HomeMy WebLinkAboutMunicipal Parking Lot Repair
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SENDER: COMPLETE THIS SECTION
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ttem 4 ~ Restricted Delivery Is desired.
. Print your name and address on the reverse
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1. Article Addressed to:
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2. Article Number
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PS Fonn 3811, February 2004
COMPLETE THIS SECTION ON DELIVERY
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
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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
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 2, 2007
~ .31\0 COo~Clal{"?OlG:,7
Anthony Jaeger
H & A Landscape of Long Island
5 Trader Lane
Levittown, NY 11756
Dear Mr. Jaeger:
This office has been notified that the project "Municipal Parking Lot Repair" has
been completed. Enclosed please find your check # 69105925 in the amount of
$1,690.00. Thank you for your bid.
Very truly yours,
J~\MffJ-
Lynda M Bohn
Deputy Town Clerk
Ens.
l"
I!bit:
Performance and Payment Bond
(Public Work)
Home Office:
lZ13 Valley Street
P.O. Box 9Z71
Seattle, WA 98109-OZ71
For the CBIC b...."""
neare..Jtrou, caJl ToUFree
(888) 283.ZZ4Z
(888) Z93.ZZ4Z FAX
INSUlANCE
Bond Number: GB 7992 Premium: $845.00...
KNOW ALL PERSONS BY THESE PRESENTS That we H & A Landscape of L.I., Inc.
, ,
, called the Principal, and Contractors Bondinj( and Insurance Company, a Washington
corporation, called the Surety, are heid and firmly bound unto Town of Soulhold
, called the Obligee, in the sum of Thirty Three Thousand
Eight Hundred and No/100-***********uu************** Dollars ($ 33.800.00**** )
for the payment whereof said Principal and Surety bind themselves firmly by these presents.
WHEREAS, the Principal has entered into a Contract with the Obligee dated December 5, 2006
to perform construction work at the Parking lot improvements to tlieSouthold Village parking lot
("Contract").
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly and faithfully perform
the construction work to be performed under the Contract and shall promptly make payment to all Claimants, as
hereinafter defined, for all labor and material used, consumed or incorporated in the performance of the work under
the Contract, then this obligation shall be null and void; otherwise to remain in full force and effect.
Whenever Principal shall be, and be dedared by Obligee to be in default under the Contract for failing to perform the
construction work, the Obligee having performed Obligee's obligations thereunder, Surety shall, within a reasonabie
time:
1. Upon entering into an acceptable takeover agreement with the Obligee, undertake to complete the
construction work to be done under the Contract; or
2. Obtain bids or negotiated proposals from qualified contractors for completion of the construction work to
be done under the Contract, and arrange for a contract to be prepared for execution by the Obligee and
the contractor, to be secured with a performance and payment bond executed by a qualified surety; or
3. Waive its right to perform and compiete, arrange for completion, or obtain a new contractor.
4. The Contract balance, as defined below, shall be credited against the reasonable cost of completing the
construction work to be performed under the Contract. If completed by the Obligee pursuant to paragraphs
2 or 3 above, and the reasonable cost of completing the construction work exceeds the Contract balance,
the Surety shall pay to the Obligee such excess, but in no event shall the aggregate liability of the Surety
exceed the amount of this bond. If the Surety completes the work pursuant to paragraph 1 above, that
portion of the Contract balance as may be required to complete the construction work to be done under
the Contract and to reimburse the Surety for its outlays shall be paid to the Surety at the times and in the
manner as said sums would have been payable to Principal had there been no default under the Contract.
To the extent that the Surety's outlays exceed the Contract balance paid to Surety by Obligee, the Surety
shall be entitled to a dollar for dollar reduction of its liability under this bond, and the Surety's aggregate
liability shall not exceed the penal sum of this bond. The term "Contract balance" as used herein shall
mean the total amount payable to Obligee under the Contract and any amendments thereto, less the
amounts properly paid by Obligee to the Prindpal under the Contract. The term "construction work," as
used herein shall mean the providing by the Principal of all labor and/or material necessary to complete
the Principal's scope of work under the Contract. Notwithstanding any language in the Contract to the
contrary, the Surety shall not be liable to the Obligee or others for obligations of the Principal that are
unrelated to the performance of the work under the Contract, and the Contract balance shall not be reduced
or set off on account of any such unrelated obligations, nor for any related obligations that would not be
covered under this bond.
S. Any suit by the Obligee under this bond must be instituted before the earlier of: (a) the expiration of
one year from the date of substantial completion of the work, or (b) one year after the Principal ceased
performing the construction work under the Contract. If this bond is provided to comply with pubic works
bond statutes in the location where the construction work is being performed and the public works bond
statutes contain a statute of limitations for suits on the performance bond, then the limitation period set
forth herein shall be read out of this bond and the statute of limitation set forth in the public works bond
statutes shall be read into this bond. If the limitation set forth in this bond is void or prohibited by law,
the minimum period of limitation availabie to sureties as a defense in the jurisdiction of the suit shall be
applicable.
BndPerPyPuW.Ol-03ZZ0S
.-
6. A Claimant is defined as one other than the Obligee having a contract with the Principal or with a direct
Contractor of the Principal to supply labor and/or materials and said labor and/or materials are actually
used, consumed or Incorporated In the performance of the construction work.
7. The above-named Principal and Surety hereby jointly and severally agree with the Obligee that every
Claimant as herein defined who has not been paid In full before the expiration of a period of ninety (90)
days after the date on which the last of such Claimant's work or labor was done or performed or materials
were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for
the amount due under Claimant's contract for the labor and/or materials supplied by the Claimant which
were used, consumed or incorporated in performance of the construction work, and have execution
thereon; provided, however, that a Claimant having a direct contractual relationship with a Contractor of
the Principal shall have a right of action on this bond only if said Claimant notifies the Surety in writing
of its claim within ninety (90) days from the date on which said Claimant did or performed the last labor
and/or materials for which the claim is made. The Obligee shall not be liable for the payment of any costs
or expenses of any such suit.
8. No suit or action shall be commenced hereunder by any Claimant after the expiration of one years after
the day on which the Claimant last supplied the labor and/or materials for which the claim is made
or (b) the limitation period set forth in the public work bond statutes If any, in the location where the
construction work Is being preformed. Any limitation contained In this bond, which Is prohibited by any
law controlllng In the state where the suit is filed, shall be deemed to be amended so as to be equal to the
minimum period of limitation permitted by the law of that state.
9. No suit or action shall be commenced hereunder by the Obligee or any Claimant other than in a state court
of competent jurisdiction in the county or other political subdivision of the state In which the project, or
any part thereof, is situated, or in the United States District Court for the district In which the project, or
any part thereof, is situated, and not elsewhere.
10. The amount of this bond shall be reduced by and to the extent of any payment or payments made by
Surety in good faith hereunder whether made directly to Obligee or Claimant(s) or otherwise in discharge
of Principal's obligations. The Surety's liability hereunder to the Obligee and all Claimants is limited, singly,
or in the aggregate, to the penal sum of the bond set forth herein. The Surety may, at Its option, discharge
all obligations under this bond by Interpleading into the registry of any court of competent jurisdiction
of the full unused penal sum of this bond, or such portion thereof that will satisfy the obligations owed
to the Obligee and/or the Claimant(s). No right of action shall accrue on this bond to any person or entity
other than the Obligee and/or the Claimant(s). The bond shall not be liable for any liability of Principal
for tortious acts, whether or not said liability Is direct or is imposed by the Contract, and shall not serve
as or be a substitute for or supplemental to any liability or other insurance required by the Contract.
11. If this bond is provided to comply with a statutory or other legal requirement for performing construction
contracts for public owners in the location where the construction work is being performed, all provisions
In the bond are in addition to or differ from those statutory or legal requirements shall be read out of this
bond, and all pertinent statutes and other legal requirements shall be read Into the bond.
Signed and sealed this 5th
day of February
2007
H & A Landscape of L.I., Inc.
(Principal's Name)
CONTRACTORS BONDING
AND INSURANCE COMPANY
.rUe;
By:
Matthew Wilkoff ,Attorney-in-fact
Its: President
BndPerPyPuW.OI.o32205
,
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Individual Acknowledgment
State of
County of
On the
day of
. 20 ~ before me personally appeared
to me known and known to me to be the person described in and who executed the foregoing instrument
and _he_ thereupon acknowledged to me that _he_ executed the same.
Notarv Public
PartnershiplL.L.C. Acknowledgment
State of
County of
On the
day of
. 20 ~ before me personally appeared
to me known and known to me to be one of the firm of
described in and who executed the fOregoing instrument and
he_ thereupon acknowledged
to me that _he_ executed the same as and for the act and deed of said firm.
Notarv Public
Corporate Acknowledgment
Stateof NEM YIJ RK
County of AI A- 55 PltJ ~
. /;:L day of Fe. ~:J 2~ before me personally appeared
"
to me known, who ing by me ly sworn, did depose and say that he_ is the
~.<\~ ofthe-1::JrA Lav..dSCkl-f'..e. oF L-z>~:rsla....d::r......c.
the corporation described in and which executed the furegoing instrument; that he_knows
the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corporation; and that
name thereto by like order.
he_ signed
hislher
~ ~"".
TRILOKI NATH SINGHAL
NQtaJY Public, Stale of New VOl1c
. Nt. 01515030190
Q~Ifl~ In ::7S!'~-;"f) It}
CQIl1mlAIon expires
BOND No. GB 7992
ACKNOWLEDGEMENT OF SURETY
State of New York
Cou nty of Nassau
}
}
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SS.
On this ~ day of Februarv , 2007, before me, a Notary Public in
and for said County, personally appeared MatthewWilkoff personally known to
me, who being by me duly sworn, did say that he/she is the aforesaid attorney-in-fact of the
CONTRACTORS BONDING AND INSURANCE COMPANY of Seattle, WA, a corporation duly
organized and existing under the laws of the State of Washington, that the seal affixed to the
foregoing instrument is the corporate seal of said corporation, that the said instrument was
signed, sealed and executed in behalf of said corporation by authority of its Board of Directors,
and further acknowledge that the said instrument and the execution thereof to be a voluntary act
and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed by official
seal the day and year last above written.
PATRICIA R. LEIPPE
NOTARY PUBLIC. Stale of NewYor1<
No.01LE6008254
Certificate Filed in Nassau County
Commission Expires June 8. 2010
~dVW~'h};{~~
, Notary ublic
LIMITED POWER OF ATTORNEY - READ CAREFULLY _ _
'CONTRA'crORS BONDING AND INSURANCE COMPANY IS RESPONSIBLE ONLY FOR THE BOND DESCRIBED AND UP TO THE AMOUNT SET
FORTH IN THIS LIMITED POWER OF ATTORNEY. ANY ERASURE WILL VOID THIS POWER OF A TORNEY. IF YOU HAVE ANY QUESTIONS
ABOUT OR WANT TO VERIFY THIS POWER OF ATTORNEY CALL CONTRACTORS BONDING AND INSURANCE COMPANY TOLL FREE AT
1(800)765-2242
Power Number : K01360
Date Approved: 2/05/2007
Peoal Sum: $ $33800.00 AltomeyNo.:NY087
Limited Power of Att02res: 2/05/2008
Approved by :
Sigoatur
Name of Principal: H&A LANDSCAPE OF L.1. INC
Name of Obligee: TOWN OF SOUTHOLD
Descriptions(s): PARKING LOT IMPROVEMENTS TO THE SOUTHOLD VILLAGE
PARKING LOT
Bond No. : GB7992
\Rfr.v ~[Ili~
LocationlifaDDlicable): SOUTHOLD NY
KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation duly organized and
existing under the laws of the State of Washington and having its principal office in Seattle, King County. Washington does by these presents make,
constitute and appoint MATTHEW WILKOFF OF PORT WASHINGTON, NY
its true and lawful ^ttarey-in-Fact, with full power and aulhoritv hereby cooterred in its name, plooe and slead, to CXCCIKe, ackoowledge and deliver the bood(s) and'or
other doClments itx:idenlal thereto deacnbed iIbove; and to bind !he ~"ebj as fully aDd to the same extertas if each such boi1d, or other documents incidental
thereto was sUord by the Presidem. sealed with the ~'" seal of the arid duly _ by its ._~ ...........nrtifYing and confirrninl< all that the said
Attomev-In-f'"actD do in the . Said~is made under aM bY the autiKlrity of the foll~~hfuJ ado(itedbythe Boon! ofDirectors of
CON1RACTO~IN~SURANCE mMPANY on SepIembir 10. 2001.
RESOLVED that the CbiefExecutive Officer, President, CbiefFinancial Officer, Secrewy or Vice Presidert of the Comoonv is llUllxxi2I>d to appoint
AlIooleys-In-Fact tOC and on bebaIf of the Comoonv with the power and aulhoritvto sign on ~ of the Con1pmy _ SlI'Ctv 6ondsor ~Ofsuretyship
wbicb liom time to time be aooroved by die ChiefEsecutive Officer, Presidem. CbiefFinancial Officer. secretmy or IllIV Vice President of the , jrovided,
bowevel'~ no Attomev-In-Faci.man be aiJthorized to CXCCIKe and deliver any bond orunder1llkingthat shall oblip: the ":'Y~ tOC any portion of ~ sum
thereofin excess of$15,OOO,ooo, and [>OVided. furtIte.-, that no Attcmey-In-Fact shall have the lllJlIxjjtyto isslll a bid or ~bOi.J tOCaoy rroject wb"", if the
contract is awarded, any bond or undet1aking would be required with a penal sum in excess of$15,ooo;ooo. An A1tomey-In-Factmay also be liudiori2J::d by Power of
Alli?meY to excecute any """"" or other <I:lclmont itx:ideolalto said bond or uodeIIaking, povided such document does not obligate the Company is excess of the 1irnit
settOCth above. In no event shall any Attcrney-In-Fad have any authority to sign any dociJriIent or otherwise bind the Company in any way in cotIII:Clion with aclaim on
a surety bond or uodeIIaking,
RESOLVED FURTHER that each Power of Allonley must set _ the specific descripIion of the surety bond or llDljelIa!<ingto wbicb it applies, the name of the
!>itK:ioaI. the name of the obfuo:e, the oeoal sum, the bond mmberlexcept tOC a bid bond where there is no mmber~ the identitVinl<tlUItlber of the Allonley-In-Fact, and
!he ~ number of the PoWer of Attorney. The Attorney-In-Fact.man not be _to ob1jgate Comoonv tOC surety lxniI or uoder1aking specified in the Power
of Attcrney (nx:ludingany coments or other doCuments in:ideiUlto the surety bond or uOOelaking) rormore lhim the peml sum specified in the Power of Attorney.
RESOLVED FURTHER that the CbiefExecutive Officer, President, CbiefFinancial Officer, Secretarv or Vice Presidertofthe Comoonv is llUllxxi2I>d to establish a
specific exointlion dale tOCthe Power of Attorney and to ~ that dale liom time to time as the Cbief~ Officer, President, CbiefFiDan:iaI Officer. Secrettry or
any Vice I'resident of the Company deems necessmy in bi&11ei sole discretion; the applicable exointlion dale is to be clearly set forth in any written Power of Attorney.
RESOLVED FURTHER thatall pevious resolutions by the Boon! of Directors authorizing the Cbief Executive Officer, Presidem. CbiefFinancial Officer, Secrettry or
any Vice Presidert of the Company to appoint AttomevS-In-Fact tOC and on bebaIf of the CiJm(mtyrermin in full tOCce and effi:ct; and that ifa Power of Attorney based
on this resolution is allacbed to a bimd (tOCexamo1e, a liid bond1 and a Power of Attorrey based on another Boan! ofDirectors resolution is allacbed to another bond (tOC
example, a perfont1an:e and payment ~ it shall not affi:d the validity of either _of Attorney or Bond
RESOLVED FURTHER that this Limited Power of Allontey containing this and the fore!Jling resolutions and the sigmtures of the President, Secrettry. and Notary
Public,and thecorporaleandNotaryseals . bereoo,are geo:ratOd, storedand_elec1rooically. and _ in pinledfonnorilyatrecipient.s filx
macbire. This filx pinted Limited 1'mM:r~'&" document and the signatures and seals appearing bereor1 therefore are, ~ be deemed orginals in all respects.
RESOLVED FURTHER that the Coolpan)I ackoow1edges the licabilitv of the Electronic SigoatlRs in Global and National Commerce Act to this Limited Power of
Attomey and that the signatures of the Piesidenl, Secretarv and \:'tmy Public and the lXlIJlOf8llllind Notary seals appearing on any Limited Power of Attorney containing
this and'the!Otegojng resolutions as \veil as the Limited ~of Attorney itselfand its tran>mission may be, or may be bY fucsirilile or other means of electronic or
electro-mechani:a transmission or rqxoduction; and any such Limited Power of Attcrney shall be deemed an origiiJal in all respects.
INWI1NESS WHEREOF mNTRACTORS BONDING AND INSURANCE mMPANY bas caused thesepresen1s to be signed by Don g~~ seal
tobeberetoaffix~919 $,..,...........'~,.
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'O:....CJ tf'.1;.
mNTRACTORS BONDING AND INSURANCE mMPANY {~f SEAL 'j~
1.'3-.. /P/
By: \" .... Jg .,' f
lJonS1l1rn1,PresKIeJ1t 111t...,.....r.t.,~...__.:
"".J'H'"' ._.-
STATE OF WASHINGTON-mUNTY OF KING --....
On 9/9/2002. personally appeared DON SIRKIN to me known to be the representative of the corporation that executed the fore~ing Limited
Power of Attorney and acknowledged said Limited Power of Attorney to De free and voluntary act and deed of said corporation. for the uses and
purposes therein mentioned, and on oath stated that he is authorized to execute the said Limited Power of Attorney.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year first above written.
~.~
~ I-} ~l~D'~tr
~ Notary Public in aDd for the State of Washington. residing at Seattle
Tbe undersigned acting under authority of the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby
certifies, as or in lieu of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE C0MPANY, tltatthe above aDd
foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and does hereby further certify that the said
Power of Attorney is still in force and effect.
GIVEN under my hand. at Kin. Of Prussia. P A this Oi....- day of FER 2007
~p
R. Kirk Eland, Secretary
AI(052004)
04/26/2006 12:00 FAX 888 865 2242
ell;/:
~
.... ~" ~
CBIC INSURANCE
141002
POA Attachment:
Financial Statement
Home Ot4ce:
1213 Valley s""'.
P.O. Box 9271
S..llleLWA ~81~271
(206) "'2-70.13
18(0) 7lSS.cJIlC "lOll P",.
206) 382.~623 FAX
800) ~.So.lSS8 'lOll..... FAX
Financial Statement
Cont::tactors Bonding And Insurance Company
as of December 31,2005
Assets
Bonds and Stod<s
Real Estate
Cash
Short Tenn Investments
Agents' Balances ReCeivable
Interest, DiVidends, and Real Estate
Income Due and Acaue<l
Equities &: DeposIts in Pools
&: Associations
Other Assets
Total Admitted Assets
139,695,352
2,311,079
4,556;017
00.00
14,897,850
Liabilities, Capital &: Surplus
Reserve for Losses 39,046,852
Reserve for Loss Expenses 10,036,770
Reserve for Unearned P.emiums 41,673,420 .
Reserve for Taxes and Expenses 7,833,577
Other liabilities &: Reserves 17,147,903
1,334,921
Total Liabilities
Capital
Gross Paid In and Coottibuted Surplus
Unassigned Surplus
115,738,522
2,500.000
2,510.250
49186.812
OO~OO
71403nS'
169.935.584 Total Liabilities, Capital &: Surplus
169 935 584
STATE OFWASHINGTON }
COUNTY OF KING SS:
CITY SEATTLE
Robert M. Ogle, being duly sworn, says: That he is the Treasuret of Contractors Bonding and Insurance Company and
that the foregoing statement to best of his knOWledge and belief, Is a full, true and correct statement of the financial .
condition of said Company on the 31st day of December, 2005.
SWorn to before me this 13th
day of March, 2006
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Robert M. lei Treasurer
2
RESOLUTION 2007-73
ADOPTED
DOC ID: 2425
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-73 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 2, 2007:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an a!!:reement with H & A Landscapin!!: of LI. 5
Trader Lane Levittown. NY 11756 in connection
with Improvements to the Southold Villa!!:e Parkin!!: Lot in the amount of $33,800
for the term, in accordance with the plans and specifications prepared by James Richter, RA,
Office of the Town Engineer and subject to the approval of the Town Attorney.
I"gt.(~a~....:J.I~
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER: Daniel C. Ross, Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
i
,.
SOUTHOLD VILLAGE MERCHANTS
P.O. Box 1356 Main Road
Southold,NY 11971
To: Supervisor Joshua Horton
RE: Parking Lot - Southold Village
V'Cc: Southold Town Board
South Side of Route 25
I am attaching copies of my two previous letters to you regarding the Southold
Village parking lot. The merchants in the village as well as the residents of the Town that
use the parking lot continue to ask the status of the upgrading that needs to be done.
The Southold Village Merchants Group would appreciate being informed of any
meetings you and theTown Board will have to discuss this project.
I know that you have had plans drawn up and this expense is in the 2006 budget and we
would like to know when this project is expected to begin.
Thanks very much.
Carol Scott
Joan Tyrer
~
>>O~
October 15,2005
765-9500
~
I
r
SOurnOLD VILLAGE MERCHANTS
P. o. Bocx 1356 Southold
July 16, 2005
To: Supervisor Joshua Horton:
Following up on our letter of April 5, 2005, copy enclosed, the Southold Village
Merchants would like to know the status of the Town parking lot project.
In Item #2 of our letter we asked that the pole in the middle of the lot be removed and
new poles put in the back of the lot. We would also like to request that the pole on the
Main Road (cemented in) be removed .
(l
As stated in our original letter, our goal is to increase the number of parking spaces to its
capacity and to make it more attractive. We would like these improvements
accomplished before the winter (since it has not been done for our summer tourist
season).
We also need. the return ofthe"2-hour parking" signs in the parking lot since people still
continue to park there for days at a time and take the bus to the city.
Another suggestion from the village merchants is that direction signs be clearer for the
town parking behind the Main Street Grill and the Methodist Church.
Some members of our group would like to attend the meeting when the parking lot
project is discussed so we request that you let us know when this would be. You may
call Carol Scott at 765-4100 or Joan Tyrer at 765-9500. and we can alert the merchants.
Thank you so much for your attention to this project.
Carol Scott
~~
Joan Tyrer
~
.
.
SOUTHOLD V ILLAGE MERCHANTS
P.O. BOX 1356 SOumOLD, NY 11971
TO:
Supervisor Joshua Horton:
April 5, 2005
The Southold Village Merchants would like to request that repairs be done
on the parking lot on the south side of Route 25 in the hamlet of South old.
1. Remove the cement curb in the middle of the lot so that the
parking lot is all flat.
2. Could electric pole in the middle of the lot be removed and electric
Poles be placed at the rear of the lot on either side (illuminating the
entire lot.
3. Make lot level. Scrape down and put a solid base under blacktop so
washouts don't occur so frequently.
4. Clean up east side oflot. Boxwood and trees must stay but weeds
removed and perhaps mulch placed on top. Belgian block (not
too high) along that side would keep mulch in the bed. Remove
(carefully) the rusted iron pipe along the cement wall and perhaps
replace it with split rail type fence as in parking lot in Mattituck
behind Village Lane.
5. A goal would be to get the most parking spaces as possible :from
this lot. Therefore, it would help to have designated parking spots
along the east side and diagonal parking in the lot. Also, marking
the spots on the west side that the public could use would also gain
some parking spots
6. We would like to see these improvements accomplished for the
2005 summer season.
We met with Peter Harris, Jim McMahon, Jamie Richter and Garret Strang
in March to discuss the above possibilities. Ifwe can help further, please let
us know.
Carol Scott Joan Tyrer
(\ ()
~~O~
.l.. .
AGREEMENT
THIS AGREEMENT made this 3rd day of January 2007 between the Town of
Southold, a municipal corporation of the State of New York, having its office and principal
place of business at 53095 Main Road, Southold, New York 11971 hereinafter called the
"Town" and H & A Landscaping ofL!, 5 Trader Lane, Levittown, NY 11756, herein
after called the "Contractor".
WHEREAS, the Town of Southold desires to engage the contractor to render certain
professional services herein described in connection with an undertaking.
NOW, therefore, the parties hereto mutually agree as follows:
1. The Contractor does hereby agree to perform all the work outlined in the
"Invitation to Bid - Restoration & Reconstruction of the Southold Hamlet Parking Lot",
dated October 17, 2006 and annexed hereto and made part ofthis contract.
(Exhibit A).
2. The Town does hereby agree to pay the Contractor for the work, the total sum of
Thirty three thousand, eight hundred dollars ($33,800). The total sum
Is to be paid to the Contractor within forty-five (45) days of the completion ofthe
said work and the acceptance thereof by the Town.
5. The Contractor shall secure and maintain such insurance that will protect him/her
~
.
from claims under the Worker's Compensation Acts and from claims for bodily
injury, death or property damage that may arise from the performance of his/her
services under this Agreement, in limits of $1 ,000,000. and $2,000,000. aggregate
liability for bodily injury and property damage. The Contractor shall indemnify
and hold harmless the Town from and against all suits, claims, demands or actions
for any injury sustained or alleged to be sustained by any party or parties in
connection with the alleged negligent performance or negligent performance by the
Contractor, his employees or agents or any subcontractor and in case of any such
action brought against the Town, the Contractor shall immediately take charge of and
defend the same at his own cost and expense. In addition, the Contractor will name
the Town as an additional insured on any applicable policies.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
Town of Southold
By s",,~11:.-:,~
H & A Landscaping of LI
Invitation to Bid
11111.1.
I
IICI.IInICIII.
01 the
SOUlhold Hamiel
Parking 101
N Y State Route 25
Southold_ New York 11971
Date: October 17,2006
~~fFOLt ~
'11......\
... .. a
~~. ~
rt~ . 1-~~
SOUTHOLD TOWN
ENGINEERING DEPARTMENT
SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD
.
PROJECT DESCRIPTION
This Project includes The Restoration of the South old Hamlet Parking Lot. This
Project shall include the Demolition of; Existing Concrete Sidewalks, Asphalt
Surfaces, Utility Pole & Guard Rails, and shall include; the installation of Electrical
Conduit, New Concrete Curbing & Sidewalks, and New Asphalt Pavement.
The Project location is located on the south side of State Rte. 25 in the Hamlet of Southold.
This Project is for the demolition of existing concrete sidewalks and pavement surfaces in
preparation for the installation of New Concrete Curbing & Sidewalk, and the resurfacing of
the parking lot with a two (2") inch Asphalt Overlay. Where required, the Contractor shall
install 2" diameter electrical conduit for the installation of Street Lights by Others.
Contractor shall provide all hay bales and silt fencing to meet the minimum requirements of
the New York State "NPDES" Program.
The contractor shall accept all actual existing local, on-site conditions which may differ or
vary from the information contained within the contract documents, without additional
compensation.
The Contractor and his/her employees shall be granted access to the Project Site during
the normal working hours. All Site access shall be coordinated with the Town Department
of Public Works prior to commencement of the work. [765-1283]
All work shall be completed in a timely manner and excavations 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 DEPARTMENT OF PUBLIC WORKS:
Attention: James McMahon (631) 765 -1283
South old Town Hall
P. O. Box 1179, 53095 Main Road
Southold, New York 11971
James. mcmahon@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.
.
INDEX TO SPECIFICATIONS
Title Sheet
Project Description
Index to Specifications
BIDDING REQUIREMENTS.
Invitation to Bid
Instructions to Bidders
Statement of Non-Collusion
Proposal Fonm
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
Prevailing Wage Rates & Payroll Certification forms
Non-Discrimination Clause
Compliance with the Labor Law &
Other Dept. of Labor Regulations
AlA Document # A201
F - 1 through F - 2
G - 1 through G - 1
I - 1 through I - 3
J - 1 through J - 2
K - 1 through K -8
GENERAL SPECIFICATION REQUIREMENTS
Project Specifications
Page 1 through Page 5
INDEX TO DRAWINGS
EX-1
EXISTING CONDITIONS
& DEMOLITION PLAN
A-1
Parking Lot Improvements
& Restoration Plan
.
INVITATION TO BID
PROJECT: The Restoration of the South old Hamlet Parking Lot located on the
South Side of State Route 25. This Project shall include the
Demolition of; Existing Concrete Sidewalks, Asphalt Surfaces, Utility
Pole & Guard Rails, and shall include; the installation of Electrical
Conduit, New Concrete Curbing & Sidewalks, and New Asphalt
Pavement.
The Town Board of the Town of Southold will receive bids for fumishing all materials,
labor and equipment as specified in the bid documents for the restoration of the Southold
Parking Lot all in accordance with the Drawings & Specifications contained herein.
Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095
Main Road, Southold, New York 11971, until
10:00 AM, 30th ,November 2006
Day
Month
Year
All specifications are provided herein: drawings 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.
A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of Southold will
be required for one (1) copy of the Contract Documents. There are no refunds.
The Town of South old 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: October 10, 2006
BY ORDER OF THE SOUTH OLD TOWN BOARD
By: Elizabeth A. Neville
Southold Town Clerk
Southold Hamlet Parking Lot
A -1
INSTRUCTIONS TO BIDDERS
A. PROPOSALS
Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall
write in ink, both in words & numerals, the price for which he proposed: to furnish all labor, materials,
plant, equipment, tools, 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. Performance bonds in the amount of 100% of the contract price shall be
required of the successful bidder.
B. PROPOSAL GUARANTY
A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a
bid bond or certified check in the amountof5% of the total bid, for each item bid, and made payable
to the Town of Southold. Please Note: Performance Bonds or other Securities deemed acceptable
by the Town Attorney's Office in the amount of 100% of the contract price shall be required of the
successful bidder.
As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or
the certified checks accompanying such proposals as, in his judgment, would not likely be involved
in making the award. All other proposal quantities will be held until the contract and contract bond
have been executed after which they will be released or returned to the respective bidders whose
proposals they accompanied.
C. OMISSIONS AND DISCREPANCIES
Bidders should carefully examine the 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.
D. 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.
Southold Hamlet Parking Lot
B-1
.
.
E. AWARD OF CONTRACT
Award of contract will be made as soon as practical. A contract may be awarded to a responsible
bidder other than the lowest 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.
F. 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 retumed to him unread.
G. REJECTION OF PROPOSALS
The Town reserves the right to waive any technical error and to reject any and/or all proposals.
Without limiting the generality of the foregoing, any proposal which 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 having interlineations, erasure or corrections may be
rejected.
H. TIME FOR EXECUTION OF CONTRACT
Any bidder whose proposal shall be accepted will be required to appear before the Town in person;
or if a firm or corporation, a duly authorized representative shall so appear, and execute Two (2)
copies of the Contract within ten (10) days after notice that the Contract has been awarded to him.
Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of
the Proposal.
J. TIME LIMIT TO COMMENCE AND COMPLETE WORK
The contractor shall commence work within 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.
Southold Hamlet Parking Lot
B-2
STATEMENT OF NON-COLLlJSION
(To be completed by each Bidder)
In accordance with Section 103-<1 General Municipal Law, effective September 1,1966, every bid or proposal
hereafter made to a political subdivision ofthe State of any public department, agency, or official thereof orto a
fore district or any agency or official thereoftor 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 bysuch 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 ajolnt 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 Indlrectiy, 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 signatory) (Name of Corporation)
authorized to sign and submit the bid or proposal of this corporation for the following Project:
The Restoration of the South old Hamlet Parking Lot located on
the South Side of State Route 25, Southold, New York 11971
and to include in such bid or proposal the certificate as to non-colluslon required by section one.
hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for
any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the
penalties of perjury.
The foregoing is true and correct
copy of the resolution adopted by
corporation at a meeting of the
Board of Directors, held on the
day of
,20 .
(SEAL OF THE CORPORATION)
Laws of New York,1965
Ch. 751, Sec. 103-d, as amended &
effective on September 1, 1965.
Signature
Southold Hamlet Parking Lot
C -1
PROPOSAL FORM
Date:
NAME of
BIDDER:
Telephone:
TO: SOUTH OLD TOWN BOARD
TOWN HALL - 53095 MAIN ROAD
SOUTH OLD, 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 perfonmance 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:
October 17, 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
examinaUon of the proposed work, and by such other means as he may have chosen, as to the
conditions and requirements of the work; and he proposed and agrees that if his proposal be
accepted he will contract to furnish all materials not provided by the Town (See Specifications) and
to perfonm all the work required to construct, perform and complete the work at:
Southold Hamlet Parking Lot. State Route 25, Southold, New York 11971
and all other work in connection therewith, in accordance with the contract documents and addenda,
if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town
Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations
contained therein and will furnish the required Performance Bond; and that he will start the work as
directed by the Town, he will accept, in full payment thereof as listed below:
GENERAL CONSTRUCTION
THE RESTORATION OF THE SOUTHOLD HAMLET PARKING LOT LOCATED ON THE SOUTH
SIDE OF STATE ROUTE 25. THIS PROJECT SHALL INCLUDE: THE DEMOLITION OF; EXISTING
CONCRETE SIDEWALKS, ASPHALT SURFACES, UTILITY POLE & GUARD RAILS, AND SHALL
INCLUDE; THE NECESSARY GRADING AND INSTALLATION OF ELECTRICAL CONDUIT, NEW
CONCRETE CURBING & SIDEWALKS, NEW ASPHALT PAVEMENT AND SHALL CONSTRUCT A
COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE
REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF:
(written In words)
(written In numbers)
Southold Hamlet Parking Lot
0-1
.
PROPOSAL FORM (Cont.)
And he further agrees that if this proposal shall be accepted by the Town and that ifhe shall refuse,
fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the
Town, that he shall be considered to have abandoned the contract.
We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a
period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement
may extend this time period. The undersigned hereby acknowledges receipt (if any) of the following
addenda:
Addendum Number:
(IF ANY)
Dated:
Signature
of Bidder:
Bidders
Address:
Telephone
Number:
Date:
Southold Hamlet Parking Lot
0-2
NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION
(TO BE COMPLETED BY EACH BIDDER)
Bidder's Certifications:
A bidder will not be eligible for award of a contract under this invitation forBids 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 contractthe
subcontractor certification required by these Bid Conditions.
(Signature of Authorized Representative of Bidder)
South old Hamlet Parking Lot
E - 1
THE
AMERICAN
INSTITUTE
o F
ARCHITE{;TS
I
AlA Document A201
General Conditions of the Contract
for Construction
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION
WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT ro ITS MODIFICATION
1987 EDITION
TABLE OF ARTICLES
1. GENERAL PROVISIONS
8. TIME
2. OWNER
9. PAYMENTS AND COMPLETION
3. CONTRACTOR
10. PROTECTION OF PERSONS AND PROPERTY
4. ADMINISTRATION OF THE CONTRACT
11. INSURANCE AND BONDS
5. SUBCONTRACTORS
12. UNCOVERING AND CORRECTION OF WORK
6. CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS
13. MISCELLANEOUS PROVISIONS
7. CHANGES IN THE WORK
14. TERMINATION OR SUSPENSION OF THE
CONTRACT
This document has been approved and endorsed by the Associated General Contractors of America.
Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, @1987byTheAmerican Institute of Architects, 1735
New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions.
m CAUTION: You should use an original AlA document which has this caullon printed In red.
WW An original assures that changes wilt not be obscured as may occur when documents are reproduced.
AlA DOCUMENTA201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlAe . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A201.1987 1
WARNING: Unncensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
'. '.
Acceptance 01 Nonconlormlng Work . "9.6.6,9.9.3,12.3
Acceptance of Work 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3
Acce..toWork. 3.16,6.2.1,12.1
Accident Prevention. . . . . . . . . . . . . . . . . . . .. 4.2.3, 10
Acts and Omissions 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2,
4.3.9,8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1
Addenda 1.1.1,3.11
Additional Cost, Claims for. . . 4.3.6,4.3.7,4.3.9,6.1.1,10.3
Additional Inspections and Testing. . 4.2.6,9.8.2,12.2.1, 13.5
Additional Time, Claims' for. . . . . . . . 4.3.6,4.3.8,4.3.9,8.3.2
ADMINISTRATION OF THE CONTRACT 3.3.3,4,9.4,9.5
Advertisement or Invitation to Bid. 1.1.1
Aesthetic Effect. 4.2.13,4.5.1
Allowances 3.6
AII-cisklnsurance. ... .. 11.3.1.1
Appllcetlons lorpeyment 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
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
4.1.4,4.3.2,4.3.4,4.4.4,4.5,
8.3.1,10.1.2,11.3.9,11.3.10
Architect .. .. .. .... 4.1
Architect, Definition of. 4.1.1
Architect, Extent of Authority. 2.4,3.12.6,4.2-,4.3.2,4.3.6,
4.4,5.2,6.3,7.1.2,7.2.1,7.3.6,7.4,9.2,9.3.1,
9.4,9.5,9.6.3,9.8.2,9.8.3,9.10.1,9.10.3,12.1,12.2.1,
13.5.1,13.5.2,14.2.2,14.2.4
Architect, Limitations of Authority and Responsibility. 3.3.3,3.12.8,
3.12.11,4.1.2,4.2.1,4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,
4.2.13,4.3.2,5.2.1,7.4,9.4.2,9.6.4,9.6.6
Architect's Additional Services and Expenses. 2.4,9.8.2,
11.3.1.1,12.2.1,12.2.4,13.5.2,13.5.3,14.2.4
Architect's Administration ofthe Contract. 4.2,4.3.6,
4.3.7, 4.4, 9.4, 9.5
Architect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7
Architect's Authority to Reject Work .. 3.5.1,4.2.6,12.1.2,12.2.1
Architect's Copyright 1.3
Architect's Decisions. 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,
4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,
9.2,9.4,9.5.1,9.8.2,9.9.1,10.1.2,13.5.2,14.2.2,14.2.4
Architect's Inspections. 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2,
9.9.2,9.10.1, 13.5
4.2.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1,13.5.2
4.2.11,4.2.12,0.7
4.2.2,4.2.5,4.3.6,9.4.2,
9.5.1,9.10.1,13.5
Architect's Project Representative 4.2.10
Architect's Relationship with Contractor. 1.1.2,3.2.1,3.2.2,
3.3.3,3.5.1,3.7.3,3.11,3.12.8,3.12.11,3.16, 3.18, 4.2.3, 4.2.4,
4.2.6,4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7,12.1,13.5
Architect's Relationship with Subcontractors. . 1.1.2,4.2.3,4.2.4,
4.2.6,9.6.3,9.6.4, 11.3.7
9.4.2,9.5.1,9.10.1
4.2.2,4.2.5,4.29,4.3.6,9.4.2,9.5.1,
9.8.2,9.9.2,9.10.1,13.5
10.1
3.18.1,9.10.2,10.1.4
6.1.1
Approvals .
Arbitration .
Architect's Instructions.
Architect's Interpretations.
Archhect's On-Site Observations
Architect's Representations. .
Architect's Site Visits.
Asbestos
Attorneys' Fees,
Award of Separate Contracts.
Award 01 Subcontracta and Other Contracts lor
Portions oflhe Work .
B..lc Dellnltlons .
Bidding Requirements.
Boller and Machinery Insurance .
Bonds, Lien
Bonds, Performance and Payment. .
