented to by the
insurer as required under Subparagraph 11.3.11 and authorized
by public authorities having jurisdiction over the Work. Such
p2rtial occupancy or use may commence whether or not the .
portion is substantlally complete, provided the Owner and
Contractor have accepted in writing the responsibilities
assigned to each of them for payments, retalnage if any, secu-
rity, maintenance, heat, utilities, damage ro the Work and insur-
ance, and have agreed in writing concerning the period for cor-
rection of the Work 2nd l:Ommencement of wammties
required by the Contract Documents. When the Contractor
considers a portion substantially complere, the Contractor shall
prepare and submit a list to the Architect as provided under
Subparagraph 9.8.2. Consent of the Contractor to partial occu-
pancy or use shall not be unreasonably withheld. The stage of
the progress of the Work shall be determined by written agree-
ment between the Owner and Contractor or, if no agreement is
reached, by decision of the Architect.
9.9.2 Immediately prior to such partial occupancy Or use, the
Owner, Contractor and Architect shall jointly inspect the area
to be occupied or portion of the Work to be used in order to
determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use
of a portion or portions of the Work shall not constitute accep-
tance of Work not complying with the requirements of the
Contract Documents.
9.10 FINAL COMPLETION AND FINAL PAYMENT
9.10.1 Upon receipt of written notice that the Work is ready
for Ilnalinspection and acceptance and upon receJpt of a Ilnal
Appllcation for Payment, the Architect will promptiy make
.
such inspection and, when the Architect finds the Work accept-
able under the Contract Documents and the Contract fully per-
formed, the Architect will promptly issue a final ,Certificate for
Payment stating that to the best of the Architect's knowledge,
information and bellef, and on the basis of the Architect's
observations and inspections, the Work has been compieted in
accordance with terms and conditions of the Contract Docu-
ments and that the entire balance found to be due the Contrac-
tor and nOled in said Ilnal 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 Ilnal payment nor any remaJning retained
percentage shall become due until the Contractor submits to
the Architect (I) an affidavit that payrolis, bills for materials and
equipment, and other indebtedness connected with the Work
for which the Owner or the Owner's property might be
responsible or encumbered (less amounts withheld by Owner)
have been paid or otherwise satisfied, (2) a certificate evidenc-
ing that insurance required by the Contract Documents to
remain in force after final payment is currently in effect and will
not be cancelled or aJ10wed to expire until at least 30 days'
prior written notice has beert 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. th~ 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 rlischarglng such lien, including all costs
and reasonable attorneys' fees.
9.10.3 If, after Substantial Completion of the Work, Ilnal com-
pletion thereof is materially delayed through no fault of the
Contractor' or by issuance of Change Orders affecting Ilnal
completion, and the Architect so confirms, the Owner shall,
upon application by the .Contnictor and certification by the
Architect, and without terminating the Contract, make payment
of the haIance due for that portion of the Work fully completed
and accepted. If the remaIning balance for Work not fully com-
pleted or corrected is less than retalnage stipulated in the Con-
tract Documents, and if bonds have been furnished, the written
consent of surety to payment of the balance due for that por-
tion of the Work fully completed and accepted shall be submit-
ted by the Contractor to the Architect prior to certification of
such payment. Such payment shall be made under terms and
conditions governing Ilnal payment, except that it shall not
constitute a waiver of daims. The making of Ilnal payment shall .
constitute a waiver of claims by the Owner as provided in Sub-
paragraph 4.3.5.
9.10.4 Acceptance of Ilnal payment by the Contraetor, a Sub-
contractor or material supplier shall cOll5titute a waiver of
daims by that payee except those prevIously made in writing
and identified by that payee as unsettied at the time of Ilnal
Application for Payment. Sueh. waivers shall be in addition to
the waiver described in Subparagraph 4.3.5.
18
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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 been rendered hannless, the
Contractor _-shall immediately stop _ Work in the area affected
and report the condition to the Owner and Architect in writing,
The Work in the affected area shall not thereafter' be resumed
except by written agreement of the Owner and Contractor if in
fact the material is asbestos or polychlorinated biphenyl (PCB)
and has nor been rendered hannless. The Work in the affected
area shall be resumed in the absence of asbestos or polychlorj~
nated biphenyl (PCB), or when it has been rendered hannless,
by written agreement of the Owner and Contractor, or in
accordance with final determination by the Architect on which
arbitration has not been demanded, or by arbitration under
Article 4.
10.1.3 The Contractor shall not be required pursuant to Article
7 to perform without consent any Work relating to asbestos or
polychlorinated biphenyl (PCB).
10.1.4 To the fullest extent permitted by law, the Owner shall
indemnify and hold hannless 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 <xpense 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" 2Ilyone directly or
indirectly employed by the. Owner or anyone for whose acts
the Owner may be liable, regardless of whether or not such
claim, damag<, loss or expense is caused In part by a party
Indemnilled hereunder.. Such obligation shaU not be construed
to negate, abridg<, 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 r<asonable 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 materlais 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 rep1ac<ment 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 requited by
existing conditions and performance of the Contract, reason-
able safeguards for safety and protection, including posting
danger signs and other war,nings 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 unusllifl methods are necessary for
execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of properly
qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss
(other than damage or loss Insured under properly 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 Suh:subcontractor, or anyone
directly or Indirectly employed by any of them, or by anyone
for whose acts they may be llabl~ 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
dther of than, or by anyone for whose acts either of them may
be liable, and not attributable to the fault or neg1ig<nce 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 EMEROENCIES
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 be derermlned as provided In Paragraph
4.3 and Anlcle 7. .