5,2
1.1
1.1.1,1.1.7,5.2.1,11.4.1
11.3.2
9.10.2
7.3.6.4.9.10.3. 11.3.9, 11.4
INDEX
Building Permit ................... 3.7.1
Capltellzatlon.. ......... 1.4
Certificate of Substantial Completion . . . . . . . . . 9.8.2
CertlflceteslorPaymenl....... 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,
9.6.6,9.7.1,9.8.3,9.10.1,9.10.3,13.7,14.1.1.3,14.2.4
Certificates of Inspection, Testing or Approval 3.12.11,13.5.4
Certificates of Insurance 9.3.2,9.10.2,11.1.3
Change Orders. . . . .. 1.1.1,2.4.1, 3.8.2.4, 3.11, 4.2.8, 4.3.3, 5.2.3,
7.1,7.2,7.3.2,8.3.1,9.3.1.1,9.10.3,11.3.1.2,
11.3.4, 11.3.9, 12.1.2
. . . .. . . .. . . . 7.2.1
7.1
3.11,4.2.8,7,8.3.1,9.3.1.1,10.1.3
4.3.1
4.3,4.4,4.5,6.2.5,8.3.2,
9.3.1.2,9.3.3,9.10.4, 10.1.4
Claims and Timely Aleerllon 01 Claims . . . . .. 4.5.6
ClalmslorAddltlonalCosl. ... 4.3.6,4.3.7,0.9,6.1.1,10.3
Claims lor Additional Time. . . . . . . . . . .. 4.3.6,4.3.8, 4.3.9, 8.3.2
Claim. for Concealed or Unknown Conditions. . . 4.3.6
Claims lor Damages. . .3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, 10.1.4
Claims Subject to Arbitration. 4.3.2,4.4.4,4.5.1
Cleaning Up .. .. .. .... 3.15, 6.3
CommencementolSlatuloryLlmllatlonPer1od ... 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, 8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1
CommencementoftheWork,Definitionof............ 8.1.2
Communications Facilitating Contract
Administration 3.9.1,4.2.4,5.2.1
Completion, Conditions Relating to 3.11,3.15,4.2.2,4.2.9,
4,3.2,9.4.2,9.8,9.9.1,9.10,11.3.5,12.2.2,13.7.1
COMPLETION, PAYMENTS AND. . . .. 9
Completion, Substantial. . . 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3,
9.8,9.9.1, 12.2.2, 13.7
Compliance with Laws. 1.3,3.6,3.7,3.13,4.1.1,10.2.2,11.1,
11.3, 13.1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3
Concealed or Unknown Conditions. . . . . . . . . . 4.3.6
Conditions of the Contract .. 1.1.1,1.1.7,6.1.1
Consent, Written 1.3.1,3.12.8,3.14.2,4.1.2,
0.4,4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,10.1.3,
11.3.1,11.3.1.4,11.3.11,13.2,13.4.2
CONSTRUCTION BY OWNER OR BY SEPARATE
CONTRACTORS 1.1.4,6
Construction Change Directive, Definition of. 7.3.1
Construction Change Directives. . . 1.1.1,4.2.8,7.1,7.3,9.3.1.1
Construction Schedules, Contractor's. . 3.10,6.1.3
Contingent Assignment of Subcontracts 5.4
Continuing Contract Performance 4.3.4
Contract, Definition of . . . 1.1.2
CONTRACT, TERMINATION OR
SUSPENSION OF THE 4.3.7,5.4.1.1,14
Contract Administration 3.3.3,4,9.4,9.5
Contract A ward and Execution, Conditions Relating to . 3.7.1,
3.10,5.2,9.2,11.1.3,11.3.6,11.4.1
Contract Documents, The 1.1,1.2,7
Contract Documents, Copies Furnished and Use of 1.3,2.2.5,5.3
Contract Documents, Definition of 1.1.1
Contract Performance During Arbitration. . , . 4.3.4,4.5.3
Contract Sum . 3.8,4.3.6,4,3.7,4.4.4,5.2,3,
6.1.3,7.2,7.3,9.1,9.7,11.3.1,12.2.4,12.3,14.2.4
Contract Sum, Definition of. 9.1
Contract Time 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3,
8.2.1,8.3.1,9.7,12.1.1
.................... 8.1.1
Change Orders, Definition of . .
Changes. ......
CHANGES IN THE WORK
Claim, Dellnlllon of .
Clelms and Dlsputaa .
2 A201.1987
Contract Time, Definition o~ .
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA~ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W" WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying vlola1es U.S. copyright laws and Is sUbJect to legal prosecution.
CONTRACTOR . . . .. . . . 3
Contractor, Deflnltlon of ,........ 3.1,6.1.2
Contractor's Bid. . . . . . . . . . . . . . . . 1.1.1
Contractor's Construction Schedules. . 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
ContrsC1or's L1sblllly Insursnce. . 11.1
Contractor's Relationship with Separate Contractors
and Owner's Forces 2.2.6,3.12.5,3.14.2,4.2:4,6,12.2.5
Contractor's Relationship with Subcontractors. . . . . . .} .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'sRelationshipwlththeArchitecl .... 1.1.2,3.2.1,3.2.2,
3.3.3,3.5.1,3.7.3,3.11,3.12.83.16,3.18,4.2.3,4.2.4,4.2.6,
4.2.12,5.2,6.2.2,7.3.4,9.8.2, 11.3.7, 12.1, 13.5
Contractor's Representations. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3
Contractor's Responsibility for Those
PerformlngtheWork. 3.3.2,3.18,4.2.3, to
Contractor's Review of Contract Documents . 1.2.2,3.2,3.7.3
Contractor's Right to Stop the Work ............ ......... 9.7
Contractor's Right to Terminate the Contract ............ 14.1
Contractor's Submittals . .. 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,
7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,
9.10.3,10.1.2, 11.4.2, 11.4.3
Contractor's Superintendent. 3.9,10.2.6
Contractor's Supervision and Construction Procedures. 1.2.4,
3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10
Contractual Liabllity Insurance. ......... 11.1.1.7,11.2.1
Coordination and Correlation 1.2.2,1.2.4,3.3.1,
3.10,3.12.7,6.1.3,6.2.1
Copies Furnished of Drawings and Specifications. 1.3,2.2.5,3.11
Correction of Work . . . .. . . .. . 2.3,2.4,4.2.1,9.8.2,
9.9.1, 12.1.2, 12.2, 13.7.1.3
Cost,Definitionof ................. 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
Cut1lngsndPstchlng.. 3.14,6.2.6
Damage to Construction of Owner or Separate COnlf'.tctors 3.14.2,
6.2.4,9.5.1.5,10.2.1.2,10.2.5,10.3,11.1,11.3,12.2.5
Damage to the Work ..... 3.14.2,9.9.1,10.2.1.2,10.2.5,10.3,11.3
Damages, Claims for. 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4
Damages for Dday . 6.1.1,8.3.3,9.5.1.6,9.7
Date of Commencement of the Work, Definition of . 8.1.2
Date of Substantial Completion, Definition of. 8.1.3
Day, Definition of. 8.1.4
Decisions of the Architect. 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,
4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8, 8.1.3, 8.3.1, 9.2,
9.4,9.5.1,9.8.2,9.9.1,10.1.2,13.5.2,14.2.2,14.2.4
Decisions to Withhold Cerllllcstlon 9.5, 9.7, 14.1. 1.3
Defective or Nonconforming Work, Acceptance,
Rejection and Correction of . 2.3,2.4,3.5.1,4.2.1,
4.2.6,4.3.5,9.5.2,982,9.9.1,10.2.5,12,13.7.1.3
DefectiveWork,Definitionof .. 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,
4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,81,9.1,9.8.1
DelsY88nd Extensions of Time . 4.3.1,4.3.8.1.4.3.8.2,
6.1.1,6.2.3,7.2.1,7.3.1,7.3.4,7.3.5,7.3.8,
7.3.9,8.1.1,8.3,10.3.1,14.1.1.4
Disputes 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2
Documents and Samples at the Site. 3.11
Drawings, Definition of . 1 .1 .5
Drawings and Specifications, Use and Ownership of. 1.1.1,.1.3,
2.2.5, 3.11, 5.3
Duty to Review Contract Documents and Field Conditions. . 3.2
Effective Date ofInsurance . 8.2.2,11.1.2
Emergsnclss 4.3.7,10.3
Employees, Contractor's 3.3.2,3.4.2,3.8.1,3.9,3.18.1,
3.18.2,4.2.3,4.2.6,8.1.2,10.2,10.3,11.1.1,14.2.1.1
Equipment, Labor, Materials and . 1.1.3,1.1.6,3.4,3.5.1,
3.8.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,
6.2.1,7.3.6,9.3.2,9.3.3,11.3,12.2.4, 14
Execution and Progress of the Work. 1.1.3, 1.2.3,3.2,3.4.1,
3.5.1,4.2.2,4.2.3,4.3.4,4.3.8,6.2.2,7.1.3,
7.3.9,8.2,8.3,9.5,9.9.1, 10.2, 14.2, 14.3
Execution, Correlation and Intent of the
Contract Documents.. ... . .. .. . . '" . 1.2,3.7.1
Extensions of Time ........ 4.3.1,4.3.8,7.2.1.3,8.3,10.3.1
Failure of Paymem by Contractor .. 9.5.1.3,14.2.1.2
Failure of Payment by Owner 4.3.7,9.7,14.1.3
Fauhy Work (See Defective or Nonconforming Work)
Flnsl Completion snd Flnsl psyment 4.2.1,4.2.9,4.3.2,
4.3.5,9.10,11.1.2,11.1.3,11.3.5,12.3.1,13.7
Financial Arrangemems, Owner's. . . . ... . . . .. . . .. . . . . . .. 2.2.1
Fire and Extended Coverage Insurance 11.3
GENERAL PROVISIONS. 1
Govsrnlng Lsw ......... 13.1
Guarantees (See Warranty and Warranties)
Hazardous Materials . ......... 10.1,10.2.4
Identification of Contract Documents 1.2.1
Identification of Subcontractors and Suppliers. . 5.2.1
Indemnlllcetlon. ... 3.17,3.18,9.10.2,10.1.4,11.3.1.2,11.3.7
Information and Services Required of the Owner. . .. 2.1.2,2.2,
4.3.4,6.1.3,6.1.4,6.2.6,9.3.2,9.6.1,9.6.4,9.8.3,9.9.2,
9.10.3,10.1.4,11.2,11.3,13.5.1,13.5.2
Injury or Damage to Person or Property. 4.3.9
Inspections. 3.3.3,3.3.4,3.7.1,4.2.2,
4.2.6,4.2.9,4.3.6,9.4.2,9.8.2,9.9.2,9.10.1, 13.5
Instructions to Bidders . ............... 1.1.1
Instructions to the Contractor. 3.8.1,4.2.8,5.2.1,7,12.1,13.5.2
Insurance. .. . . .. 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2,11
Insurance, Boller and Machinery . . . . . . . . . . .. 11.3.2
Insursnce, Contrsctor's Llsblllly . 11.1
Insurance,EffectiveDateof ................ 8.2.2,11.1.2
Insurance, Loss of Use. .......... 11.3.3
Insurance, Owner'sUablllty . 11.2
Insursnce,Properly.. 10.2.5,11.3
Insurance, Stored Materials 9.3.2, 11.3.1.4
INSURANCE AND BONDS 11
Insurance Companies, Consent to Partial Occupancy. .9.9.1,11.3.11
Insurance Companies, Settlement with. 11.3.10
Intent of the Contract Documents . 1.2.3,3.12.4,
4.2.6,4.2.7,4.2.12,4.2.13,7.4
Interest. 13.6
Intorprsl8tlon. 1.2.5, 1.4,1.5, 4.1.1, 4.3.1, 5.1,6.1.2,8.1.4
Interpretations, Written 4.2.11,4.2.12,4.3.7
Joinder and Consolidation of Claims Required. , 4.5.6
Judgmonton FlnslAwsrd . 4.5.1,4.5.4.1,4.5.7
Labor and Materials, Equipment. 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,
3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,
4.2.7,6.2.1,7.3.6,9.3.2,9.3.3,12.2.4,14
Labor Disputes . .... 8.3.1
Laws and Regulations 1.3,3.6,3.7,3.13,4.1.],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
Liens. 2.1.2, 4.3.2, 4.3.5.1,8.2.2,9.3.3,9.10.2
limitation on Consolidation or Joinder 4.5.5
Limitations, 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 DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlAI! . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE. NW, WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
A201-1987 3
" '.
Limitations of Liabillty . 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, General 2.2.1,2.2.4,3.2.1,3.7.3,
3.8.2,3.10,3.12.5,3.15.1,4.2.1,4.2.7,4.2.11,4.3.2,
4.3.3,4.3.4,4.3.6,4.3.9,4.5.4.2,5.2.1,5.2.3,6.2.4,7.3.4,7.4,
8.2,9.5,9.6.2,9.8,9.9,9.10,11.1.3,11.3.1,11.3.2,11.3.5,
11.3.6, 12.2.1, 12.2.2, 13.5, 13.7
Limitations of Time, Specific .... 2.1.2,2.2.1,2.4,3.10,3.11,
3.15.1,4.2.1,4.2.11,4.3,4.4,4.5,5.3,5.4,7.3.5,7.3.9,8.2,
9.2,9.3.1,9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2,11.1.3,11.3.6,
11.3.10, 11.3.11, 12.2.2, 12.2.4,12.2.6, 13.7, 14
LosaofUselnsurance .. 11.3.3
Material 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, Hazardous . . . . . .. . . .. . to.l,10.2.4
Materials, Labor, Equipment and . . 1.1.3,1.1.6,3.4,3.5.1,3.8.2,
3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,6.2.1,
7.3.6, 9.3.2, 9.3.3, 12.2.4, 14
Means, Methods, Techniques, Sequences and
Procedures of Construction . . . .. 3.3.1,4.2.3,4.2.7,9.4.2
Minor Changes In the Work. . . . . . . 1.1.1,4.2.8,4.3.7,7.1,7.4
MISCELLANEOUS PROVISIONS. 13
Modifications, Definition of . 1 .1.1
Modifications to the Contract 1.1.1,1.1.2,3.7.3,3.11,
4.1.2,42.1,5.2.3,7,8.3.1,9.7
Mutual Responsibility 6.2
Nonconforming Work, Acceptance of . 12.3
Nonconforming Work, Rejection and Correction of . 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,
95.1,9.6.1,9.7,9.10,101.2,10.2.6,11.1.3,11.3,12.2.2,
12.2.4, 13.3, 13.5.1, 13.5.2, 14
Notice, Written 2.3,2.4,3.9,3.12.8,3.12.9,4.3,
4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10,
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
Notices, Permlls, Fees and 2.2.3,3.7,3.13,7.3.6.4, 10.2.2
Observations, Architect's On-Site 4.2.2,4.2.5,
4.3.6,9.4.2,9.5.1,9.10.1, 13.5
1.2.2,3.2.2
9.6.6,9.8.1,9.9,11.3.11
4.2.2,4.2.9,4.3.6,
9.4.2,9.8.2,9.9.2,9.10.1
4.2.2,4.2.5,4.3.6,
9.4.2,9.5.1,9.10.1,135
2.3,3.9,4.3.7,7,8.2.2,11.3.9, 12.1,
12.2, 13.5.2, 14.31
OWNER. 2
Owner,Dellnltlonof. 2.1
Owner, Information and Services Required of the . . 2.1.2,
2.2,4.3.4,6,9,10.1.4,11.2,11.3,13.5.1,14.1.1.5,14.1.3
Owner's Authority 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1,
7.3.1,8.2.2,9.3.1,9.3.2,11.4.1,12.2.4,13.5.2,14.2,1431
Owner's Financial Capability .... 2.2.1,14.1.1.5
Owner's Lleblllty Inau18nce 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
2.4,12.2.4,14.2.2.2
6.3
Observations, Contractor's.
Occupancy.
On-Site Inspections by the Architect
On.Site Observations by the Architect.
Orders, Written. .
Owner's Right to Carry Out the Work.
Owner's Right to Clean Up .
Owner's Right to Perform Construction and to
Award Sepa18te Cont18cls .............. 6.1
Owner'a Right to Stop the Work . . 2.3,4.3.7
Owner's Right to Suspend the Work.. 14.3
Owner's Right to Terminate the Contract. . . . . . . . . . . . ,. 14.2
Owne18hlp and Use 01 Archltect'a D18wlnga, Specifications
and Other Documents. 1.1.1,1.3, '2.2.5, 5.3
PartialOccupancyorUae ... 9.6.6,9.9,11.3.11
Patching, Cutting end. . . . . .. . . . . . 3.14,6.2.6
Pa.ents. Royaltlssand 3.17
Payment, Applications lor 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
Payment, Certificates lor. 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
Payment, Failure of. ..................... 4.3.7,9.5.1.3,
9.7,9.10.2, 14.1.1.3. 14.2.1.2
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
7.3.6.4,
9.10.3,11.3.9,11.4
4.3.4,9.3,9,6,
9.8.3,9.10.3, 13.6, 14.2.3
. .. 9,14
5.4.2,9.5.1.3,
9.6.2,9.6.3,9.6.4, 11.3.8, 14.2.1.2
10.1
7.3.6.4,
9.10.3, 11.3.9, 11.4
Permlls, F....nd Notices. 2.2.3,3.7,3.13,7.3.6.4, 10.2.2
PERSONSANDPROPERTY,PROT.ECTIONOF. 10
Polychlorinated Biphenyl . 10.1
Product Data, Definition of. . . . . . . . . . . 3.12.2
Producl Data and Samplea, Shop D18wlngs . 3.11,3.12,4.2.7
Progreaaand Completion. 4.2.2,4.3.4,8.2
Progress PaymenlS 4.3.4,9.3,
9.6,9.8.3,9.10.3, 13.6, 14.2.3
Project, Definition of the. 1.1.4
Project Manual, Definition of the . 1.1.7
Project Manuals . . . . . . . .. 2.2.5
Project Representatives 4.2.10
Properly Inau18nce . 10.2.5,11.3
PROTECTION OF PERSONS AND PROPERTY. to
Regulations and Laws . 1.3,3.6,3.7,3.13,4.1.1,4.5.5,
4.5.7,10.2.2,11.1,11.3,13.1,13.4,13.51,13.5.2,13.6,14
Rejection of Work 3.5.1,4.2.6,12.2
Releases of Waivers and Liens. 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
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
Resolution of Claims and Dlsputes . 4.4,4.5
Responsibility Car Thase Performing the Work. 3.3.2,
4.23, 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 Contract Documents and Field
Conditions by Contractor.
Review of Contractor's Submittals by
Owner and Architect
Payment, Final .
Payment Bond, Performance Bond and
Payments, Progress
PAYMENTS AND COMPLETION
Payments to Subcontractors .
PCB.
Performance Bond and Payment Bond.
Representatives. ,
1.2.2,3.2,3.7.3,3.12.7
3.10.1,3.10.2,3.11,3.12,
4.2.7,42.9,5.2.1,5.2.3,9.2,9.8.2
Review of Shop Drawings, Product Data
and Samples by COntractor. 3.12.5
Rlghls and Remedies. 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
3.17
Royalties and Patents .
4 A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
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WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
Rules snd Notices for Arbltrstlon . .
Sslsly 01 Persons snd Property
SeIety Precsutlons end progrsms
sainples, Definition of . .
Semples. Shop Drswlngl, Product Dlts Ind
Semple8 It the Sltl. Documlnts Ind .
Schedule 01 Vslues . . . . .
Schedules, Construction .
Separate Contracts and Comractors .
4.5.2
10.2
4.2.3,4.2.7,10.1
3.12.3
3.11,3.12,4.2.7
3.1t
9.2.9.3.1
3.10
1.1.4,3.14.2,4.2.4,
4.5.5,6,11.3.7,12.1.2,12.2.5
Shop Drawings, Defmitionof ..' ........ 3.12.1
Shop Drswlngs. Product Dsts snd Semples . 3.11,3.12,4.2.7
Slte.U..ol..... 3.t3.6.1.1,6.2.1
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, Archhect'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
SpecialInspectionsandTesting .. ........ 4.2.6,12.2.1,13.5
Specifications, Definition of the. 1.1.6
SpecHlcstlonl. The. 1.1.1,1.1.6.1.1.7,1.2.4,1.3,3.11
Statutes of Limitations . . 4.5.4.2,12.2.6,13.7
Stopping the Work. .. 2.3,4.3.7,9.7,10.1.2,10.3,14.1
Stored Materials . 6.2.1,9.3.2,10.2.1.2,11.3.1.4,12.2.4
Subcontractor, Definition of. 5.1.1
SUBCONTRACTORS.. .. .. .. .. .. .. . 5
Subcontractors, Work by. . . . . . . . . . . . 1.2.4,3.3.2,3.12.1,
4.2.3, 5.3, 5.4
Subcontrsctual Relstlons. 5.3.5.4,9.3.1.2,9.6.2,
9.6.3,9.6.4,10.2.1,11.3.7,11.3.8,14.1.1,14.2.1.2,14.3.2
Submiuats .. 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
Subrogstlon. Waivers 01. . 6.1.1,11.3.5, tt.3.7
SubstsntlsJ Complatlon. 4.2.9,4.3.5.2,8.1.1,8.1.3,
8.2.3,9.6.9.9.1,12.2.1,12.2.2,13.7
Substantial Completion, Definition of. 9.8.1
Substitution of Subcontractors . . . . . . . . 5.2.3,5.2.4
Subscitutlon of the Architect. 4.1.3
Substitutions of Materials . 3.5.1
Sub-subcontractor, Definition of . 5.1.2
Subsurface Conditions. . . . . . . . . . 4.3.6
Successors and Assigns 13.2
Superintendent. . . . . . . . . . . . . . . . . . 3.9. 10.2.6
Supervision and ConstrucUon Procedures 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
4.4.1,4.4.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2
9.9.1,9.10.2,9.10.3
2.2.2,3.18.3
Surety .
Surety, Consent of.
Surveys.
Suspension by the Owner for Convenience 14.3
Suspension of the Work 4.3.7,5.4.2,14.1.1.4,14.3
Suspension or Termination of the Contract. 4.3.7,5.4.1.1,14
Taxes . . . . . . . . . . . . . 3.6, 7.3.6.4
Termination by the Contractor. 14.1
Termlnstlon by the Ownar for Csuse . 5.4.1.1, t4.2
Termination of the Architect 4.1.3
Termination of the Contractor. . . . . . . . . . . . . . . . . . . . 14.2.2
TERMINATION OR SUSPENSION OF THE CONTRACT. t4
Tests snd Inspections 3.3.3,4.2.6,4.2.9,9.4.2,12.2.1,13.5
TIME........ 8
Time, Delays and Extensions of 4.3.8,7.2.1,8.3
Time Limits, 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
Tlma LImits on Clslms. 4.3.2,4.3.3.4.3.6,4.3.9,4.4,4.5
Title to Work. . 9.3.2,9.3.3
UNCOVERING ANO CORRECTION OF WORK . . . . . . . . .' 12
Uncovering 01 Work .... . . . . 12.1
Unforeseen Conditions 4.3.6,8.3.1,10.1
UnitPrices. ................. 7.1.4,7:3.3.2
Use of Documents . 1.1.1,1.3,2.2.5,3.12.7,5.3
U..olSite ........ 3.t3.6.1.I.6.2.1
Vslues. Schedule 01 9.2,9.3.1
Waiver of Claims: Final Payment. 4.3.5,4.5.1,9.10.3
Waiver of Claims by the Archirect. ........ 13.4.2
Waiver of Claims by the Contractor. 9.10.4,11.3.7,13.4.2
Waiver of Claims by the Owner. 4.3.5,4.5.1,9.9.3,
9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2
Waiver of Liens. ...... 9.10.2
Waivers of Subrogation . 6.1.1,11.3.5,11.3.7
Warranty and Warranties. 3.5,4.2.9,
4.3.5.3,9.3.3,9.8.2,9.9.1,12.2.2,13.7.1.3
Weather Delays. 4.3.8.2
Whln Arbltrstlon Msy Be Demsnded 4.5.4
Work, Definition of ................................ 1.1.3
Written Consent. 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4,
4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,10.1.3,
11.3.1,11.3.1.4,11.3.11,13.2,13.4.2
Written Interpretations . 4.2.11,4.2.12,4.3.7
Written Notice. 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4,
4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10,10.1.2,
10.2.6,11.1.3,11.3,12.2.2,12.2.4,13.3.13.5.2,14
Written Orders. 2.3,3.9,4.3.7,
7,8.2.2,11.3.9,12.1,12.2,13.5.2,14.3.1
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
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A201.1987 5
'." 'J
.
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
ARTICLE 1
GENERAL PROVISIONS
1.1 BASIC DEFINITIONS
1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement between
Owner and Contractor (hereinafter the Agreement), Conditions
of the Contract (General, Supplementary and other Conditions),
Drawings, Specifications, addenda issued prior to execution of
the Contract, other documents listed in the Agreement and
Modifications issued after execution of the Contract. A Modifi-
cation is (1) a written amendment to the Contract signed by
both parties, (2) a Change Order, (3) a Construction Change
Directive or (4) a written order for a minor change in the Work
issued by the Architect. Unless specifically enumerated in the
Agreement, the Contract Documents do not include other
documents such as bidding requirements (advertisement or
invitation to bid, Instructions to Bidders, sample forms, the
Contractor's bid or portiOns of addenda relating to bidding
requirements).
1.1.2 THE CONTRACT
The Contract Documents form the Contract for Construction.
The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. The Con-
tract may be amended or modified only by a Modification. The
Contract Documents shall not be construed to create a contrac-
tual relationship of any kind (1) between the Architect and Con-
tractor, (2) between the Owner and a Subcontractor or Sub-
subcontractor or (3) between any persons or entities other than
the Owner and Contractor. The Architect shall, however, be
entitled to performance and enforcement of obligations under
the Contract intended to facilitate performance of the
Architect's duties.
1.1.3 THE WORK
The term "Work" means the construction and services
required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials,
equipment and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations. The Work
may constitute the whole or a part of the Project.
1.1.4 THE PROJECT
The Project is the total construction of which the Work per-
formed under the Contract Documents may be the whole or a
part and which may include construction by the Owner or by
separate contractors.
1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Con-
tract Documents, wherever located and whenever issued,
showing the design, location and dimensions of the Work,
generally including plans, elevations, sections, details, sched-
ules and diagrams.
1.1.6 THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equip-
ment, construction systems, standards and workmanship for
the Work, and performance of related services.
1.1.7 THE PROJECT MANUAL
The Project Manual is the volume usually assembled for the
Work which may include the bidding requirements, sample
forms, Conditions of the Contract and Specifications.
1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 The Contract Documents shall be signed by the Owner
and Contractor as provided in the Agreement. If either the
Owner or Contractor _ or both do not sign all the Contract
Documents, the Architect shall identify such unsigned Docu-
ments upon request.
1.2.2 Execution of the Contract by the Contractor is. a repre-
sentation that the Contractor has visited the site, become famil-
iar with local conditions under which the Work is to be per-
formed and correlated personal observations with require-
ments of the Contract Documents.
1.2.3 The intent of the Contract Documents is to include all
items necessary for the proper execution and completion of the
Work by the Contractor. The Contract Documents are comple-
mentary, and what is required by one shall be as binding as if
required by all; performance by the Contractor shall be
required only to the extent consistent with the Contract Docu-
ments and reasonably inferable from them as being necessary
to produce the intended results.
1.2.4 Organization of the Specifications into divisions, sections
and articles, and arrangement of Drawings shall not control the
Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents,
words which have well-known technical or construction indus-
try meanings are used in the Contract Documents in accord-
ance with such recognized meanings.
1.3 OWNERSHIP AND USE OF ARCHITECT'S
DRAWINGS, SPECIFICATIONS AND OTHER
DOCUMENTS
1.3.1 The Drawings, Specifications and other documents
prepared by the Architect are instruments of the Architect's
service through which the Work to be executed by the Con-
tractor is described. The Contractor may retain one contract
record set. Neither the Contractor nor any Subcontractor, Sub~
subcontractor or material or equipment supplier shall own or
claim a copyright in the Drawings, Specifications and other
documents prepared by the Architect, and unless otherwise
indicated the Architect shall be deemed the author of them and
will retain all common law, statutory and other reserved rights,
in addition to the copyright. All copies of them, except the
Contractor's record set, shall be returned or suitably accounted
for to the Architect, on request, upon completion of the Work.
The Drawings, Specifications and other documents prepared
by the Architect, and copies thereof furnished to the Contrac-
tor, are for use solely with respect to this Project. They are not
to be used by the Contractor or any Subcontractor, Sub-
subcontractor or material or equipment supplier on other proj-
ects or for additions to this Project outside the scope of the
6 A201-1987
AlA DOCUMENT A20l . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
"
Work without the specific written consent of the Owner and
Architect. The Contractor, Subcontractors, Sub-subcontractors
and material or equipment suppliers are granted a limited
license to use and reproduce applicable portions of the Draw-
ings, Specifications and other documents prepared by the
Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under
this license shall 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 coo-
nection with this Project is not to be construed as publication
in derogation of the Architect's copyright or other reserved
rights.
1.4 CAPIT ALIZA TION
, .4.1 Terms capitalized in these General Conditions include
those which ",e (1) specifically defined, (2) the titles of num-
bered articles and identified references to Paragraphs, Subpara-
graphs and Clauses in the document or (3) the titles of other
documents published by the American Institute of Architects.
1.5 INTERPRETATION
, .5.1 In the interest of brevity the Contract Documents fre-
quently omit modifying words such as "all" and "any" and arti-
cles such as "the" and "an," but the fact that a modifier or an
article is absent from one statement and appears in another is
not intended to affect the interpretation of either statement.
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The Owner is the person or entity identified as such in
the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Owner" means
the Owner or the Owner's authorized representative.
2.1.2 The Owner upon reasonable written request shall furnish
to the Contractor in writing information which is necessary and
relevant for the Contractor to evaluate, give notice of or
enforce mechanic's lien rights. Such information shall include a
correct statement of the record legal title to the property on
which the Project is located, usually referred to as the site, and
the Owner's interest therein at the time of execution of the
Agreement and, within five days after any change, information
of such change in title, recorded or unrecorded.
2.2 INFORMATION AND SERVICES
REQUIRED OF THE OWNER
2.2.1 The Owner shall, at the request of the Contractor, prior
to execution of the Agreement and promptly from time to time
thereafter, furnish to the Contractor reasonable evidence that
financial arrangements have been made to fulfill the Owner's
obligations under the Contract. {Note: Unless such reasonable
evidence were furnished on request prior to the execution of
the Agreement, )(he prospective contractor would not be
required to execute the Agreement or to commence the Work.]
2.2.2 The Owner shall furnish surveys describing physical
characteristics, legal limitations and utility locations for the site
of the Project, and a legal description of the site.
2.2.3 Except for permits and fees which are the responsibility
of the Contr1ctor under the Contract Documents, the Owner
shall secure and pay for necessary approvals, easements, assess-
ments and charges required for construction, use or occupancy
of permanent struCtures or for permanent changes in existing
facilities.
2.2.4 Information or serVices under the Owner's control shall
be furnished by the Owner with reasonable promptneSs to
avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents,
the Contractor will be furnished, free of charge, such copies of
Drawings and Project Manuals as are reasonably necessary for
execution of the Work.
2.2.6 The foregoing are in addition to other duties and respon-
sibilities of the Owner enumerated herein and especially those
in respect to Article 6 (Construction by Owner or by Separate
Contractors), Article 9 (Payments and Completion) and Article
11 (Insurance and Bonds).
2.3 OWNER'S RIGHT TO STOP THE WORK
2.3.1 If the Contractor fails to correct Work which is not in
accordance with the requirements of the Contract Documents
as required by Paragraph 12.2 or persistently fails to carryaut
Work in accordance with the Contract Documents,.the Owner,
by written order signed personally or by an agent specifically 50
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 shall pay th~
difference to the Owner.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person or entity identified as such
in the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Contractor"
means the Contractor or the Contractor's authorized
representative.
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
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7
3.2 REVIEW 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, inconsistencies or
omissions discovered. The Contractor shall not be liable to the
Owner or Architect for damage resulting from errors, inconsis-
tencies or omissions in the Contract Documents unless the
Contractor recognized such error. inconsistency or omission
and knowingly failed to report it to the Architect. If the Con-
tractor performs any construction activity knowing it involves
a recognized error. inconsistency or omission in the Contract
Documents without such notice to the Architect, the Contrac-
tor shall -assume appropriate responsibility for such perfor-
mance and shall bear an appropriate amount of the attributable
costs for correction.
3.2.2 The Contractor shall take field measurements and verify
field conditions and shall carefully compare such field mea-
surements and conditions and other information known to the
Contractor with the Contract Documents before commencing
activities. Errors, inconsistencies or omissions discovered shall
be reported to the Architect at once.
3.2.3 The Contractor shall perform the Work in accordance
with the Contract Documents and submittals approved pur-
suant to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direct the Work,
using the Contractor's best skill and attention. The Contractor
shall be solely responsible for and have control over construc-
tion means, methods, techniques, sequences and procedures
and for coordinating all portions of the Work under the Con-
tract, unless Contract Documents give other specific instruc-
tions concerning these matters.
3.3.2 The Contractor shall be responsible to the Owner for acts
and omissions of the Contractor's employees, Subcontractors
and their agents and employees, and other persons performing
portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to per-
form the Work in accordance with the Contract Documents
either by activities or duties of the Architect in the Architect's
administration of the Contract, or by tests, inspections or
approvals required or performed by persons other than the
Contractor.
3.3.4 The Contractor shall be responsible for inspection of por-
tions of Work already performed under this Contract to deter-
mine that such portions are in proper condition to receive sub-
sequent Work.
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract Documents,
the Contractor shall provide and pay for labor, materials, equip-
ment, tools, construction equipment and machinery, water,
heat, utilities, transportation, and other facilities and services
necessary for proper execution and Completion of the Work,
whether temporary or permanent and whether or not incorpo-
rated or to be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good
order among the Contractor's employees and other persons
carrying out the Contract. The Comractor shall not permit
employment of unfit persons or persons not skilled in tasks
assigned to them.
3.5 WARRANTY
3.5.1 The Contractor warrants to the Owner and Architect that
materials and equipment furnished under the Contract will be
of good quality and new unless otherwise required or permit-
ted by the Contract Documents, that the Work will be free
from defects not inherem in the quality required or permitted,
and that the Work will conform with the requirements of the
Contract Documents. Work not conforming to these require-
mems, including substitutions not properly approved and
authorized, may be considered defective. The Contractor's
warranty excludeS remedy for damage or defect caused by
abuse, modifications not executed by the Contractor, improper
or insufficient maintenance, improper operation, or nonna!
wear and tear under normal usage. If required by the Architect,
the Contractor shall furnish satisfactory evidence as to the kind
and quality of materials and equipment.
3.6 TAXES
3.6.1 The Contractor shall pay sales, consumer, use and similar
taxes for the Work or portions thereof provided by the Con-
tractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely
scheduled to go into effect.
3.7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise provided in the Contract Documents,
the Contractor shall secure and pay for the building permit and
other permits and governmental fees, licenses and inspections
necessary for proper execution and completion of the Work
which are customarily secured after execution of the Contract
and which are legally required when bids are received or nego-
tiations concluded.
3.7.2 The Contractor shall comply with and give notices
required by laws, ordinances, rules, regulations and lawful
orders of public authorities bearing on performance of the
Work.
3.7.3 It is not the Contractor's responsibility to ascertain that
the Contract Documents are in accordance with applicable
laws, statutes, ordinances, building codes, and rules and regula-
tions. However, if the Comractor observes that portions of the
Contract Documents are at variance therewith, the Contractor
shall promptly notify the Architect and Owner in writing, and
necessary changes shall be accomplished by appropriate
Modification.
3.7.4 If the Contractor performs Work knowing it to be con-
trary to laws, statutes, ordinances, building codes, and rules and
regulations without such notice to the Architect and Owner,
the Contractor shall assume full responsibility for such Work
and shall bear the attributable costs.
3.8 ALLOWANCES
3.8.1 The. Contractor shall include in the Contract Sum all
allowances stated in the Contract Documents. Items covered
by allowances shall be supplied for such amounts and by such
persons or entities as the Owner may direct, but the Contractor
shall not be required to employ persons or entities against
which the Contractor makes reasonable objection.
3.8.2 Unless otherwise provided in the Contract Documents:
.1 materials and equipment under an allowance shall be
selected promptly by the Owner to avoid delay in the
Work;
.2 allowances shall cover the cost to the Contractor of
materials and equipment delivered at the site and all
required taxes, less applicable trade discounts;
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.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
allowances under Clause 3.8.2.2 and (2) changes in
~ontractor's costs under Clause 3.8.2.3.
3.9 SUPERINTENDENT
3.9.1 The Comractor shall employ a competent superinten-
dent and necessary assistants who shall be in attendance at the
Project site during"performance of the Work. The superinten-
dent shall represent the Contractor, and. communications given
to the superintendent shall be as binding as if given to the Con-
tractor. Important communications shall be confirmed in writ-
ing. Other communications shall be similarly confirmed on
written request in each case.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
3.10.1 The Contractor, promptly after being awarded the Con.
tract, shall prepare and submit for the Owner's and Architect's
information a Contractor's construction schedule for the Work.
The schedule shall not exceed time limits current under the
Contract Documents, shall be revised at appropriate intervals as
required by the conditions of the Work and Project, shall be
related to the entire Project to the extent required by the Con-
tract Documents, and shall provide for expeditious and practi-
cable execution of the Work.
3.10.2 The Contractor shall prepare md keep current, for the
Architect's approval, a schedule of submittals which is coordi-
nated with the Contractor' 5 construction schedule and allows
the Architect reasonable time to review submittals.
3.10.3 The Contractor shall conform to the most recent
schedules.
3.11 DOCUMENTS AND SAMPLES AT THE SITE
3.11.1 The Contractor shall maintain at the site for the Owner
one record copy of the Drawings, Specifications, addenda,
Change Orders and other Modifications, in good order and
marked currently to record changes and selections made during
construction, and in addition approved Shop Drawings, Prod-
uct Data, Samples and similar required submittals. These shall
be available to the Architect and shall be delivered to the Archi-
tect for submittal to the Owner upon completion of the Work.
3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.12.1 Shop Drawings are drawings, diagrams, schedules and
other data specially prepared for the Work by the Contractor or
a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, per-
formance charts, instructions, brochures, diagrams and other
information furnished by the Contractor to illustrate materials
or equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate
materials, equipment or workmanship and establish standards
by which the Work will be judged,
3.12.4 Shop Drawings, Product Data, Samples and similar sub-
mittals are not Contract Documents. The purpose of their sub-
mittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes
to conform to. the information given and the design concept
expressed in the Contract Documents. Review by the Architect
is subject to the limitations of Subparagraph 4.2.7.
3.12.5 The Contractor shall review, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar
submittals required by the Contract Documents with reason-
able promptness and in such sequence as to cause no delay in
the Work or in the activities of the Owner or of separate con-
tractors. Submittals made by the Contractor which are not
required by the Contract Documents may be returned without
action,
3.12.6 The Contractor shall perform no portion of the Work
requiring submittal and review of Shop Drawings, Product
Data, Samples or similar submittals until the respective submit.
tal has been approved by the Architect. Such Work shall be in
accordance with approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product
Data, Samples and similar submittals, the Contractor represents
that the Contractor has determined and verified materials, field
measurements and field construction criteria related thereto, or
will do so, and has checked and coordinated the information
contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility
for deviations from requirements of the Contract Documents
by the Architect's approval of Shop Drawings, Product Data,
Samples or similar submittals unless the Contractor has
specifically informed the Architect in writing of such deviation
at the time of submittal and the Architect has given written
approval to the 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 the Architect is
not expected to take responsive action may be so identified in
the Contract Documents.
3.12.11 When professional certification of performance criteria
of materials, systems or equipment is required by the Contract
Documents, the Architect shall be entitled to rely upon the
accuracy and completeness of such calculations and certifi-
cations.
3.13 USE OF SITE
3.13.1 The Contractor shall confine operations at the site to
areas permitted by law, ordinances, permits and the Contract
Documents and shall not unreasonably encumber the site with
materials or equipment.
3.14 CUTTING AND PATCHING
3.14.1 The Contractor shall be responsible for cutting, fitting
or patching required to complete the Work or to make its parts
fit together properly.
3.14.2 The Contractor shall not damage or endanger a portion
of the Work or fully or partially completed construction of the
Owner or separate contractors by cutting, patching or other-
wise altering suer. 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 and of such separate contractor; such consent shall
not be unreasonably withheld. The Contractor shall not unrea-
sonably withhold from the Owner or a separate contractor the
Contractor's consent to cutting or otherwise altering the Work.
3.15 ClEANING UP
3.15.1 The Contractor shall keep the premises and surround-
in'g area free from accumulation of waste materials or rubbish
caused by operations under the Contract. At completion of the
Wark the Contractor shall remove from and about the Project
waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus materials.
3.15.2 If the Contractor fails to clean up as proVided in the
Contract Documents, the Owner may do so and the cost
thereof shall be charged to the Contractor.
3.16 ACCESS TO WORK
3.16.1 The Contractor shall provide the Owner and Architect
access to the Work in preparation and progress wherever
located.
3.17 ROYALTIES AND PATENTS
3.17.1 The Contractor shall pay all royalties and license fees.
The Contractor shall defend suits or claims for infringement of
patent rights and shall hold the Owner and Architect harmless
from~oss on account thereof, but shall not be responsible for
such defense or loss when a particular design, process or prod~
uct of a particular manufacturer or manufacturers is required by
the Contract Documents. However, if the Contractor has rea-
son to believe that the required design, process or product is an
infringement ofa patent,.the Contractor shall be responsible for
such loss unless such information is promptly furnished to the
Architect.
3.18 INDEMNIFICATION
3.18.1 To the fullest extent permitted by law, the Contractor
shall indemnify and hold harmless the Owner, Architect, Archi.
teet's consultants, and agents and employees of any of them
from and against claims, damages, losses and expenses, includ-
ing but not limited to attorneys' fees, arising out of or resulting
from performance of the Work, provided that such claim, dam-
age, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible prop-
erty (other than the Work itself) including loss of use resulting
therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Contractor, a Subcontractor,
anyone directly or indirectly employed by them or anyone for
whose acts they may be liable, regardless of whether or not
such claim, damage, loss or expense is caused in part by a party
indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person
described in this Paragraph 3.18.
3.18.2 In claims against any person or entity indemnified
under this Paragraph 3.18 by an employee of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them
or anyone for whose acts they may be liable, the indemnifica~
tion obligation under this Paragraph 3.18 shall not be limited by
a limitation on amount or type of damages, compensation or
benefits payable by or for the Contractor or a Subcontractor
under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
3.18.3 The obligations of the Contractor under this Paragraph
3.18 shall not extend to the liability of the Architect, the Archi-
teet's consultants, and agents and employees of any of them
arising out of (1) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifica-
tions, or (2) the giving of or the . failure to give directions or
instructions by the Architect, the Architect's consultants, and
agents and employees of any of them provided such giving or
failure to give is the primary cause of the injury or damage.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 ARCHITECT
4.1.1 The Architect is the person lawfully licensed to practice
architecture or an entity lawfully practicing architecture iden-
tified as such in the Agreement and is referred to throughout
the Contract Documents as if singular in number. The term
"Architect" means the Architect or the Architect's authorized
representative.
4.1.2 Duties, responsibilities and limitations of authority of the
Architect as set forth in the Contract Documents shall not be
restricted, modified or extended without written consent of the
Owner, Contractor and Architect. Consent shall not be unrea-
sonably withheld.
4.1.3 In case of termination of employment of the Architect,
the Owner shall appoint an architect against whom the Con-
tractor makes no reasonable objection and whose status under
the Contract Documents shall be that of the former architect.
4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3
shall be subject to arbitration.
4.2 ARCHITECT'S ADMINISTRATION
OF THE CONTRACT
4.2.1 The Architect will provide administration of the Contract
as described in the Comract Documents, and will be the
Owner's representative (1) during construction, (2) until final
payment is due and (3) with the Owner's concurrence, from
time to time during the correction period described in Para-
graph 12.2. The Architect will advise and consult with the
Owner. The Architect will have authority to act on behalf of the
Owner only to the extent provided in the Contract Documents,
unless otherwise modified by written instrument in accordance
with other provisions of the Contract.
4.2.2 The Architect will visit the site at intervals appropriate to
the stage of construction to become generally familiar with the
progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicat-
ing that the Work, when completed, will be in accordance with
the Contract Documents. However, the Architect will not be
required to make exhaustive or continuous on-site inspections
to check quality or quantity of the Work. On the basis of on-
site observations as an architect, the Architect will keep the
Owner informed of progress of the Work, and will endeavor to
guard the Owner against defects and deficiencies in the Work.
4.2.3 The Architect will not have control over or charge of and
will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are
solely the Contractor's responsibility as provided in Paragraph
3.3. The Architect will not be responsible for the Contractor's
failure to carry out the Work in accordance with the Contract
Documents. The Architect will not have control over or charge
of and will not be responsible for acts or omissions of the Con-
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tractor I Subcontractors, or their agents or employees, or of any
other persons performing portions of the Work.
4.2.4 Communications Facilitating Contract Admlnlst..
tion. Except as otherwise provided in the Contract Documents
or when direct communications have been specially autho-
rized, the Owner and Contractor shall endeavor to communi-
cate through the Architect. Communications by and with the
Architect's consultants shall be through the Architect. Commu~
nications by and with Subcontractors and material suppliers
shall be through the Contractor. Communications by and with
separate contractors shall be through the Owner.
4.2.5 Based on the Architect's observations and evaluations of
the Contractor's Applications for Payment, the Architect will
review and certify the amounts due the Contractor and will
issue Certificates for Payment in such amounts.
4.2.6 The Architect will have . authority 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 additional inspection or testing of the
Work in accordance with Subparagraphs 13.5.2 and 13.5,3,
whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Architect nor a decision
made in good faith either to exercise or not to exercise such
authority shall give rise to a duty or responsibility of the Archi-
tect to the Contractor, Subcontractors, material and equipment
suppliers, their agents or employees, or other persons perform-
ing portions of the Work.
4~2. 7 The Architect will review and approve or take other
appropriate action upon the Contractor's submittals such as
Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information
given and the design concept expressed in the Contract Docu-
ments. The Architect's action will be taken with such reason-
able promptness as to cause no delay in the Work or in the
activities of the Owner, Contractor or separate contractors,
while allowing sufficient time in the Architect's professional
judgment to permit adequate review. Review of such submittals
is not conducted for the purpose of determining the accuracy
and completeness of other details such as dimensions and
quantities, or for substantiating instructions for installation or
performance of equipment or systems, all of which remain the
responsibility of the Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submit-
tals shall not relieve the Contractor of the obligations under
Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not
constitute approval of safety precautions or, unless othervvise
specifically stated by the Architect, of any construction means,
methods, techniques, sequences or procedures. The Architect's
approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
4.2.8 The Architect will prepare Change Orders and Construc-
tion Change Directives, and may authorize minor changes in
the Work as provided in Paragraph 7.4.
4.2.9 The Architect will conduct inspections to determine the
date or dates of Substantial Completion and the date of final
completion, will receive and forward to the Owner for the
Owner's review and records written warranties and related
documents required by the Contract and assembled by the
Contractor, and will issue a final Certificate for Payment upon
compliance with the requirements of the Contract Documents.
4.2.10 If the Owner and Architect agree, the Architect will pro-
vide one or more project representatives to assist in carrying
out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project
representatives shall be as set fonh in an exhibit to be incorpo.
rated in the Contract Documents.
4.2.11 The Architect will interpret and decide matters concern-
ing performance under and requirements of the Contract
Documents on written request of either the Owner or Contrac.
tor. The Architect's response to such requests will be made
with reasonable promptness and within any time limits agreed
upon. If no agreement is made concerning the time within
which interpretations required of the Architect shall be fur~
nished in compliance with this Paiagraph 4.2, then delay shall
not be recognized on account of failure by the Architect to fur-
nish such interpretations until 15 days after written request is
made for them.
4.2.12 Interpretations and decisions of the Architect will be
consistent with the intent of and reasonably inferable from the
Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, the
Architect will endeavor to secure faithful performance by both
Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so
rendered in good faith.
4.2.13 The Architect's decisions on matters relating to aesthetic
effect will be fInal if consistent with the intent expressed in the
Contract Documents.
4.3 CLAIMS AND DISPUTES
4.3.1 Definition. A Claim is a demand or assertion by one of
the parties seeking, as a matter of right, adjustment or interpre-
tation of Contract terms, payment of money, extension of time
or other relief with respect to the terms of the Contract. The
term "Claim" also includes other disputes and matters in ques-
tion between the Owner and Contractor arising out of or relat-
ing to the Contract. Claims must be made by written notice.
The responsibility to substantiate Claims shall rest with the
party making the Claim.
4.3.2 Decision of Archltact Claims, including those aiieging
an error or omission by the Architect, shall be referred initially
to the Architect for action as provided in Paragraph 4.4. A deci-
sion by the Architect, as provided in Subparagraph 4.4.4, shall
be required as a condition precedent to arbitration or litigation
of a Claim between the Contractor and Owner as to all such
matters arising prior to the date final payment is due, regardless
of (1) whether such matters relate to execution and progress of
the Work or (2) the extent to which the Work has been com-
pleted. The decision by the Architect in response to a Claim
shall not be a condition precedent to arbitration or litigation in
the event (1) the position of Architect is vacant, (2) the Architect
has not received evidence or has failed to render a decision
within agreed time limits, (3) the Architect has failed to take
action required under Subparagraph 4.4.4 within 30 days after
the Claim is made, (4) 45 days have passed after the Ciaim has
been referred to the Architect or (5) the Claim relates to a
mechanic's lien.
4.3.3 Time Limits on Claims. Ciaims by either party must be
made within 21 days after occurrence of the event giving rise to
such Claim or within 21 days after the claimant first recognizes
the condition giving rise to the Claim, whichever is later. Claims
must be made by written notice. An additional Claim made
after the initial Claim has been implemented by Change Order
will not be considered unless submitted in a timely manner.
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4.3.4 Continuing Contract Perfonnance. Pending fInal reso-
lution of a Claim including arbitration, unless otherwise agreed
in writing the Contractor shall proceed diligently with perfor-
mance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents.
4.3.5 Waiver of Claims: Final Payment. The making of fmal
payment shall constitute a waiver of Claims by the Owner
except those arising from:
.1 liens, Claims, security interests or encumbrances aris-
ing out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements
of the Contract Documents; or
.3 terms of special warranties required by the Contract
Documents.
4.3.6 Claims for Concealed or Unknown Conditions. If con-
ditions are encountered at the site which are (1) subsurface or
otherwise concealed physical conditions which differ materi-
ally from those indicated in the Contract Documents or (2)
unknown physical conditions of an unusual nature, which dif-
fer materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the
character provided for in the Contract Documents, then notice
by the observing party shall be given to the other party
promptly before conditions are disturbed and in no event later
than 21 days after first observance of the conditions. The Archi-
tect will promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in the Contractor's
cost of, or time required for, performance of any part of the
Work, will recommend an equitable adjustment in the Contract
Sum or Contract Time, or both. If the Architect determines that
the conditions at the site are not materially different from those
indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall so notify
the Owner and Contractor in writing, stating the reasons.
Claims by either party in opposition to such determination
must be made within 21 days after the Architect has given
notice of the decision. If the Owner and Contractor cannot
agree on an adjustment in the Contract Sum or Contract Time,
the adjustment shall be referred to the Architect for initial deter-
mination, subject to further proceedings pursuant to Paragraph
4.4.
4.3.7 Claims for Additlonsl Coat. If the Contractor wishes to
make Claim for an increase in the Contract Sum, written notice
as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an
emergency endangering life or property arising under Para-
graph 10.3. If the Contractor believes additional cost is
involved for reasons including but not limited to (1) a written
interpretation from the Architect, (2) an order by the Owner to
stop the Work where the Contractor was not at fault, (3) a writ-
ten order for a minor change in the Work issued by the Archi-
tect, (4) failure of payment by the Owner, (5) termination of the
Contract by the Owner, (6) Owner's suspension or (7) other
reasonable grounds, Claim shall be flied in accordance with the
procedure established herein.
4.3.8 Claims for Additional Time
4.3.8.1 If the Contractor wishes to make Claim for an increase
in the Contract Time, written notice as provided herein shall be
given. The Contractor's Claim shall include an estimate of cost
and of probable effect of delay on progress of the Work. In the
case of a continuing delay only one Claim is necessary.
4.3.8.2 If adverse weather conditions are the basis for a Claim
for additional time, such Claim shall be documented by data
substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated,
and that weather conditions had an. adverse effect on the
scheduled construction.
4.3.9 Injury or Damage to Person or Property. If either party
to the Contract suffers injury or damage to person or property
because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts
such party is legally liable, written notice of such injury or
damage, whether or not insured, shall be given to' the other
party within a reasonable time not exceeding 21 days after first
observance. The notice shall provide sufficient detail to enable
the other party to investigate the matter. If a Claim for addi-
tional cost or time related to this Claim is to be asserted, it shall
be filed as provided in Subparagraphs 4.3.7 or 4.3.8.
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 The Architect will review Claims and take one or more of
the following preliminary actions within ten days of receipt of a
Claim, (1) request additional supporting data from the claimant,
(2) submit a schedule to the panies indicating when the Archi~
tect expects to take action, (3) reject the Claim in whole or in
part, stating reasons for rejection, (4) recommend approval of
the Claim by the other party or (5) suggest a compromise. The
Architect may also, but is not obligated to, notify the surety, if
any, of the nature and amount of the Claim.
4.4.2 If a Claim has been resolved, the Architect will prepare or
obtain appropriate documentation.
4.4.3 If a Claim has not been resolved, the party making the
Claim shall, within ten days after the Architect's preliminary
response, take one or more of the following actions: (1) submit
additional supporting data requested by the Architect, (2)
modify the initial Claim or (3) notify the Architect that the initial
Claim stands.
4.4.4 Ifa Claim has not been resolved after consideration of the
foregoing and of further evidence presented by the panies or
requested by the Architect, the Architect will notify the parties
in writing that the Architect's decision will be made within
seven days, which decision shall be final and binding on the
parties but subject to arbitration. Upon expiration of such time
period, the Architect will render to the parties the Architect's
written decision relative to the Claim, including any change in
the Contract Sum or Contract Time or both. If there is a surety
and there appears to be a possibility of a Contractor's default,
the Architect may, but is not obligated to, notify the surety and
request the surety's assistance in resolving the controversy.
4.5 ARBITRATION
4.5.1 Controversies and Claims Subject to Arbitration. Any
controversy or Claim arising out of or related to the Contract,
or the breach thereof, shall be settled by arbitration in accor-
dance with the Construction Industry Arbitration Rules of the
American Arbitration Association, and judgment upon the
award rendered by the arbitrator or arbitrators may be entered
in any court having jurisdiction thereof, except controversies
or Claims relating to aesthetic effect and except those waived as
provided for in Subparagraph 4.3.5. Such controversies or
Claims upon which the Architect has given notice and rendered
a decision as provided in Subparagraph 4.4.4 shall be subject to
arbitration upon written demand of either party. Arbitration
may be commenced when 4S days have passed after 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 Arbitration. Claims between the
Owner and Contractor not resolved under Paragraph 4.4 shall,
if subject to arbitration under Subparagraph 4.5.1, be decided
by arbitration in accordance with the Construction Industry
Arbitration Rules.of the American Arbitration Association cur-
rently in effect, unless the parties mutually agree otherwise.
Notice of demand for arbitration shall be filed in writing with
the other party to the Agreement between the Owner and Con.
tractor and with the American Arbitration Association, and a
copy shall be filed with the Architect.
4.5.3 Contract Performance During Arbitration. During arbi-
nation proceedings, the Owner and Contractor shall comply
with Subparagraph 4.3.4.
4.5.4 When Arbitration May Be Demendad. Demand for arbi-
tration of any Claim may not be made until the earlier of (1) the
date on which the Architect has rendered a final written deci-
sion on the Claim, (2) the tenth day after the parties have pre-
sented evidence to the Architect or have been given reasonable
opportunity to do so, if the Architect has not rendered a fmal
written decision by that date, or (3) any of the five events
described in Subparagraph 4.3.2.
4.5.4.1 When a written decision of the Architect states that (1)
the decision is final but subject to arbitration and (2) a demand
for arbitration of a Claim covered by such decision must be
made within 30 days after the date on which the party making
the demand receives the final written decision, then failure to
demand arbitration within said 30 days' period shall result in
the Architect's decision becoming final and binding upon the
Owner and Contractor. If the Architect renders a decision after
arbitration proceedings have been initiated, such decision may
be entered as evidence, but shall not supersede arbitration pro-
ceedings unless the decision is acceptable to all parties
concerned.
4.5.4.2 A demand for arbitration shall be made within the time
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 legal or equitable proceedings
based on such Claim would be barred by the applicable stature
of limitations as determined pursuant to Paragraph 13.7.
4.5.5 Limitation on Consolidation or Joinder. No arbitration
arising out of or relating to the Contract Documents shall
include, by consolidation or joinder or in any other manner,
the Architect, the Architect's employees or consultants, except
by written consent containing specific reference to the Agree-
ment and signed by the Architect, Owner, Contractor and any
other person or entity sought to be joined. No arbitration shall
include, by consolidation or joinder or in any other manner,
parties other than the Owner, Contractor, a separate contrac.
tor as described in Article 6 and other persons substantially
involved in a common question of fact or law whose presence
is required if complete relief is to be accorded in arbitration. No
person or entity other than the Owner, Contractor or a separate
contractor as described in Article 6 shall be included as an orig-
inal third party or additional third party to an arbitration whose
interest or responsibility is insubstantial. Consent to arbitration
involving an additional person or entity shall not constitute
consent to arbitration of a dispute not described therein or with
a person or entity not named or described therein. The fore-
going agreement to arbitrate and other agreements to arbitrate
with an additional person or entity duly consented to by parties
to the Agreement shall be specifically enforceable under appli-
cable law in any court having jurisdiction thereof.
4.5.6 Claims and Timely Assertion of 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 Claim has matured or been acquired subsequently,
the arbitrator or arbitrators may permit amendment.
4.5.7 Judgment on Final Award. The award rendered by the
arbitrator or arbitrators shall be final, and judgment may be
entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who has a direct
contract with the Contractor to perform a portion of the Work
at the site. The term "Subcontractor" is referred to throughout
the Contract Documents as if singular in number and means a
Subcontractor or an authorized representative of the Subcon-
tractor. The term "Subcontractor" does not include a separate
contractor or subcontractors of a separate contractor.
5.1.2 A Sub-subcontractor is a person or entity who has a
direct or indirect contract with a Subcontractor to perform a
portion of the Work at the site. The term "Sub-subcontractor"
is referred to throughout the Contract Documents as if singular
in number and means a Sub-subcontractor or an authorized
representative of the Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER
CONTRACTS FOR PORTIONS OF THE WORK
5.2.1 Unless otherwise stated in the Contract Documents or
the bidding requirements, the Contractor, as soon as prac-
ticable after award of the Contract, shall furnish in writing to
the Owner through the Architect the names of persons or enti-
ties (including those who are to furnish materials or equipment
fabricated to a special design) proposed for each principal por-
tion of the Work. The Architect will promptly reply to the Con.
tractor in writing stating whether or not the Owner or the
Architect, after due investigation, has reasonable objection to
any such proposed person or entity. Failure of the Owner or
Architect to reply promptly shall constitute notice of no reason~
able objection.
5.2.2 The Contractor shall not contract with a proposed per-
son or entity to whom the Owner or Architect has made rea-
sonable and timely objection. The Contractor shall not be
required to contract with anyone to whom the Contractor has
made reasonable objection.
5.2.3 If the Owner or Architect has reasonable objection to a
person or entity proposed by the Contractor, the Contractor
shall propose another to whom the Owner or Architect has no
reasonable objection. The Contract Sum shall be increased or
decreased by the difference in cost occasioned by such change
and an appropriate Change Order shall be issued. However, no
increase in the Contract Sum shall be allowed for such change
unless the Contf2ctor 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.
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5.3 SUBCONTRACTUAL RELATIONS
5.3.1 By appropriate agreement, written where legally required
for validity, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor,
to be bound to the Contractor by terms of the Contract Docu-
ments, and to assume toward the Contractor all the obligations
and responsibilities which the Contractor, by these Docu-
ments, 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 to the Subcontractor, unless specifically provided
otherwise in the subcontract agreement, the benefit of all
rights, remedies and redress against the Contractor that the
Contractor, by the Contract Documents, has against the
Owner. Where appropriate, the Contractor shall require each
Subcontractor to enter into similar agreements with Sub-sub-
contractors, The Contractor shall make available to each pro-
posed Subcontractor, prior to the execution of the subcontract
agreement, copies of the Contract Documents to which the
Subcontractor will be bound, and, upon written request of the
Subcontractor, identify to the Subcontractor terms and condi-
tions of the proposed subcontract agreement which may be at
variance with the Contract Documents. Subcontractors shall
similarly make copies of applicable portions of such documents
available to their respective proposed Sub-subcontractors.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
5.4.1 Each subcontract agreement for a portion of the Work is
assigned by the Contractor to the Owner provided that:
.1 assignment is effective only after termination of the
Contract by the Owner for cause pursuant to Para-
graph 14.2 and only for those subcontract agreements
which the Owner accepts by notifying the Subcon-
tractor in writing; and
.2 assignment is subject to the prior rights of the surety,
if any, obligated under bond relating to the Contract.
5.4.2 If the Work has been suspended for more than 30 days,
the Subcontractor's compensation shall be equitably adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER
OR BY SEPARATE CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION
AND TO AWARD SEPARATE CONTRACTS
6.1.1 The Owner reserves the right to perform construction or
operations related to the Project with the Owner's own forces,
and to award separate contracts in connection with other por-
tions of the Project or other construction or operations on the
site under Conditions of the Contract identical or substantially
similar to these including those portions related to insurance
and waiver of subrogation. If the Contractor claims that delay
or additional cost is involved because of such action by the
Owner, the Contractor shall make such Claim as provided else-
where in the Contract Documents.
6.1.2 When separate contracts are awarded for different por-
tions of the Project or other construction or operations on the
site, the term "Contractor" in the Contract Documents in each
case shall mean the Contractor who executes each separate
Owner-Contractor Agreement.
6.1.3 The Owner shall provide for coordination of the activi-
ties of the Owner's own forces and of each separate contractor
with the Work of the Contractor, who shall cooperate with
them. The Contractor shall participate with other separate con-
tractors and the Owner in reviewing their construction sched-
ules when directed to do so. The Contractor shall.make any
revisions to the construction schedule and Contract Swn
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, 11
and 12.
6.2 MUTUAL RESPONSIBILITY
6.2.1 The Contractor shall afford the Owner and separate con-
tractors reasonable opportunity for introduction and storage of
their materials and equipment and performance of their activi-
ties and shall connect and coordinate the Contractor's con-
struction and operations with theirs as required by the Contract
Documents.
6.2.2 If part of the Contractor's Work depends for proper
execution or results upon construction or operations by the
Owner or a separate contractor, the Contractor shall, prior to
proceeding with that portion of the Work, promptly report to
the Architect apparent discrepancies or defects in such other
construction that would render it unsuitable for such proper
execution and results: Failure of the Contractor so to report
shall constitute an acknowledgment that the Owner's or sepa-
rate contractors' completed or partially completed construction
is fit and proper to receive the Contractor's Work, except as to
defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities
or defective construction shall be borne by the party responsi-
ble therefor.
6.2.4 The Contractor shall promptly remedy damage wrong-
fully caused by the Contractor to completed or partially com-
pleted construction or to property of the Owner or separate
contractors as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question
between the Contractor and a separate contractor shall be sub-
ject to the provisions of Paragraph 4.3 provided the separate
contractor has reciprocal obligations.
6.2.6 The Owner and each separate contractor shall have the
same responsibilities for cutting and patching as are described
for the Contractor in Paragraph 3.14.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises among the Contractor, separate con-
tractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and surround-
ing area free from waste materials and rubbish as described in
Paragraph 3.15, the Owner may clean up and allocate the cost
among those responsible as the Architect determines to be just.
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ARTICLE 7
CHANGES IN THE WORK
7.1 CHANGES
7.1.1 Changes in the Work may be accomplished after execu-
tion of the Contract, and without invalidating the Contract, by
Change Order, Construction Change Directive or order for a
minor change in the Wark, 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 Wark may be issued by the Architect
alone.
7.1.3 Changes in the Work shall be performed under appli-
cable provisions of the Contract Documents, and the Contrac-
tor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a
minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or
subsequently agreed upon, and if quantities originally con-
templated are so changed in a proposed Change Order or Con-
struction Change Directive that application of such unit prices
to quantitieS of Work proposed will cause substantial inequity
to the Owner or Contractor, the applicable unit prices shall be
equitably adjusted.
7.2 CHANGE ORDERS
7.2.1 A Change Order is a written instrument prepared by the
Architect and signed by the Owner, Contractor and Architect,
stating their agreemem 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 adjusunent in the Contract Time, if
any.
7.2.2 Methods used in determining adjustments to the Contract
Sum may include those listed in Subparagraph 7.3.3.
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive is a written order pre-
pared by 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 Change Directive provides for an
adjustment to the Contract Sum, the adjustment shall be based
on one of the following methods:
.1 mutual acceptance of a lump sum properly itemized
and supported by sufficient substantiating data to per-
mit evaluation;
.2 unit prices stated in the Contract Documents or sub-
sequently agreed upon;
.3 cost to be determined in a manner agreed upon by
the parties and a mutually acceptable fIxed or percent-
age fee; or
.4 as provided in Subparagraph 7.3.6.
7.3.4 Upon receipt of a Construction Change Directive, the
Contractor shall promptly proceed with the change in the
Work involved and advise the Architect of the Contractor's
agreement or disagreement with the method, if any, provided
in the Construction Change Directive for determining the pro-
posed adjustment in the Contract Sum or Contract Time.
7.3.5 A Construction Change Directive signed by the Contrac-
tor indicates the agreement of the Contractor therewith, includ-
ing adjustment in Contract Sum and Contract Time or the
method for determining them. Such agreement shall be effec-
tive immediately and shall be recorded as a Change Order'.
7.3.6 If the Contractor does not respond promptly or disagrees
with the method for adjustment in the Contract Sum, the
method and the adjusunent shall be determined by the Archi-
tect on the basis of reasonable expenditures and savings of
those performing the Wark attributable to the change, includ-
ing, in case of an increase in the Contract Sum, a reasonable
allowance for overhead and profIt. In such case, and also under
Clause 7.3.3.3, the Contractor shall keep and present, in such
form as the Architect may prescribe, an itemized accounting
together with appropriate supporting data. Unless otherwise
provided in the Contract Documents, costs for the purposes of
this Subparagraph 7.3.6 shall be limited to the following,
.1 costs of labor, including social security, old age and
unemployment insurance, fringe benefIts required by
agreement or custom, and workers' or workmen's
compensation insurance;
.2 costs of materials, supplies and equipment, includ-
ing cost of transportation, whether incorporated or
consumed;
.3 rental costs of machinery and equipment, exclusive of
hand tools, whether rented from the Contractor or
others;
.4 costs of premiums for all bonds and insurance, permit
fees, and sales, use or similar taxes related to the
Work; and
.5 additional costs of supervision and fIeld offIce person-
nel directly attributable to the change.
7.3.7 Pending fInal determination of cost to the Owner,
amounts not in dispute may be included in Applications for
Payment. The amount of credit to be allowed by the Contrac~
tor to the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual net cost as con-
firmed by the Architect. When both additions and credits
covering related Work or substitutions are involved in a
change, the allowance for overhead and profit shall be fIgured
on the basis of net increase, if any, with respect to that change.
7.3.8 If the Owner and Contractor do not agree with the
adjustment in Contract Time or the method for determining it,
the adjustment or the method shall be referred to the Architect
for determination.
7.3.9 When the Owner and Contractor agree with the deter-
mination made by the Architect concerning the adjustments in
the Contract Sum and Contract Time, or otherwise reach agree-
ment upon the adjustments, such agreement shall be effective
immediately and shall be recorded by preparation and execu-
tion of an appropriate Change Order.
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7.4 MINOR CHANGES IN THE WORK
7.4.1 The Architect will have authority to order minor changes
in the Work not involving adjustment in the Contract Sum or
extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be
effected by written order and shall be binding on the Owner
and Contractor. The Contractor shaU carry out such written
orders promptly.
ARTICLE 8
TIME
8.1 DEFINITIONS
8.1.1 Unless otherwise provided, Contract Time is the period
of time, including authorized adjustments, allotted in the Con-
tract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date
established in the Agreement. The date shall not be postponed
by the failure to act of the Contractor or of persons or entities
for whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified
by the Architect in accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall
mean calendar clay unless otherwise specifically defmed.
8.2 PROGRESS AND COMPLETION
8.2.1 Time limits stated in the Contract Documents are of the
essence of the Contract. By executing the Agreement the Con-
tractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agree-
ment or instruction of the Owner in writing, prematurely com-
mence operations on the site or elsewhere prior to the effective
date of insurance required by Article }}. to be furnished by the
Contractor. The date of commencement of the Work shall not
be changed by the effective date of such insurance. Unless the
date of commencement is established by a notice to proceed
given by the Owner, the Contractor shall notify the Owner in
writing not less than five days or other agreed period before
commencing the Work to permit the timely filing of mortgages,
mechanic's liens and other security interests.
8.2.3 The Contractor shall proceed expeditiously with ade-
quate forces and shall achieve Substantial Completion within
the Contract Time.
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 If the Contractor is delayed at any time in progress of the
Work by an act or neglect of the Owner or Architect, or of an
employee of either, or of a separate contractor employed by
the Owner, or by changes ordered in the Work, or by labor
disputes, fire, unusual delay in deliveries, unavoidable casualties
or other causes beyond the Contractor's control, or by delay
authorized by the Owner pending arbitration, or by other
causes which the Architect determines may justify delay, then
the Contract Time shall be extended by Change Order for such
reasonable time as the Architect may determine.
8.3.2 Claims relating to time shall be made in accordance with
applicable provisions of Paragraph 4.3.
8.3.3 This Paragraph 8.3 does not preclude recovery of dam-
ages for delay by either party under other provisions of the
Contract Documents.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum is stated in the Agreement and, includ-
ing authorized adjustments, is the total amount payable by the
Owner to the. Comractor for performance of the Work under
the Contract Documents.
9.2
SCHEDULE OF VALUES
9.2.1 Before the first Application for Payment, the Comractor
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 Comractor's Applica-
tions for Payment.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 At least ten days before the date established' for each
progress payment, the Contractor shall submit to the Architect
an itemized Application for Payment for operations completed
in accordance with the schedule of values. Such application
shall be notarized, if required, and supported by such data
substantiating the Contractor's right to paymem as the Owner
or Architect may require, such as copies of requisitions from
Subcontractors and material suppliers, and reflecting retainage
if provided for elsewhere in the Contract Documents.
9.3.1.1 Such applications may include requests for payment on
account of changes in the Work which have been properly
authorized by Construction Change Directives but not yet
included in Change Orders.
9.3.1.2 Such applications may not include requests for pay-
ment of amounts the Contractor does not intend to pay to a
Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless otherwise provided in the Contract Documents,
payments shall be made on account of materials and equipment
delivered and suitably stored at the site for subsequent incor-
poration in the Work. If approved in advance by the Owner,
payment may similarly be made for materials and equipment
suitably stored off the site at a location agreed upon in writing.
Payment for materials and equipment stored on or off the site
shall be conditioned upon compliance by the Contractor with
procedures satisfactory to the Owner to establish the Owner's
title to such materials and equipment or otherwise protect the
Owner's interest, and shall include applicable insurance,
storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by
an Application for Payment will pass to the Owner no later than
the time of payment. The Contractor further warrants that
upon submittal of an Application for Payment all Work for
which Certificates for Payment have been previously issued
and payments received from the Owner shall, to the best of the
Contractor's knowledge, information and belief, be free and
clear of liens, claims, security interests or encumbrances in
favor of the Contractor, Subcontractors, material suppliers, or
other persons or entities making a claim by reason of having
provided labor, materials and equipment relating to the Work.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect will, within seven days after receipt of the
Contractor's Application for Payment, either issue to the
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Owner a Certificate for Payment, with a copy to the Contrac-
tor, for such amount as the Architect determines is properly
due, or notify the Contractor and Owner in writing of the
Architect's reasons for withholding certification in whole or in
part as provided in Subparagraph 9.5.1.
9.4.2 The issuance of a Certificate for Payment will constitute a
representation by the Architect to the Owner, based on the
Architect's observations at the site and the data comprising the
Application for Payment, that the Work has progressed to the
point indicated and that, to the best of the Architect's knowl-
edge, information and belief, quality of the Work is in accor-
dance with the Contract Documents, The foregoing representa-
tions are subject to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to
results of subsequent tests and inspections, to minor deviations
from the Contract Documents correctable prior to completion
and to specific qualifications expressed by the Architect. The
issuance of a Certificate for Payment will further constitute a
representation that the Contractor is entitled to payment in the
amount certified. However, the issuance of a Certificate for Pay-
ment will not be a representation that the Architect has (1)
made exhaustive or continuous on-sHe inspections to check the
quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3)
reviewed copies of requisitions received from Subcontractors
and material suppliers and other data requested by the Owner
to substantiate the Contractor's right to payment or (4) made
examination to ascertain how or for what purpose the Contrac-
tor has used money previously paid on account of the Contract
Sum.
9.5 DECISIONS TO WITHHOLD CERTIFICATION
9.5.1 The Architect may decide not to certify payment and
may withhold a Certificate for Payment in whole or in part, to
the extent reasonably necessary to protect the Owner, if in the
Architect's opinion the representations to the Owner required
by Subpar.lgraph 9A.2 cannot be made. If the Architect is
unable to certify payment in the amount of the Application, the
Architect will notify the Contractor and Owner as provided in
Subparagraph 9.4.1. If the Contractor and Architect cannot
agree on a revised amount, the Architect will promptly issue a
Certificate for Payment for the amount for which the Architect
is able to make such representations to the Owner. The Archi-
tect may also decide not to certify payment or, because of
subsequently discovered evidence or subsequent observations,
may nullify the whole or a part of a Certificate for Payment
previously issued, to such extent as may be necessary in the
Architect's opinion to protect the Owner from loss because of:
.1 defective Work not remedied;
.2 third party 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 unpaid balance of the Contract Sum;
.5 damage to the Owner or another contractor;
.6 reasonable evidence that the Work will not be com-
pleted within the Contract Time, and that the unpaid
balance would not be adequate to cover actual or
liquidated damages for the anticipated delay; or
.7 persistent failure to carry out the Work in accordance
with the Contract Documents.
9.5.2 When the above reasons for withholding certification are
removed, certification will be made for amounts previously
withheld.
9.6 PROGRESS PAYMENTS
9.6.1 After the Architect has issued a Certificate for Payment,
the Owner shall make, payment in the manner and within the
time provided in the Contract Documents, and shall so notify
the Architect.
9.6.2 The Contractor shall promptly pay each Subcontractor,
upon receipt of payment from the Owner, out of the amount
paid to the Contractor on account of such Subcontractor's por~
tion of the Work, the amount to which said Subcontractor is
entitled, reflecting percentages actually retained from payments
to the Contractor on account of such Subcontractor's portion
of the Work. The Contractor shall, by appropriate agreement
with each Subcontractor, require each Subcontractor to make
payments to Sub-subcontractors in similar manner.
9.6.3 The Architect will, on request, furnish to a Subcontrac~
tor, if practicable, information regarding percentages of com-
pletion or amounts applied for by the Contractor and action
taken thereon by the Architect and Owner on account of por~
tions of the Work done by such Subcontractor.
9.6.4 Neither the Owner nor Architect shall have an obligation
to payor to see to the payment of money to a Subcontractor
except as may otherwise be required by law.
9.6.5 Payment to material suppliers shall be treated in a manner
similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or partial
or entire use or occupancy of the Project by the Owner shall
not constitute acceptance of Work not in accordance with the
Contract Documents.
9.7 FAILURE OF PAYMENT
9.7.1 If the Architect does not issue a Certificate for Payment,
through no fault of the Contractor, within seven days after
receipt of the Contractor's Application for Payment, or if the
Owner does not pay the Contractor within seven days after the
date established in the Contract Documents the amount cer-
tified by the Architect or awarded by arbitration, then the Con-
tractor may, upon seven additional days' written notice to the
Owner and Architect, stop the Work until payment of the
amount owing has been received. The Contract Time shall be
extended appropriately and the Contract Sum shall be
increased by the amount of the Contractor's reasonable costs of
shut-down, delay and start-up, which shall be accomplished as
provided in Article 7.
9.8 SUBSTANTIAL COMPLETION
9.8.1 Substantial Completion is the 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 Of utilize the Work for its intended
use.
9.8.2 When the Contractor considers that the Work, or a por-
tion thereof which the Owner agrees to accept separately;. is
substantially complete, the Contractor shall prepare and submit
to the Architect a comprehensive list of items to be completed
or corrected. The Contractor shall proceed promptly 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
included on the Contractor's list, which is not in accordance
with the requirements of the Contract Documents, the Contrac*
tor shall, before issuance of the Certificate of Substantial Com*
pletion, complete or correct such item upon notification by the
Architect. The Contractor shall then submit a request for
another inspection by the Architect to determine Substantial
Completion. When the Work or designated portion thereof is
substantially complete, the Architect will prepare a Certificate
of Substantial Completion which shall establish the date of Sub-
stantial Completion, shall establish responsibilities of the
Owner and Contractor for security, maintenance, heat, utilities,
damage to the Work and insurance, and shall fix the time
within which the Contractor shall finish all items on the list
accompanying the Certificate. Warranties required by the Con-
tract Documents shall commence on the date of Substantial
Completion of the Work or designated portion thereof unless
otherwise provided in the Certificate of Substantial Comple-
tion. The Certificate of Substantial Completion shall be sub*
mitted to the Owner and Contractor for their written accep~
tance of responsibilities assigned. to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated
portion thereof and upon ,application by the Contractor and
certification by the Architect, the Owner shall make payment,
reflecting adjustment in retainage, ifany, for such Work or por-
tion thereof as provided in the Contract Documents.