ARTICLE 11
INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shall purchas< from and maintain In a
company or companies lawfully authorized to do business In
the jurisdiction In which the Project is located such Insurana: as
will protect the Contractor from claims set forth below which
may arise out of or result from the Contractor's oper3.tlons
under the Contract and for which the Contractor may be legally
liable, whether sum 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 beneftt and other simI1ar employee beneftt acts
which are appUcable to the Work to be performed;
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.2 claims for damages because of bodily injury, occupa-
tional sickness or disease, or death aCthe 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 persooa! injury
liability coverage which are sustained (1) by a person
as a result of an offense directly or indirectly related to
employment of such person by the Contractor; or (2)
by another person;
.5 claims for damages, other than to the Work itself,
because of injury to or destruction of tangible prop-
erty, including loss of use resulting therefrom;
.6 claims for damages because of bodily injury, death of
a person or properry damage adsing 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.]8.
11.1.2 The insurance required by Subparagraph 11.1.1 shall be
written for not less than limits of !lability specified in the Con-
tract Documents or required by law, whichever coverage is
greater. Coverages, whether written on an occurrence or
cbims-made basis, shall be maintained without interruption
from date of commencement of the Work until date of final
p..yment and termination of any coverage required to be main~
tained after lloa! payment.
11.1.3 Certificates of Insurance acceptable to the Owner shall
be ffied with the Owner prior to commencement of the Work.
These Certificates and the insurance policles required by this
Poaragraph 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 insurance coverages are
required to remain in force after final payment and :ue reason.
ably available, an additiooa! certificate evidencing continuation
of such coverage shall be submitted with the linal Application
for Payment as required by Subparagraph 9.10.2. Information
concerning reduction of coverage shall be furnished by the
Contractor with reasonable promptness in accordance with the
Contl2ctor's information :and belief.
11.2 OWNER'S LIABlUTY 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 malntain other insurance for self-
protection against claims which may adse from operations
under the Contract. The Contractor shall not be responsible
for purchasing and maintaining this optiooa! 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 compaqies 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 deductlbles. Such property insurance shall be main-
tained, unless otherwise provided in the ContC2ct Documents
or otherwise agreed In writing by all persons ami entitles who
are beneficiaries of sucb"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 insuC2ble 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, Subcontra~ors and Sub.subcontractors in the
Work.
11;3.1.1 Property insurance shall be on an all-risk policy form
and shall insure against the perils of fire and extended coverage
and physical loss or damage including, without duplication of
coverage, theft, vandalism, malicious mischief, collapse, false-
work, temporary buildings and debris removal 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 If the Owner does not intend to purchase such prop.
erty insurance required by the Contract and with all of the
coverages in the amount described above, the Owner shall so
inform the Contractor in writing prior to commencement. of
the Work. The Contractor may then effect,insurance which will
protect the interests of the Contractor, Subcontractors and Sub-
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 dects 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 wrinen approval of the Owner at the
value established in the apprOval, and also portiOns of the Work
in transit.'
11.3.2 Boller and MachInery IlllIUI'lInce. The Owner shall
purchase and truiintain boiler and machinery insurance
required by the Contract Documents or by law, which shall
specifically cover such insured objects duting installation and
until final acceptance by the Owner; this insurance shall include
interests of the Owner, Contractor, SubcontC2ctors and Sub-
subcontractors in the Work, and the Owner and Contractor
shall be n!.med 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 fire or other haZMds, 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 Contrac.lOr by appropriate Change
Order.
20 A201.1987
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11.3.5 If during the Project consltuction period the Owner
insutes properties, real Ot personal Ot both, adjoining Ot adja.
cent 10 the site by,property insurance undet policies separate
from those insui:ing the Project, or if after fmal payment prop.
erty insurance is to be provided on the completed Project
through a poliey or policies other than those insuring the Proj-
ect during the construction period, the Owner shall waive all
rights in accordance with the terms of Subparagraph 11.3.7 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 I the Owner shall
file with the O:lUtractor a copy of each policy that includes
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 conrain 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 Comractor.
11.3.7 WaIvenI of SubrogatIon. The Owner and Contractor
waive all rights against (I) each other and any of their subcon-
tractors, sub-subconlr.ilctors, 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 obrained 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 enwn-
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, 2nd whether or not the person or entity
had an insurable interest in the property damaged.
11.3.8 A loss insured under Ownet's propeny insurance shall
be adjusted by the Owner as fiduciary and made payable to the
Owner as fiduciary for the lilsureda, as their Interests may
appear, subject to requirements of any applicable mortgagee
clause and of Subparagraph 11.3.10. The Contractor shall pay
Subcontractors their just shares of insurance proceeds received
by the Contractor, and by appropriate agreements, written
where legally required for valldity, 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 parries in interest may reach,
Ot 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 ~ent is made, replacement of dam-
aged property shall be covered by appropriate Change Order.
.
11.3.10 The Owner as fiduciary shall have power to adjust and
settle a loss with insurers unless one of the parties in interest
shall object in writing within five days after occurrence of loss
to the Owner's exercise of this power; if such objection. be
made, arbitrators shall be chosen as proVided in Paragraph 4.5.
The Ownet as fiduciary shall, in that case, make settlement with
insurers in accordance with dire<;tions 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 ilie Contractor shall take reasonable steps to obtain
consent of the insurance company or companies and shall,
without mutual written consent, take no action with respect to
partial occupancy or use that would cause cancellation, lapse or
reduction of insurance.
11.4 PERFORMANCE BOND AND PAYMENT BOND
11.4.1 The Owner shall have the right to require the Contrac-
lOr to furnish bonds covering faithful performailce of the COn-
tract and payment of obligations arising theteunder as stipu-
lated in bidding requirements. Ot speci11cally 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
tepiated 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 nor specifically requested 10 observe prior to its
being covered, the Architect may requesllO see such Work and
It shall be uncovered by the Contractor. If such Work is in
accorcbnce with the Contr:ilct Documents, costs of uncover-
ing and replacement shall, byappropdate 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 Ownet 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 10 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 alierthe date of Substantial Comple-
tion of the Work or designated portion thereof, or after the d:i.te
AlA DOCUIENT -'201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENnI EDITION
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for commencement of wamlllties established under Sub-
paragraph 9.9.1, or by terms of an applicable specJal 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 promptiy 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 condltion. :rhls period of one year shall be
extended with respect to portions of Work first performed after
Substantial Compietion by the period of time between Substan-
tial Completion and the actual performance of the Work. This
obligation under this Subparagraph 12.2.2 shall survive accep-
tance of the Work under the Contract and termination of the
Contract. The Owner shall give such notice promptiy after dls-
covery of the condition.
12.2.3 :rhe 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 fa1is to correct nonconformlng Work
within a reasonable time, the Ovvner may correct it in accor-
dance with Paragraph 2.4. If the Contractor does not proceed
with correction of such nonconformlng Work within a reason-
able time fixed by wrinen 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 addltional 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 danlages 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 hav.e borne, the
Contract Sum shall be reduced by the deficiency. If payments
then or therafter 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 Paragraph 12.2 shali be con-
strued to establish a period of limitation with respect to other
obligations which the Contractor might have under the Con-
tract Documents. Estab1lshment of the time period of one year
as desetibed 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 proceedlngs may be commenced
to establish the Contractor's liability with respect to the Con-
tractor's obligations other than speclficaliy 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 shali be effected
whether or not final payment has been made.
- I
.
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 :rhe Owner and Contractor respectively bind them.
selves, their partners, successors, assigns and legal representa-
tives to the other party hereto and to panners, successors,
assigns and legal representatives of such other party in respect
to covenants, agreements and obligations contained in the Con~
tract Documents. Neither patty 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 responsibie
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 RKlHTS 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 speclficaliy 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, ordl-
nances, rules, regulations .or orders of public authorities having
jurisdlction shall be made at an appropriate time. Unless other-
wise provided, the Contractor shali make arrangements for
such tests, Inspections and approvals with an Independent test-
Ing laboratory or entity acceptabie 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. :rhe Owner shall bear costs of tests, inspections or
approvals which do not become requirements until after biris
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 13.5.1, the Architect will, upon written authorization
from the Owner, instruct the Contractor to make arrangements
for such additional testing, inspection or approval by an entity
acceptable to the Owner, and the Contractor shall give timely
notice to the Architect of when and where tests and inspections
are to be made so the Architect may observe such procedures.
22
A201-1987
AlA DOCUMENT A201 . GENBRAL CONDITIONS Of THB CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA. . @1987THEAMERICANINSTlTUTEOF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006
WARNING: Unlicensed pholocopvlng _ U.S. copyright 1_ ond Is.....,... to legal ""'_.
.
The Owner shlill bear such costs except as provided in Sub-
paragraph 13.5.3.
13.5.3 If such procedures for resring, inspection or approval
under Subparagraphs 13.5.1 and 13.5.2 reveal f.illure of the
portions of the Work to comply with requirements estoblished
by the Contract Documents, the Contractor shlill Dear lill 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
shlill, 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 ArchJtect
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 unre2S0nable
delay in the Work.
13.6 INTEREST
13.6.1 Payments due and unpald under the Contract Docu-
ments shlill 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 r2te 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 Bel.... Sub8tanlla1 Completlon. As to acts or f.illures
to act occurring prior to the relevant date of Substan-
tial Completion, any applicable statute of limitations
shal1 commence to run and any alleged cause of action
shlill be deemed to have accrued in any and all events
not later than such date of Suhstantial Completion;
.2 Betw.n SubNnlI8I Completlon end FIneI CertIII-
cate for P8YJl*Il. As to aclS or falIures to act occur-
ring subsequent to the relevant date of Substantial
C.omplelion and prior to issuance of the final Certifi.
cate for Payment, any applicable statute of limitations
shlill commence to run and any alleged cause of
action shlill 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 Alter Final Certlllcate for Payment. As to aclS or
failures to act occurring after the relevant date of issu-
ance of the final Certificate for Payment, any appli,
cable statute of limitations shlill commence to run and
any lilleged cause of action shlill be deemed to have
accrued in any and all events not later than the cbte 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 T1:RMlNATION 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 coun or other public author-
Ity having jurlsdlctlon;
.2 an act of government, such as a declaration of national
emergency, making material unavailable;
.3 because the Architect has not issued a Certificate for
Payment and has not notified the Contractor of the
reason for withholding certification as provided in
Subparagraph 9.4,1, or because the Owner has not
made payment on a Certificate for Payment within
the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by the
Owner as deseri,bed in Paragraph 14.3 constitute in
the aggregate more than 100 percent of the total nwn-
ber of days scheduled for completion, or 120 days in
any 365~y period, whichever is less; or
~5 the Owner .has f2iled to furnish to the Contractor
promptly, upon the Contractor's request, reasonable
evidence as reqliJred by Subparagraph 2.2.1.
14.1.2 If one of the above reasons exists, the Contractor may,
upon seven additional days' written notke to the Owner and
Architect, terminate the Contract and recover from the Owner
payment for Work executed and for proven loss with respect
to materi2ls, 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 ponions
of the Work under contract with the Contractor because the
Owner has persistentiy failed to fulfi11 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. clays' written notice to the Owner and the
Architect, terminate the Contract and recover from the Owner
as provided in Subparagraph 14.1.2.