9.9 PARTIAL OCCUPANCY OR USE
9.9.1 The Owner may occupy or use any completed or par-
tially completed portion of the Work at any stage when such
portion is designated by separate agreement with the Contrac-
tor, provided such occupancy or use is consented to by the
insurer as required under Subparagraph 11.3.11 and authorized
by public authorities having jurisdiction over the Work. Such
partial occupancy or use may commence whether or not the
portion is substantially complete, provided the Owner and
Contractor have accepted in writing the responsibilities
assigned to each of them for payments, retainage if any, secu~
rity, maintenance, heat, utilities, damage to the Work and insur-
ance, and have agreed in writing concerning the period for cor-
rection of the Work and commencement of warranties
required by the Contract Documents. When the Comractor
considers a portion substantially complete, the Comractor 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~
mem 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 ANO FINAL PAYMENT
9.10.1 Upon receipt of written notice that the Work is ready
for final inspection and acceptance and upon receipt of a final
Application for Payment, the Architect will promptly make
such inspection and, when the Architect fmds the Work accept-
able under the Contract Documents and the Contract fully per-
formed, the Architect will promptly issue a final Certificate for
Payment stating that to the best of the Architect's knowledge,
information and belief, and on the basis of the Architect's
observations and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Docu~
ments and that the entire balance found to be due the Contrac-
tor and noted in said final Certificate is due and payable. The
Architect's final Certificate for Payment will constitute a further
representation that conditions listed in Subparagraph 9.10.2 as
precedent to the Contractor's being entitled to final payment
have been fulfilled.
9.10.2 Neither fmal payment nor any remaining retained
percentage shall become due until the Contractor submits to
the Architect (1) an affidavit that payrolls, bills for materlals and
equipment, and other indebtedness connected with the Work
for which the Owner or the Owner's property might be
responsible or encumbered (less amounts withheld by Owner)
have been paid or otherwise satisfied, (2) a certificate evidenc-
ing that insurance required by the Contract Documents to
remain in force after final payment is currently in effect and will
not be cancelled or allowed to expire until at least 30 days'
prior written notice has been given to the Owner, (3) a written
statement that the Contractor knows of no substantial reason
that the insurance will not be renewable to cover the period
required by the Contract Documents, (4) consent of surety, if
any, to final payment and (5), if required by the Owner, other
data establishing payment or satisfaction of obligations, such as
receipts, releases and waivers of liens, claims, security interests
or encumbrances arising out of the Contract, to. the: extent and
in such form as may be designated by the Owner. If a Subcon-
tractor refuses to furnish a release or waiver required by the
Owner, the Contractor may furnish a bond satisfactory to the
Owner to indemnify the Owner against such lien. If such lien
remains unsatisfied after payments are made, the Contractor
shall refund to the Owner all money that the Owner may be
compelled to pay in discharging such lien, including all costs
and reasonable attorneys' fees.
9.10.3 If, after Substantlal Completion of the Work, final com-
pletion thereof is materially delayed through no fault of the
Contractor or by issuance of Change Orders affecting final
completion, and the Architect so confirms, the Owner shall,
upon application by the Contractor and certification by the
Architect, and without terminating the Contract, make payment
of the balance due for that portion of the Work fully completed
and accepted. If the remaining balance for Work not fully com*
pleted or corrected is less than retainage stipulated in the Con-
tract Documents, and if bonds have been furnished, the written
consent of surety to payment of the balance due for that por-
tion of the Work fully completed and accepted shall be submit-
ted by the Contractor to the Architect prior to certification of
such payment. Such payment shall be made under terms and
conditions governing final payment, except that it shall not
constitute a waiver of claims. The making of fmal payment shall
constitute a waiver of claims by the Owner as provided in Sub-
paragraph 4.3.5.
9.10.4 Acceptance of final payment by the Contractor, a Sub-
contractor or material supplier shall constitute a waiver of
claims by that payee except those previously made in writing
and identified by that payee as unsettled at the time of final
Application for Payment. Such 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
Contraclarshall immediately stop. Wark in the area affected
and report the condition to the Owner and Architect in writing.
The Work in the affected area shall not thereafter be resumed
except by written agreement of the Owner and Contractor if in
fact the material is asbestos or polychlorinated biphenyl (PCB)
and has not been rendered harmless. The Work in the affected
area shall be resumed in the absence of asbestos or polychlori-
nated biphenyl (PCB), or when it has been rendered harmless,
by written agreement of the Owner and Contractor, or in
accordance with final determination by the Architect on which
arbitration has not been demanded, or by arbitration under
Article 4.
10.1.3 The Contractor shall not be required pursuant to Article
7 to perform without consent any Work relating to asbestos or
polychlorinated biphenyl (PCB).
10.1.4 To the fullest extent permitted by law, the Owner shall
indemnify and hold harmless the Contractor, Architect, Archi-
tect's consultants and agents and employees of any of them
from and against claims, damages, losses and expenses, includ-
ing but not limited to attorneys' fees, arising out of or resulting
from performance of the Work in the affected area if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has
not been rendered harmless, provided that such claim, damage,
loss or expense is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property
(other than the Work itself) including loss of use resulting
therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Owner, anyone directly or
indirectly employed by the- Owner or anyone for whose acts
the Owner may be liable, regardless of whether or not such
claim, damage, loss or expense is caused in part by a party
indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person
described in this Subparagraph 10.1.4.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall take reasonable precautions for
safety of, and shall provide reasonable protection to prevent
damage, injury or loss to;
.1 employees on the Work and other persons who may
be affected thereby;
.2 the Work and materials and equipment to be incorpo-
rated therein, whether in storage on or off the site,
under care, custody or control of the Contractor or
the Contractor's Subcontractors or Sub-subcontrac-
tors; and
.3 other property at the site or adjacent thereto, such as
trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relo-
cation or replacement in the course of construction.
10.2.2 The Contractor shall give notices and comply with
applicable laws, ordinances, rules, regulations and lawful orders
of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by
existing conditions and performance of the Contract, reason-
able safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating
safety regulations and notifying owners and users of adjacent
sites and utilities.
10.2.4 When use or storage of explosives or other hazardous
materials or equipment or unusual methods are necessary for
execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of properly
qualified personnel.
10.2.5 The Contractor shaH promptly remedy damage and loss
(other than damage or loss insured under property insur.mce
required by the Contract Documents) to property referred to in
Clauses 10.2,1.2 and 10.2.1,3 caused in whole or in part by the
Contractor, a Subcontractor, a Sub-subcontractor, or anyone
directly or indirectly employed by any of them, or by anyone
for whose acts they may be liable and for which the Contractor
is responsible under Clauses 10.2.1.2 and 10.2,1.3, except
damage or loss attributable to acts or omissions of the Owner
or Architect or anyone directly or indirectly employed by
either of them, or by anyone for whose acts either of them may
be liable, and not attributable to the fault or negligence of the
Contractor. The foregoing obligations of the Contractor are in
addition to the Contractor's obligations under Paragraph 3.18.
10.2.6 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 pan ofthe
construction or site to be loaded so as to endanger its safety.
10.3 EMERGENCIES
10.3.1 In an emergency affecting safety of persons or property,
the Contractor shall act, at the Contractor's discretion, to pre-
vent threatened damage, injury or loss. Additional compensa-
tion or extension ofHme claimed by the Contractor on account
of an emergency shall be determined as provided in Paragraph
4.3 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shaH purchase from and maintain in a
company or companies lawfuHy authorized to do business in
the jurisdiction in which the Project is located such insurance as
will protect the Contractor from claims set forth below which
may arise out of or result from the Contractor's operations
under the Contract and for which the Contractor may be legally
Hable, whether such operations be by the Contractor or by a
Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be
lIable,
.1 claims under workers' or workmen's compensation,
disability benefit and other similar employee benefit acts
which are applicable to the Work to be perfonned;
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.2 claims for damages because of bodily injury, occupa-
tional sickness or disease, or death of the Contractor's
employees;
.3 claims for damages because of bodily injury, sickness
or disease, or death of any person other than the Con-
tractor's employees;
.4 claims for damages insured by usual personal injury
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 property damage arising out of owner-
ship, maintenance or use of a motor vehicle; and
.7 claims involving contractual liability insurance appli-
cable to the Contractor's obligations under Paragraph
3.18.
11.1.2 The insurance required by Subparagraph 11.1.1 shall be
written for not less than limits of liability specified in the Con-
tract Docwnents or required by law, whichever coverage is
greater. Coverages, whether written on an occurrence or
claims-made basis, shall be maintained without interruption
from date of commencement of the Work until date of final
payment and. termination of any coverage required to be main-
tained after final payment.
11.1.3 Certificates of Insurance acceptable to the Owner shall
be f1led with the Owner prior to commencement of the Work.
These Certificates and the insurance policies required by this
Paragraph 11. 1 shall contain a provision that coverages
afforded under the policies will not be cancelled or allowed to
expire until at 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 are reason-
ably available, an additional certificate evidencing continuation
of such coverage shall be submitted with the final Application
for Payment as required by Subparagraph 9.10.2. Information
concerning reduction of coverage shall be furnished by the
Contractor with reasonable promptness in accordance with the
Contractor's information and belief.
11.2 OWNER'S LIABILITY INSURANCE
11.2.1 The Owner shall be responsible for purchasing and
maintaining the Owner's usual liability insurance. Optionally,
the Owner may purchase and maintain other insurance for self-
protection against claims which may arise from operations
under the Contract. The Contractor shall not be responsible
for purchasing and maintaining this optional Owner's liability
insurance unless specifically required by the Contract
Documents.
11.3 PROPERTY INSURANCE
11.3.1 Unless otherwise provided, the Owner shall purchase
and maintain, in a company or companies lawfully authorized
to do business in the jurisdiction in which the Project is
located, property insurance in the amount of the initial Con-
tract Sum as well as subsequent modifications thereto for the
entire Work at the site on a replacement cost basis without vol-
untary deductibles. Such property insurance shall be main-
tained, unless otherwise provided in the Contract Documents
or otherwise agreed in writing by all persons and entities who
are beneficiaries of such insurance, until final payment has been
made as provided in Paragraph 9.10 or until no person or entity
other than the Owner has an insurable interest in the property
required by this Paragraph 11.3. to be covered, whichever is
earlier. This insurance shall include interests of the Owner, the
Contractor, Subcontractors and Sub-subcontractors in the
Work.
11.3.1.1 Property insurance shall be on an all-risk poiicy form
and shall insure against the perils of fire and extended coverage
and physical loss or damage including, without duplication of
coverage, theft, vandalism, malicious mischief, collapse, false-
work, temporary buildings and debris removal including
demolition occasioned by enforcement of any 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 effectinsurance 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 property insurance requires minimum deducti-
bles and such deductibles are identified in the Contract Docu-
ments, the Contractor shall pay costs not covered because of
such deductibles. If the Owner or insurer increases the required
minimum deductibles above the amounts so identified or if the
Owner elects to purchase this insurance with voluntary deduc-
tible amounts, the Owner shall be responsible for payment of
the additional costs not covered because of such increased or
voluntary deductibles. If deductibles are not identified in the
Contract Documents, the Owner shall pay costs not covered
because of deductibles.
11.3.1.4 Unless otherwise provided in the Contract Docu-
ments, this property insurance shall cover portions of the Wark
stored off the site after written approval of the Owner at the
value established in the approval, and also portions of the Work
in transit.1
11.3.2 Boller and Machinery Insurance. The Owner shall
purchase and maintain boiler and machinery insurance
required by the Contract Documents or by law, which shall
specifically cover such insured objects during installation and
umil final acceptance by the Owner; this insurance shall include
interests of the Owner, Contractor, Subcontractors and Sub-
subcontractors in the Work, and the Owner and Contractor
shall be nkmed insureds.
11.3.3 Loss of Use Insurance. The Owner, at tfie Owner's
option, may purchase and maintain such insurance as will
insure the Owner against loss of use of the Owner's property
due to fire or other hazards, however caused. The Owner
waives all rights of action against the Contractor for loss of use
of the Owner's property, including consequential losses due to
fire or other hazards however caused.
11.3.4 If the Contractor requests in writing that insurance for
risks other than those described herein or for other special haz-
ards be included in the property insurance policy, the Owner
shall, if possible, include such insurance, and the cost thereof
shall be charged to the Contractor by appropriate Change
Order.
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11.3.5 If during the Project construction period the Owner
insures properties, real or personal or both, adjoining or adja-
cent to the site by ,property insurance under polides separate
from those insuring the Project, or if after final payment prop-
erty insurance is to be provided on thecompteted Project
through a policy or policies other than those insuring the Proj-
ect during the construction period, the Owner shall waive all
rights in accordance with the terms of Subparagraph 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 anexpos\.lre to loss may occur, the Owner shall
me with the Contractor a copy of each policy that includes
insurance coverages required by this Paragraph 11.3. Each
policy. shall contain all generally applicable conditions, defini-
tions, exclusions, and endorsements related to this Project. Each
policy shall contain a provision that, the policy will not be
cancelled or allowed to expire until at least 30 days' prior writ-
ten notice has been given to the Contractor,
11.3.7 Waivers of SubrogaUon. The Owner and Commctor
waive all rights against (1) each other and any of their subcon-
tractors, sub-subcontractors, agents and employees, each of the
other, and (2) the Architect, Architect's consultants, separate
contractors described in Anicle 6, if any, and any of their sub-
contractors, sub-subcontractors, agents and employees, for
damages caused by fire or other perils to the extent covered by
property insurance obtained pursuant to this Paragraph 11.3 or
other property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the
Owner as fiduciary. The Owner or Contractor, as appropriate,
shall require of the Architect, Architect's consultants, separate
contractors described in Article 6, if any, and the subcontrac-
tors, sub-subcontractors, agents and employees of any of them,
by appropriate agreements, written where legally required for
validity, similar waivers each in favor of other parties enum-
erated herein. The policies shall provide such waivers of subro-
gation by endorsement or otherwise. A waiver of subrogation
shall be effective as to a person or entity even though that per-
son or entity would otherwise have a duty of indemnification,
contractual or otherwise, did not pay the insurance premium
directly or indirectly, and whether or not the person or entity
had an insurable interest in the property damaged.
11.3.8 A loss insured under Owner's property insurance shall
be adjusted by the Owner as fiduciary and made payable to the
Owner as fiduciary for the insureds, as their interests may
appear, subject to requirements of any applicable mortgagee
clause and of Subparagmph 11.3.10. The Contmctor shail pay
Subcontractors their just shares of insurance proceeds received
by the Contractor, and by appropriate agreements, written
where legally required for validity. shall require Subcontractors
to make payments to their Sub-subcontractors in similar
manner.
11.3.9 If required in writing by a party in interest, the Owner
as fiduciary shall, upon occurrence of an insured loss, give
bond for proper performance of the Owner's duties. The cost
of required bonds shall be charged against proceeds received as
fiduciary. The Owner shall deposit in a separate account pro-
ceeds so received, which the Owner. shall distribute in accor-
dance with such agreement as the parties in interest may reach,
or in accordance with an arbitration award in which case the
procedure shall be as provided in Paragraph 4.5. If after such
loss no other special agreement is made, replacement of dam-
aged property shall be covered by appropriate Change Order.
11.3.10 The Owner as fiduciary shall have power to adjust and
settle a loss with insurers unless one of the parties in interest
shall object in writing within five days after occurrence of loss
to the Owner's exercise of this power; if such objection be
made, arbitrators shall be chosen as provided in Paragraph 4.5,
The Owner as fiduciary shall, in that case, make settlement with
insurers in accordance with directions of such arbitrators. If
distribution of insurance proceeds by 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 the Contractor shall take reasonable steps to obtain
consent of the insurance company or companies and shall,
without mutual written consent, take no action with respect to
partial occupancy or use that would cause cancellation, lapse or
reduction of insurance.
11.4 PERFORMANCE BOND AND PAYMENT BOND
11.4.1 The Owner shall have the right to require the Contmc-
tor to furnish bonds covering faithful performance of the Con-
tract and payment of obligations arising thereunder as stipu-
lated in bidding requirements or specifically required in the
Contract Documents on the date of execution of the Contract.
11.4.2 Upon the request of any person or entity appearing to
be a potential beneficiary of bonds covering payment of obliga-
tionsarising under the Contract, the Contractor shall promptly
furnish a copy of the bonds or shall permit a copy to be made.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 If a portion of the Work is covered contrary to the
Architect's request or to requirements specifically expressed in
the Contract Documents, it must, if required in writing by the
Architect, be uncovered for the Architect's observation and be
replaced at the Contractor's expense without change in the
Contract Time.
12.1.2 If a portion of the Work has been covered which the
Architect has not specifically requested to observe prior to its
being covered, the Architect may request to see such Work and
it shall be uncovered by the Contractor. If such Work is in
accordance with the Contract Documents, costs of uncover-
ing and replacement shall, by appropriate Change Order, be
charged to the Owner. If such Work is not in accordance with
the Contract Documents, the Contractor shall pay such costs
unless the condition was caused by the Owner or a separate
contractor in which event the Owner shall be responsible for
payment of such costs.
12.2 CORRECTION OF WORK
12.2.1 The Contractor shall promptly correct Work rejected
by the Architect or failing to conform to the requirements of
the Contract Documents, whether observed before or after
Substantial Completion and whether or not fabricated, installed
or completed. The Contractor shall bear costs of correcting
such rejected Work, including additional testing and inspec-
tions and compensation for the Architect's services and
expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Comple-
tion of the Work or designated portion thereof, or after the d:ite
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for commencement of warranties established under Sub-
paragrnph 9.9.1, or by terms of an applicable special warranty
required by the Contract Documents, any of the Work is found
to be not in accordance with the requirements of the Contract
Documents, the Contractor shall correct . it promptly after
receipt of written notice from the Owner to do so unless the
Owner has previously given the Contractor a written accep-
tance of such condition. This period of one year shall be
extended with respect to portions of Work first performed after
Substantial Completion by the period of time between Substan-
tial Completion and the acttlal 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 notke promptly after dis-
covery of the condition.
12.2.3 The Contractor shall remove from the site portions of
the Work which arc not in accordance with the requirements
of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work
within a reasonable time, the Owner may correct it in accor-
dance with Paragraph 2.4. If the Contractor does not proceed
with correction of such nonconforming Work within a reason-
able time fixed by written notice from the Architect, the Owner
may remove it and store the salvable materials or equipment at
the Contractor's expense. If the Contractor does not pay costs
of such removal and storage within ten days after written
notice, the Owner may upon ten additional days' written
notice sell such materials and equipment at auction or at private
sale and shall account for the proceeds thereof, after deducting
costs and damages that should have been borne by the Con-
tractor, including compensation for the Architect's services and
expenses made necessary thereby. If such proceeds of sale do
not cover costs which the Contractor should have borne, the
Contract Sum shall be reduced by the deficiency. If payments
then or thereafter due the Contractor are not sufficient to cover
such amount, the Contractor shall pay the difference to the
Owner.
12.2.5 The Contractor shall bear the cost of correcting
destroyed or damaged construction, whether completed or
partially completed, of the Owner or separate contractors
caused by the Contractor's correction or removal of Work
which is not in accordance with the requirements of the Con-
tract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be con-
strued to establish a period of limitation with respect to other
obligations which the Contractor might have under the Con-
tract Documents. Establishment of the time period of one year
as described in Subparagraph 12.2.2 relates only to the specific
obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply
with the Contract Documents may be sought to be enforced,
nor to the time within which proceedings may be commenced
to establish the Contractor's liability with respect to the Con-
tractor's obligations other than specifically to correct the Work.
12.3 ACCEPTANCE OF NONCONFORMING WORK
12.3.1 If the Owner prefers to accept Work which is not in
accordance with the requirements of the Contract Documents,
the Owner may do so instead of requiring its removal and cor-
rection, in which case the Contract Sum will be reduced as
appropriate and equitable. Such adjustment shall be effected
whether or not final payment has been made.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the law of the place
where the Project is located.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Contractor respectively bind them-
selves, their partners, successors, assigns and legal' representa-
tives to the other party hereto and to partners, successors,
assigns and legal representatives of such other party in respect
to covenants, agreements and obligations contained in the Con-
tract Documents. Neither party to the Contract shall assign the
Contract as a whole without written consent of the other. If
either party attempts to make such an assignment without such
consent, that party shall nevertheless remain legally responsible
for all obligations under the Contract.
13.3 WRITTEN NOTICE
13.3.1 Written notice shall be deemed to have been duly
served if delivered in person to the individual or a member of
the firm or entity or to an officer of the corporation for which it
was intended, or if delivered at or sent by registered or certified
mail to the last business address known to the party giving
notice.
13.4 RIGHTS AND REMEDIES
13.4.1 Duties and obligations imposed by the Contract Docu-
ments and rights and remedies available thereunder shall be in
addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Architect or
Contractor shall constitute a waiver of a right or duty afforded
them under the Contract, nor shall such action or failure to act
constitute approval of or acquiescence in a breach thereunder,
except as may be specifically agreed in writing.
13.5 TESTS AND INSPECTIONS
13.5.1 Tests, inspections and approvals of portions of the
Work required by the Contract Documents or by laws, ordi-
nances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless other-
wise provided, the Contractor shall make arrangements for
such tests, inspections and approvals with an independent test.
ing laboratory or entity acceptable to the Owner, or with the
appropriate public authority, aop shall bear all related costs of
tests, inspections and approvals. The Contractor shall give the
Architect timely notice of when and where tests and inspec-
tions are to be made so the Architect may observe such proce-
dures. The Owner shall bear costs of tests, inspections or
approvals which do not become requirements until after bids
are received or negotiations concluded.
13.5.2 If the Architect, Owner or public authorities having
jurisdiction determine that portions of the Work require addi-
tional testing, inspection or approval not included under Sub*
paragraph 13.5.1, 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 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlAI) . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, NW" WASHINGTON, D.C. 20006
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The Owner shall bear such costs except as provided in Sub-
paragraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval
under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the
portions of the Work to comply with requirements established
by the Contract Documents, the Contractor shall bear all costs
made necessary by such failure including those of repeated
procedures and compensation for the Architect's services and
expenses.
13.5.4 Required certificates of testing, inspection or approval
shall, unless otherwise required by the Contract Documents, be
secured by the Contractor and promptly delivered to the
Architect.
13.5.5 If the Architect is to observe tests, inspections or
approvals required by the Contract Documents, the Architect
will do so promptly and, where practicable, at the normal place
of testing.
13.5.6 Tests or inspections conducted pursuant to the Con-
tract Documents shall be made promptly to avoid unreasonable
delay in the Work.
13.6 INTEREST
13.6.1 Payments due and unpaid under the Contract Docu-
ments shall bear interest from the date payment is due at such
rate as the parties may agree upon in writing or, in the absence
thereof, at the legal rate prevailing from time to time at the place
where the Project is located.
13.7 COMMENCEMENT OF STATUTORY
LIMITATION PERIOD
13.7.1 As between the Owner and Contractor:
.1 Before Subs1antlal Completion. As to acts or failures
to act occurring prior to the relevant date of Substan-
tial Completion, any applicable statute of limitations
shall commence to nm and any alleged cause of action
shall be deemed to have accrued in any and all events
not later than such date of Substantial Completion;
.2 Between Subs1antlal Completion and Final Certlf~
cate for Payment. As to acts or failures to act occur-
ring subsequent to the relevant date of Substantial
Completion and prior to issuance of the final Certifi~
cate for Payment, any applicable statute of limitations
shall commence to run and any alleged cause of
action shall be deemed to have accrued in any and all
events not later than the date of issuance of the final
Certificate for Payment; and
.3 After Final Certificate for Payment. As to acts or
failures to act occurring after the relevant date of issu-
ance of the final Certificate for Payment, any appli-
cable statute of limitations shall commence to run and
any alleged cause of action shall be deemed to have
accrued in any and all events not later than the date of
any act or failure to act by the Contractor pursuant to
any warranty provided under Paragraph 3.5, the date
of any correction of the Work or failure to correct the
Work by the Contractor under Paragraph 12.2, or the
date of actual commission of any other act or failure
to perform any duty or obligation by the Contractor
or Owner, whichever occurs last.
ARTICLE 14
TERMINATION OR SUSPENSION
OF THE CONTRACT
14.1 TERMINATION BY THE CONTRACTOR
14.1.1 The Contractor may terminate the Contract if the Work
is stopped for a period of 30 days through no act or fault of the
Contractor or a Subcontractor, Sub-subcontractor or their
agents or employees or any other persons performing portions
of the Work under contract with the Contractor, for any of the
following reasons:
.1 issuance of an order of a court or other public author-
ity having Jurisdiction;
.2 an act of government, such as a declaration of national
emergency, making material unavailable;
.3 because the Architect has not issued a Certificate for
Payment and has not notified the Contractor of the
reason for withholding certification as provided in
Subparagraph 9.4.1, or because the Owner has not
made payment on a Certificate for Payment within
the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by the
Owner as described in Paragraph 14.3 constitute in
the aggregate more than 100 percent of the total num.
ber of days scheduled for completion. or 120 days in
any 365-day period, whichever is less; or
.5 the Owner has failed to furnish to the Contractor
promptly, upon the Contractor's request, reasonable
evidence as required by Subparagraph 2.2.1.
14.1.2 If one of the above reasons exists, the Contractor may,
upon seven additional days' written notice to the Owner and
Architect, terminate the Contract and recover from the Owner
payment for Work executed and for proven loss with respect
to materials, equipment, tools, and construction equipment
and machinery, including reasonable overhead, profit and
damages.
14.1.3 [f the Work is stopped for a period of 60 days through
no act or fault of the Contractor or a Subcontractor or their
agents or employees or any other persons performing portions
of the Work under contract with the Contractor because the
Owner has persistently failed to fulf1l1 the Owner's obligations
under the Contract Documents with respect to matters impor-
tant to the progress of the Work, the Contractor may, upon
seven additional days' written notice to the Owner and the
Architect, terminate the Contract and recover from the Owner
as provided in Subparagraph 14.1.2.
14.2 TERMINATION BY THE OWNER FOR CAUSE
14.2.1 The Owner may terminate the Contract if the
Contractor:
.1 persistently or repeatedly refuses or fails to supply
enough properly skilled workers or proper materials;
.2 fails to make payment to Subcontractors for materials
or labor in accordance with the respective agreements
between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, reg-
ulations or orders of a public authority having juris-
diction; or
.4 otherwise is guilty of substantial breach of a provision
of the Contract Documents.
14.2.2 When any of the above reasons exist, the Owner, upon
certification by the Architect that sufficient cause exists to jus-
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlAe . (91987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A201-1987
23
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.'
tify such action, may without prejudice to any other rights or
remedies of the Owner and after giving the Contractor and the
Contractor's surety, if any, seven days' written notice, termi.
nate employment of the Contractor and may, subject to any
prior rights of the surety:
.1 take possession of the site and of all materials, equip-
ment, tools, and construction equipment and machin.
cry thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Para-
graph 5.4; and
.3. fmish the Wark by whatever reasonable method the
Owner may deem expedient.
14.2.3 When the Owner terminates the Contract for one of the
reasons stated in Subparagraph 14.2.1, the Contractor shall not
be entitled to receive further payment until the Wark is
fmished.
14.2.4 If the unpaid balance of the Contract Sum exceeds costs
of fmishing. the Work, including compensation for the Archi-
tect's services and expenses made necessary thereby, such
excess shall be paid to the Contractor. If such costs exceed the
unpaid balance, the Contractor shall pay the difference to the
Owner. The amount to be paid to the Contractor or Owner, as
the case may be, shall be certified by the Architect, upon appli-
cation, and this obligation for payment shall survive termina-
tion of the Contract. .
14.3 SUSPENSION BY THE OWNER
FOR CONVENIENCE
14.3.1 The Owner may, without cause, order the Contractor in
writing to suspend, delay or interrupt the Work in whole or in
part for such period of time as the Owner may determine.
14.3.2 An adjustment shall be made for increases in the cost of
performance of the Contract, including profit on the increased
cost of performance, caused by suspension, delay or interrup-
tion. No adjustment shall be made to the extent:
.1 that performance is, was or would have been so sus-
pended, delayed or interrupted by another cause for
which the Contractor is. responsible; or
.2 that an equitable adjustment is made or denied u~der
another provision of this Contract.
14.3.3 Adjustments made in the cost of performance may have
a mutually agreed fixed or percentage fee.
24 A201.1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AlA- . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
3/87
WARNING: UnUcensed photocopying violates U.S. copyright laws and Is sublect 10 legal prosecution.
SUPPLEMENTARY GENERAL CONDITIONS
The following supplements modify, change, delete from or add to the "General
Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition.
Where any Article of the General Conditions is modified or any paragraph,
subparagraph or clause thereof is modified or deleted by these supplements, the
unaltered provisions ofthat Article, paragraph, subparagraph, or clause shall remain
in effect.
ARTICLE 1 through ARTICLE 10
No Change
ARTICLE 11 - INSURANCE AND BONDS
11.1
Contractor's Liability Insurance.
11.1.1
In the first line following the "maintain", insert the words, "in a
company or companies licensed to do business in the state in
which the project is located."
11.1.1
ADD:
.7
Liability insurance shall include all major divisions of
coverage and be on a comprehensive basis including:
(1) Premises - Operations
(2) Independent Contractors Protective.
(3) Products and Completed Operations.
(4) Contractual-including specified provision for the
Contractor's obligations under Paragraph 4.18.
(5) Owned, non-owned, and hired motor vehicles.
(6) Broad form coverage for property damage.
11.1.2 ADD: ... The Contractor shall furnish insurance with the following
minimum limits:
.1 Workers' Compensation
a. State and Federal: Statutory
b. Employer's Liability $ 100,000.
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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:
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F-2
GENERAL RELEASE
(To be submitted with requisition for Final Payment)
KNOWN ALL MEN BY THESE PRESENTS
that
for
(Contractor)
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 or thing
whatsoever, from the beginning of the world to the day of the date of these presents
rising out of the construction, in accordance with the contract entered into
between parties hereto, dated:
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:
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G -1
PREVAILING WAGE RATES
ATTACHMENT
WAGE DETERMINATION
For
Southold Town Department of Public Works
Restoration and Reconstruction
Of the
Southold Hamlet Parking Lot
Located at
State Route 25
SOUTHOLD, New York 11971
(Attach Wage Rate Information Here)
Southold Hamlet Parking Lot
1- 1
PAYROLL CERTIFICATION FORM
(ntle'
(HarM of slgnatoly party)
do hereby state:
1. That I pay or supervise the payment of the persons employed by,
00 the
(Contractor or SUb.contractor)
: that during the payroll period commencing
(Project or Work)
on the day of , .a- , and ending the day of , .a- , ail
persons employed on said project have been paid the full weekly wages earned (except.. noled Column 10. fronIoffonn~
thilt no rebates have been or will be made either directly or Indirectly to or on behalf of said contractor,
from the full weekly wages earned by any person and that
(ConttactororSu~
no deductions have been m.d. .Ither directly or Indirectly from the full wages earned by any person other than
permissible deducUons as d6ftned by RegulaUons Issued by the New York State Department of Labor. Ii
any wages are unpald,.as reported In Column 10 on the front of this fann, explain below:
2. That any payrolls otherwise under this contract required to be .ubmltted for the above period are correct and complete; thIt the
wage rate. for laborers, mechanJc, Journeymen, skilled and ..ml..kllled laborer and appl'lntlces contained the....n are not Ies' than
the applleable wage rates contained In any wag. detennlnatlon Ineorporated tnto the contract; that the c1..,lftcatlonsset forth
therein for each laborer, mechanic, Journeymen, skilled and, seml-ckllled laborer and apprentice confonn with work he performed.
3. That any apprentices employed In the above period are duly regJstei'ed In a bona fide apprenticeship program registered with a
State apprenticeship agency recognlzed by the New York Sureay of Apprenticeship and Training, Deparbnent of Labor and Industry.
4. 1bal:
(I). wHERE FRINGE BENEFlES ARE PAID TO APPROVED PLANS, FUNDS OR PROGRAMS
In addition to the basic hourty wage rates paid to each laborer, mechanic. journeyman. skilled and seml-cldlled laborer and
C apprentice listed In the above referenced payroll, payments of frtnge benefits as IIst8d In the contract have been or wlH be
made to appropriate programl for the benefit of such employee, except as noted In Section 4 (c) below.
(0). WHERE FRINGE BENEFIES ARE PAID IN CASH
Each laborer, Mechanic. journeymen, lidDed and seml-skllled laborer and apprlntlce listed In the above referenced payroll
C has been paid, as Indicated on the plyroIl, an amount not less thin the sum of the appUcable basic hourly wage rate plus
the amount of the required fringe benefits as listed In the contract, except as noted .In Section 4 (c) below;
,
(c). EXCEPTIONS
EXCEPTION (CRAFT)
EXPLANA110N
REMARJ(S,
I NAME_n=
I8IGNATURE:
The willful falsification of any of the above statements may subject the contractor or su~ontractor to civil or criminal prosecution.
TAKEN, SWORN AND SUBSCRIBED BEfORE ME,
(NOTARY & SEAL)
THIS
OF
DAY
. A.D. 20_.
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1-2
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-Contraetor: Add~sofConbaetororSu~onkactor. Date Wage Due & Paid:
Telephone No. Week Ending or Final Certification Project Name & Location: Prevailing Wage Serial Number: Agency Project Number:
0
1. 2. 3. ,..: .4. DAY AND DATE 5. 6. 7. 8. 9. 10.
.. ~~ <II S MIT WIT FI S DEDUCTIONS NET
Name, Address and =~i ~ WAGE
Work 0 I I I TOTAL RATE GROS~ WITH- TOTAL AMOUNTS
Social Security Number DOE Classification HOURS OFPA' AMOUN FICA HOLDING STATE DEDUC- PAID FOR UNPAID
E" . ,..:
of Employee :il~~ 0 HOURS WORKED EACH DAY EARNED TAX TIONS WEEK
0
S
0
S
0
S
0
, S
.
0
S
0
. S
0
S
0
S
0
S
NEW YORK STATE DEPARTMENT OF LABOR PREVAILING WAGE DIVISION
.
CO)
-
-
o
....J
Ol
t:
:.;;::
"-
CO
a...
-
OJ
E
CO
I
"0
o
.<::
.....
::l
o
en
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 fails 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, available 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 ofthe State's Laws against discrimination as the Commission
for Human Rights shall determine.
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.
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J -1
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-discrimination
clauses as such sections of the Executive Law and will, permit access to his books,
records, and accounts by the Commission for Human Rights and Owner
representatives counsel for the purposes of investigation to ascertain compliance
with these non-discrimination clauses and such sections of the Executive Law and
Civil Rights Law.
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 ofthese non-discrimination clauses. Such finding shall be made
by the Commission for Human Rights after conciliation efforts by the Commission
have failed to achieve compliance with these non-discrimination clauses and after a
verified complaint has been filed with the Commission, notice thereof has been given
to the Contractor and an opportunity has been afforded him to be heard publicly
before three members on the Commission. Such sanctions may be Imposed and
remedies otherwise provided by law.
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).
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COMPLIANCE WITH THE LABOR LAW
AND OTHER DEPARTMENT OF LABOR REGULATIONS
A. STATE REGULATIONS:
1. The Contractor shall comply with the applicable provisions of the "Labor Law" as
amended, of the State of New York. This Contract shall be void unless applicable
sections of said Labor Law are complied with.
2. Each and every provision of law and clause required by law to be part of this Contract
shall be deemed to be included herein and this Contract shall be read and enforced as
though it were included herein, and, if through mere mistake or otherwise any such
provision is not included, then upon the application of either party hereto, the
Contract shall forthwith be physically amended to make such Inclusion.
Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts,
discrimination on account of race, creed, color, or national origin in employment of
citizens upon public works.
There may be deducted from the amount payable to the Contractor by the Owner
under this Contract a penalty of five ($5.00) dollars for each person for each calendar
day during which such person was discriminated against or intimidated in violation of
the provisions of said paragraph, this Contract may be canceled or terminated by the
Owner and all monies due or to become due hereunder may be forfeited.
B. FEDERAL REGULATIONS:
1. CERTIFICATION OF NONSEGREGATED FACILITIES.
By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies
that he does not maintain or provide for his employees any segregated facilities at any
of his establishments, and that he does not permit his employees to perform their
services at any location, under his control, where segregated facilities are maintained.
He certifies further that he will not maintain or provide for his employees any
segregated facilities at any of his establishments, and that he will not permit his
employees to perform their services at any location, under this control, where
segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor
agrees that a breach of this certification Is a violation of the Equal Opportunity clause
in his contract. As used in this certification, the term "segregated facilities" means
any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other
eating areas, time clocks, locker rooms and other storage or dressing areas, time
clocks, locker rooms and other storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in fact
segregated on the basis of race, creed, color, or national origin, because of habit, local
custom, or otherwise. He further agrees that (except where he has obtained identical
certifications from proposed subcontractors for specific time periods) he will obtain
identical certifications from proposed subcontractors prior to the award of
subcontracts exceeding $ 10,000 which are not exempt from the provisions of the
Equal Opportunity clause; that he will retain such certifications in his files; and that he
will forward the foliowing notice to such proposed subcontractors (except where the
proposed subcontractors have submitted identical certifications for specific time
periods):
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2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT
FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES.
A certification of Non-segregated Facilities must be submitted prior to the award of a
subcontract exceeding $10,000 - which is not exempt from the provisions of the Equal
Opportunity clause. The certification may be submitted either for each subcontract or
for all subcontracts during a period (i.e., quarterly, semiannually, or annually).
NOTE: The penalty for making false statements in offers is prescribed in
18 U.S.C. 1001.
"During the performance of this contract", the Contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, creed, color, or national
origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of compensation; and selection for training,
Including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to race, creed, color, or national origin.
(3) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice
to be provided by the agency contracting officer, advising the labor union or workers
representative of the contractor's commitments under Section 202 of Executive Order
No. 11245 of September 24,1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, and regulations, and relevant orders of the
Secretary of labor.
(5) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24,1965, and by the rules, regulations, and orders ofthe Secretary
of labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the contracting agency and the Secretary of labor for the purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized In Executive Order No. 11245 of September 24, 1965, and such other
sanctions may be Imposed and remedies invoked as provided in Executive Order No.
11246 of September 24, 1965, or by rule, regulation, or order 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: Provided, however. that in the
event the contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the contracting agency, the
contractor may request the United States to enter into such litigation to protect the
interests of the United States."
3. FEDERAL PROCUREMENT REGULATIONS
EQUAL OPPORTUNITY IN EMPLOYMENT
1-12.805.4 Reports and Other Reauired Information
(a) Requirements for prime contractors and subcontractors.
(1) Each agency shall require each prime contractor and each prime contractor
and subcontractor shall cause its subcontractors to file annually, on or before
March 31, complete and accurate reports on Standard Form 100 (EEO-1)
promulgated jointly by the Office of Federal Contract Compliance, the Equal
Employment Opportunity Commission, and Plans for Progress. or on such
form as may hereafter be promulgated In Its place, if such prime contractor or
subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in
accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime
contractor or first-tier subcontractor; and (iv) has a contract. sub-contract, or
purchase order amounting to $ 50,000 or more, or serves as a depository of
Government funds In any amount, or is a financial institution which Is an
issuing and paying agent for U.S. savings bonds and savings notes: Provided,
that any subcontractor below the first tier which performs construction work
at the site of construction shall be required, to file such a report if it meets the
requirements In subdivisions (I), (ii). and (Iv) of this paragraph (a) (1).
(2) Each person required by subparagraph (1) 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) ofthis 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 Reports and Other Reauired Information
(b) Requirements for bidders or prospective contractors.