14.2 TERMINATION BY THE OWNER FOR CAUSE
14.2~ 1 The Owner may terminate the Contract if the
Contractor:
.1 persistently or repeatedly refuses or falls to supply
enough .properly skilled workers or proper materials;
.2 falls to make payment to Subcontractors for materia1s
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
ceniflcation by the Archit~ that sufficient cause exists to ius-
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACf FOR CONSTRUCTION' fOURTEENTH EDITION
AlA- . @1987THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A201.1987 23
WARNING: u_ ~ _ u.s. copyright _ ond 10 IUbIoct tDlegoI pIOHCUtIon.
.
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, seveJi. cbys" 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, equJp-
ment, tools, and construction equipment and machin-
ery thereon owned by the Contractor;
.2 accept assigrunent 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 tenninates the Contract for one of the
reasons stated in Subparagraph 14.2, I, the Contractor shaD not
be entitied to receive further payment until the Work is
fmished.
14.2.4 If the unpaid balance of the Contract Sum exceeds costs
of finishiilg 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
HT
.
Owner. the 2ffiount 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 SUSPENSlOI'I BY THE OWNER
FOR CONVENIENCE
14.3.1 The Owner may, without cause, order me Contr.lCtor 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 adjusunent shall be made for increases in the cost of
perfonnance of the Contract, including profit on the increased
cost of performance. caused by suspension, delay or interrup-
tion. No adjustment shall be made to the extenf:
.1 that performance is, was or would have been so sus-
pended, delayed or interrupted by another cause for
which the Cont:raclor it;. responsiblej or
.2 that an equitable adjusunent is made or denied under
another provision of this Contract.
14.3.3 Adjusunents made in the cost of performance may have
a mutually agreed fixed br percentage fee.
24 A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDiTION
AlA- . e>1987 TIlE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
WARNING, u_ """.......,..111- U.S. copyright __II oubjeclto 1egoI__.
3/87
.
.
SUPPLEMENTARY GENERAL CONDITIONS
The fOllowing supplements modify, change, delete from or add to the "General
Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition.
Where any Article of the General Conditions is modified or any paragraph,
subparagraph or clause thereof is modified or deleted by these supplements, the
unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain
in effect.
ARTICLE 1 through ARTICLE 10
No Change
ARTICLE 11 - INSURANCE AND BONDS
11.1
Contractor's Liability Insurance.
11.1.1
In the first line following the "maintain", insert the words, "in a
company or companies licensed to do business in the state in
which the project is located."
11.1.1
ADD:
.7
Liability insurance shall include all major divisions of
coverage and be on a comprehensive basis including:
(1) Premi,ses - 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: n. The Contractor shall furnish insurance with the following
minimum limits:
.1 Workers' Compensation
a. State and Federal: Statutory
b. Employer's Liability $ 100,000.
Overhead Garage Doors
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.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:
Overhead Garage Doors
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GENERAL RELEASE
(To be submitted with requisition for Final Payment)
KNOWN ALL MEN BY THESE PRESENTS
that
(Contractor)
for
and in consideration of the sum of
lawful money of the United States of America, to it in hand paid
(dollars)
by:
(Owner/Contracting Agency)
and its successors and assigns and administrators, of and from any and all manner
of action and actions, cause and causes of action, suits, debts, dues, sum and sums
of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts,
controversies, agreements, promises, variances, trespasses, damages, judgments,
patents, extents, executions, claims and demands whatsoever in law and equity,
which against the said
, and
(Owner/Contracting Agency)
JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators
hereafter can, shall, or may have, for upon or by reason of any matter, cause orthing
whatsoever, from the beginning of the world to the day of the date of these presents
rising out of the construction, in accordance with the contract entered into
between parties hereto, dated:
or supplements thereto.
, 20 _ and any admittance
IN WITNESS WHEREOF, the underSigned corporation has caused this
agreement to be signed by Its
hereto affixed and duly attested by
and its corporate seal to be
its
this
day of
,20
Attest:
Principal:
Overhead Garage Doors
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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 Certlffcatlon Project Name & Location: Prevailing Wage SerIal Number: Agency Project Number:
0
1. 2. 3. ... .... DAY AND DATE 1 5. 5. 7. 8. 9. 10.
. ~l! Ul S M T IWI T F DEDUCTIONS NET
Name, Address and ..
Social Security Number hi Work 0 T TOTAL RATE GROSS WIl}I, TOTAL WAGE AMOUNTS
Classification ... HOUR~ OF PA' AMOUN1 FICA HOLDING STATE DEDUC- PAID FOR UNPAID
of Employee ;i!cS 0 HOURI WORkED I!ACH 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 DIVISION
.. .
.
.
:z:.
,
-
(N.m. of SlgMtory.
do horeby otato:
1. That I payor supervise the paymont of tho pel1lons employed by
I.
on the
(Con~rorSu~ua~~
; that during the payroll period commencing
IProjKt orWork)
on the day of , ~, and ending the day of. , ~, all
pel1lona employed on said project have _n paid the full weekly wages earned I............. Col.... 1.. """oUonnl,
that no rebates havo been or will be made either directly or Indirectly to or on behalf of said contractor,
from the full weekly wages earned by any pel1lon and that
(Contractor or Sub-contnctor)
no deductlons have _n made either directly or Indl"'ctly from the full wages earned by any person other than
pennlsslble deductlons 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 .ny payroU. otherwlle. underthll contract required to be IUbmlttad for the above period are cornet end complete; that the
wage mea for I.bo......, mechlinlc, Journeymen, ,killed .nd lemkkll1ed lebonI' and apprentIcH contained therein .... not.... than
the applicable wage ..... cOntained In any wage detennlnatlon Incorponlted Into the contract; ttm: th., c1aaslflc8tlona Htforth .
th.....n for each laborer, mechanic, Journeymen. .kllled and, .eml..kllled laborer and apprentice confonn with woI1t he performed.
3. TIW any apprentlc.. emptoyed In the .bove period .... duly ntgIatered In . bona fide apprentlceahlp program regtetarad with a
state apprentleHhlp agency recognized by the New York Sureay 'of ApprentlcHhlp and Tnlnlng. Department of Labor and IndUltry.
.. That
(0'. WHERE FRINGE BENEfIES ARE PAlO TO APPROVED PLANS, FUNDS OR PROGRAMS
.In addition to tile _ hourly wag, _ pokllo _ _, -Ic,joumeyman, aldlled ancIaoml-ekllled Iallorot and
C ___I_'n tile _ _........ parIOIl, JIlIYIMlIla off11nge _ ao ....Intlle contract hay, been or will be
mlde to .ppropriate progl'lml for the benefit of luch employee, except.. noted In section 4 (e) betow.
(b~ WHERE FRINGE BENEFIEl ARE PAlO IN CASH
Each _, _nlc,joumoymon, skilled ancI aoml4kll1ed "'_ and apprlnllcol_ In tho a_a _need payroll.
C has been paid, aolnd_ on tile payron, an amount not Iosathan tho aum 01 tho applicable baolc hourly wage _ p1ua
tho amount 01 tho ....ulrod fringe bon_ ao_ In tho contract, oxcoJit ao _ In SoctIon 4 (c) _,
(e). EXCEPTIONS
EXC1!PTIOH CCRAfT) EXPI.AHA11Ol<
..
. -
,
--:
I....NATURE:
I ......... TlTU!:
The willful flllllflcatlon of any of th. above autementa may IUbjtct the contntctor or IUb-contr'aictor to civil or criminal prottCUtIon.
TAKEN, 8VVORN AND SUBSCRIBED BEFORE lIE,
(NOTARY & SEAL)
nas
OF
0J<f
A.D. 2O-J'
Wrl
.
.
NON-DISCRIMINATION CLAUSE
During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, or national origin, and will rake affirmative
action to insure that they are afforded equal employment opportunities without
discrimination because of race, creed, color, or national origin. Such action shall be
taken with reference, but not limited to: recruitment, employment, job assignment,
promotion, upgrading, demotion, transfer, layoff or termination, rates of payor other
forms of compensation, and selection for training or retraining, including
apprenticeship and on-the-job training.
b. The contractor will send to each labor union or representative of workers with which
he has or Is bound by a collective bargaining or other agreement or understanding, a
notice, to be provided by the Commission of Human Rights, advising such labor
union or representative of the Contractor's agreement under clauses "a." through
"h." hereinafter called "non-discrimination clauses", and requesting such labor union
or representative to agree in writing, whether In such collective bargaining or other
agreement or understanding or otherwise, that such labor union or representative will
not discriminate against any member or applicant for membership because of race,
creed, color, or national origin, and will rake affirmative action to Insure that they are
afforded equal membership opportunities without discrimination because of race,
creed, color, or national origin. Such action shall be taken with reference, but not be
limited to: recruitment, employment, job assignment, promotion, upgrading,
demotion, transfer, layoff or termination, rates of pay, or other forms of
compensation, and selection for training or retraining including apprenticeship and
on-the-job training. Such notice shall be given by the Contractor, and such written
agreement shall be made by such labor union or representative, prior to the
commencement of performances of this contract. If such a labor union or union
representative falls or refuses so to agree In writing, the Contractor shall promptly
notify the Commission for Human Rights of such failure or refusal.
c. The Contractor will post and keep posted in conspicuous places, availabie to
employee and applicants for employment, notices to be provided by the Commission
for Human Rights setting forth the substance ofthe provision of clauses "a." and "b."
and such provisions of the State's Laws against discrimination as the Commission
for Human Rights shall determlne~
d. The Contractor will state, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, that all qualified applicants will be afforded equal
employment opportunities without discrimination because of race, creed, color, or
national origin.
Overhead Garage Doors
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e. The Contractor will comply with the prevision of Sections 291-229 of the Executive
Law and the Civil Rights Law, will furnish all information and reports deemed
necessary by the Commission for Human Rights under these non-discrlmination
clauses as such sections of the Executive Law and will, permit access to his books,
records, and accounts by the Commission for Human Rights and Owner
representatives counsel for the purposes of investigation to ascertain compliance
with these non-discrimination clauses and such sections ofthe Executive Law and
Civil Rights Law.
f. This Contract may be forthwith canceled, terminated, or suspended in whole or in
part, by the contracting agency upon the basis of a finding made by the Commission
of Human Rights that the Contractor has not complied with these non-discrimination
clauses, and the Contractor may be declared Ineligible for future contracts made by or
on behalf of the Owner/Contracting Agency until he satisfied the Commission for
Human Rights that he has established and Is carrying out a program in conformity
with the provisions of these non-discrlmination clauses. Such finding shall be made
by the Commission for Human Rights after conciliation efforts by the Commission
have failed to achieve compliance with these non-discrlminatlon clauses and after a
verified complaint has been filed with the Commission, notice thereof has been given
to the Contractor and an opportunity has been afforded him to be heard publicly
before three members on the Commission. Such sanctions may be imposed and
remedies otherwise provided by law.