(1) Each agency shall require each bidder or prospective prime contractor and
proposed subcontractor, where appropriate, to state in the bid or at the outset of
negotiations for the contract whether it has participated In any previous contract
or subcontract subject to the Equal Opportunity clause; and, if so, whether It has
filed with the Joint Reporting Committee, the Director, an agency, or the former
President's Committee on Equal Employment Opportunity, all reports due under
the applicable filing requirements. The statement shall be In the form of a
representation by the bidder or offeror substantially as follows:
(2)
"The bidder (or offeror) represents that he ( ) has, ( ) has not, participated In a
previous contract or subcontract subject to the Equal Opportunity clause
herein, or the clause originally contained In section 301 of Executive Order No.
10925, or the clause contained In section 201 of Executive Order No. 11114;
that he ( ) has, ( ) has not, filed all required compliance reports; and that
representations Indication submission of required compliance reports, signed
by proposed subcontractors will be obtained prior to subcontract awards."
(The above representation need not be submitted In connection with contracts
or subcontracts which are exempt from the clause.)
When a bidder or offeror 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 notfiled a report due under the
applicable filing requirements, no contract or subcontract shall be awarded,
unless such contractor submits a report covering the delinquent period or such
other period specified by the agency or the Director.
(3) A bidder or prospective prime contractor or proposed subcontractor shall be
required to submit such Information as the agency or the Director requests prior
to the award of the contract or subcontract. When a determination has been made
to award the contract or subcontract to a specific contractor, such contractor shall
be required, prior to award, or after the award, or both, to furnish such other
Information as the agency, the applicant, or the Director requests.
( C ) Use of reports.
Reports filed pursuant to this 1-12.805.4 shall be used only In connection with the
administration of the Order, the Civil Rights Act of 1964, or In furtherance of the
purposes of the Order and said Act.
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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 PROCUREMENT STANDARDS
A. All contracts for construction or repair shall Include a prevision for
compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as
supplemented in Department of Labor Regulations (29 CFR, Part 3).
This Act provides that each Contractor shall be prohibited from
inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled. The Grantee shall
report all suspected or reported violations to the Grantor Agency.
B. Where applicable, all Contracts awarded in excess of $ 2,000 for
construction contracts and in excess of $ 2,500 for other contracts
which involve the employment of mechanics or laborers shall Include
a provision for compliance with Section 103 and 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by Department of Labor Regulations (29 CFR, Part 5).
Under Section 103 of the Act, each Contractor shall be required to
compute the wages of every mechanic and laborer on the basis of a
standard work day of l! hours and a standard work week of 40 hours.
Work in excess of the standard work day or work week is permissible
provided that the worker is compensated at a rate of not less than 1-
1/2 times the basic Rate of pay for all hours worked in excess 8 hours
In any calendar day or 40 hours in the work week. Section 107 of the
act is applicable to construction work and provides that no laborer or
mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to his
health and safety as determined under construction, safety, and health
standards promulgated by the Secretary of Labor. These requirements
do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation
or transmission of intelligence.
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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 construction or facility improvement awarded in
excess of $100,000, grantees shall observe the bonding requirements
provided in Attachment B to this Circular.
H. All contracts and sub-grants in excess of $ 10,000 shall include
provisions for compliance with Executive Order No. 11246, entitled,
"Equal Employment Opportunity", as supplemented in Department of
Labor Regulations (41 CFR, Part 60). Each contractor or sub-grantee
shall be required to have an affirmative action plan which declares that
it does not discriminate on the basis of race, color, religion, creed,
national origin, sex, and age and which specifies goals and target
dates to assure the implementation of that pian. 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 LABOR LAW
Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to
the following requirements:
1. Section 220.2 which requires a stipulation that no laborer, workman or mechanic In the employ
of the contractor, subcontractor or other person doing or contracting to do the whole or a part
of the work contemplated by the contract shall be permitted or required to work more than
eight hours in anyone calendar day or more than five days in anyone week except in the
emergencies set forth in the Labor Law.
2. Section 220.3 which requires a provision that each laborer, workman or mechanic employed
by the contractor, subcontractor or other person about or upon such public work, shall be
paid not less than the prevailing rate or wages and shall be provided supplements not less
than the prevailing supplements as determined by the fiscal officer.
3. Section 220.3-a also requires that the contractor and every subcontractor on public works
contracts shall post in a prominent and accessible place on the site of the work a legible
statement of all wage rates and supplements as specified in the contract to be paid or
provided, as the case may be, for the various classes of mechanics, workingmen, or laborers
employed on the work.
4. Section 220.3-8 provides that apprentices will be permitted to work as such only when they
are registered, individually, under a bona fide program registered with the. New York State
Department of Labor. The allowable ratio of apprentices to journeymen in any craft
classification shall not be greater than the ratio permitted to the contractor as to his work
force on any job under the registered program. Any employee listed on a payroll at an
apprentice wage rate, who Is not registered as above, shall be paid the wage rate determined
by the New York State Department of Labor for the classification of work he actually
performed. The contractor or subcontractor will be required to furnish written evidence of the
registration of his program and apprentices as well as of the appropriate rations and wage
rates, for the area of construction prior to using any apprentice on the contract work.
5. Section 220-8, which requires provisions by which the contractor with the State or
municipality agrees:
(a) That in the hiring of employees for the performance of work under this contract or any
subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf
of such contractor or subcontractor, shall by reason of race, creed, color or national
origin discriminate against any citizen of the State of New York who is qualified and
available to perform the work to which the employment relates;
(b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner,
discriminate against or intimidate any employee hired for the performance of work
under this contract on account of race, creed, color or national origin. (Your attention
is directed to the provisions of the State law against Discrimination which also
prohibits discrimination in employment because of age);
( C ) That there may be deducted from the amount payable to the contractor by the State or
municipality under this contract a penalty of five dollars for each calendar day during
which such person was discriminated against or intimidated in violation of the
provisions of the contract;
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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 compiled 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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PROJECT SPECIFICATIONS
Section 1010 - SUMMARY OF WORK
1.01 WORK COVERED BY THE CONTRACT DOCUMENTS:
A. The work in this project includes the demolition of the existing concrete
sidewalks and related materials. The existence of any underground utilities,
such as water mains or gas service is to be verified by the contractor prior to
any excavation. All debris generated by this demolition work shall be
disposed of by the Contractor at his own expense.
B. The work in this project also covers the construction and installation of new
concrete curbing and sidewalks within the existing parking lot and shall be
Installed in full accordance with the contract documents.
C. The work in this project also covers the patching and restoration of the
existing pavement surfaces prior to the installation of the asphalt overlay. All
damaged asphalt pavement areas within the construction area shall be graded
and patched in accordance with Town Highway Specifications and approved
by the Town Engineer prior to placement of the final overlay.
C. The intent of the Contract Documents is for the work to be completed and
finished in all respects, including all labor, materials, equipment, tools,
construction equipment and machinery, water, heat utilities, transportation,
and other facilities and services necessary for the proper execution of the
work as called for on the drawings, specified herein or as may be reasonably
inferred there from.
C. This contract includes all site work necessary for the completion of work.
END OF SECTION
Section 1500 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS
1.01 BARRIERS
A. Barricades shall be provided around all excavations and other hazardous areas
during construction and shall be maintained and lighted in accordance with
Uniform Statewide Building Code and local requirements.
B. The Contractor shall be responsible for all traffic control and signage as needed
or required to provide a safe working environment during construction.
C. Open excavations will not be allowed over night and shall be filled, barricaded
and/or secured each night subject to the approval of the Department of Public
Works.
END OF SECTION
Section 1600 - SUBSTITUTIONS
1.01 The following requirements are applicable to all proposed substitutions for products
specified herein, where such substitutions are allowed.
1.02 CONTRACTOR'S OPTIONS:
A. For products specified with the notation of "or equal" or "or approved equal", the
Contractor may submit an equivalent product for approval by the Architect.
B. For products specified by naming only one product or manufacturer, unless
otherwise indicated, the Contractor may submit an equivalent product for
approval by the Town If such a product is available.
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1.03 PROCEDURE:
A. Requests for substitution shall be submitted with complete data necessary to
substantiate compliance with the Contract Documents. Submit physical samples
and names and addresses of similar projects on which the product was used
when requested by the Architect.
B. Submissions shall be made in sufficient time to allow a thorough investigation of
the proposed substitutions and no allowance will be made for delay in project
completion because of disapproval of proposed substitutions.
C. In making request for substitution. Bidder/Contractor represents:
1. He has personally Investigated proposed product or method and
determined that it is equal or superior in all respects to that specified.
2. He will provide the same guarantee for substitution as for product or
method specified.
3. He will coordinate installation of accepted substitution Into work making
such changes as may be required for work to be complete in a1lrespecfs.
4. He waives all claims for additional costs related to substitution which
subsequently becomes apparent.
1.04 APPROVAL OF SUBSTITUTIONS
A. All substitutions shall be approved in writing prior to being ordered, fabricated or
incorporated Into the work.
B. The Architect's decision on the suitability or equivalence of a proposed
substitution Is final and may be based on the suitability of colors, finishes and
outward appearance in addition to the functional aspects of the product.
C. Substitutions which require a substantial revision of the Contract Documents
will not be considered.
1.05 The Contractor shall be solely responsible for coordinating all changes or additional
work required to incorporate approved substitutions into the work, Including additional
engineering, certification or tests, and no claims for additional cost related to
substitution will be allowed.
END OF SECTION
Section 2100 - SITE PREPARATION
1.01 DESCRIPTION:
A. Provide all site preparation work. Limits of work under this contract shall include
the entire site. Any and all damage caused by construction activities to the
adjacent concrete and road surfaces beyond these limits will extend the
construction limits listed herein.
1.02 PROTECTION:
A. Streets, roads, adjacent property and other works to remain shall be protected
throughout the work in accordance with Uniform Statewide Building Code.
1.03 DEMOLITION:
A. The existing culvert shall be excavated, demolished and removed by the
contractor. The contractor shall be responsible for all underground utilities
located within the Right-of-Way.
1.04 DISPOSAL:
A. All debris generated from the demolition activities shall be disposed of by the
Contractor at an approved upland site.
B. Burning of material on the site will not be permitted.
C. Removal of construction Debris:
1. Material to be removed shall be removed from the site daily as it
accumulates.
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1.05 EXCAVATION:
A. Excavation consists of removal and disposal of material encountered when
establishing required finish grade elevations.
B. Unauthorized excavation consists of removal of materials beyond indicated sub
grade elevations or dimensions without specific direction of the Architect.
Unauthorized excavation, as well as remedial work directed by the Architect shall
be at the Contractor's expense.
1.06 COMPACTION:
A. General: Control soli compaction during construction providing minimum
percentage of density specified for each area classification.
B. Percentage of Maximum Density Requirements: Compact soil to not less than the
following percentage of maximum dry density for soils which exhibit a well.
defined moisture density relationship determined in accordance with ASTM D
698; and not less than the following percentages of relative density, determined
in accordance with ASTM D 2049, for solis which will not exhibit a well-defined
moisture density relationship.
C. Parking lot Pavement Areas: Compact top 12" of sub grade and each layer of
backfill or fill material at 95% maximum dry density.
1.07 BACKFILL AND FILL:
A. Place acceptable soil material in layers to required sub grade elevations, for each
area classification listed below.
1. Under parking lot Pavements, use satisfactory excavated soil or borrow
material.
1.08 GRADING:
A. General: Uniformly grade areas within limits of grading under this section,
including adjacent transition areas. Smooth finished surfaces within specified
tolerances, compact with uniform levels or slopes between points where
elevations are shown or between such points and existing grades.
END OF SECTION
Section 3000 . CONCRETE WORK
1.01 DESCRIPTION:
A. Provide all concrete work as shown.
1.02 QUALITY ASSURANCE:
A. Codes and Standards: Comply with provisions of the following Codes,
Specifications and Standards, except where more stringent requirements are
shown or specified:
1. ACI 318 "Building Code Requirements for Reinforced Concrete".
END OF SECTION
Section 3200 . ASPHALT PAVEMENT MATERIALS
1.01 DESCRIPTION:
A. The Contractor shall be responsible for the compaction, patching and
repairing of all excavated pavement within the limits of existing pavement
areas.
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1.02 BASE COURSE FOR ASPHALT PAVEMENTS OVER ALL EXCAVATED AREAS:
A. The base course shall consist of three-fourths.inch stone blend or crushed
concrete compacted to a four-inch depth. Crushed concrete shall be a clean
recycled concrete aggregate material that is free of hazardous or regulated
waste product. Any material deemed to be construction and demolition (C&D)
debris by the Town's Inspector shall be rejected. All rejected C&D debris
material shall be removed from the site at the contractor's expense. If clay or
other unsuitable material is found below the base course, it shall be removed
and replaced with 12 of compacted bank run containing 15% or more of gravel.
The twelve-Inch replacement depth may be modified according to existing
conditions as approved by the Engineer.
B. The soli fill in all excavation areas shall be compacted to the satisfaction of the
Engineer and shall be smooth, parallel to and at the required depth below the
base course. The soli base shall not be in a muddy or frozen condition before
placing base course material.
C. The base course material shall be deposited on the prepared grade by means of
dump truck, spreader, tailgate or other approved methods of deposition.
Spreading the stone blend base course material shall be done by approved
spreading equipment. After the loose material has been spread evenly so that it
will have the required thickness after compaction, correct grade for succeeding
courses, segregation of any large or fine particles corrected, it shall be rolled
with approved rollers weighing not less than 10 tons. Rolling must begin at the
sides and continue toward the center and shall continue until there is no
movement of the course ahead of the roller. A minimum of four passes of rollers
will be required. Approved vibratory rollers may be used at the option of the
contractor. Where the use of a roller Is impractical, approved vibration plate
compactors or impact rammers shall be used to compact the base material.
C. Upon the completion of the base course within the limits of all excavated areas,
the contractor shall request an Inspection by the Engineer or Inspector and shall
not proceed with the application of the final asphalt base "binder" material until
such inspection has been made and the work approved.
1.03 ASPHALT BINDER COURSE MATERIAL:
A. The binder course shall be 2 1/2 inches in compacted depth. The material shall
be local sand and gravel pit run, passing the three.fourths-inch screen with filler
added. The filler material shall be local fine sand. The combined materials shall
show the following composition:
(1) Passing the three-fourths-inch square sieve: 100%.
(2) Passing the No.4 sieve: 75% to 90%.
(3) Passing the No. 10 sieve: 50% to 75%.
(4) Passing the No. 40 sieve: 25% to 50%.
(5) Passing the No. 80 sieve: 12% to 20%.
(6) Passing the No.1 00 sieve: 4% to 12%.
(7) Asphalt cement grade AC-20: 6% to 8%.
(8) Temperature range placing: 2250 to 2750 F.
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B. The binder course shall be placed on the stabilized base course when it has been
satisfactorily completed and approved by the Engineer or Inspector. The material shall
be placed only when the surface to be covered is dry, clean and weather conditions, In
the opinion of the Engineer, are suitable. All defective areas in the base course shall be
repaired as directed. The bituminous course shall be placed with an approved finishing
paver or other approved equipment, capable of placing material to such appropriate
loose depth that when the work Is completed, the required compacted thickness will
have been met. The course shall be compacted with ten-ton tandem steel wheel rollers
or vibratory rollers of a type as approved by the Engineer. During the initial rolling,
rollers shall travel parallel to the center line beginning at the edge and working toward
the center, overlapping on successive passes by 1/2 of the roller wheels. A minimum of
four passes of rollers will be required.
C. The temperature of the material, when placed, shall not be less than 225' F. No material
shall be placed when the air and surface on which the material Is to be placed Is below
40' F.
1.04 ASPHALT WEARING COURSE MATERIAL:
A. The wearing course shall be 11/2 Inches in compacted depth. The coarse aggregate
shall consist of crushed stone, the fine aggregate sand and mineral filler. The minerai
filler shall consist of limestone dust, cement or silica sand. The combined materials
shall have the following composition:
Screen Sizes
General Limits
(percent passage)
100
95.100
65 -85
32-65
15-39
7 -25
2 -12
2-6
Job Mix
(percent passage)
+0
+5
+7
+7
+7
+7
+4
+2
1 inch
1/2 inch
1/4 inch
1/8 inch
20
40
80
200
% asphalt cement
grade AC-20
5.8 -7.0
+0.4
B. The wearing course shall be placed on the binder course when it has been satisfactorily
completed and approved by the Engineer or Inspector. The material shall be placed only
when the surface to be covered is dry, clean and weather conditions, In the opinion of
the Engineer, are suitable. All defective areas in the base course shall be repaired as
directed. The bituminous course shall be placed with an approved finishing paver with
screed heating equipment, capable of placing a fourteen-foot width and to such
appropriate loose depth that when the work is completed the required, compacted
thickness will have been met. The course shall be compacted with ten-ton tandem steel
wheel rollers or vibratory rollers of a type as approved by the Engineer. During the initial
rolling, rollers shall travel parallel to the center line beginning at the edge and working
toward the center, overlapping on successive passes by 1/2 of the roller wheels. A
minimum of four passes of rollers will be required.
C. The temperature of the material, when placed, shall not be less than 225' F. No material
shall be placed when the air and surface on which the material is to be placed is below
40' F.
END OF SECTION
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DEMOLITION PLAN NOTES:
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SAW CUT ESISTING PAVEMENT AS REQUIRED TO
ACCOMMODATE NEW CONSTRUCTION.
REMOVE EXISTING CONCRETE SIDEWALK
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CONTRACTOR SHALL REMOVE ALL EXISTING PAVEMENT AS I
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ALL FINISH PAVEMENT SHALL BE UNIFORM AND ALIGN WITH
EXISTING TOPOGRAPHY. STEEP PITCH AND/OR EXCESSIVE I
I CHANGES IN PAVEMENT SLOPE SHALL NOT BE ALLOWED.
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DEMOLITION PLAN
SCALE: 1" = 30'
EXCAVATE AND REMOVE EXISTING UTILITY POLE. THE TOWN
SHALL REMOVE ALL ELECTRICAL SERVICE & FIXTURES.
EXISTING TREES TO REMAIN. ALL PRUNING & TREE
REMOVAL SHALL BE AS APPROVED BY THE TOWN.
EXISTING METAL GUARD RAIL THIS AREA TO BE REMOVED.
6 x 6 CCA Treated Post
Set In 3,000 PSI Concrete
16" .3 X 10 CCA TREATED
GUARD RAIL
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NEW STREET LIGHT
BY OTHERS. (2 ElIch)
CONTRACTORTOPR~E
NEW 4~ DIL P.V,C. CONDUIT
AT 24- BELOW GRADE.
SITE WORK TO INCLUDE:
DEMOLITION OF EXISTING SIDEWALK & UTILITY POLE
CUT ASPHALT AS NEEDED FOR NEW WORK.
ALSO INSTALL 200' +/- Eectrlcal Conduit for Street Lights (By Others)
1,250 Sq. Yds, +/- ASPHALT OVERLAY
(2" LIFT - 140 TONS)
(Asphalt Patch . 20 TONS)
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SUBGRADE TO REMAIN
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Town of Southold - Letter
BL!
Board Meeting of January 2, 2007
RESOLUTION 2007-73
ADOPTED
Item # 14
DOC ID: 2425
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-73 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 2, 2007:
RESOLVED that the Town Board of the Town of South old hereby authorizes and directs
Supervisor Scott A. Russell to execute an a!!:reement with H & A Landscapin!!: of LI. 5
Trader Lane Levittown. NY 11756 in connection
with Improvements to the Southold Villa!!:e Parkin!!: Lot in the amount of $33,800
for the term, in accordance with the plans and specifications prepared by James Richter, RA,
Office of the Town Engineer and subject to the approval of the Town Attorney.
~~~v..
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER: Daniel C. Ross, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated January 8, 2007
Page 17
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hal!, 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 SOUTH OLD
December 14, 2006
Anthony Jaeger
H & A Landscape of Long Island, Inc
5 Trader Lane
Levittown, NY 11756
Dear Mr. Jaeger:
Congratulations. At the regular Town Board meeting held on December 5, 2006,
the Town Board accepted the bid ofH & A Landscape of Long Island, Inc to repair the
Municipal Parking Lot in the Hamlet of Southold. A certified copy of the resolution is
enclosed.
The bid deposit will be returned to you at the end of the contract. Thank you for
your bid.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
Ene.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hal!, 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
December 14, 2006
Paul Corazzini
Paul Corazzini & Sons
3120 Albertson Lane
Greenport, NY 11944
Dear Mr. Corazzini:
At the regular Town Board meeting held on December 5, 2006, the Town Board
accepted the bid ofH & A Landscape of Long Island, Inc. for repairing the Municipal
Parking Lot. A certified copy of the resolution is enclosed.
Your bid deposit is being returned to you. Thank you for your bid.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
Ens.
.
.
.
.
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
December 14,2006
Perry W. DeLalio, Jr.
DeLalio Coal & Stove Co., Inc.
224A North Main Street
Southampton, NY 11968
Dear Mr. DeLalio, Jr.:
At the regular Town Board meeting held on December 5, 2006, the Town Board
accepted the bid of H & A Landscape of Long Island, Inc. for repairing the Municipal
Parking Lot. A certified copy of the resolution is enclosed.
Your bid bond is being returned to you. Thank you for your bid.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
Ens.
.
.
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 1I 79
Southold. New York 1I971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTH OLD
December 14, 2006
Richard Corazzini Jr
Corazzini Asphalt, Inc
PO Box 1281
Cutchogue, NY 11935
Dear Mr. Corazzini, Jr.:
At the regular Town Board meeting held on December 5, 2006, the Town Board
accepted the bid ofH & A Landscape of Long Island, Inc. for repairing the Municipal
Parking Lot. A certified copy of the resolution is enclosed.
Your bid bond is being returned to you. Thank you for your bid.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
Ens.
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
sou tholdtown. northfork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTH OLD
December 14, 2006
Robert Garone
Rosemar Construction, Inc.
56 Pine Street
East Moriches, NY 11940
Dear Mr. Garone:
At the regular Town Board meeting held on December 5, 2006, the Town Board
accepted the bid of H & A Landscape of Long Island, Inc. for repairing the Municipal
Parking Lot. A certified copy of the resolution is enclosed.
Your bid bond is being returned to you. Thank you for your bid.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
Ens.
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
sou tholdtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTH OLD
December 14,2006
Richard R. Mailand
Parkline Asphalt Maintenance Inc
1877 Montauk Highway
Brookhaven, NY 11719
Dear Mr. Mailand:
At the regular Town Board meeting held on December 5, 2006, the Town Board
accepted the bid of H & A Landscape of Long Island, Inc. for repairing the Municipal
Parking Lot. A certified copy of the resolution is enclosed.
Your bid bond is being returned to you (no bid bond received). Thank you for
your bid.
Very truly yours,
Lynda M 80hn
Deputy Town Clerk
Ens.
.
.
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
December 14, 2006
Patricia Panchak
KJB Industries Inc.
14 Center Drive
Riverhead, NY 11901
Dear Ms. Panchak:
At the regular Town Board meeting held on December 5, 2006, the Town Board
accepted the bid ofH & A Landscape of Long Island, Inc. for repairing the Municipal
Parking Lot. A certified copy of the resolution is enclosed.
Your bid bond is being returned to you (no bid bond received). Thank you for
your bid.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
Ens.
"
Town of Southold - Letter.
Board eting of December 5, 2006
RESOLUTION 2006-941
ADOPTED
Item # 19
DOC ID: 2351
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-941 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 5, 2006:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
H & A Landscape of LI. 5 Trader Lane. Levittown. NY 11756 for parkin!!: lot
improvements to the Southold Villa!!:e parkin!!: lot in the amount of $ 33,800, all in accordance
with the plans and specifications prepared by James Richter, RA< Office of the Town Engineer
and subject to the approval of the Town Attorney.
~?;k-''/J..
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: William P. Edwards, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated December 8, 2006
Page 26
.
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
SouthoId, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTH OLD
BID OPENING
Southold Hamlet Parkin!! Lot
Bid Opening 11/30/06 10:00 A.M.
H & A Landscape of LI 516-731-7665 $ 33,800.00
5 Trader Lane
Levittown, NY 11756
Paul Corazzini & Sons 765-2012 $ 34,800.00
3120 Albertson Lane
Greenport, NY 11944
DeLalio Coal & Stove 283-0037 $ 42,421.00
224A North Main Street
Southampton, NY 11968
Corazzini Asphalt 734-5600 $ 46,850.00
PO Box 1281
Cutchogue, NY 11935
Rosemar Construction 878-2323 $ 51,051.00
56 Pine Street
East Moriches, NY 11940
Parkline Asphalt Maint. 286-4726 $ 57,875.00 No bid bond/check
1877 Montauk Highway
Brookhaven, NY 11719
KJB Industries 727-5600 $ 64,464.00
14 Central Drive
Riverhead, NY 11901
..
.
.
.
,,'
PROPOSAL FORM
Date: nll.~JCl(l
NAME of
BIDDER:
J-I:c A LA"'QSCA..f~ of' L",,~-:ts.IO."'~~.
6 "-;-V'o..~ Lo..vVL-
L-"'--...J\-~c~"" ~~ \\.6"L.
Telephone: 51~-7~'-7C.tC5""
TO: SOUTHOLD TOWN BOARD
TOWN HALL - 53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971
MEMBERS OF THE BOARD:
The undersigned as bidder, declares that the only persons, company, or parties interested in this
proposal as principals are named below; that this proposal is made without any connection, directly
or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion
or fraud, and that no person acting for or employed by the aforementioned owner is or will be
interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in
any portion of the profit thereof; that he has carefully examined the contract documents dated:
October 17, 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 furnish all materials not provided by the Town (See Specifications) and
to perform all the work required to construct, perform and complete the work at:
southold Hamlet Parking Lot - State Route 25, South old, New York 11971
and all other work in connection therewith, in accordance with the contract documents and addenda,
if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town
Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations
contained therein and will furnish the required Performance Bond; and that he will start the work as
directed by the Town, he will accept, in full payment thereof as listed below:
GENERAL CONSTRUCTION
THE RESTORATION OF THE SOUTHOLD HAMLET PARKING LOT LOCATED ON THE SOUTH
SIDE OF STATE ROUTE 25. THIS PROJECT SHALL INCLUDE: THE DEMOLITION OF; EXISTING
CONCRETE SIDEWALKS, ASPHALT SURFACES, UTILITY POLE & GUARD RAILS, AND SHALL
INCLUDE; THE NECESSARY GRADING AND INSTALLATION OF ELECTRICAL CONDUIT, NEW
CONCRETE CURBING & SIDEWALKS, NEW ASPHALT PAVEMENT AND SHALL CONSTRUCT A
COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE
REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF:
~~~;,\wL ~ WA-.W.-
~ ~'?::><cco---
(written In numbers)
Southold Hamlet Parking Lot
0-1
.
.
.
PROPOSAL FORM (Cant.)
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, that he shall be considered to have abandoned the contract.
We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a
period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement
may extend this time period. The undersigned hereby acknowledges receipt (if any) ofthe following
addenda:
Addendum Number:
(IF ANY)
Dated:
Signature
of Bidder:
~'(<::.';,c\.e.-......-\-
Bidders
Address: 5 --I('O.~, lA.1r\R..-
Telephone l-e.v M 0'-""" ~ -( \ \ ,f;l.,
Number:
Date: \ \ \<-<0 \c~
South old Hamlet Parking Lot
D-2
. .
.
.
.
NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION
(TO BE COMPLETED BY EACH BIDDER)
Bidder's Certifications:
A bidder will not be eligible for award of a contract under this Invitation for Bids unless such
bidder has submitted as a part of its bid the following certification, which will be deemed a
part of the resulting contract:
BIDDER'S CERTIFICATION
t\t:.A Lo..v"\o~Q..o..f-~ ek ~~~\a.V"\c\ ~c:...
(Bidder)
Certifies that:
1. It intends to use the following listed construction trades in the work under the
contract
OO-v-o.>t~(3'.~\~.' Lo.~rs, MGI,-s.oNS.
;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:
t){:>e.",^\o-rS ......,.~ve<S, (p..~'-'5.. N\O.SQ~
r .
; 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.
~,
uthorized Representative of Bidder)
Southold Hamlet Parking Lot
E - 1
l
..
.
.
.
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 or to a
fore district or any agency or official thereoffor work or services performed orto be performed or goods sold or
to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true
under the penalties of perjury; non-colluslve bidding certification.
A. Bysubmlsslon ofthls bid, each bidder and each person signing on behalf ofany bidder certifies, and In
the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury,
that to the best of knowledge and belief:
(1) The prices In this bid have been arrived at Independently without collusion, consultation,
communication, or agreement, for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or any competitor.
(2) Unless otherwise required by law, the prices which have been quoted In this bid have not been
knowingly disclosed by the. bidder and will not knowingly be disclosed by the bidder prior to
opening, directly or Indirectly, to any other bidder or to any competitor.
(3) No attempt has been made or will be made by the bidder to Induce any other person,
partnership, or corporation to submit or not to submit a bid for the purpose of restricting
competition.
B. The person signing this bid or proposal certifies that he. has fully Informed himself regarding the
accuracy of the statements. contained in this certification, and under the statements contained In this
certification, and under the penalties of perjury, affirms the truth thereof, such penalties being
applicable to the bidder, as well as the person signing In Its behalf.
C. That attached hereto (If a corporate bidder) is a certified copy of resolution authorizing the execution of
this certificate by the signature of this bid or proposal on behalf of the corporate bidder.
RESOLUTION
Resolved that ~'^t. "7\o,e..'f1r- of the l-\cALo..",d.S~",,p.. <<f' L..",~~\""'a -=--<-. be
(Name 0 signatory (Name of Co ration)
authorized to sign and submit the bid or proposal of this corporation for the following Project:
The Restoration of the Southold Hamlet Parking Lot located on
the South Side of State Route 25, Southold, New York 11971
and to include in such bid or proposal the certificate as to non-collusion required by section one-
hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for
any inaccuracies or miss-statements In such certificate this corporate bidder shall be liable under the
penalties of perjury.
The foregoing is true and correct
copy of the resolution adopted by
corporation at a meeting of the
Board of Directors, held on the
'2..8~y of AJ(:)~\ee..r
,20~
(SEAL OF THE CORPORATION)
Laws of New York, 1965
Ch. 751, Sec. 103-<1, as amended &
effective on September 1, 1965.
Southold Hamlet Parking Lot
C -1
~~~
.
.
.
.
.)
.1
. ~ ' ,
PROPOSAL FORM
Date: jl/Zf/t/6
I I
NAME of
BIDDER:
1?ru I (br4U.J0; Tr ~ ~.., >
1 110 ;tJIJ-,f'rf~",-? L-:;.
G-re.&1POl/ .,;.. /YJ4.
Telephone: 1 ~ f / Zi) I Z
TO: SOUTHOLD TOWN BOARD
TOWN HALL - 53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971
MEMBERS OF THE BOARD:
The undersigned as bidder, declares that the only persons, company, or parties interested in this
proposal as principals are named below; that this proposal is made without any connection, directly
or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion
or fraud, and that no person acting for or employed by the aforementioned owner is or will be
interested directly or indirectly, in the perfonnance 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:
October 17, 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 furnish all materials not provided by the Town (See Specifications) and
to perfonn all the work required to construct, perform and complete the work at:
South old Hamlet Parking Lot - State Route 25, Southold, New York 11971
and all other work in connection therewith, in accordance with the contract documents and addenda,
if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town
Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations
contained therein and will furnish the required Perfonnance Bond; and that he will start the work as
directed by the Town, he will accept, in full payment thereof as listed below:
GENERAL CONSTRUCTION
THE RESTORATION OF THE SOUTHOLD HAMLET PARKING LOT LOCATED ON THE SOUTH
SIDE OF STATE ROUTE 25. THIS PROJECT SHALL INCLUDE: THE DEMOLITION OF; EXISTING
CONCRETE SIDEWALKS, ASPHALT SURFACES, UTILITY POLE & GUARD RAILS, AND SHALL
INCLUDE; THE NECESSARY GRADING AND INSTALLATION OF ELECTRICAL CONDUIT, NEW
CONCRETE CURBING & SIDEWALKS, NEW ASPHALT PAVEMENT AND SHALL CONSTRUCT A
COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE
REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF:
1fJrr
#
V / fh~Uft1V/j el'~/J;Wl~(d 3~ g{)()
(wrltlen In numbers)
Southold Hamlet Parking Lot
D-1
.
,1
.
ef
.1
PROPOSAL FORM (Cant.)
And he further agrees that if this proposal shall be accepted by the Town and that ifhe shall refuse,
fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the
Town, that he shall be considered to have abandoned the contract.
We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a
period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement
may extend this time period. The undersigned hereby acknowledges receipt (if any) of the following
addenda:
Addendum Number:
(IF ANY)
Dated:
Signature
of Bidder:
Bidders
Address:
'Ii", / IJrnZ7/"v;'- Jy if .;:;;..,.~.
f IZtJ /l/&FffLJ..-, i&' ,
&,r~~~tJ,y AI. t(. /1~9'
.
Telephone
Number:
16 - 2or2-
/'#1/: 7( ZOt)v
.
Date:
South old Hamlet Parking Lot
D-2
.
e1
e
.;
SIATEMEf:lII Qf t\iQN-CQLLUSIQN
(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 or to a
fore district or any agency or offlclalthereoffor work or services performed or to be performed or goods sold or
to be sold, shall contain. the following statementsubscrlbed to by the bidder and affirmed bysuch bidder as true
under the penalties of perjury; non-collusive bidding certification.
A. Bysubmlsslon of this bid, each bidder and each person signing on behalf of any bidder certifies, and In
the. case of ajolnt bid, each party thereto certifies as to Its own organization, under penalty of perjury,
that to the best of knowledge and belief:
(1) The prices In this bid have been arrived at Independently without collusion, consultation,
communication, or agreement, for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or any competitor.
Unless otherwise required by law, the prices which have been quoted In this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to
opening, directly or Indirectly, to any other bidder or to any competitor.
No attempt has been made or will be made by the bidder to Induce any other person,
partnership, or corporation to submit or not to submit a bid for the purpose of restricting
competition.
The person signing this bid or proposal certifies that he has fully Informed himself regarding the
accuracy of the statements contained In this certification, and under the statements contained In this
certification, and under the. penalties of perjury, affirms. the truth thereof, such penalties being
applicable to the bidder, as well as the person signing In Its. behalf.
That attached hereto (if a corporate bidder) Is a certified copy of resolution authorizing the execution of
this. certificate by the signature of this bid or proposal on behalf of the. corporate bidder.
RESOLUTION
Resolved that~'"' / ('I Y 4 Z-"1 r' ., .' of the f1t'i / t;/4' Z7!/...; 1 Y 0/- .5~.., S-
(Name of signatory) (Name of Corporation)
authorized to sign and submit the bid or proposal of this corporation for the following Project:
(2)
(3)
B.
c.
be
The. Restoration of the South old Hamlet Parking Lot located on
the South Side of State Route 25, Southold, New York 11971
and to include in such bid or proposal the certificate as to non-collusion required by section one-
hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for
any Inaccuracies or miss-statements In such certificate this corporate bidder shall be liable under the
penalties of perjury.
The foregoing Is true and correct
copy of the resolution adopted by
corporation at a meeting of the
Board of Directors, held on the
z(j~
day of
/lIP V,
,20 e>t.
(SEAL OF THE CORPORATION)
Laws of New York, 1965
Ch. 751, Sec.103-cf, as amended &
effective on September 1, 1965.
q.-----
Southold Hamlet Parking Lot
C -1
.;
tal
.
NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION
(TO BE COMPLETED BY EACH BIDDER)
Bidder's Certifications:
A bidder will not be eligible for award of a contract under this Invitation for Bids unless such
bidder has submitted as a part of its bid the following certification, which will be deemed a
part of the resulting contract:
Certifies that:
BIDDER'S CERTIFICATION
11tu / 6rt L7I'~/,' T", p- ~L'?
(Bidder)
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 certifica:i~~, re ~ by these Bid Conditions.
fA horized Representative of Bidder)
Southold Hamlet Parking Lot
E - 1
.
r--
PROPOSAL FORM
Date: rl/;M
,
NAME of
BIDDER:
I\.lolio ~L'" Sl.,,,, Co --:J:;.;-,
J;lJ.j A Un/2rn -UAtA..l St. SOu:T"l-{"""""
Telephone: '.'?I-.;t1'l3-OO3'l
1Je.uJ Yonk-
~ t ~<"5
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:
October 17, 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 furnish all materials not provided by the Town (See Specifications) and
to perform all the work required to construct, perform and complete the work at:
South old Hamlet Parking Lot - State Route 25, Southold, New York 11971
and all other work in connection therewith, in accordance with the contract documents and addenda,
if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town
Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations
contained therein and will furnish the required Performance Bond; and that he will start the work as
directed by the Town, he will accept, in full payment thereof as listed below:
GENERAL CONSTRUCTION
THE RESTORATION OF THE SOUTHOlD HAMLET PARKING LOT LOCATED ON THE SOUTH
SIDE OF STATE ROUTE 25. THIS PROJECT SHALL INCLUDE: THE DEMOLITION OF; EXISTING
CONCRETE SIDEWALKS, ASPHALT SURFACES, UTILITY POLE & GUARD RAilS, AND SHALL
INCLUDE; THE NECESSARY GRADING AND INSTALLATION OF ELECTRICAL CONDUIT, NEW
CONCRETE CURBING & SIDEWALKS, NEW ASPHALT PAVEMENT AND SHALL CONSTRUCT A
COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE
REFERENCED ACTIVITIES Will BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF:
~ii17:,;o ~ ~iLkJ ~ ;t..,a-,_ II --I~ ,11;1./ -
(wrl In words) ;::- (]:::J (written In numbers)
~ CAI4 7>0 """"
Southold Hamlet Parking Lot
D-1
. '
.
.
NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION
(TO BE COMPLETED BY EACH BIDDER)
Bidder's Certifications:
A bidder will not be eligible for award of a contract under this Invitation forBids 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
""D""LAUO ' Sou.T\{k,n\c ~
(Bidder)
Certifies that:
1. It intends to use the following listed construction trades in the work under the
contract
GI::IIlI:~f\~ LA\l.oltf.(\.s 1't"'0 Hw,/ Eql.OIi'il1snt Oi'~
;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:
h~f\ISl.RL L."'&ot.l>ll> I'\WO KEA-"'1 [q",,,';',,,,i Of'e-41.rm>R~
; 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:
~..:N~l\L I..AeOQEE~ A1\IO tlEfrI'/ EQ\A,p~nT OPIOII.W\-'r'VQS
; 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
subcontr ctor certification required by these Bid Conditions.
e of Bidder)
South old Hamlet Parking Lot
E - 1
.
,.
. .
THE AMERICAN INSTITUTE OF ARCHITECTS
J
.
AlA Docuaent A3l0
Bond Number 1911N
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we Delallo Coal & Stone Co., Inc.
224A North Main Street, Southampton, New York 11968 as Principal,
(Here insert full name and address or legal title of Contractor)
hereinafter called the Principal and The Service Insurance Company,lnc.
80 Main Street, 3rd Floor, West Orange, New Jersey 07052
(Here insert full name and address or legal title of Surety)
a corporation duly organized under the laws of the State of New Jersey
as Surety, hereinafter called the Surety, are held and firmly bound unto
Town of Southold, Town Hall
53095 Main Street, POB 1179, Southold, New York 11971
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of
FIve Pwcent of Bid Amount Not to Exceed Thirty Flve Hundt'wd Doll.. & No Cents
Dollars ($ 3,500.00
for the payment of which sum well and truly to be made, the said Principal and the
said Surety bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS I the Principal has submitted a bid for (Here insert full name, address and description of project)
Restoration and Reconstruction of the Southold Hamlet Parking Lot
Route 25, Southold, New York 11971
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the
Principal shall enter into a Contract with the Obligee in accordance with the terms
of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of
such Contract and for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal to enter such
Contract and give such bond or bonds, if the Principal shall pay to the Obligee the
difference not to exceed the penalty hereof between the amount specified in said
bid and such larger amount for which the Obligee may in good faith contract with
another party to perform the Work covered by said bid, then this obligation shall
be null and void, otherwise to remain in full force and effect.