g. Ifthis Contract is canceled or terminated under clause "f." ,in addition to other rights
of the Owner provided in this contract upon its breach by the Contractor, the
Contractor will hold the Owner Harmless against any additional expenses or costs
incurred by the Owner in completing the work or In purchasing the services, material
equipment, or supplies contemplated by this contract, and the Owner may withhold
payments from the contractor In an amount sufficient for this purpose and recourse
may be had against the surety on the performance bond If necessary.
h. The Contractor will include the provisions of clauses "a.", through "g." in every
subcontract or purchase order In such a manner that such provisions will be binding
upon each subcontractor or vendor as to operations to be performed within
jurisdictional local of the Project being contracted by the Owner. The Contractor will
take such action In enforcing such provisions of such subcontract or purchase as
Owner/Contracting Agency may direct, including sanctions or remedies for non-
compliance. If the Contractor becomes Involved In or Is threatened with litigation
with a sub-contractor or vendor as a result of such direction by the Contraction
Agency/ Owner, the Contractor shall promptly so notify the Owner's representatives/
counsel, request him to Intervene and protect the Interests ofthe Owner (Contracting
Agency's jurisdictional area).
Overhead Garage Doors
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PREVAILING WAGE RATES
ATTACHMENT
WAGE DETI;RMINATION
for
SUDDlv and Installation of
Seventeen Overhead Garaae Doors
at
Southold Town Hiahwav Deoartment
PECONIC LANE
Peconic, New York 11958
(New York State Wage Rates to Apply Here)
Overhead Garage Doors
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COMPLIANCE WITH THE LABOR LAW
AND OTHER DEPARTMENT OF LABOR REGULATIONS
A. STATF REGLJI ATIONS'
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 thou$lh 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. FEIlFRAI RFGlIlATIONS'
1. CFRTIFICATION OF NONSEGRFGATEIl FACIIITIFS
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
I facilities are maintained. He certifies further that he wili not maintain or provide for
.. his employees any segregated facilities at any of his establishments, and that he
wili 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 wili forward the following
notice to such proposed subcontractors (except where the proposed
subcontractors have submitted Identical certifications for specific time periods):
Replacement of Overhead Doors:
M .1
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2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF RFOUIREMENT
FOR CERTIFICATIONS OF NON SFGRFGATFIl 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:
employml!nt,upgradlng, 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 Information and reports required by Executive Order
No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or. pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the Secretary of Labor for the
purposes of Investigation to ascertain compliance with such rules, regulations, and
orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations, or orders, this contract may
be canceled, terminated, or suspended In whole or In part and the contractor may
be declared ineligible for further Government contracts In accordance with
procedures authorized In Executive Order No. 11245 of September 24, 1965, and
such other sanctions may be Imposed and remedies Invoked as provided In
Executive Order No. 11246 of September 24,1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
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(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: PrnvitlArt,
hnwAvAr, 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. FEDFRAI PROCIIRFMENT REGIILATIONS
EOUAL OPPORTIINITY IN EMPLOYMENT
1-12805 11 R~"nrt!;: and OthAr RAqllirAd Infnrmatinn
(a) Requirements for prime contractors and subcontractors.
(1) Each agency shall require each prime contractor and each prime contractor
and subcontractor shan, 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; (i1) 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 beiow the first tier which
performs construction work at the site of construction shall be required, to
file such a report if it meets the requirements in subdivisions (I), (Ii), and (Iv)
of this paragraph (a) (1).
(2) Each person required by subparagraph (1) of this paragraph to submit
reports shall file such a report with the contracting or administering agency
within 30 days after the award to him of a contract or subcontract, unless
such person has submitted such a report within 12 months preceding the
date of the award. Subsequent reports shall be submitted annually In
accordance with subparagraph (1) of this paragraph, or at such other
Intervals as the agency or the Director may require. The agency, with the
approval of the Director, may extend the time for filing any report.
(3) The Director, the agency, or the applicant, on their own motions, may
require a prime contractor to keep employment or other records and to
furnish In the form requested, within reasonable limits, such Information as
the Director, agency, or the applicant deems necessary for the
administration of the Order.
(4) The failure to file timely, complete, and accurate reports, as required,
constitutes noncompliance with the 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.
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1-12.805.4 R~portl': and OthAr RAquirAd Informatioh
(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 flied 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 falls 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 requlrecl, 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.
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( 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 PROCIIRFMENT STANDARDS
A. All contracts for con..tn/dlnn 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
en.n..tn.dlnn 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 a hours and a stendard work week of 40
hours. Work In excess of the standard work day or work week Is
permissible provided that the worker Is compensated at a rate of
not less than 1-112 times the basic Rate of pay for all hours worked
In excess 8 hours In any calendar day or 40 hours In the work week.
Section 107 of the act Is appllceble 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.
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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 ..-<>"..tn,,,tln" 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.
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COMPLIANCE WITH PROVISIONS OF THE LAROR I AW
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 220.3-0 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 220-0, 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;
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(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 220-e which covers every contract for or on behalf of
the State or municipality for the manufacture, sale or distribution of materials, equipment
or supplies shall be limited to operations performed within the territorial limits of the State
of New York.
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.
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Sectional Doors
. ~!~a~~ries
SECTION 08360
SECTIONAL DOORS
592 Series Thennacore@ Insulated Steel Sectional Doors
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. All of the Contract Documents, including General and Supplementary Conditions,
and Division 1 General Requirements, apply to the work of this Section.