Signed and sealed November 17, 2006
(Witness)
Delallo Coal & Stone Co., Inc.
dL~/ LJD1)
?/ / (Title) -ra<1-61tle.n
(seal)
(! N.--
(Wi tness)
The Service Insurance Company, Inc.
(Su~ g (Seal)
~~
Robert Finnell Attorney in Fact
AlA DOCUMENT A310 oBID BOND .AIA FEBRUARY 1970 ED ,THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
,
.-
ACKNOWLEDI,ENT OF PRINCIPAL IF A C~PORATION
STATE OF /Je,,,, Yoo:k }
COUNTY OF s..ffolK SS}:
,
On this ~'I>h day of IJ. v. .).001.0 before me personally came ~ i,.O,"Pel.A\.oo lli. to
me known, who being by duly sword did depose and say that he/she resides at ~A 0()hrft ~"IU 3t1...?
SO"""""","", and that he/she is the "t1/eSIO"l<>f of
~No eo....... Stcv~ Co :rue,
the corporation described in and which executed the foregoing instrument! that he/she knows the seal of
said corporation; that one of the seals affixed to said instruments such seal, that it was so affixed by order
of the directors of said corporation, and that he signed his name thereto by like order.
RICKIE R. WALSH
Notary Public, State of NewYoltk
No.01WA4988282
Qualified In Suffolk County
Commlsalon EJcplres Nov. 4, 20.aL
ACKNOWLEDGMENT OF PRINCIPAL IF A PARTNERSHIP
~atJA-L-
NOT Y PUBLIC
STATE OF
COUNTY OF
}ss .
} ..
On this day of ,before me personally appeared
to me known and known to me to be one of the members of the firm of
described in and who executed the foregoing instrument and he acknowledged to me that he executed the
same anf or the act and deed of said firm.
NOTARY PUBLIC
ACKNOWLEDGMENT OF PRINCIPAL IF AN INDIVIDUAL
STATE OF
COUNTY OF
jss.:
On this day of ,before me personally appeared
to me known and known to be to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same.
NOTARY PUBLIC
ACKNOWLEDGEMENT OF SURETY
New York}
N }ss.:
assau
On November 17, 2006 before me personally came Robert Finnell
to me known who, being by me duly sworn, did depose and say that he/she resides at 255 Executive Drive
Plainview, New York 11803, that he/she is the Attorney in Fact of
The Service Insurance Company, Inc.
the corporation described in and which executed the foregoing instrument; and that he/she signed his/her na
thereto ty order of the Board of Directors of said corporation.
STATE OF
COUNTY OF
NOTARY PlWobl PubricH~::'~ofNY
N~ 01 HE4784829
Qualified in Nassau County
Commission Expires January 3f, 2010
, "<"'~.. ..;;,C.,.. ..i""cc',.~,....- ~.. .. c..:..:..... ......,
cCbling Ii\e lltIaChed liond; Belshe be.eby lICknowledges thaI the surety bas wanted prio. epplOval
, d. wbilllibasbtfn klgged end lteOrded at the borne office ofthesulely, Any unauthorized bonds will nolb.
te 8ltlUejal ~ ~YII!. 1/l5utIID.. aplIl !llld the ing person(# pre oppoini<d'
IN
November
111"1'1 "Iii'll".
,'t!,/ 111111,1 111111,
I, !!I"'I!J!i i':lllllllll!',1
l'I'il"',~" "'I'I':i'"II ~I"I" "I!l@'I'II"E"I!l"D
I li;I!'~I'I~',,' 1m.. ..
II, ~,II I.' ,
III!'" 'Iilllllh_ III ,~I I illlUI~ . I, .....
S~re of AItonl.y in Fa<t 0
or Willi... \lIlfprlislod
.
'.'
TIASERVlCE INSURANCE COMPANY
. (StlItutoty Basis)
STATEMENT OF ADMITTED ASSETS,
LIABILITIES SHAREHOLDER'S EQUITY
AS OF DECEMBER 31, 2005
.
ADMITTED ASSETS
Cash & cash Equivalents
Common Stocks
Bonds
Interest Income Receivable
Premiums & Agents Balancea
Amounts ReceIvable from Relnsureres
Federel Tex Recovereble
Aggregate Write-Ina for other than Invested Aasats (Funds held as collaterel)
2,087,GGG
126,010
697,657
73.919
165.238
211,740
3.551,4&4
TOTAL ADMITTED ASSETS
7,114,027
LIABILITIES & SHAREHOLDER'S EQUITY
LIABILITIES
Losses & Lo.. Adjustment Expenses
Other Expenses
Texas. licenses & fees
Federellncome Tex
Unearned Premiums
Amounts Withheld or Retained by Company for Accounts of Others
166.672
81,695
89,072
32,510
521,742
3,551,4&4
Total L1abllltJe.
4,466,1515
SHAREHOLDER'S EQUITY
Common .tock, par value $20 per share
50,000 shares, authorized, issued & outstanding
Gross Peid-In & Contribu1ed Surplus
Un888igned funds (surplus)
1,000,000
839,198
809,674
Total Shareholder'. Equity
2,648,872
TOTAL LIABILITIES & SHAREHOLDER'S EQUITY
7,114,027
STATE OF NEW JERSEY )
) ss
I
rger, Presfdent of SeIVice Insurance Company, Inc., do hereby certify that the above is a true statement
, IlabiliUas of said CoIporalion as of December 31, 2005.
James S. Burger, President
STATE OF NEW JERSEY )
) SS
COUNTY OF ESSEX )
-s;;~--~~:;;_.._~~~._-
~ :eState ~Eq,eJCciilnty
~~~t:.~~~2010
..
.
.
PROPOSAL FORM
Date: ~ :l8'Id-t
NAME of
BIDDER:
eeRAZZINl ASPlmT IHe
PO BOX \281
e~TClleCYUIX l1Q~~
Telephone: ~3113l/-SboO
TO: SOUTHOLD TOWN BOARD
TOWN HALL - 53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971
MEMBERS OF THE BOARD:
The undersigned as bidder, declares that the only persons, company, or parties interested in this
proposal as principals are named below; that this proposal is made without any connection, directly
or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion
or fraud, and that no person acting for or employed by the aforementioned owner is or will be
interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in
any portion of the profit thereof; that he has carefully examined the contract documents dated:
October 17, 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 perfonm all the work required to construct, perform and complete the work at:
Southard Hamlet Parking Lot - State Route 25, South old, New York 11971
and all other work in connection therewith, in accordance with the contract documents and addenda,
if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town
Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations
contained therein and will fumish the required Perfonmance Bond; and that he will start the work as
directed by the Town, he will accept, in full payment thereof as listed below:
GENERAL CONSTRUCTION
THE RESTORATION OF THE SOUTHOLD HAMLET PARKING LOT LOCATED ON THE SOUTH
SIDE OF STATE ROUTE 25. THIS PROJECT SHALL INCLUDE: THE DEMOLITION OF; EXISTING
CONCRETE SIDEWALKS, ASPHALT SURFACES, UTILITY POLE & GUARD RAILS, AND SHALL
INCLUDE; THE NECESSARY GRADING AND INSTALLATION OF ELECTRICAL CONDUIT, NEW
CONCRETE CURBING & SIDEWALKS, NEW ASPHALT PAVEMENT AND SHALL CONSTRUCT A
COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE
REFERENCED ACTIVITIES WILL BE ;1PLETED FOR THE STIPULATED "LUMP SUM" OF:
-k/J:.~!}:,,.)~'~ tJ1 ,.,-- <tt:~!.~~
Southold Hamlet Parking Lot
D-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, that he shall be considered to have abandoned the contract.
We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a
period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement
may extend this time period. The undersigned hereby acknowledges receipt (if any) of the following
addenda:
Addendum Number: ~.
(IF ANY)
Dated:
Signature
of Bidder:
Bidders
Address:
CORAZZlNI ASPHALT INC.
PO BOX \2Bl
etJTeI168l:lc, rt'( 11335
Telephone
Number:
Date:
(p I i3Y-
1/ -;;}'f - O(P
Southold Hamlet Parking Lot
D-2
.
.
~rATEME~T OF NON-GOI.LUSION
(To be completed by each Bidder)
In accordance with Section 103-<1 General Municipal Law, effective September 1,1966, every bid or proposal
hereafter made to a political subdivision ofthe State ohny 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 bysuch bidder as true
under the penalties of perjury; non-colluslve bidding certification.
A. Bysubmisslon ofthls bid, each bidder and each person signing on behalf ohny 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 prtces In this bid have been arrtved at Independently without collusion, consultation,
communication, or agreement, for the purpose of restricting compelillon, as to any matter
relating to such prtces with any other bidder or any competitor.
Unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to
opening, directly or indirectly, to any other bidder or to any competitor.
No attempt has been made or will be made by the bidder to Induce any other person,
partnership, or corporation to submit or not to submit a bid for the purpose of restrtctlng
competition.
The person signing this bid or proposal certifies that he has fully informed himself regarding the
accuracy of the statements. contained in this certification, and under the statements contained In this
certification, and under the penalties of perjury, affirms the truth thereof, such penalties being
applicable to the bidder, as well as the person signing In Its behalf.
That attached hereto (If a corporate bidder) Is a certified copy of resolution authorizing the execution of
this certificate by the signature of this bid or proposal on behalf of the corporate bidder.
ilJ RESOLUTIO
Resolved that. aM U/r, /f'/' of the
(Name of signatory) (Name Corporation)
authorized to sign and submit the bid or proposal of this corporation for the fOllowing Project:
(2)
(3)
B.
c.
be
The Restoration of the South old Hamlet Parking Lot located on
the South Side of State Route 25, South old, New York 11971
and to include in such bid or proposal the certificate as to non-collusion required by section one-
hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for
any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the
penalties of perjury.
The foregoing is true and correct
copy of the resolution adopted by
corporation at a meeting of the
Board of Directors, held on the
7 e/~-
day of
hVt1r!k
i
,20~
~ fl1f1
Southold Hamlet Parking Lot
";,,... '';--, ,,:, i"AGY
N . Iry ~ubl/c State of New York
, '_735
:.. UiHlltld In Suffolk County
.\\MmIIalon expires Meeg tf?l
(SEAL OF THE CORPORATION)
Laws of New York,1965
Ch. 751, Sec. 103..(1, as amended &
effective on September 1, 1965.
.
.
NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION
(TO BE COMPLETED BY EACH BIDDER)
Bidder's Certifications:
A bidder will not be eligible for award of a contract under this Invitation for Bids unless such
bidder has submitted as a part of its bid the following certification, which will be deemed a
part of the resulting contract:
Certifies that:
BIDDER'S CERTIFICATION
C'nY'o.. '2.. '1A n; A s ~a.Q}- I fl C
(Bidder)
1. It intends to use the following listed construction trades in the work under the
contract
C~J(f CX$ws J \ l\.bo-r -e,vs , Y"YL~$
;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:
CLsflha Qj- - c.....~ .....eA~J-..-t.c..~ ; 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:
C)..S. ~c&t- -+ CA2.-r"""e..d- 4- eA ~<J-..-\c..J ; and,
3. It will obtain from each of its s bcontractors and submit to the contracting or
administering agency prior to e ward of any subcontractor under this contract the
subcontractor certific n rid by these Bid Conditions.
flres ide~
(Signature of ut orized Representative of Bidder)
Southol Hamlet Parking Lot
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RU
RU Surety
A Division ofRLl Insurance Company
P.O. Box 3967 Peoria, IL 61612-3967
Phone: 309-692.\ 000 Fax: 309-692.8637
BID BOND
Bond No. PRBI035262
KNOW ALL MEN BY TIlESE PRESENTS,
That We, C'.nrnmni Amhalt loe
of POBox 1281 Cutch02l1e.NY 1I935
as Principal, and RLI Insurance Company, of Peoria, Illinois, as Surety, an illinois cotpOration duly licensed to do
business in the Slate of New York . are held and finnly boWld Wlto
Town of Southold . as Obligee, in the penal sum of
5% of Total Bid (),
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, fmnly by these presents.
THE CONDmON OF lHIS OBLIGATION IS SUCH, That whereas the Principal has submitted, or is about to submit, a
proposal or a bid to the Obligee on a contract for
Restoration & Reconstruction of the Sollthold Parkin!! Lot
NOW, TIlEREFORE, if the aforesaid principal shall be awarded the contract, the said principal will within the period
specified therefore, or if no period be specified, within ten (10) days after the notice of such award enter into a contract
and give bond for the faithful perfonnance of the contract, then this obligation shall be null and void, otherwise the
principal and the surety will pay WltO the obligee the difference in money between the amoWlt of the bid of said principal
and the amoWlt for which the obligee may legally contract with another party to perform the work if the latter amoWlt be
in excess of the former, in no event shall the liability hereWlder exceed the penal sum hereof.
PROVIDED AND sUBmcr TO TIlE CONDmON PRECEDENT, that any suits at law or proceedings in equity brought
or to be brought against the Surety to recover any claim hereW1der must be instituted and service had upon the Surety
within ninety (90) days after the acceptance of said bid of the Principal by the Obligee. .
SIGNED, SEALED AND DATED this 28th day of Novemher
2006 .
/
By:
Principal
r-J
RUI'A~
By: Matthew; off - Attomey-Io-Fact
ADDRESS ALL CORRESPONDENCE TO:
RLI Surety Division
P.O. Box 3967
Peoria, IL 61612-3967
(309) 692-1000
C3181000-50,O
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Individual Acknowledgment
State of
County of
On the
day of
. before me personally appeared
to me known and known to me to be the person desaibed in and who executed the foregoing instrument and he/she
therenpon acknowledged to me that he/she executed the same.
Notary Public
Partnership Acknowledgment
State of
County of
On the _ day of . before me personally appeared
to me known and known to me to be one of the firm of
desaibed in and who executed the foregoing instrument and he/she therenpon acknowledged to me that he/she
executed the same as and for the act and deed of said firm
Notary Public
State of ~~~Ofk_
County of ,<;[1 IlL '.
On the ..a:L day of AJ () 1/ . ~ before me personally appeared 1< I ~rd (oru Z;UVI ,J .....
to me known, who being by me duly swom, did depose and say that he/she is the . re.<,;', \c1Q Y"\r
of the CC)V'Ql..-V< ^; ~~Y\a. 0::1-11'\(.. '.
the corporation desaibed in and which executed the foregoing instrument; that he/she knows the seal of said
corporation; that the seal affix to said instrument is such corporate seal; that it was so affixed by order of the board of
directors of said corporation; and that he/she signed his/her name thereto by like order.
Corporate Acknowledgment
SUSAN J. NAGY
Notary PubUo Stile of New York
No. 48987S5
Qualified In SUffolk County
Commission expires May 20~
>$- 9P7Ir '-Fohn,
A3103200
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RU surety
A Divllion ofRLI I"",1Vl1IC' Company
P.O. Box 3%7 Peoria, IL 61612-3967
Phone: 309-692-1000 Fax: 309-692-8637
Acknowledgment of Surety
STATE OF
NewYorlc
COUNTY OF
N~!li:~n
} 88.
On this ..1l!l!L day of November ll!!!2... before me, a No\ary Public in and for said CoWlly, personally
appeared
Matthew Wilkoff
personally known to me, who being by me duly sworn did
say 1ha1 he/she is the aforesaid Attorney-In-Fact of the RLI Insurance Company of Peoria, Illinois, a corporation duly
organized and existing Wlder the laws of the Stale of Illinois, 1ha1 the seal affixed to the foregoing instrument is the
corporate seal of said corporation, 1ha1 the said instrument was sigoed, sealed and executed in behalf of said corporation by
authorily of its Board of Directors, and further acknowledge 1ha1 the said instrument and the execution thereof to be a
volWl\ary act and deed of said corporation.
IN WITNESS WHEREOF, I have hereooto subscribed my name and affixed by official seal the day and year last
above written.
My Commission Expires:
NnT~~~!.re: ~~~EIPNPE
No. 01ll~e00s254 ew York
8:r.~te Aled In Nassau County
I8eIon Explres.June 8, 2010
, ,1 V .
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No\ary Publi
Aooo7306
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POWER OF ATTORNEY'
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RU Surety
A Division ofRLI Insurance Company
P.O. Box 3967 Peoria, IL 61612-3967
Phone: 309';;92-1000 Fax: 309.;;92-8637
RLI Insurance Company
Bond No. PRBI035262
Know AU Men by These Presents:
That the RLI Insurance Company, a coIpOration organized and existing under the laws of the State of IIIiliois, and
authorized and licensed to do busiliess ili all states aud the District of Columbia does hereby make, constitute and appoilit:
Matthew Wilknff ili the City of Mineola . State of New Y orl< as
Attomev ili Fact with full power and authority hereby conferred upon himlher to sign, execute,
acknowledge and deliver for and on its bebalf as Surety, ili general, any and all bonds, undertakings, and recogni7Jlnces ili an
amount not to exceed Ten Million Dollars ($10,000,000) for any sitigle obligation, and specifically for the followitig desaibed
bond.
Principal:
Obligee:
Type Bond:
Bid Percent:
Bid Date:
Corsamni Asob.lllt IDe..
Town of Sonthold
Bid Bond
50/0 of Total Bid
11/30/2006
Tbe RLI Insurance Company further certifies that the followitig is a true and exact copy of a Resolution adopted by the Board of
Directors of RLI I_rance Company, and now ili force to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in tbe
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President,
or by sueb otller officers as tile Board of Directors may authorize. The Pnsident, any Vice President, Secretary, any
Assistant Secretary, or the Treasurer may appoiDt Attorneys in Fact or AgeDts who shall .have authority to issue boDds,
policies or undertakings iD the name of the Company. Tbe corporate seal is Dot necessary for the validity of any boads,
polides, undertakiDgs, Powers of Attorney or other obligatioDs of the corporation. The signature of aDY such officer and
the corporate seal may be priDted by facsimile."
IN WITNESS WHEREOF, the RLI IDsuraDce CompaDY has caused these presents to be executed by its
with its seal affixed this 28th day of November. ..ll!l!2-
Vice President
ATIEST:
<>-~~~-
RLI InsuraDce Company
r~5 ? \ "/..
C' -
Roy C. D' Vice President
On this .1l!l!Lday of November . 2006 before me, a Notary Public, personally appeared Rov C Die
and Cvnthia S Dohm . who beitig by me duly sworn, acknowledged that they signed the above Power of
Attorney as Vice President and Assistant Secretary, respectively, of the said RLI InsoraolX! CompaDY, and acknowledged said
itistrument to be the voluntary act and deed of said corporation.
c~/:;o:t::ml-IYJ 1M*':~~iC
AOO 10306
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RU surety
A Division of RLI Insurance Company
P.O. Box 3%7 Peoria. IL 61612-3%7
Phone: 309-692.1000 Fax: 309-692-8637
.
RLllnsurance Company $
December 31,2005
Admitted Assets
Investments:
Fixedrnaturilies............................... $
Equltysecurilies ..............................
Short-term investments.........................
Realestate ......... ............... .............
Cashon hand and on deposII.......................
Othefinvested....... . . . . . . . . . . . . . . . _ . . . . . . . . . . . .
Agents' bolances. . . .. . .. . . . . . .. . . .. .. . .. . . .. .. .. .
Investment Income due and accrued .................
Fundsheld .... ....... ,......... ................
Reinsurance recoverabM on paid Io6ses . . . . . . . . . . . . . .
FederaUncome taxes receivable ................,...
Electronic data processing equipment.
netofdeproclatlon ............................
Recelvablefromafliliates ..........................
other admitted assets. . . . . . . . . , . . . . . . . . . . . . . . . . . . .
571,645,536
611,816,336
16.001.n6
6.081.232
-1,965.994
6,500,000
54,880,790
7,33IJ,537
4,000
21,397,323
o
1,490,986
o
5,086,054
ToIaIAd__............................. $ 1,300.270,576
State of II/inois
County of Peoria }
Liabilities and Surplus
Liabilties:
Reserve for unpaid bases and loss
adjustment expenses ........................ $
Unearnedprerniurns ....... ... ... ..............
Aocruedexpen881S............................ .
Funds held. ..................................
Advance pren1lurns............................
ArnoUntsVllithhekl .... ... ...... ... ...... .......
Ceded reinsurance premium payable. . . . . . . . . . . . . .
Payabloforsecurllles......................... .
Statutory penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Federal Income lax payable ..... ........ ..... ...
Borrowed money and accrued interest. . . . . . . . . . . . .
Draftaoulstanding............................... .
PayableloafliiBale............................... .
0Iher1ia_.................................. .
352,022,397
128,759,357
46,306,44&
605.482
3,897.814
18,299.336
30.710.750
1.990.357
4.779.400
11.404.067
6.254.554
o
3.293.020
1.400,919
ToIaILiabilHIes................................... $ 609.723,904
Surplus:
Cornrnonslock ............................... S
AddHlonaIpeld-lncapllal....................... .
Unassigned surplus............................
Total Surplus
Total LiabiMi9s and Surplus
10.000,375
242.451,084
438.095.213
$ 690.546,672
$ 1,300.270,575
The undersigned. being duly sworn, says: That he is the President of RU Insurance Company; that said Company is .
corporation duly organized, in the State of Illinois, and licensed and engaged in business in the State of
New Yorl< and has duly complied with all the requirements of the laws of said State applicable of
said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is
duly qualified to act as Surety under the Act of Congress approved July 1947, 6U. S. C sec. 6-13; and that to the best of his
knowledge and belief the above statement is a full. true. and correct statement of the financial condition of the said
Company on the 31st day of December 2005.
Attest:
"""IUH'"",
:\",..\'~CEc"',,'"
$"otJ ........o~"~
:t~.... .....~-:.~
..... . . 'V_',
i!>J' oO"p......~ '. ~~
ill: i _._ it ~;;(.i
~ ~ SEAL j €
~ .. ... $'
\ ..... ... ~~
...., ........ ~
""" I (L , N 0\" ".......
"""'fllllI"""'\
{ cOZ'aite }
Affixed
Swom to before me this Bth day of February 2006.
e "OFFICIAL SEAL"
.~ CHERE L MONTGOMER.Y
COMMlSSlONexPltES02/02JOIJ
{ N"J:..1"1 }
Affixed
President
Assistant Secretary
MOO58D05
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PROPOSAL FORM
Date: 11/30/06
NAME of
BIDDER:
ROSEMAR CONST. INC.
56 PINE STREET
Telephone:
878-2323
EAST MORICHES, NY 11940
TO: SOUTHOLD TOWN BOARD
TOWN HALL - 53095 MAIN ROAD
SOUTH OLD, 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:
October 17, 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 furnish all materials not provided by the Town (See Specifications) and
to perform all the work required to construct, perform and complete the work at:
South old Hamlet Parking Lot - State Route 25, Southold, New York 11971
and all other work in connection therewith, in accordance with the contract documents and addenda,
if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town
Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations
contained therein and will furnish the required Performance Bond; and that he will start the work as
directed by the Town, he will accept, in full payment thereof as listed below:
GENERAL CONSTRUCTION
THE RESTORATION OF THE SOUTHOLD HAMLET PARKING LOT LOCATED ON THE SOUTH
SIDE OF STATE ROUTE 25. THIS PROJECT SHALL INCLUDE: THE DEMOLITION OF; EXISTING
CONCRETE SIDEWALKS, ASPHALT SURFACES, UTILITY POLE & GUARD RAILS, AND SHALL
INCLUDE; THE NECESSARY GRADING AND INSTALLATION OF ELECTRICAL CONDUIT, NEW
CONCRETE CURBING & SIDEWALKS, NEW ASPHALT PAVEMENT AND SHALL CONSTRUCT A
COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE
REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF:
FIFTY ONE THOUSAND 51,051.00
(written In words) (written In numbers)
FIFTY ONE DOLLARS
Southold Hamlet Parking Lot
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PROPOSAL FORM (Cant.)
And he further agrees that if this proposal shall be accepted by the Town and that ifhe shall refuse,
fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the
Town, that he shall be considered to have abandoned the contract.
We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a
period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement
may extend this time period. The undersigned hereby acknowledges receipt (if any) ofthe following
addenda:
Addendum Number:
(IF ANY)
NONE
Dated:
-"', .-, -. ./..-.--
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~:~~~U;~ !(v/:?:ir.:~ ~~~r:r:s: 56 PINE STREET
~
Telephone ROBERT GARONE EAST MORICHES NY
Number: !l n :n :n
Date:
11-30-06
Southold Hamlet Parking Lot
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STATEMENT OF NON-COLLUSION
(To be completed by each Bidder)
In accordance with Section 103-<1 General Municipal Law, effective September 1,1966, every bid or proposal
hereafter made to a political subdivision ofthe State of any public department, agency, or official thereof or to a
fore district or any agency or official thereoffor work or services performed or to be performed or goods sold or
to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true
under the penalties of perjury; non-collusive bidding certification.
A. Bysubmisslon 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
ROBERT GARONE
of the ROSEMAR CONST. INC.
be
(Name of signatory) (Name of Corporation)
authorized to sign and submit the bid or proposal of this corporation for the following Project:
The Restoration of the Southold Hamlet Parking Lot located on
the South Side of State Route 25, Southold, New York 11971
and to include in such bid or proposal the certificate as to non-collusion required by section one.
hundred-three.d (103-cl) of the General Municipal Law as the act and deed of such corporation, and for
any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the
penalties of perjury.
The foregoing is true and correct
copy of the resolution adopted by
corporation at a meeting of the
Board of Directors, held on the
30TH
day of
/)
,=?1I~
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(SEAL OF THE CORPORATION)
Laws of New York, 1965
Ch. 75t, Sec.103-d, as amended &
effective on September 1, 1965.
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ROBERT
South old Hamlet Parking Lot
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NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION
(TO BE COMPLETED BY EACH BIDDER)
Bidder's Certifications:
A bidder will not be eligible for award of a contract under this Invitation for Bids unless such
bidder has submitted as a part of its bid the following certification, which will be deemed a
part of the resulting contract:
BIDDER'S CERTIFICATION
ROSEMAR CONSTRUCTION,INC.
(Bidder)
Certifies that:
1. It intends to use the following listed construction trades in the work under the
contract
LABORERS,ENGINEERS
;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:
LABORERS,ENGINEERS
; 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:
YES
;and,
3.
It will obtain from each of its subcontract
-"~
administering agency priortptITEj"awar
subcontractor certificati01frequir~
""/
"
racting or
s contract the
(Signa ur 0 sentative of Bidder)
ROBERT GARONE PRESIDENT
South old Hamlet Parking Lot
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HOME OFFICE
ONE NEWARK CENTER, 20th
FLOOR
NEWARK. NEW JERSEY 07102
973-624-7200
INTERN&NAL FIDELITY INSURANCE CO.ANY
~
MAlUNG ADDRESS
P.O. BOX 511
NEWARK. NEW JERSEY
07101-0058
,
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KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned,
Rosemar Construction, Inc.
56 Pine St., East Moriches, NY 11940
as Principal, and THE INTERNATIONAL FIDELITY INSURANCe COMPANY, a corporation of the
Slate of New Jersey, as Surety, are hereby held and finnly bound unto
Town of Southold
53095 Main Road, Southold, New York 11971
in the penal sum of Five (5%) Percent of Total Amount Bid Not to Exceed $5,000.
for the payment of which, well and truly to be made, we hereby jointly and
severally bind ourselves, our heirs, executors, administrators, successors and assigns.
Signed, this 30th day of November, 2006
The condition of the above obligation is such that whereas the Principal has submitted to
Town of Southold, NY
a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for
Southold Hamlet Pariking Lot
Restoration-Reconstruction
NOW, THEREFORE,
(a) If said bid shall be rejected, or in the altemate
(b) If said bid shall be accepted and the Principal shall execute and
deliver a contract in the form of contract attached hereto, properly
completed in accordance with said bid, and shallfumish a bond for
the faithful performance of said Contract, and for the payment of
the persons performing labor or fumishlng materials in connection
therewith, and shall In all other respects perform the agreement
created by the acceptance of said bid;
THEN, THIS OBLIGATION SHALL BE VOID, otherwise the same shall remain in
force and effect; it being expressly understood and agreed that the liability of the Surety for
any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as
herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligation of
said Surety and its bond shall be in no way impaired or affected by any extension of lime within
which the said bid may be accepted; and said Surety does hereby waive notice of any such extension,
IN WITNESS WHEREOF, the Principal and the Surety have hereto set
seals, and such of them as are corporations have caused their corporate seals e
and these presents to be signed by their proper officers, the day and year sa
Signed, sealed and delivered in the presence of;
ArreST:
if ~if1 ~O>.
M'fE~Yif.UA-'!'l-1At j-iot:
Witness
Bid Bond Date 11-30-06
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ACKNOWLEDGMENT OF CORPORATION
STATE OF
COUNTY OF
NEW YORK
~u!'rUL!\.
On this 30th
day of November, 2006
, before me personally appeared
EAJ~m~o~~~H'fgo, being by me
.
ROBERT GARONE
duly sworn, did depose and say: that he resides in
that he is the PRES IDENT of the
Rosemar Construction, Inc.
the Corporation described in and which executed the above instrument; that he knows
the seal of said Corporation; that the seal affixed to said instrument is such Corporate
seal; that it was so affixed by order of the Board of Directors of said Corporation, and
that he signed his name thereto by like order.
~r
JODY NOVAK
Notary ~Ub~~'J~g1~f2~~W York
ACKNOWLEDGMENT OF SURETY OualuYed In Suffolk gour: CEiS>
Commission Expires Octo er .
STATE OF NEW JERSEY
COUNTY OF HUDSON
On this 30th day of November. 2006 , before me personally appeared
Carl W. Bull. with whom I am personally acquainted, who, being by me duly sworn, said; that
he resides in the State of New Jersey, that he is the Attorney-In-Fact of the
Intemational Fidelity Insurance Co.
the Corporation described in and which executed the foregoing instrument; that he knows the
Corporate seal of the said company; that the seal affixed to said instrument is such Corporate
seal; that it was so affixed by order and authority of the Board of Directors of said Company;
and that he signed his name thereto as Attorney-In-Fact by like authority.
~~/_AAr'
arbara Zitt
NJ Notary Publi
Hudson Co. 2219084
Comm. Expires 10/27/2008
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INTERNATIONAL FIDELITY INSURANCE COMPANY
ONE NEWARK CIlNTER, 2()TH FLOOR, NEWARK. NEW)ERSEY 0'7102-5207
STATEMENT OF ASSETS, UABlLITIFS, SURPLUS AND OIHER FUNDS
AT DECEMBER 31,2005
~
Bonds(AmortlzedValue).. .................................
Common Stocks (Market Value) ..............................
Mortg.geLoansonRealEs1ate.............................. .
Cash&:BankDeposlts .....................................
Short Term Investments ...................... ... .... ........
UnpaldPremlums&AssumedBalances....................... .
Relllsurance Recoverable from Relnsurers . . . . . . . . . . . . . . . . . . . . . . .
Bectronic Data Processing IlquIpment .........................
Investment Income Due IUldAcaued ................... .......
NetDeferredTaxAssets ...,................................
Funds Held In Escrow Accounts .. . . . .. . . .. .. . .. . . . .. . . .. .. . ..
CoDateralFundsHeJd UnderContracl ................. ........
OtberAssets . . . ; . . . . .. . .. .. . . . .. .. .... . . . .. . .. . . . .. .. . . .
TOTAL ASSlITS ..... . . . . ." .. .. ... . . . . . . . . . . . . ; .
UABIUl1IlS. SURPLUS &: 0lHER FUNDS
Losaes (Reported Lossea Net as to Reinaurance Ceded IUld
Incurred But Not Reported Losaes).. ........ ....;.............
LossAdjustmentExpenses.. ................................
Contingent CommlssIons &: Other SImi1ar Olarges ........... . . . . .
Other Expenses (Exclpdlng Taxes. Ucenses and Fees) ..............
Taxes, Ucenses & Fees (Excluding Federal Income Tax) . . . . . . . . . . . .. .
CurrentFedera1 & Foreign Income Taxes .......................
UneamedPremlums ......................................
Ceded Reinsurance Premlums Payable . . .. . .. . .. . . . .. . . . . . . . . ..
Amounts Withheld by ComplUly for Account of Others . . . . . . . . . . . .. .
Provisions for Reinsurance .. . .. .. . . .. . . . . .. . .. . .. . . .. . . . . . ..
OtherlJabilitles.. ........... .... -.......... .......... . . ...
TafALUABILlTIES ..........................
Common Capital Stock ....................................
GrOO8Pald-in&:ContrlbutedSmplus ................... -......
SmpluaNote.......................................... ..
UnaasignedFunds(Smplua) ................................
Smplua as Regards Po1lcyholders . . . . . . . . . . . . . . . . .
TarAL UABILlTIES, SURPLUS &: 0lHER FUNDS . . . .
$61.170,779
6,494,860
2,337,200
29,053,332
1,893,445
3,587,653
496,427
118,379
915,348
2,500,000
18,970,639
( 18,970,639)
2.ll48;562
110.615.985
$14,463,Q29
3,720,109
2,303,181
1,181,174
834,587
730,100
22,360,672
1,431,339
174,048
12.996
4.400
47 215 6.'\.~
$1,500,000
374,600
16,000,000
45.525.750
63.400.350
110 fi15.985
L Francis L. MitterhoH, President of INTERNATIONAL FlDEUl'Y INSURANCE COMPANY, certify that the
foregoing is a fair statement of Assets, J.,iabllitles, Smplus and Other Funds of thJs Company, at the dose of business,
December 31, 2005, as reflected by lis books and records and as reported in lis statement on file with the blsurance
Department of the State of New Jersey.
IN TESTIMONY WHEREOF,l have set my hand and affixed the
sea1 of the ComplUly, thJs _ dsy ofFebruuy 2006.
INfERNATIONAL FIDI!Ll'IY INSURANCE COMPANY
~~
.~
. .
POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFlCB: ONB NBWARK CBNTBR, 20TH FLOOR
NBWARK, NBW JBRSBY 07102-5207
. FOR BID BOND/RlDERlCONSENTS/AFFIDA vrrs
.
'" .. ,1'"
To) (V,3) 624-7200
~
KNOW ALL MIlN BY TBI!SE PlUlSENTSI That INl1!:RNATIONAL FIDEUTY INSURANCE COMPANY. . COlpOraIioD otglDizcd ODd existiDi
laws ofllle S1aIc of Now loney. ODd havins ill priDcIpaJ 0_ In Iba City of Newark. Now loney, docs heteby coDStiluIe ODdappolDt
f.........................................................................................................................................................."...........m..........................................................................
I WILUAM T. GUILFOYLE, CARL W. BUlL
i
........................... .~
I
.
i~~~~ i
. ,
~................................_.........................................................,...................................................,,,.........................................."..........-.............................................................................
lis ....0Dd Jawfullllomoy(s)-iD-fact to execu~ seal ODd deliver for ODd OD ill bcbalf as soroty, any ODd aU bonds ODd ~., CODIIICIS of i1ldem!IkY ODd
olbar wrili!'l' ob.Jlplll,!, In Iba _le!lJoreof, whloh "" or may be aUow~,. ~ 9r l""'lllllCd by law, !"~.:!....~, ,IC_ ........... or ~<!!'!!
lIIe _ of _ iDs1D1monI(s) III _ Df _ pIeSCDIS, IIWl be as _ UpoD Ihc .... ....."""'"TlONAL l'IDIILITY """"...........
COMP~ as tuny ODd amply, to aU _ ODd _. as if Iba lime bad bceo duly e_ and ......wledged by lis leJUlarly elected ofIlccn .. its
priDclpo1 .
1bla Power of AIto~_ is CllCCO~.!!"'~l' ~!!V9Jl!:!!..~ 10 ODd by aulborily of Artiole 3-&ctioD!, of Ibc By-Laws adooted by lIIe Boanl of
DirccrolSofINl1!:RNATIONAL.IIII!oI.O" INlRJRANUI; COMPANY ...mccliDJCaUcd and bold on lberlhday ot'Pcbll1&J:Y. f974.
'!be P&csldcDI or any Vice PmidcDl, _live Vice .-. Scc"""l' or As&istant SecnolaIy. sbaU have power ODd llIllbori1y
(1) ~=.!I:.'gAnomeyS-iD-fle~ ODd to aolbonu Ibem to execute OD behalf of Iba Co_. ODd IlI1lICh Ihe Scal of Iba Company _to, bonds ODd
s, _ of iDdcmDi1y ODd o1bar wriliDJ. oblig....'!' In Ibc _Ie _Incl.
(2) To lOlIlOVe, .. any lime, any sueh anomey.ln-fact ODd ....okc Iba aulbority giveD.
l'urIber, dIis Power of AItomey is abmed ODd sealed by facsimile ......... 10 _don of Iba Boanl ofDiJccIon of said Co_ adopted at . mccliDJ
duly caUco ODd held on Ihe 29th day of"April. 1982 of wIiich lIIe follOwing is . .... excerpt:
Now lIIe_ lIIe sIpslurea of sueh 0_ ODd Ibc seal of Iba Co_y lIl&l' be afI\xed 10 I!ll' suob power of aDO!OCl' or I\')' ccniflcaIe J!Iating _to by
flesimile, ODd any anCb power of lnomey or ccniflcaIe beariq sueh facsUiUlc ~ or facsUiUlc seal shaD be vaJid aDd bindinl_1be Company ODd any
suob power so eiec:oted ODd certified by fIe_e signs_ iDd facsimile seal SbaIl be valid ODd biDding upoD Iba Company In iIlc lUllIIe wilh respect to my
bood or uodcltakiDs to whicb it is attiched.
STATB OF NEW JERSEY
County of IlIIcx
On Ihia 2Il1h day of A_ 2003. _Ie me came lIIe Individual who executed IbcJteCCdhu! 1DstnuncDl, to--'!!!' l!O.iso~y knoWll,_ODd, being by me duly
aWOrD, said Iba he lllba _In described IUIII aolborlzcd officer of Ibc INTERNATIONAL l'IDELITY INllIJRAI'(CE COMPANY; lbat lIIe sear afIIxed to
said iDsttumeDt is Ibe COIpO.... Scal of ,aid Company; IIIat Ibc said COlpOtate Seal IUIII his sips.... WClC duly .ftiIed by onlcr of lbo Boud of DircctolS of
said Company.
IN TESTIMONY WHEREOF, I have beleunto ..tIDY band afI\xed my Ofticial Scal,
at the City of Newark. New Jersey the day and year first above written.
~"~
A NOTARY PUBUC OF NBW 1ERSBY
CBR'l1FICATION My Commission IlIpbcs Nov. 21. 2010
1. Ibc IIlIlIelSlgoed offlCOr of lNTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify lbat I have comp.....1be folegoing copy of lI1e
Power of "'ttomey ODd affidavil.ODd Iba copy of lIIe Socdoo oflhe By-Laws of said Company as ..tforth In IIId Power of AItomey, wilh Ibo ORIGINALS ON
IN niB HOMB OFPICB 01' SAID COMPANY, ODd IIIat Ibe same "" correct ltaDSCripta lhereof. ODd oflbo wbole of lIIe said orig...... and lhatlbe said Power
of Attorney bu not been revoked and is now in run force and effect
IN TES11MONY WHBRBOF. 1 have beJeOnto set IDY band lhis
30th day of November 2006
~jf(~~
Assistant Secretary
.
.
PROPOSAL FORM
Date: 11/22/06
NAME of
BIDDER:
Parkline Asphalt Maint., Inc.
1877 Montauk Hwy.
Telephone: 631-286-4726
Brookhaven, NY 11719
TO: SOUTHOLD TOWN BOARD
TOWN HALL - 53095 MAIN ROAD
SOUTH OLD, 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:
October 17, 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 furnish all materials not provided by the Town (See Specifications) and
to perform all the work required to construct, perform and complete the work at:
South old Hamlet Parking Lot - State Route 25, South old, New York 11971
and all other work in connection therewith, in accordance with the contract documents and addenda,
if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town
Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations
contained therein and will furnish the required Performance Bond; and that he will start the work as
directed by the Town, he will accept, in full payment thereof as listed below:
GENERAL CONSTRUCTION
THE RESTORATION OF THE SOUTHOLD HAMLET PARKING LOT LOCATED ON THE SOUTH
SIDE OF STATE ROUTE 25. THIS PROJECT SHALL INCLUDE: THE DEMOLITION OF; EXISTING
CONCRETE SIDEWALKS, ASPHALT SURFACES, UTILITY POLE & GUARD RAILS, AND SHALL
INCLUDE; THE NECESSARY GRADING AND INSTALLATION OF ELECTRICAL CONDUIT, NEW
CONCRETE CURBING & SIDEWALKS, NEW ASPHALT PAVEMENT AND SHALL CONSTRUCT A
COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE
REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF:
Fifety-seven thousand & eiqht hundred
seventY~~~~Usand dollars
$57.875 00
(written In numbers)
Southold Hamlet Parking Lot
D-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, that he shall be considered to have abandoned the contract.
We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a
period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement
may extend this time period. The undersigned hereby acknowledges receipt (if any) of the following
addenda:
Addendum Number:
(IF ANY)
Dated:
Signature '~;;:! AA _ Il f\
of Bidder: ~I f(~
Bidders
Address: 1877 Montauk Hwy
Telephone
Number: 631-286-4726
Brookhaven, NY 11719
Date: 11/22/06
Southold Hamlet Parking Lot
D-2
.
.
STATE~ENT OF NON-COLLU~'ON
(To be completed by each Bidder)
In accordance with Section 103-<1 General Municipal Law, effective September 1, 1966, every bid or proposal
hereafter made to a political subdivision ofthe State ofany public department, agency, or official thereof or to 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-colluslve bidding certification.
A. Bysubmission ofthls bid, each bidder and each person signing on behalf ofany bidder certifies, and In
the case of ajolnt 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 Richard R. Mailand of the Parkline ASphalt Maint.. Inc. be
(Name of signatory) (Name of Corporation)
authorized to sign and submit the bid or proposal of this corporation for the following Project:
The Restoration of the South old Hamlet Parking Lot located on
the South Side of State Route 25, South old, New York 11971
and to include in such bid or proposal the certificate as to non.collusion required by section one.
hundred-three-d (103-cl) of the General Municipal Law as the act and deed of such corporation, and for
any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the
penalties of perjury.
The foregoing is true and correct
copy of the resolution adopted by
corporation at a meeting of the
Board of Directors, held on the 20th
day of Novpmhpr
,20..D..6......
(SEAL OF THE CORPORATION)
Laws of New York, 1965
Ch. 751, Sec. 103-<1, as amended &
effective on September 1, 1965.
j~~
Signature
Southold Hamlet Parking Lot
C -1
.
.
NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION
(TO BE COMPLETED BY EACH BIDDER)
Bidder's Certifications:
A bidder will not be eligible for award of a contract under this Invitation for Bids unless such
bidder has submitted as a part of its bid the following certification, which will be deemed a
part of the resulting contract:
BIDDER'S CERTIFICATION
Parkline Asphalt Maintenance. Tn~
(Bidder)
Certifies that:
1. It intends to use the following listed construction trades in the work under the
contract
Concrete Mason
;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:
Concrete Mason
; 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:
Concrete Mason
; 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 contractthe
subcontractor certification required by these Bid Conditions.
/Uy---;LYM o-e
. (Signature of Authorized Representative of Bidder)
Southold Hamlet Parking Lot
E - 1
,ACORDm CERTIFICAIOF LIABILITY INSU.NCE I ~~;;i7;;;:""')
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
City Underwriting Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
2001 Marcus Avenue HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Suite W180
Lake Success, NY 11042 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Aspen Specialty Ins. Co.
Park Line Asphalt Maintenance, Inc. INSURER B: U.S. Fire Insurance Co.
1877 Montauk Highway INSURER c: Special Trades Cont Trust
Brookhaven, NY 11719 INSURER 0:
INSURER E:
",utn...". 10.;)'....
1""",,,n.LI
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVe ~~I$J,~':'~~N LIMITS
LTR NSR
A ~NERAL LIABILITY GLOO014902 01/01/06 01/01/07 EACH OCCURRENCE 51 000 000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 550 000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) 5Excluded
2L BI/PO Oed:5,000 PERSONAl & ADV INJURY 51 000 000
- GENERAL AGGREGATE 52 000 000
~'~ AGG~E~ELlMIT APAS PER: PRODUCTS - COMP10P AGG 52 000 000
POLICY X ~f}8T LOC
B ~TOMOBILE LIABILITY 1337210559 01/01/06 01/01/07 COMBINED SINGLE LIMIT
2L ANY AUTO (Eaaccident) 51,000,000
- AlL OWNED AUTOS BODILY INJURY
(Per person) 5
X SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
'-'- 5
2L NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE 5
(Per accident)
~~GE LIABILITY AUTO ONLY. EA ACCIDENT 5
ANY AUTO OTHER THAN EA ACC 5
AUTO ONLY: AGG 5
A ~~SS1UMBRELLA LIABILITY UMBOOO02002 01/01/06 01/01/07 EACH OCCURRENCE 53 000 000
X OCCUR D CLAIMS MADE AGGREGATE 53 000 000
5
~ ,DEDUCT'SLE 5
X RETENTION 510000 5
C WORKERS COMPENSATION AND W521504 08/11/06 08/11/07 I ;;(g.J,'~~.1 IOJ~.
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 51 000 000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERlMEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE 51,000 000
If yes, describe under E.L. DISEASE - POLICY LIMIT 51 000 000
SPECIAL PROVISIONS below
OTHER
RECEIVtD
DESCRIPTION OF OPERATIONS J LOCATIONS 'VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS
Re: Restoration and Reconstruction of the South old Hamlet Parking Lot NOV 27 2006
Issued as Evidence of Insurance.
Soufhoid Tc.ViR Clerk
CERTIFICATE HOLDER
CANCELLATION
Southold Town Hall
PO Box 1179
53095 Main Street
Southold, NY 11971
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TO MAil ---30.- DAYS WRITTEN
NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AunlORIZED REPRESENTATIVE
ACORD 25 (2001/08) 1 of 2
#S1808321M179174
GXS
@ ACORD CORPORATION 1988
.
.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08) 2 of 2
#S180832/M179174
~
"
.
.
PROPOSAL FORM
Date: 1/J.1);h
NAME of
BIDDER:
Xr73 Jt'f.l/)
ILl C'f'~A
h/'dt'#,
, .
~"Uc,
iJJ'!--
.#9 //7tf/
.
Telephone: 7d7 ~ )--wo
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:
October 17, 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 furnish all materials not provided by the Town (See Specifications) and
to perform all the work required to construct, perform and complete the work at:
South old Hamlet Parking Lot - State Route 25, Southold, New York 11971
and all other work in connection therewith, in accordance with the contract documents and addenda,
if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town
Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations
contained therein and will furnish the required Performance Bond; and that he will start the work as
directed by the Town, he will accept, in full payment thereof as listed below:
GENERAL CONSTRUCTION
THE RESTORATION OF THE SOUTHOLD HAMLET PARKING LOT LOCATED ON THE SOUTH
SIDE OF STATE ROUTE 25. THIS PROJECT SHALL INCLUDE: THE DEMOLITION OF; EXISTING
CONCRETE SIDEWALKS, ASPHALT SURFACES, UTILITY POLE & GUARD RAILS, AND SHALL
INCLUDE; THE NECESSARY GRADING AND INSTALLATION OF ELECTRICAL CONDUIT, NEW
CONCRETE CURBING & SIDEWALKS, NEW ASPHALT PAVEMENT AND SHALL CONSTRUCT A
COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE
REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF:
~~"-a~~Jf~
~f K~ --I&/l ~L ()
Southold Hamlet Parking Lot
~i 46cf' QfJ-
(written In numbers)
D-1
.
.
PROPOSAL FORM (Cont.)
And he further agrees that if this proposal shall be accepted by the Town and that ifhe shall refuse,
fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the
Town, that he shall be considered to have abandoned the contract.
We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a
period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement
may extend this time period. The undersigned hereby acknowledges receipt (if any) ofthe following
addenda:
Addendum Number:
(IF ANY)
u)
Dated:
Signature
of Bidder:
~~~~
Bidders
~ ~ Address:
;<Si3 -/.-</0_ ~ (.
/~C~ I)~, /~..0
,
Telephone
Number:
Date:
7d 7.... S-bCO
II/J 7/0(;
South old Hamlet Parking Lot
D-2
.
.
$J"ATEME;NT OF NON~OI,.LUSION
(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 thereoffor 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 bysuch bidder as true
under the penalties of perjury; non-collusive bidding certification.
A. Bysubmlsslon 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 b99n arrived at Independently without collusion, consultation,
communication, or agreement, for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or any competitor.
Unless otherwise required by law, the prices which have been quoted In this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to
opening, directly or Indirectly, to any other bidder or to any competitor.
No attempt has been made or will be made by the bidder to Induce any other person,
partnership, or corporation to submit or not to submit a bid for the purpose of restricting
competition.
The person signing this bid or proposal certifies that he has fully Informed himself regarding the
accuracy of the statements contained In this certification, and under the. statements contained in this
certification, and under the penalties of perjury, affirms tho truth thereof, such penalties being
applicable to the bidder, as well as the person signing In Its behalf.
That attached hereto (if a corporate bidder) Is a certified copy of resolution authorizing the execution of
this certificate by tho signature of this bid or proposal on behalf of the corporate bidder.
() /J, RESOLUTION
Resolved that ~'c.- 'McJd of the rl:trS JA./4 ;::r,,; c..
(Name of signatory) (Name of Corporation)
authorized to sign and submit the bid or proposal of this corporation for the following Project:
(2)
(3)
B.
c.
be
The Restoration of the South old Hamlet Parking Lot located on
the South Side of State Route 25, South old, New York 11971
and to include in such bid or proposal the certificate as to non-collusion required by section one-
hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for
any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the
penalties of perjury.
The foregoing is true and correct
copy of the resolution adopted by
corporation at a meeting of the
Board of Directors, held on the
rJ1
dayof ~
,20~
(SEAL OF THE CORPORATION)
Laws of New York, 1965
Ch. 751, 5ec.103-<1, as amended &
effective on September 1, 1965.
~~-
Signature
Southold Hamlet Parking Lot
C .1
.
.
NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION
(TO BE COMPLETED BY EACH BIDDER)
Bidder's Certifications:
A bidder will not be eligible for award of a contract under this Invitation for Bids unless such
bidder has submitted as a part of its bid the following certification, which will be deemed a
part of the resulting contract:
BIDDER'S CERTIFICATION
;{ :;(fJ
.:7~{)
.7.-<JC
(Bidder)
Certifies that:
1. It intends to use the following listed construction trades in the work under the
contract
Ai!dulev!. t/;7eft~/! r
;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:
Lrf1bps., o/U~-L-.5
; 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:
/J1-6Mf'A S
; 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 contractthe
subcontractor certification required by these id Conditions.
~
(Signature of Authorized Representative of Bidder)
Southold Hamlet Parking Lot
E - 1
/
.
.
Colonial Surety Company
Administrative Office
50 Chestnut Ridge Road
Montvale, NJ 07645
201-57~788
BID BOND
Approved by The American Institute of Architects
A.IA Document No. A--310(Feb.1970 Edition)
KNOW ALL PERSONS BY THESE PRESENTS, that we,
KJB INDUSTRIES INC., Rlverhead, NY
as Principal, hereinafter celled the Principal, and COLONIAL SURETY COMPANY, a corporation
duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter
called the Surety, are held and firmly bound unto
TOWN OF SOUTHOLD, SOUTHOLD, NY
as Obligee, hereinafter called the Obligee, in the sum of
5% of amt bid not to exceed S3,700.00
for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
RESTORATION AND RECONSTRUCTION OF THE SOUTHOLD HAMLET PARKING LOT
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall
enter into a Contract with the Obligee in accordance with the terms of such bid, and give such
bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient
surety for the faithful performance of such Contract and for the prompt payment of labor and
material furnished in the prosecution th r in the event of the failure of the Principal to enter
such Contract and give bond or b s, . the Principal shall pay to the Obligee the difference
not to exceed the p Ity ereof be n amount specified in said bid and such larger
amount for which e 0 gee may in ith contract with another party to perform the Work
covered by said id, t this oblig on I null and void, otherwise to remain in full force
and effect
Signed and
WItness:
KJB INDUSTRIES INC.
~~~L
It- d 7-e:-? g-
(1Itle)
COLONALSURETY COMPANY
/!;:;!;:ail~~in-Fact)
jOLONIAL SURETY COMPAi
Duncannon, Pennsytvania
Admlnlst' e Office: 50 Chestnut Ridge Road, Montvale, New Je ey 07645
'-
GENERAL POWER OF ATTORNEY
Know all Man by These Presents, That COLONIAL SURETY COMPANY, a corporation duly organized and existing under the laws
of the Commonwealth of Pennsylvania and having an admlnlstratlve office In Montvale, Bergen County, NJ does by these presents
make, constitute and appoint
Anthony J. Clmasko
of Montvale and the State of N_ Jersey its true and lawful Attorney(s)-In-Fact, with full po_r and authority hereby conferred in
its nama, place and steed, to execute, acknowledge and deliver.
Any and All Bonds
and to blnd the Company thereby as fully and to the sama extent as if such bonds _re signed by the President, sealed with the cor-
porate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-In-Fact
may do In the premises. Ssld appolntmant is made under and by authority of the following resolution adopted by the Board of Dlreclor8
of the Colonial Surety Company at a meeting held on the 25th day of July, 1950.
"Be If RescIved, that the PreeIdant, any Vice-President, any Secretary or any AssIstant Sacretary shall be and is hereby vested with
full _ and authority to appoint any one or more suitable pareons as Attorney(s)-In-Fact to represent and act for and on behalf of
the Company subject to the following provisions:
"Sact1on I. Aftomey-In-Fact Attorney-In-Fact may be given full power and authority for and In the name of and on behalf of the
Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreemanta of Indemnity and other
conditional or obligatory undertaldngs and any and all notices and documants canceling or terminating the Company'll lIablllty
thereunder, and any such Instrumanta so executed by any such Attorney-In-Fact shell be binding upon the Company as If signed by
the President and sealed and attested by the Corporate Sacretary..
"In Wlfness Whereof, Colonial Surety Company has caused these presents to be signed by its
and its corporate seal to be hereto aflixed the 8th day of SeDtember
President
. A.D., 2006.
State of New Jersey
}ss.:
COLONIAL SURETY COMPANY
By
L:L?,,4.7!'
Wayne Nunziata, President
County of Bergen
On this
8th
day of
SeDtember
. In the year 2006, before me
. a notary public, personally appeared
. personally known to me to be the person who
. on behalf of the corporation therein named and
executed the within Instrument as
Theresa Simmons
Wayne Nunziata
President
acknowledged to me that the corporation executed it.
..?s.'. Si"'..,~
J.,.;. Notary (/)
Public
~Je~
I, the undersigned Secretary of Colonial Surety Company, hereby certify that the above and foregoing is a full, true and correct
copy of the Origlna' Power of Attorney Issued by saki Company, and do hereby further certify that the said Power of Attorney Is still
In force and effect.
And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the
authority of the following resolution adopted by the Board of Directors of the Colonial Surety Company at a meeting duly called
and held on the 30th of January 1968, and that said resolution has not been amended or repealed:
RESOLVED, that the signature of the Secretary or any Assistant Sacretary of this Corporation, and the seal of Corporation, may
be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile sig-
nature and seal shall be valid and binding upon this Corporation..
THERESA SIMMONS
A Notary Public of New Jersey
My Commission Expires SElpterrDer 2, 2010
c---id~A"" i~
Theresa Simmons /
Notary Public
GiVEN under my hand and the seal of said Company, at Montvale, New Jersey this
November . 20 08
30th
day of
For verification of the authenticity 01 this Power of Attorney you may call (201) 573-8788 and ask
for the Power of Attorney clerk. Please refer to the above named Individual(s) and details of the
bond 10 which the power is attached.
Jlt(:::,,_~_
Fonn 5-100-101 (Rev 9/06) Web
.
.
.
COLONIAL SURETY COMPANY
Duncannon, Pennsylvania
- Inc 1930-
FINANCIAL STATEMENT -DECEMBER 31, 2005
ASSETS
LIABILITIES & SURPLUS
"Stocks and Bonds. . . . . . . . . . . . . . . . . . . . $
Cash in Office & Banks. . . . . . . . . . . . . . . . . .
Accrued Interest & Dividends. . . . . . . . . . . . . .
Premiums & Agents Balances Receivable ... .
Other Assets. . . . . . . . . . . . . . . . . . . . . . . . . .
12,255,229
1,082,697
147,974
1,308,990
1,306,921
Reserve for Unearned Premiums. . . . . . . . . . . . . . .$3,684,180
Claim Reserves. . .. . .. . . . .. . . .. ... . . . ... . . 4,718,200
Other Liabilities ........................... 878,698
Collateral Held . . . . . . . . . . . . . . . . . . . . . . . . . . .. 812,796
Capital Stock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,500,000
Surplus ................................. 4,707,937
Total Liabilities & Surplus.............. .16,101,811
Total Admitted Assets. . . . . . . . . . . . . . .
16,101,811
.Bonds and stocks ate valued on basis approved by National Association of Insurance Commissioners.
STATE OF NEW JERSEY
COUNTY OF BERGEN
SS.:
I, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the
Financial Statement of said Company, as of December 31,2005.
IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 15th day of February, 2006.
u2-A~
Wayne Nunzjata President
~P{j~
10 . Saunders Notary PublIC
Julia E. Saunders
A Notary Public of New Jersey
My Commission Expires August 5, 2010
.
.
#8097
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Candice Schott 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 week(s),
successively, commencing on the 9th day of November. 2006.
a~v&v YJdI-
. Principal Clerk .
Sworn to before me this
2006
eIi day o/fp { v
~fuVdA/1L/
CHRISTINA VOLINSKI
f<<)TARY PUBLIC.STATE OF NEW YORK
No.Ol.V06105050
Qualified In Suffolk County
CommlU10A 1~1'1I~1 ~~ijtuljf. lIa, lOOt
EGAL NOTICE
NOTICE TO BIDDERS
PROJECf: The Restoration of the
Sou.hold H...1et PBli-. I..of located
on the South Side of State Route 25.
This Project shall include the Demoli-
tion of; Existing Concrete Sidewalks,
Asphalt Surfaces, Utility Pole & Guard
Rails, and shall include; the installation
of Electrical Conduit. New Concrete
Curbing & Sidewalks, and New Asphalt
Pavement.
The Town Board of the Town of
Southold wiU receive bids for furnishing
~rials, labor and equipment as
specified in the bid documents for the
restoration of the Southold Parking Lot
all in accordance with the Drawings &
Specifications contained herein.
Bids will be received at the office
of the Southold Town Clerk, Southold
Town Hall, PO Box 1179,53095 Main
Road, Southold, New York 11971, until
10:00 a.m. 30th November 2006
Day Month Year
All specifications are provided here-
in: drawings 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 perfor-
mance of the project. Should the Town
of Southold decide to award a contract,
it shall be awarded to the lowest respon-
sible bidder.
A fee of twenty-five dollars ($ 25JXl),
cash or check, made payable to the Town
of Southold will be required for one (1)
copy of the Contract Documents. There
are no refunds.
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 with-
draw his bid during this period.
Please advise if you intend to bid or
not.
Dated: October 10,2006
BY ORDER OFTIfE SOUTHOLD
TOWN BOARD
By: Elizabeth A. Neville
Southold Town Clerk
_ 8097-1T 11/9
.
LEGAL NOTICE
NOTICE TO BIDDERS
.
PROJECT: The Restoration of the Southold Hamlet Parkin!! Lot located on the South
Side of State Route 25. This Project shall include the Demolition of;
Existing Concrete Sidewalks, Asphalt Surfaces, Utility Pole & Guard Rails,
and shall include; the installation of Electrical Conduit, New Concrete
Curbing & Sidewalks, and New Asphalt Pavement.
The Town Board of the Town of Southold will receive bids for furnishing all materials,
labor and equipment as specified in the bid documents for the restoration of the Southold
Parking Lot all in accordance with the Drawings & Specifications contained herein.
Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, PO
Box I 179, 53095 Main Road, Southold, New York I 1971, until
10:00 AM, 30th , November
Day Month
2006
Year
All specifications are provided herein: drawings 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.
A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of South old
will be required for one (I) copy of the Contract Documents. There are no refunds.
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: October 10. 2006
BY ORDER OF THE SOUTHOLD TOWN BOARD
By: Elizabeth A. Neville
Southold Town Clerk
PLEASE PUBLISH ON November 9, 2006 AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL,
PO BOX 1179, SOUTHOLD, NY 11971.
Suffolk Times Comptroller
Town Attorney Engineer
Town Clerk's Bulletin Board
Town Board members
DPW
.
.
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the X- day of ~ fweMJLIA. , 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.
Southold Parking Lot bid - 2006
~/mfQ. ~~,
Elizabeth A. N ville
Southold Town Clerk
Sworn before me this
dayof~nvf',~be.l ,2006.
LYNDA M. BOHN
NOTARY PUBLIC, State of New YarII
No. 01 B06020932
Qualified In Suffolk Cou~
Tarm Expires March 8, 200-1
~
Invitation to Bid
HllllraIIll
I
HICIIIIrICIIII
Of the
Southold Hamlet
Parking lot
N Y State Route 25
Southold_ New York 11971
Date: October 17, 2006
~",fFOL.t tl
s~II.............~
10... lit
~ . :Jj
~. ~
f.tll.i .. .,.q
SOUTH OLD TOWN
ENGINEERING DEPARTMENT
SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD
.
.
.
PROJECT DESCRIPTION
This Project includes The Restoration of the South old Hamlet Parking Lot. This
Project shall include the Demolition of; Existing Concrete Sidewalks, Asphalt
Surfaces, Utility Pole & Guard Rails, and shall include; the installation of Electrical
Conduit, New Concrete Curbing & Sidewalks, and New Asphalt Pavement.
The Project location is located on the south side of State Rte. 25 in the Hamlet of Southold.
This Project is for the demolition of existing concrete sidewalks and pavement surfaces in
preparation for the installation of New Concrete Curbing & Sidewalk, and the resurfacing of
the parking lot with a two (2") inch Asphalt Overlay. Where required, the Contractor shall
install 2" diameter electrical conduit for the installation of Street Lights by Others.
Contractor shall provide all hay bales and silt fencing to meet the minimum requirements of
the New York State "NPDES" Program.
The contractor shall accept all actual existing local, on-site conditions which may differ or
vary from the information contained within the contract documents, without additional
compensation.
The Contractorand his/her employees shall be granted access to the Project Site during
the normal working hours. All Site access shall be coordinated with the Town Department
of Public Works prior to commencement of the work. [765-1283]
All work shall be completed in a timely manner and excavations shall not be left open
and/or unprotected for an extended period of time.
The Town of South old 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 DEPARTMENT OF PUBLIC WORKS:
Attention: James McMahon (631) 765 -1283
South old Town Hall
P. O. Box 1179, 53095 Main Road
Southold, New York 11971
James.mcmahon@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.
'.
.
.
INDEX TO SPECIFICATIONS
Title Sheet
Project Description
Index to Specifications
BIDDING REQUIREMENTS
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
Prevailing Wage Rates & Payroll Certification forms
Non-Discrimination Clause
Compliance with the Labor Law &
Other Depl. of Labor Regulations
AlA Document # A201
F - 1 through F - 2
G - 1 through G - 1
I - 1 through I - 3
J - 1 through J - 2
K - 1 through K -8
GENERAL SPECIFICATION REQUIREMENTS
Project Specifications
Page 1 through Page 5
INDEX TO DRAWINGS
EX-1
EXISTING CONDITIONS
& DEMOLITION PLAN
A-1
Parking Lot Improvements
& Restoration Plan
(
.
.
INVITATION TO BID
PROJECT: The Restoration of the South old Hamlet Parking Lot located on the
South Side of State Route 25. This Project shall include the
Demolition of; Existing Concrete Sidewalks, Asphalt Surfaces, Utility
Pole & Guard Rails, and shall include; the installation of Electrical
Conduit, New Concrete Curbing & Sidewalks, and New Asphalt
Pavement.
The Town Board of the Town of Southold will receive bids for furnishing all materials,
labor and equipment as specified in the bid documents for the restoration of the South old
Parking Lot all in accordance with the Drawings & Specifications contained herein.
Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095
Main Road, Southold, New York 11971, until
10:00 AM, 30th November 2006
Day
Month
Year
All specifications are provided herein: drawings 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.
A fee of twenty-five dollars ($ 25.00), cash or check, made payable to the Town of Southold will
be required for one (1) copy of the Contract Documents. There are no refunds.
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: October 10.2006
BY ORDER OF THE SOUTHOLD TOWN BOARD
By: Elizabeth A. Neville
South old Town Clerk
South old Hamlet Parking Lot
A -1
.
.
INSTRUCTIONS TO BIDDERS
A. PROPOSALS
Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall
write in ink, both in words & numerals, the price for which he proposed: to fumish all labor, 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
Arch itect.
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. Performance bonds in the amount of 100% of the contract price shall be
required of the successful bidder.
B. PROPOSAL GUARANTY
A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a
bid bond or certified check in the amountof5% ofthe total bid, for each item bid, and made payable
to the Town of Southold. Please Note: Performance Bonds or other Securities deemed acceptable
by the Town Attomey's Office in the amount of 100% of the contract price shall be required of the
successful bidder.
As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or
the certified checks accompanying such proposals as, in his judgment, would not likely be involved
in making the award. All other proposal quantities will be held until the contract and contract bond
have been executed after which they will be released or returned to the respective bidders whose
proposals they accompanied.
C. OMISSIONS AND DISCREPANCIES
Bidders should carefully examine the 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.
D. 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.
Southald Hamlet Parking Lot
B-1
.
.
E. AWARD OF CONTRACT
Award of contract will be made as soon as practical. A contract may be awarded to a responsible
bidder other than the lowest 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.
F. 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 retumed to him unread.
G. REJECTION OF PROPOSALS
The Town reserves the right to waive any technical error and to reject any and/or all proposals.
Without limiting the generality of the foregoing, any proposal which 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 having interlineations, erasure or corrections may be
rejected.
H. TIME FOR EXECUTION OF CONTRACT
Any bidder whose proposal shall be accepted will be required to appear before the Town in person;
or if a firm or corporation, a duly authorized representative shall so appear, and execute Two (2)
copies of the Contract within ten (10) days after notice that the Contract has been awarded to him.
Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of
the Proposal.
J. TIME LIMIT TO COMMENCE AND COMPLETE WORK
The contractor shall commence work within ten (10) calendar days after the date stipulated in the
notice to proceed which was given to him by the Town of South old 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.
Southold Hamlet Parking Lot
B-2
.
.
STATEMENT OF NON.COLLUSION
(To be completed by each Bidder)
In accordance with Section 103-<1 General Municipal Law, effective September 1,1966, every bid or proposal
hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a
fore district or any agency or official thereofforwork or services performed orto be performed or goods sold or
to be sold, shall contain the following statement subscribed to by the bidder and affirmed bysuch bidder as true
under the penalties of perjury; non-colluslve bidding certification.
A. Bysubmission ofthis 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 signatory) (Name of Corporation)
authorized to sign and submit the bid or proposal of this corporation for the following Project:
The Restoration of the South old Hamlet Parking Lot located on
the South Side of State Route 25, Southold, New York 11971
and to include in such bid or proposal the certificate as to non-collusion required by section one-
hundred-three-<l (103-d) of the General Municipal Law as the act and deed of such corporation, and for
any Inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the
penalties of perj ury.
The foregoing Is true and correct
copy of the resolution adopted by
corporation at a meeting of the
Board of Directors, held on the
day of
,20 .
(SEAL OF THE CORPORATION)
Laws of New York, 1965
Ch. 751, Sec.103-d, as amended &
effective on September 1, 1965.
Signature
Southold Hamlet Parking Lot
C .1
.
.
PROPOSAL FORM
Date:
NAME of
BIDDER:
Telephone:
TO: SOUTHOLD TOWN BOARD
TOWN HALL - 53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971
MEMBERS OF THE BOARD:
The undersigned as bidder, declares that the only persons, company, or parties interested in this
proposal as principals are named below; that this proposal is made without any connection, directly
or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion
or 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:
October 17, 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 furnish all materials not provided by the Town (See Specifications) and
to perform all the work required to construct, perform and complete the work at:
South old Hamlet Parking Lot. State Route 25, Southold, New York 11971
and all other work in connection therewith, in accordance with the contract documents and addenda,
if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town
Hall, 53095 Main Road, Southold, New York, 11971, and shall comply with all the stipulations
contained therein and will furnish the required Performance Bond; and that he will start the work as
directed by the Town, he will accept, in full payment thereof as listed below:
GENERAL CONSTRUCTION
THE RESTORATION OF THE SOUTHOLD HAMLET PARKING LOT LOCATED ON THE SOUTH
SIDE OF STATE ROUTE 25. THIS PROJECT SHALL INCLUDE: THE DEMOLITION OF; EXISTING
CONCRETE SIDEWALKS, ASPHALT SURFACES, UTILITY POLE & GUARD RAILS, AND SHALL
INCLUDE; THE NECESSARY GRADING AND INSTALLATION OF ELECTRICAL CONDUIT, NEW
CONCRETE CURBING & SIDEWALKS, NEW ASPHALT PAVEMENT AND SHALL CONSTRUCT A
COMPLETE PROJECT IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE
REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF:
(written In words)
(written In numbers)
Southold Hamlet Parking Lot
D-1
.
.
.
PROPOSAL FORM (Cont.)
And he further agrees that if this proposal shall be accepted by the Town and that ifhe shall refuse,
fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the
Town, that he shall be considered to have abandoned the contract.
We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a
period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement
may extend this time period. The undersigned hereby acknowledges receipt (if any) of the following
addenda:
Addendum Number:
(IF ANY)
Dated:
Signature
of Bidder:
Bidders
Address:
Telephone
Number:
Date:
Southold Hamlet Parking Lot
0-2
.
.
NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION
(TO BE COMPLETED BY EACH BIDDER)
Bidder's Certifications:
A bidderwill 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)
South old Hamlet Parking Lot
E - 1
THE
AMERICA.
INSTITUTE
'F
ARCHITECTS
I
AlA Document A201
General Conditions of the Contract
for Construction
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION
WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION
1987 EDITION
TABLE OF ARTICLES
1. GENERAL PROVISIONS
8. TIME
2. OWNER
9. PAYMENTS AND COMPLETION
3. CONTRACTOR
10. PROTECTION OF PERSONS AND PROPERTY
4. ADMINISTRATION OF THE CONTRACT
11. INSURANCE AND BONDS
5. SUBCONTRACTORS
12. UNCOVERING AND CORRECTION OF WORK
6. CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS
13. MISCELLANEOUS PROVISIONS
7. CHANGES IN THE WORK
14. TERMINATION OR SUSPENSION OF THE
CONTRACT
This document has been approved and endorsed by the Associated General Contractors of America.
Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1%1, 1%3, 1966, 1967, 1970, 1976, @1987byTheAmerican Institute of Architects, 1735
New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation oflts provisions without wriHen
permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecutions.
r:m CAUTION: You should use an original AlA document which has this caution printed In red.
~ An original assures that changes will not be obscured as may occur when documents are reproduced.
AlA DOCUMENTA201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D,C. 20006
A201-1987 1
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
.
Accepl8nce 01 Nonconlormlng Work ........ .'9.6.6,9.9.3,12.3
Acceptance of Work 9.6.6,9.8.2,9.9.3,9.10.1,9.10,3
AccesstoWork. ................. 3.16,6.2.1,12.1
Accident Prevention. 4.2.3,10
Acts and Omissions 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2,
0.9,8.3.1,10.1.4,10.2.5,13.4.2,13.7,14.1
Addenda. 1.1.1,3.11
Additional Cost, Claims for. 4.3.6,4.3.7,4.3.9,6.1.1,10.3
Additional Inspections and Testing. . . . 4.2.6,9.8.2,12.2.1,13.5
Additional Time, Claims for .. . 4.3.6,4.3.8,4.3.9,8.3.2
ADMINISTRATION OF THE CONTRACT 3.3.3,4,9.4,9.5
Advertisement or Invitation to Bid. . . . . . .. 1.1.1
Aesthetic Effect. . 4.2.13,4.5.1
Allowances 3.8
All-risk Insurance. ........ ...... 11.3.1.1
AppllcstlonslorPayment 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
2.4,3.3.3,3.5,3.10.2, 3.12.4lhrough 3.12.8, 3.18.3,
4.2.7,9.3.2, 11.3.1.4, 13.4.2, 13.5
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
Archllect 4.1
Architect, Definition of. 4.1.1
Architect, Extent of Authority. . 2.4,3.12.6,4.2-,4.3.2,4.3.6,
4.4,5.2,6.3,7.1.2,7.2.1,7.3.6,7.4,9.2,9.3.1,
9.4,9.5,9.6.3,9.8.2,9.8.3,9.10.1,9.10.3,12.1,12.2.1,
13.5.1,13.5.2,14.2.2,14.2.4
Architect, Limitations of Authority and Responsibility. 3.3.3,3.12.8,
3.12.11,4.1.2,4.2.1,4.2.2,4.2.3,4.2.6,4.2.7, 4.2.10, 4.2.12,
4.2.13,0.2,5.2.1,7.4,9.4.2,9.6.4,9.6.6
Architect's Addhional Services and Expenses. 2.4,9.8.2,
1\.3.1.1,12.2.1,12.2.4,13.5.2,13.5.3,14.2.4
Architect's Administration of the Contract. 4.2,4.3.6,
4.3.7, 4.4, 9.4, 9.5
Architec('sApprovals 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7
Architect's Authority to Reject Work . 3.5.1,4.2.6,12.1.2,12.2.1
Architect's Copyright 1.3
Architect's Decisions. 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,
4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,
9.2,9.4,9.5.1,9.8.2,9.9.1,10.1.2,13.5.2,14.2.2,14.2.4
Architect's Inspections. 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2,
9.9.2.9.10.1,13.5
4.2.6,4.2.7,4.2.8,4.3.7.7.4.1, 12.1, 13.5.2
4.2.11,4.2.12,4.3.7
42.2,4.2.5,0.6,9.4.2,
9.5.1,9.10.1,13.5
Architect's Project Representative 4.2.10
Architect's Relationship with Contractor. 1.1.2,3.2.1,3.2.2,
3.3.3,3.5.1,3.7.3,3.11,3.12.8,3.12.11,3.16.3.18, 4.2.3, 4.2.4,
4.2.6,4.2.12,5.2,6.2.2,7.3.4,9.8.2, 11.3.7, 12.1, 13.5
Architect's Relationship with Subcontractors. 1.1.2,4.2.3,4.2.4,
4.2.6,9.6.3,9.6.4, 11.3.7
9.4.2,9.5.1,9.10.1
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
10.1
3.18.1,9.10.2,1O.\.4
6.1.1
Approvals .
Arbitration .
Architect's Instructions.
Architect's Interpretations.
Architect's On-Site Observations
Architect's Representations.
Architect's Site Visits.
Asbestos
Attorneys' Fees.
A ward of Separate Contracts.
Award of Subcontracts and Other Contracts for
Portions ollhe Work .
Basic Dallnnlons .
Bidding Requirements.
Boller and Machinery Insurance .
Bonds, Lien
Bonds, Performance and Payment.
5.2
1.1
1.1.1,1.1.7,5.21,11.4.1
11.3.2
9.10.2
7.3.6.4,9.10.3,11.3.9,11.4
.
INDEX
Building Permit 3.7.1
Capll8llzatlon. .. .. .. .. .. ... 1.4
Certificate of Substantial Completion . . . . . . . . . 9.8.2
Certlllcstes lor Paymenl. 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,
9.6.6,9.7.1,9.8.3,9.10.1,9.10.3,13.7,14.1.1.3,14.2.4
Certificates ofInspection, Testing or Approval. 3.12.11, 13.5.4
CertificatesofInsurance .. 9.3.2,9.10.2,11.1.3
Change Orelera. . . 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3.3,5.2.3,
7.1,7.2,7.3.2,8.3.1,9.3.1.1,9.10.3,11.3.1.2,
11.3.4,11.3.9,12.1.2
Change Orders, Definition of . . . . . . . . . . . 7.2.1
Changea.. .. .. .. .. ... ... 7.1
CHANGES IN THE WORK 3.11,4.2.8,7,8.3.1,9.3.1.1, 10.\.3
Claim, Dellnltlon of. .. .. .. .. .. .. .. . 4.3.1
Clalma and Disputes. . . . . . .. 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
Claim. and Timely Assertion 01 Claims ... . . . . . . .. 4.5.8
Claims lor Additional Cost. 4.3.6,4.3.7,4.3.9,6.1.1,10.3
Claims lor Additional Time. . . 4.3.6,4.3.6,4.3.9,8.3.2
Clalmalor Concealed or Unknown Condltlona . . . . . . .. 4.3.6
Claims for Damages.. .3.18, 4.3.9, 6.1.1, 6.2.5.8.3.2,9.5.1.2,10.1.4
Claims Subject to Arbitration. . . . . . . . . . . . .. 4.3.2,4.4.4,4.5.1
Cleaning Up .......... 3.15,6.3
CommencsmentoISl8tutoryLlmll8tlonPeriod .... 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,
6.2.2,8.1.2,8.2.2,9.2,11.1.3,11.3.6,11.4.1
Commencement of the Work, Definition of . 8.1.2
Communications Facilitating Contract
Administration 3.9.1,4.2.4,5.2.1
Completion, Conditions Relating to . 3.11,3.15,4.2.2,4.2.9,
4.3.2,9.4.2,9.8,9.9.1,9.10. 11.3.5, 12.2.2, 13.7.1
COMPLETION, PAYMENTS AND . .... 9
Completion, Substantial. ... 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3,
9.8,9.9.1,12.2.2,13.7
Compliance with Laws. 1.3,3.6,3.7,3.13,4.1.1,10.2.2,11.1,
11.3,13.1,13.5.1,13.5.2,13.6,14.1.1,14.2.1.3
Concealed or Unknown Conditions. . . . . . . . . . . . . . . 4.3.6
Conditions of the Contract .. 1.1.1,1.1.7,6.1.1
Consent, Written .. 1.3.1,3.12.8,3.14.2,4.1.2,
4.3.4,4.5.5,9.3.2.9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,10.1.3,
11.3.1.11.3.1.4,11.3.11,13.2,13.4.2
CONSTRUCTION BY OWNER OR BY SEPARATE
CONTRACTORS. 1.1.4,6
Construction Change Directive, Definition of. 7.3.1
Construction Change Directives. 1.1.1,4.2.8,7.1,7.3,9.3.1.1
Construction Schedules, Contractor's . 3.10,6.1.3
Contingent Assignment of Subcontracts 5.4
Continuing Contract Performance 4.3.4
Contract, Defmition of . . . . 1.1.2
CONTRACT, TERMINATION OR
SUSPENSION OF THE 0.7,5.4.1.1,14
Contract Administration 3.3.3,4,9.4,9.5
Contract Award and Execution, Conditions Relating to . 3.7.1,
3.10,5.2,9.2,11.1.3,11.3.6,11.4.1
Contract Documents, The 1.1, 1.2,7
Contract Documents, Copies Furnished and Use of. 1.3,2.2.5,5.3
Contract Documents, Definition of 1.1.1
Contract Performance During Arbitration . 4.3.4,4.5.3
Contract Sum . 3.8,4.3.6,0.7,4.4.4,5.2.3,
6.1.3,7.2,7.3,9.1,9.7,11.3.1,12.2.4,12.3,14.2.4
Contract Sum, Definition of. 9.1
Contract Time 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3,
8.2.1,8.3.1,9.7,12.1.1
Contract Time, Definition of . . . . . . . . . . 8.1.1
2 A201-19B7
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AIA~ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying vJolates U.S. copyright laws and ls subject to legal prosecution.