1.02 SUMMARY
A. The work of this Section includes upward-acting sectional doors.
B. Related Sections: Other specification sections which directly relate to the work of this
Section include, but are not limited to, the following;
1. Section 05500 - Miscellaneous Metal; metal framing and supports.
2. Section 08710 - Finish Hardware; key cylinders for locks.
3. Section 09900 - Painting; field painting.
4. Section 16lO0 - Electrical; wiring.
1.03 SUBMITTALS
A. Product Data: Submit manufacturer's product data and installation instructions for each type
of sectional door. Include both published data and any specific data prepared for this project.
B. Shop Drawings: Submit shop drawings for approval prior to fabrication. Include detailed plans,
elevations, details of framing members, required clearances, anchors, and accessories. Include
relationship with adjacent materials.
1.04 QUALITY ASSURANCE
A Manufacturer: Sectional doors shall be manufactured by a firm with a minimum of five years
experience in the fabrication and installation of sectional doors. Manufacturers proposed for use,
which are not named in these specifications, shall submit evidence of ability to meet performance
and fabrication requirements specified, and include a list of five projects of similar design and
complexity completed within the past five years.
R Installer: Installation of sectional doors shall be petiormed by the authorized representative
of the manufacturer.
C. Single-Source Responsibility: Provide doors, tracks, motors, and accessories from one
manufacturer for each type of door. Provide secondary components from source acceptable
to manufacturer of primary components.
D. Pre-Installation Conference: Schedule and convene a pre-installation conference just prior
to commencement of field operations, to establish procedures to maintain optimum working
conditions and to coordinate this work with related and adjacent work.
1.05 DELIVERY, STORAGE, AND HANDLING
A. Deliver materials and products in labeled protective packages. Store and handle in strict
compliance with manufacturer's instructions and recommendations. Protect from damage
from weather, excessive temperatures and construction operations.
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Sectional Doors
IIIIr ~!~a~~ries
PART 2 - PRODUCTS 2.01 ACCEPTABLE MANUFACTURER
A. Provide sectional doors by Overhead Door Corporation, Dallas, Texas; Telephone 800-887-3667
or 214-233-6611; Fax 214-233-0367.
THERMACOREolNSULATED STEEL SECTIONAL DOORS
2.02
A
Trade Reference: 592 Series Thennacore- Insulated Steel Doors by Overhead Door Corporation.
B. Sectional Door Assembly: Metal/foam/metal sandwich panel construction, with EPDM
thermal break and ship-lap design. Units shall have the following characteristics:
1. Panel Thickness: 2",
2. Exterior Surface: Ribbed, textured.
3. Exterior Steel: .015", hot-dipped galvanized.
4. End Stiles: 16 gauge with thenna! break.
5. Standard Springs: 10,000 cycles. (High cycles.)
6. Insulation: CFC-free and HCFC-free polyurethane,
fully encapsulated.
7. Thermal Values: R-vaIue of 17.50; U-value of 0.057.
8. Air Infiltration: 0.08 cfm at 15 mph; 0.08 elm at 25 mph.
9. Pass-Door: Not required. (Optional.)
10. High-Usage Package: Not required. (Optional.)
II. Partial Glazing of Steel Panels: (Acrylic glazing.)
(Insulated double streugth glass.)(Not Required.)
12. FuJi Glazing Requiring Aluminum Sash Panels: (Acrylic glazing.)
(1/8" double strength glass.)(lnsulated double strength glass.)(Not Required.)
C. Finish and Color: Two coat baked-on polyester with white exterior and intenor color.
D. Wmdload Design: ANSJ/DASMA 102 standards and as required by code.
E. Hardware: Galvanized steel hinges and fixtures. Ball bearing rollers with hardened steel races.
F. Lock: Interior mounted slide lock. (Keyed lock.)
G. Weatherstripping: EPDM rubber bulb-type strip at bottom. (Header seal and jamb weatherstripping.)
H. Track: Provide track as recommended by manufacturer to suit loading required
and clearances available.
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Note: Select type of operation
I. Manual Operation: Manual pull rope. (Chain hoist.)
J. Electric Motor Operation: Provide UL listed electric operator, size and type as recommended
by manufacturer to move door in either direction at not less than 2/3 foot nor more than
1 foot per second.
L Entrapment Protection: (Pneumatic sensing edge up to I8! wide)(Electric sensing
edge.) (photoelectric sensors.)
2. Operator Controls: (Push-button)(Key) (push-button and key) operated control stations
with open, close, and stop buttons for (flush)(surface) mounting, for (interior)(exterior)
(both interior and exterior) location.
Note: Select from below as applicable
3. Special Operation: (Vehicle detector operation, radio control operation, card reader control,
photocell operation, door timer operation, commercial light package, explosion and dust
ignition proof control wiring.)
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Sectional Doors
. :!~a~~ries
PART 3 - EXECUTION 3.01
A.
PREPARATION
Take field dimensions and examine conditions of substrates, supports, and other conditions
under which this work is to be performed. Do not proceed with work until unsatisfactory
conditions are corrected.
3.02
INSTALLATION
A. Strictly comply with manufacturer's installation instructions and recommendations. Coordinate
installation with adjacent work to ensure proper clearances and allow for maintenance.
B. Instruct Owner's persOImel in proper operating procedures and maintenance schedule.
3.03 ADJUSTING AND CLEANING
A. Test sectional doors for proper operation and adjust as necessary to provide proper operation
without binding or distortion.
B. Touch-up damaged coatings and finishes and repair minor damage. Clean exposed surfaces
using non~abrasive materials and methods recommended by manufacturer of material or
product being cleaned.
02000 Overhead Door Corporation. All Rights Reserved. A copyright license to reproduce this
specification is hereby granted to non-manufacturing architects, engineers and specification writers.
Spec.
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Overhead Garage Door Replacement
Town of Southold
Doors are to be custom fabricated, white insulated, manually operated, 20-gage
galvanized steel sectional doors, with galvanized track, to fit the existing openings
(Thermacore 592, or equal).
The bid price includes all labor and materials necessary to replace damaged or old
doors (17 doors).
This proposal should show a price per door, due that fact that the size and amount
of labor may vary.
7 (seven) 11'-0" wide by 10'-0" high
1 (one) 14'-0" wide by 11'-0" high
4 (four) 12'-0" wide by 12'-0" high
1 (one) 8'-4" wide by 11'-8" high
3 (three) 9'-3" wide by 11'-0" high
1 (one) 12'-0" wide by 10'-0" high
Standard Features
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Hot-Dipped
Ga Iva n ized
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Steel
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Polyurethane
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EPDM Rubber Seal
EDPM
Thermal Break
Water Channel
Integral Steel
Hinge Mounting Strip
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2t" OR 24"
PANEL HElCHT
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592 SERIES
SECT. DOORS
PANEL DETAIL
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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
FAX TRANSMITTAL
CONSTRUCTION INFO - 800 962-0544
DODGE REPORTS 293-5456
BROWN'S LETTERS 244-9576
BURRELLE'S INFO - 800 524-3329
TO: DATA CONSTRUCTION 888 232-9941
FROM: BETTY NEVILLE, Southold Town Clerk Tele. 631 765-1800; fax 765-6145
DATE: March 16.2006
RE: "BIDS" ADVERTISEMENT/PUBLICATION
Number of Pages (including cover): 3
If total transmittal is not received, please call 631 765-1800.
COMMENTS: Garage Doors & Sand
Please acknowledge receipt of this information by signing below and returning a faxed copy to
me at 631 765-6145, attention: Betty Neville.
Thank you.
Received by
Date
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LEGAL NOTICE .
NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the
General Municipal Law, that sealed bids are sought and requested for the purchase
and delivery of 10,000 cubic yards of screened sand, more, or less, as may be needed,
for Ice Control and Highway Maintenance for the Highway Department.
Sand must be delivered to the Highway Department yard, Peconic Lane, Peconic,
New York, between the hours of 7:00 A.M. and 3:30 P.M., Monday through Friday,
excluding holidays, with prior notification to the Highway Department (631-734-5211 or
631-765-3140).
The sealed bids, together with a Non-Collusive Bid Certificate and bank draft or
certified check in the amount of $100.00, will be received by the Town Clerk of the
Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York,
until 10:00 A.M., Thursday, April 6, 2006, at which time they will be opened and read
aloud in public. The Town Board of the Town of Southold reserves the right to reject any
and all bids and waive any and all informalities in any bid should it be deemed in the best
interest of the Town of South old to do so.
All bids must be signed and sealed in envelopes plainly marked "Re-Bid on
Screened Sand", and submitted to the Office of the Town Clerk. The bid price shall not
include any tax, federal, state, or local, from which the Town of Southold is exempt.
Dated: March 14,2006
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
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PLEASE PUBLISH ON MARCH 23, 2006, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Suffolk Times
Superintendent of Highways
Brown's Letters
Town Clerk's Bulletin Board
Town Board Members Town Attorney
Data Construction Dodge Reports
Burrelle's Information Services
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Lel!al Notice
NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of
the General Municipal Law, that sealed bids are sought and requested for the
furnishing and installation of custom fabricated, insulated, manually operated,
galvanized steel sectional doors, with galvanized tract, for the Southold Highway
Department.
Specifications for the above are available at the Southold Town Clerk's office,
Monday thru Friday, 8:00 am to 4:00 pm.
Sealed bids, together with a Non-Collusive Bid Certificate, will be received by the
Town Clerk at the Southold Town Hall, PO Box 1179, 53095 Main Road, Southold,
New York, until 10:00 A.M., Thursday, April 13, 2006, at which time they will be
opened and read aloud in public. Tbe Town Board of the Town of South old reserves
the right to reject any and all bids and waive any and all informalities in any bid
should it be deemed in the best interest of the Town of South old to do so.
All bids must be signed and sealed in an envelope plainly marked "Bid on Overhead
Garal!e Door Renlacement" and submitted to the Town Clerk. The bid price shall
not include and tax, federal, state, or local, from which the Town of South old is
exempt.
Requests for additional information & all inquiries should be addressed to the James
Richter, RA, (631) 765-1560, Southold Town Engineering Department, Southold
Town Hall, PO Box 1179, Southold, NY 11971
Dated: February 14,2006
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON March 23, 2006, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLCATION TO ELIABETH NEVILLE, TOWN CLERK,
TOWN HALL PO BOX 1179, SOUTHOLD, NY 11971
Copies to the following:
Suffolk Times
Superintendent of Highways
Brown's Letters
Town Clerk's Bulletin Board
Town Board Members Town Attorney
Data Construction Dodge Reports
Burrelle's Information Services
REGISTRAR OF VITAL STATISTICS
MARlUAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
CT7'c\
"own Hall, 53095 Main Road
PO Box I 179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765 - 1800
southoldtown. northfork.net
ELIZABETH NEVILLE
TOWN CLERK
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RESOLUTION # 2006-196
Resolution In: 1579
Meeting:
Department:
Category:
02/14/0607:30 PM
Community Development
Authorize to Bid
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-196 WAS ADOPTED AT
THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 14,2006:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town CierI{ to
advertise for bids for the removal. supplv and installation of (17) overhead l!:aral!:e doors at the Southol!!
Hil!:hwav Department, in accordance with the plans and specifications prepared by James Richter, Southold
Town Engineering Department
~-!~2;k-;tL.
Elizabeth A. Neville
Southold Town Clerk