.
CONTRACTOR... .............................3
Contractor, Definition of 3.1,6.1.2
Contraclor'sBid. . . . . . . .. 1.1.1
Contractor's Construction Schedules . . . . . . . . .. 3.10, 6.1,3
Comractor'sEmployees ....... 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
Contractor's L1sblllty Insurance . ........ 11.1
Contractor's Relationship with Separate Contractors
and Owner's Forces. . . 2.2.6,3.12.5,3.14.2, 4.2A,6, 12.2.5
Comcactoc's Relationship with Subcontractors ,..... .1.2.4,3.3.2,
3.18.1,3.18.2,5.2,5.3,5.4,9.6.2,11.3.7, [1.3.8, 14.2.1.2
Contcactor'sRelationshipwiththeArchitect .... 1.1.2,3.2.1,3.2.2,
3.3.3,3.5.[,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, [2.1, [3.5
Contractor's Representations. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3
Contractor's Responsibilhy for Those
Performing the Work 3.3.2,3.18,4.2,3,10
Contractor's Review of Contract Documents. 1.2.2,3.2,3.7.3
Contractor's Right to Stop the Work 9.7
Contractor's Right to Terminate the Contract 14.1
Contractor'sSubmiuals 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.[,9.10.2,
9.10.3,10.1.2,11.4.2,11.4.3
Contractor'sSuperintendent .. . . . . .. 3.9,10.2.6
Contractor's Supervision and Construction Procedures. 1.2.4,
3.3, 3.4,4.2.3, 8.2.2, 8.2.3, 10
Contractual Liability Insurance. . . . . . . . . 11.1.1.7, 11.2.1
Coordination and Correlation 1.2.2,1.2.4,3.3.1,
3.10,3.[2.7,6.1.3,6.2.1
Copies Furnished of Drawings and Specifications. 1.3,2.2.5,3.11
Correction of Work . 2.3,2.4,4.2.1,9.8.2,
9.9.1,12.1.2, [2.2, 13.7.1.3
Cost, Definition of 7.3.6,14.3.5
Costs 2.4,3.2.1,3.7.4,3.8.2,3.15.2,4.3.6,4.3.7,4.3.8.1,5.2.3,
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, [1.3.9, 12.1, 12.2.1, 12.2.4, 12.2.5, 13.5, 14
Cunlng end PItching. . . . . . . . . . . . . 3,14,6.2.6
Damage to Construction of Owner or Separate Contractors 3.14.2,
6.2.4,9.5.1.5,10.2.1.2,10.2.5,10.3,11.1,11.3,12.2.5
Damage to the Work . 3.14.2,9.9.1,10.2.1.2,10.2.5,10.3,11.3
Damages, Claims for .. 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, 10.1.4
Damages for Delay. 6.1.1,8.3.3,9.5.1.6,9.7
Date of Commencement of the Work, Definition of. 8.1.2
Date of Substantial Completion, Definition of. 8.1.3
Day,Definitionof...................... 8.1.4
Decisions of the Architect. 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,
4.3.2,4.3.6,4.4.[,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3, 8.3.[, 9.2,
9.4,9.5.1,9.8.2,99.1, 10.1.2, 13.5.2, [4.2.2, 14.2.4
Decisions to Withhold Certlflcetlon 9.5,9.7, [4.1.1.3
Defective or Nonconforming Work, Acceptance,
Rejection and Correction of . 2.3,2.4,3.5.1,4.2.1,
4.2.6,4.3.5,9.5.2,9.8.2,9.9.1,10.2.5,12,13.7.1.3
Defective Work, Definition of . 3.5.1
Definitions. . .. .. 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1,
4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1
Delaysond Ex1enslonsoITlme. 4.3.1,4.3.8.1,4.3.8.2,
6.1.1,6.2.3,7.2.[,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 4.1.4,4.3,4.4,4.5,6.2.5,6.3,73.8,9.3.1.2
Documents and Samples at the Site. 3.11
Drawings, Definition of ............. 1,1.5
Drawings and Specifications, Use and Ownership of. 1.1. I ,.1.3,
2.2.5,3.11,5.3
Duty to Review Contract Documents and Field Conditions. 3.2
Effective Date of Insurance . 8.2.2,11.1.2
.
Emergencies. . . . . . . . . . 4.3.7,10.3
Employees, Contractor's 3.3.2,3.4.2,3.8.1,3.9,3.18.1,
3.18.2,4.2.3,4.2.6,8.1.2,10.2,10.3,11.1.1,14.2.1.1
Equipment, Labor, Materials and. 1.1.3,1.1.6,3.4,3.5.1,
3.8.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,
6.2.1,7.3.6,9.3.2,9.3.3,11.3,12.2.4,14
Execution and Progress of the Work . 1.1.3,1.2.3,3.2,3.4.1,
3.5.1,4.2.2,4.2.3,4.3.4,4.3.8,6.2.2,7.1.3,
7.3.9,8.2,8.3,9.5,9.9.1,10.2,14.2,14.3
Execution, Correlation and Intent of the
Contract Documents .......... 1.2,3.7.1
Extensions of Time ....... 4.3.1,4.3.8,7.2.1.3,8.3,10.3.1
Failure of Payment by Comractor .............. 9.5.1.3,14.2.1.2
Failure of Payment by Owner 4.3.7,9.7,14.1.3
Faulty Work (See Defective or Nonconforming Work)
FlnslComptetionsndFlnalPeyment .. 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, [3.7
Financial Arrangements, Owner's. . . 2.2.1
Fire and Extended Coverage Insurance . . . . . . . . . . . 11.3
GENERAL PROVISIONS. 1
Governing Lew 13.1
Guarantees (See Warranty and Warranties)
Hazardous Materials . 10.1,10.2.4
Identification of Contract Documents 1.2.1
Identification of Subcontractors and Suppliers. 5.2.1
Indemnlllcetion. 3.17,3.18,9.10.2, 10.1.4, 11.3.1.2, [1.3.7
Information and Services Required of the Owner. . 2.1.2,2.2,
4.3.4,6.1.3,6.1.4,6.2.6,9.3.2,9.6.1,9.6.4,9.8.3,9.9.2,
9.10.3, 10.1.4, 11.2, [1.3, 13.5.1, 13.5.2
Injury or Damegeto Person or Property. 4.3.9
Inspections. 3.3.3, 3.3.4, 3.7.1,4.2.2,
4.2.6,4.2.9,4.3.6,9.4.2,9.8.2,9.9.2,9.10.1, 13.5
Instructions to Bidders ............ ......... 1.1.1
Instructions to the Contractor . 3.8.1,4.2.8,5.2.1,7,12.1,13.5.2
[nsuranee. 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2,11
Insurance, 80ller and Machinery 11.3.2
Insurance, Contractor'l Lleblllty. . . . . . . . . . . . . 11.1
Insurance,EffectiveDateof ................ 8.2.2,11.1.2
Insurance, Loss of Use. 11.3.3
Insurance, Owner's Liability . . . . . .. . . . . . .. . . .. 11.2
Insurance, Property. .. 10.2.5,11.3
Insurance, Stored Materials 9.3.2,11.3.1.4
INSURANCE AND BONDS . . . . . . . .
Insurance Companies, Consent to Partial Occupancy.
Insurance Companies, Settlement with.
Intent of the Comract Documents.
11
.9.9.1,11.3.11
11.3.10
1.2.3,3.12.4,
4.2.6,4.2.7,4.2.12,42.13,7.4
Interest. 13.6
Interpretation. . 1.2.5, 1.4,1.5,4.1.1,4.3.1,5.1,6.1.2,8.1.4
Interpretations, Written 4.2.11,4.2,12,4.3.7
Joinder and Consolidation of Claims Required 4.5.6
Judgment on FlnelAwsrd . . 4.5.1,4.5.4.1,4.5.7
Lebor end Meterials, Equipment. 1.1.3,1.1.6,3.4,3.5.1,3.8.2,
3.12.2,3.[2.3,3.12.7,3.12.1[,3.13,3.[5.[,
4.2.7,6.2.1,7.3.6,9.3.2,9.3.3, 12.2.4, [4
Labor Disputes . 8.3.1
Laws and Regulations 1.3,3.6,3.7,3.13,4.1.1,4.5.5,4.5.7,
9.9.1, [0.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6
Liens 2.1.2,4.3.2,4.3.5.1,8.2.2,9.3.3,9.10.2
Llmllellon on Consolidation or Joinder 4.5.5
Limitations, 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 DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlAe . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subJect to legal prosecution.
A201.1987 3
.
LimitationsofLiability . . . .. 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, General 2.2.1,2.2.4,3.2.1,3.7.3,
3.8.2,3.10,3.12.5,3.15.1,4.2.1,4.2.7,4.2.11,4.3.2,
4.3.3,4.3.4,4.3.6,4.3.9,4.5.4.2,5.2.1,5.2.3,6.2.4, 7.3.4, 7.4,
8.2,9.5,9.6.2, 9.8, 9.9, 9.10, 11.1.3, 11.3.1, 11.3.2, 11.3.5,
11.3.6, 12.2.1, 12.2.2, 13.5, 13.7
Limitations of Time, Spedfic . 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
Loss of Use Insurance . ............... 11.3.3
MatcrialSuppliers.............. L3.1, 3.12.1,4.2.4,4.2.6, 5.2.1,
9.3.1,9.3.1.2,9.3.3,9.4.2,9.6.5,9.10.4
Materials Hazardous . . .. . . . . .. . .. . . .. .. 10.1,10.2.4
Materials: Labor, Equipment and . . . .. 1.1.3,1.1.6,3.4,3.5.1,3.8.2,
3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,6.2.1,
7.3.6,9.3.2, 9.3.3, 12.2.4, 14
Means, Methods, Techniques, Sequences and
Procedures of Construction . 3.3.1,4.2.3,4.2.7,9.4.2
Minor Changes In the Work . . . . . 1.1.1,4.2.8,4.3.7,7.1,7,4
MISCELLANEOUS PROVISIONS. . . . . . . . . . . 13
Modifications, Deflnitionof......................... 1.1.1
ModificationstotheComracr ......... 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
Mutual Raaponslblllly . 6.2
Nonconfonnlng Work, Acceptance of . 12.3
Nonconforming Work, Rejection and Correction of . 2.3.1,
4.3.5,9.5.2,9.8.2, 12, 13.7.1.3
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
Notice, Wrlllen 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
NoUceofTestingandlnspecUons. ........... 13.5.1,13.5.2
Notice to Proceed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.2.2
Notlc.., Perml1s, Feeaand 2.2.3,3.7,3.13,7.3.6.4, 10.2.2
Observations, Architect's On-Site 4.2.2,4.2.5,
4.3.6,9.4.2,9.5.1,9.10.1, 13.5
1.2.2,3.2.2
9.6.6,9.8.1,9.9,11.3.11
4.2.2,4.2.9,4.3.6,
9.4.2,9.8.2,9.9.2,9.10.1
4.2.2,4.2.5,4.3.6,
9.4.2,9.5.1,9.10.1,13.5
2.3,39,4.3.7,7,8.2.2,11.3.9,12.1,
12.2,13.5.2,14.3.1
OWNER. 2
Owner, DeflnlUonof 2.1
Owner, Information and Services Required of the. 2.1 .2,
2.2,4.3.4,6,9,10.1.4,11.2,11.3,13.5.1,14.1.1.5,14.1.3
Owner's Authority 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1,
7.3.1,8.2.2,9.3.1,9.3.2,11.4.1,12.2.4,13.5.2,14.2,14.3.1
Owner's Financial Capability . 2.2.1,14.1.1.5
Owner'e liability Insurance 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
2.4, 12.2.4, 14.2.2.2
6.3
Notice.
Observations, Contractor's.
Occupancy.
On-Site Inspections by the Architect
Oo-Site Observations by the Architect.
Orders, Written
Owner's Right to Carry Out the Work.
Owner's Right to Clean Up .
Owner's Right to Perform Construction and to
Award Separate Contrac1s 6.1
Owner's Right 10 Stop tha Work. 2.3,4.3.7
Owner's Rightto Suspend the Work ..................... 14.3
Owner's Right to Terminate the Contract. . . . . . . . . . . . . . . .. 14.2
Ownership and Uae 01 Archltect'a Drawlnga, Speclflcatlona
and Other Documents . 1.1.1,1.3,2.2.5,5.3
Partial Occupancy or Uaa 9.6.6,9.9,11.3.11
Patching, Culling and. 3.14, 6.2.6
Patenta, Royaltl.. and . . . . . . . .. 3.17
Payment,Appllcatlonalor ......... 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
Payment, Certlflcatas lor. 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
Paymant, Failure 01 . .. . . .. . . . ... .. 4.3.7,9.5.1.3,
9.7,9.10.2,14.1.1.3,14.2.1.2
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
Payment Bond, Perfonnance Bond and . . . . . . . . . . . . 7.3.6.4,
9.10.3,11.3.9,11.4
4.3.4,9.3,9.6,
9.8.3,9.10.3,13.6,14.2.3
9,14
5.4.2,9.5.1.3,
9.6.2,9.6.3,9.6.4,11.3.8,14.2.1.2
PCB. 1~1
Performance Bond and Payment Bond. ............... 7.3.6.4,
9.10.3, 11.3.9, 11.4
Permlta, Feea and Notlcea . 2.2.3,3.7,3.13,7.3.6.4, 10.2.2
PERSONS AND PROPERTY, PROT.ECTION OF . . . . . . . . . . .. 10
PolychiorinatedBiphenyJ .. 10.1
Product Data, Definition of. . . . . . . . . . . . . . . . . . . . . . . . . 3.12.2
Procluct Data and Samples, Shop Drawings. 3.11,3.12,4.2.7
progresa and Complatlon . 4.2.2,4.3.4,6.2
progresa Paymanta 4.3.4,9.3,
9.6,9.8.3,9.10.3, 13.6, 14.2.3
Project, Definition of the. ........... 1.1.4
ProJect Manual, Definition of the . 1.1.7
Project Manuals . . . . . . . . . . .. 2.2.5
Project Representatives ............. 4.2.10
Property Insuranca . . . . . . . . . . . . . . . . . . . . . . . . 10.2.5,11.3
PROTECTION OF PERSONS AND PROPERTY. 10
Regulations and Laws. 1.3,3.6,3.7,3.13,4.1.1,4.5.5,
4.5.7,10.2.2,11.1,11.3,13.1,13.4,13.5.1,13.5.2,13.6,14
Rejection of Work . 3.5.1,4.2.6,12.2
Releases of Waivers and Liens. 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
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
Resolution of Claims and Disputes . 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 Contract Documents and Field
Condltlona by Contractor.
Review of Contractor's Submittals by
Owner and Architect
Payment, Final.
Payments, Progress
PAYMENTS AND COMPLETION
Payments to Subcontractors .
Represent.atives . .
.
122,3.2,3.7.3,3.12.7
3.10.1,3.10.2,3.11,3.12,
4.2.7,4.2.9,5.2.1,5.2.3,9.2,9.8.2
Review of Shop Drawings, Product Data
and Samples by Contractor. 3.12.5
Rlghtsand Remedies. 1.1.2,2.3,2.4,3.5.1,3.15.2,
4.2.6,4.3.6,4.5,53,6.1,6.3,7.3.1,8.3.1,9.5.1, 9.7,10.2.5,
103,12.2.2,12.2.4,13.4,14
3.17
Royalties and Patents .
4 A201-1987
AlA DOCUMENT A20l . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlAS . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C. 20006
WARNING: Unlicensed photocopying violates U.S. copyrtght laws and Is subject to legal prosecution.
.
Rul...nd Notices for Arbitration . . . . . . . . . 4.5.2
Safety of Persons and Properly. ................. 10.2
Safety Prscautlona and Programs 4.2.3,4.2.7,10.1
Samples, Deflnitionof 3.12.3
Samplea, Shop Drswlngs, Product Data and 3.11,3.12,4.2.7
Samples at the Slta, Documents end 3.11
Schedule of Values . . . 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
ShopDrawings,Defmitionof. ............... 3.12.1
Shop Drawings, Product Data and Samples 3.11,3.12, 4.2.7
Slle,Useof............. .......... 3.13,6.1.1,6.2.1
Site Inspections. . .1.2.2,3.3.4,4.2.2,4.2.9,4.3.6,9.8.2,9.10.1,13.5
Site Visits, Architect's. . 4.2.2,4.2.5,4.2.9,4.3.6,
9.4.2,9.5.1,9.8.2,9.9.2,9.10:1.13.5
Special Inspections and Testing . 4.2.6,12.2.1,13.5
Specifications, Definition of the. 1.1.6
Specllloatlons, The. 1.1.1,1.1.6,1.1.7,1.2.4,1.3,3.11
Statu.tes of LimitaHons . . . . . . . . .. 4.5.4.2,12.2.6,13.7
StoppingtheWork... 2.3,4.3.7,9.7,10.1.2,10.3,14.1
Stored Materials . 6.2.1,9.3.2,10.2.1.2,11.3.1.4,12.2.4
Subcontfactor, Definition of. ............. 5.1.1
SUBCONTRACTORS. 5
Subcontractors, Work by. 1.2.4,3.3.2,3.12.1,
4.2.3, 5.3, 5.4
Subcontractual Relations. 5.3,5.4,9.3.1.2,9.6.2,
9.6.3,9.6.4,10.2.1,11.3.7,11.3.8,14.1.1,14.2.1.2,14.3.2
Submittals 1.3,3.2.3,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,
7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,9.10.3, 10.1.2, 11.1.3
Subrogation, Waivers of. ........ 6.1.1,11.3.5,11.3.7
Substantial Completion. . 4.2.9,4.3.5.2,8.1.1,8.1.3,
8.2.3,9.8,9.9.1, 12.2.1, 12.2.2, 13.7
Substantial Completion, Definition of. 9.8.1
Substitution of Sub contractors . 5.2.3,5.2.4
Substitution of the Architect. 4.1.3
Substitutions of Materials ... 3.5.1
Sub-subcontractor, Definition of . 5.1.2
Subsurface Conditions. 4.3.6
Successors and Assigns 13.2
Superintendent. . . 3.9, 10.2.6
Supervision and Construction Procedures 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
4.4.1,4.4.4,5.4.1.2,9.10.2,9.10.3,14.2.2
9.9.1,9.10.2,9.10.3
2.2.2,3.183
Surety .
Surety, Consent of.
Surveys.
.
Suspension by the Owner for Convenience 14.3
Suspension of the Work 4.3.7,5.4.2,14.1.1.4,14.3
Suspension or Termination of the Contract. 4.3.7,5.4.1.1,14
Taxes . . . . . . . . . . 3.6,7.3.6.4
Termination by the Contractor. 14.1
Termination bylhe OwnarforCause. 5.4.1.1,14.2
Termination of the Architect 4.1.3
Termination of the Contractor. . . 14.2.2
TERMINATION OR SUSPENSION OF THE CONTRACT. 14
Testa and Inspections . .. 3.3.3,4.2.6,4.2.9,9.4.2, 12.2.1,13.5
TIME........... ............. ............... 8
Time, Delaysand Ex1enslons of ..... 4.3.8,7.2.1,8.3
TimeLimits,Speciflc .... 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
Time Lhillls on Claims. 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5
Title to Work 9.3.2,9.3.3
UNCOVERING AND CORRECTION OF WORK ......... 12
Uncovering of Work ............ 12.1
Unforeseen Conditions 4.3.6,8.3.1,10.1
Unit Prices. 7.1.4,7.'3.3.2
Use of Documents . 1.1.1,1.3,2.2.5,3.12.7,5.3
Use of Site ........... 3.13,6.1.1,6.2.1
Valuaa,Scheduleof ............ ........ 9.2,9.3.1
Waiver of Claims: Final Payment. 4.3.5, 4.5.1,910.3
Waiver of Claims by the Architect. 13.4.2
Waiver of Claims by the Contractor. 9.10.4,11.3.7,13.4.2
Waiver of Claims by the Owner . 4.3.5,4.5.1,9.9.3,
9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2
Waiver of Liens. 9.10.2
Waivers of Subrogation . 6.1.1, 11.3.5, 11.3.7
Warranty and Warranties. 3.5, 4.2.9,
4.3.5.3,9.3.3,9.8.2,9.9.1,12.2.2,13.7.1.3
Weather Delays. . . . . . . . . . . . . . . . . . . .. 4.3.8.2
Whan Arbitration May Be Demanded 4.5.4
Work,Definitionof................................. 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
Written Notice. ......... 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4,
4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10,10.1.2,
10.2.6,11.1.3,11.3,12.2.2,12.2.4,13.3,13.5.2,14
Written Orders. . . . . . . . . . 2.3,3.9,4.3.7,
7,8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 143.1
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION
AlAe. @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
A201.1987 5
.
.
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
ARTICLE 1
GENERAL PROVISIONS
1.1 BASIC DEFINITIONS
1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement between
Owner and Contractor (hereinafter the Agreement), Conditions
of the Contract (General, Supplementary and other Conditions),
Drawings, Specifications, addenda issued prior to execution of
the Contract, other documents listed in the Agreement and
Modifications issued after execution of the Contract. A Modifi~
cation is (1) a written amendment to the Contract signed by
both patties, (2) a Change Order, (3) a Construction Change
Directive or (4) a written order for a minor change in the Work
issued by the Architect. Unless specifically enumerated in the
Agreement, the Contract Documents do not include other
documents such as bidding requirements (advertisement or
invitation to bid, Instructions to Bidders, sample forms, the
Contractor's bid or portions of addenda relating to bidding
requirements).
1.1 .2 THE CONTRACT
The Contract Documents form the Contract for Construction.
The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. The Con.
tract may be amended or modified only by a Modification. The
Contract Documents shall not be construed to create a contrac-
tual relationship of any kind (1) between the Architect and Con-
tractor, (2) between the Owner and a Subcontractor or Sub-
subcontractor or (3) between any persons or entities other than
the Owner and Contractor. The Architect shall, however, be
entitled to performance and enforcement of obligations under
the Contract intended to facilitate performance of the
Architect's duties.
1.1.3 THE WORK
The term "Work" means the construction and services
required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials,
equipment and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations. The Work
may constitute the whole or a part of the Project.
1.1.4 THE PROJECT
The Project is the total construction of which the Work per-
formed under the Contract Documents may be the whole or a
part and which may include construction by the Owner or by
separate contractors.
1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Con-
tract Documents, wherever located and whenever issued,
showing the design, location and dimensions of the Work,
generally including plans, elevations, sections, details, sched-
ules and diagrams.
1.1.6 THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equip-
ment, construction systems, standards and workmanship for
the Work, and performance of related services.
1.1.7 THE PROJECT MANUAL
The Project Manual is the volume usually assembled for the
Work which may include the bidding requirements, sample
forms, Conditions of the Contract and Specifications.
1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 The Contract Documents shall be signed by the Owner
and Contractor as provided in the Agreement. If either the
Owner or Contractor, or both do not sign all the Contract
Docwnents, the Architect shall identify such unsigned Docu-
ments upon request.
1.2.2 Execution of the Contract by the Contractor is a repre-
sentation that the Contractor has visited the site, become famil-
iar with local conditions under which the Work is to be per*
formed and correlated personal observations with require-
ments of the Contract Documents.
1.2.3 The intent of the Contract Documents is to include all
items necessary for the proper execution and completion of the
Work by the Contractor. The Contract Documents are comple-
mentary, and what is required by one shall be as binding as if
required by all; performance by the Contractor shall be
required only to the extent consistent with the Contract Docu-
ments and reasonably inferable from them as being necessary
to produce the intended results.
1.2.4 Organization of the Specifications into divisions, sections
and articles, and arrangement of Drawings shall not control the
Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents,
words which have well-known technical or construction indus-
try meanings are used in the Contract Documents in accord-
ance with such recognized meanings.
1.3 OWNERSHIP AND USE OF ARCHITECT'S
DRAWINGS, SPECIFICATIONS AND OTHER
DOCUMENTS
1.3.1 The Drawings, Specifications and other documents
prepared by the Architect are instruments of the Architect's
service through which the Work to be executed by the Con-
tractor is described. The Contractor may retain one contract
record set. Neither the Contractor nor any Subcontractor, Sub-
subcontractor or material or equipment supplier shall own or
claim a copyright in the Drawings, Specifications and other
documents prepared by the Architect, and unless otherwise
indicated the Architect shall be deemed the author of them and
will retain all common law, statutory and other reserved rights,
in addition to the copyright. All copies of them, except the
Contractor's record set, shall be returned or suitably accounted
for to the Architect, on request, upon completion of the Work.
The Drawings, Specifications and other documents prepared
by the Architect, and copies thereof furnished to the Contrac-
tor, are for use solely with respect to this Project. They are not
to be used by the Contractor or any Subcontractor, Sub-
subcontractor or material or equipment supplier on other proj-
ects or for additions to this Project outside the scope of the
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Work without the specific written consent of the Owner and
Architect. The Contractor, Subcontractors, Sub-subcontractors
and material or equipment suppliers are granted a limited
license to use and reproduce applicable portions of the Draw-
ings, Specifications and other documents prepared by the
Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under
this license shall bear the statutory copyright notice, if any,
shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet
official regulatory requirements or for other purposes in con-
nection with this Project is not to be construed as publication
in derogation of the Architect's copyright or other reserved
rights.
1.4 CAPITALIZATION
1.4.1 Terms capitalized in these General Conditions include
those which are (1) specifically defined, (2) the titles of num-
bered articles and identified references to Paragraphs, Subpara-
graphs and Clauses in the document or (3) the titles of other
documents published by the American Institute of Architects.
1.5 INTERPRETATION
1.5.1 In the interest of brevity the Contract Docwnents fre-
quently omit modifying words such as "all" and "any" and arti-
cles such as "the" and "an," but the fact that a modifier or an
article is absent from one statement and appears in another is
not intended to affect the interpretation of either statement.
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The Owner is the person or entity identified as such in
the Agreement and is referred to throughout the Contract
Docwnents as if singular in number. The term "Owner" means
the Owner or the Owner's authorized representative.
2.1.2 The Owner upon reasonable written request shall furnish
to the Contractor in writing information which is necessary and
relevant for the Contractor to evaluate, give notice of or
enforce mechanic's lien rights. Such information shall include a
correct statement of the record legal title to the property on
which the Project is located, usually referred to as the site, and
the Owner's interest therein at the time of execution of the
Agreement and, within five days after any change, information
of such change in title, recorded or unrecorded.
2.2 INFORMATION AND SERVICES
REQUIRED OF THE OWNER
2.2.1 The Owner shall, at the request of the Contractor, prior
to execution of the Agreement and promptly from time to time
thereafter, furnish to the Contractor reasonable evidence that
financial arrangements have been made to fulfill the Owner's
obligations under the Contract. (Note: Unless such reasonable
evidence were furnished on request prior to the execution of
the Agreement, ";J,he prospective contractor would not be
required to execute the Agreement or to commence the Work.}
2.2.2 The Owner shall furnish surveys desctibing physical
characteristics, legal limitations and utility locations for the site
of the Project, and a legal description of the site.
2.2.3 Except for permits and fees which are the responsibility
of the Contractor under the Contract Documents, the Owner
shall secure and pay for necessary approvals, easements, assess-
.
ments and charges required for construction, use or occupancy
of permanent structures or for permanent changes in existing
facilities.
2.2.4 Information or services under the Owner's control shall
be furnished by the Owner with reasonable promptness to
avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents,
the Contractor will be furnished, free of charge, such copies of
Drawings and Project Manuals as are reasonably necessary for
execution of the Work.
2.2.6 The foregoing are in addition to other duties and respon-
sibilities of the Owner enumerated herein and especially those
in respect to Article 6 (Construction by Owner or by Separate
Contractors), Article 9 (Payments and Completion) and Article
11 (Insurance and Bonds).
2.3 OWNER'S RIGHT TO STOP THE WORK
2.3.1 If the Contractor fails to correct Work which is not in
accordance with the requirements of the Contract Documents
as required by Paragraph 12.2 or persistently 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 Subpatagtaph 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 shall pay the
difference to the Owner.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person or entity identified as such
in the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Contractor"
means the Contractor or the Contractor's authorized
representative.
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3.2 ~IEW 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, inconsistencies or
omissions discovered. The Contractor shall not be liable to the
Owner or Architect for damage resulting from errors, inconsis-
tencies or omissions in the Contract Documents unless the
Contractor recognized such error, inconsistency or omission
and knowingly failed to report it to the Architect. If the Con-
tractor performs any construction activity knowing it involves
a recognized error, inconsistency or omission in the Contract
Documents without such notice to the Architect, the Contrac-
tor shall assume appropriate responsibility for such perfor-
mance and shall bear an appropriate amount of the attributable
costs for correction.
3.2.2 The Contractor shall take field measurements and verify
field conditions and shall carefully compare such field mea-
surements and conditions and other information known to the
Contractor with the Contract Documents before commencing
activities. Errors, inconsistencies or omissions discovered shall
be reported to the Architect at once.
3.2.3 The Comracto'r shall perform the Work in accordance
with the Contract Documents and submittals approved pur*
sumt to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direct the Work,
using the Contractor's best skill and attention. The Contractor
shall be solely responsible for and have control over construc-
tion means, methods, techniques, sequences and procedures
and for coordinating all portions of the Work under the Con-
tract, unless Contract Documents give other specific instruc-
tions concerning these matters.
3.3.2 The Contractor shall be responsible to the Owner for acts
and omissions of the Contractor's employees, Subcontractors
and their agents and employees, and other persons performing
portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to per-
form the Work in accordance with the Contract Documents
either by activities or duties of the Architect in the Architect's
administration of the Contract, or by tests, inspections or
approvals required or performed by persons other than the
Contractor.
3.3.4 The Contractor shall be responsible for inspection of por-
tions of Work already performed under this Contract to deter-
mine that such portions are in proper condition to receive sub-
sequent Work.
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract Documents,
the Contractor shall provide and pay for labor, materials, equip-
ment, tools, construction equipment and machinery, water,
heat, utilities, transportation, and other facilities and services
necessary for proper execution and completion of the Work,
whether temporary or permanent and whether or not incorpo-
rated or to be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good
order among the Contractor's employees and other persons
carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks
assigned to them.
.
3.5 WARRANTY
3.5.1 The Contractor warrants to the Owner and Architect that
materials and equipment furnished under the Contract will be
of good quality and new unless otherwise required or permit-
ted by the Contract Documents, that the Work will be free
from defects not inherent in the quality required or permitted,
and that the Work will conform with the requirements of the
Contract Documents. Work not conforming to these require-
ments, including substitutions not properly approved and
authorized, may be considered defective. The Contractor's
warranty excludes remedy for damage or defect caused by
abuse, modifications not executed by the Contractor, improper
or insufficient maintenance, improper operation, or normal
wear and tear under normal usage. If required by the Architect,
the Contractor shall furnish satisfactory evidence as to the kind
and quality of materials and equipment.
3.6 TAXES
3.6.1 The Contractor shall pay sales, consumer, use and similar
taxes for the Work or portions thereof provided by the Con-
tractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely
scheduled to go into effect.
3.7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise provided in the Contract Documents,
the Contractor shall secure and pay for the building permit and
other permits and governmental fees, licenses and inspections
necessary for proper execution and completion of the Work
which are customarily secured after execution of the Contract
and which are legally required when bids are received or nego-
tiations concluded.
3.7.2 The Contractor shall comply with and give notices
required by laws, ordinances, rules, regulations and lawful
orders of public authorities bearing on performance of the
Work.
3.7.3 It is not the Contractor's responsibility to ascertain that
the Contract Documents are in accordance with applicable
laws, statutes, ordinances, building codes, and rules and regula-
tions. However, if the Contractor observes that portions of the
Contract Documents are at variance therewith, the Contractor
shall promptly notify the Architect and Owner in writing, and
necessary changes shall be accomplished by appropriate
Modification.
3.7.4 If the Contractor performs Work knowing it to be con-
trary to laws, statutes, ordinances, building codes, and rules and
regulations without such notice to the Architect and Owner,
the Contractor shall assume full responsibility for such Work
and shall bear the attributable costs.
3.8 ALLOWANCES
3.8.1 The. Contractor shall include in the Contract Sum all
allowances stated in the Contract Documents. Items covered
by allowances shall be supplied for such amounts and by such
persons or entities as the Owner may direct, but the Contractor
shall not be required to employ persons or entities against
which the Contractor makes reasonable objection.
3.8.2 Unless otherwise provided in the Contract Documents:
.1 materials and equipment under an allowance shall be
selected promptly by the Owner to avoid delay in the
Work;
.2 allowances shall cover the cost to the Contractor of
materials and equipment delivered at the site and all
required taxes, less applicable trade discounts;
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.3 Contractor's costs for unloading' and handling at the
sitej labor, installation costs, overhead, profit and
other expenses contemplated for stated allowance
amounts shall be included in the Contract Sum and
not in the allowances;
.4 whenever costs are more than or less than allowances,
the Contract Sum shall be adjusted accordingly by
Change Order. The amount of the Change Order shall
reflect (1) the difference between actual costs and the
allowances under Clause 3.8.2.2 and (2) changes in
Contractor's costs under Clause 3.8.2.3.
3.9 SUPERINTENDENT
3.9.1 The Contractor shall employ a competent superinten-
dent and necessary assistants who shall be in attendance at the
Prolect site 'during" performance of the Work. The superinten~
dent shall represent the Contractor, and communications given
to the superintendent shall be as binding as if given to the Con-
tractor. Important communications shall be confirmed in writ-
ing. Other communications shall be similarly confirmed on
written request in each case.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
3.10.1 The Contractor, promptly after being awarded the Con-
tract, shall prePare and submit for the Owner's and Architect's
information a Contractor's construction schedule for the Work.
The schedule shall not exceed time limits current under the
Contract Documents, shall be revised at appropriate intervals as
required by the conditions of the Work and Project, shall be
related to the entire Project to the extent required by the Con-
tract Documents, and shall provide for expeditious and practi-
cable execution of the Work.
3.10.2 The Contractor shall prepare Rnd keep current, for the
Architect's approval, a schedule of submittals which is coordi-
nated with the Contractor's construction schedule and allows
the Architect reasonable time to review submittals.
3.10.3 The Contractor shall conform to the most recent
schedules.
3.11 DOCUMENTS AND SAMPLES AT THE SITE
3.11.1 The Contractor shall maintain at the site for the Owner
one record copy of the Drawings, Specifications, addenda,
Change Orders and other Modifications, in good order and
marked currently to record changes and selections made during
construction, and in addition approved Shop Drawings, Prod-
uct Data, Samples and similar required submittals. These shall
be available to the Architect and shall be delivered to the Archi-
tect for submittal to the Owner upon completion of the Work.
3.12 SHOP ORA WINGS, PRODUCT DATA AND SAMPLES
3.12.1 Shop Drawings are drawings, diagrams, schedules and
other data specially prepared for the Work by the Contractor or
a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, per-
formance charts, instructions, brochures, diagrams and other
information furnished by the Contractor to illustrate materials
or equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate
materials, equipment or workmanship and establish standards
by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar sub-
mittals are not Contract Documents. The purpose of their sub-
mittal is to demonstrate for those portions of the Work for
.
which submittals are required the way the Contractor proposes
to conform to. the information given and the design concept
expressed in the Contract Documents. Review by the Architect
is subject to the limitations of Subparagraph 4.2.7.
3.12.5 The Contractor shall review, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar
submittals required by the Contract Documents with reason~
able promptness and in such sequence as to cause no delay in
the Work or in the activities of the Owner or of separate con-
tractors. Submittals made by the Contractor which are not
required by the Contract Documents may be returned without
action.
3.12.6 The Contractor shall perform no portion of the Work
requiring submittal and review of Shop Drawings, Product
Data, Samples or similar submittals until the respective submit-
tal has been approved by the Architect. Such Wark shall be in
accordance with approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product
Data, Samples and similar submittals, the Contractor represents
that the Contractor has determined and verified materials, field
measurements and field construction criteria related thereto, or
will do so, and has checked and coordinated the information
contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility
for deviations from requirements of the Contract Documents
by the Architect's approval of Shop Drawings, Product Data,
Samples or similar submittals unless the Contractor has
specifically informed the Architect in writing of such deviation
at the time of submittal and the Architect has given written
approval to the 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 the Architect is
not expected to take responsive action may be so identified in
the Contract Documents.
3.12.11 When professional certification of performance criteria
of materials, systems or equipment is required by the Contract
Documents, the Architect shall be entitled to rely upon the
accuracy and completeness of such calculations and certifi-
cations.
3.13 USE OF SITE
3.13.1 The Contractor shall confine operations at the site to
areas permitted by law, ordinances, permits and the Contract
Documents and shall not unreasonably encumber the site with
materials or equipment.
3.14 CUTTING AND PATCHING
3.14.1 The Contractor shall be responsible for cutting, fitting
or patching required to complete the Work or to make its parts
fit together properly.
3.14.2 The Contractor shall not damage or endanger a portion
of the Work or fully or partially completed construction of the
Owner or separate contractors by cutting, patching or other-
wise altering suet construction, or by excavation. The Contrac-
tor shall not cut or otherwise alter such construction by the
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Owner or a separate contractor except with written consent of
the Owner and of such separate contractor; such consent shall
not be unreasonably withheld. The Contractor shall not unrea-
sonably withhold from the Owner or a separate contractor the
Contractor's consent to cutting or otherwise altering the Work.
3.15 CLEANING UP
3.15.1 The Contractor shall keep the premises and surround-
ing area free from accumulation of waste materials or rubbish
caused by operations under the Contract. At completion of the
Wark the Contractor shall remove from and about the Project
waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus materials.
3.15.2 If the Contractor fails to clean up as provided in the
Contract Documents, the Owner may do so and the cost
thereof shall be charged to the Contractor.
3.16 ACCESS TO WORK
3.16.1 The Contractor shall provide the Owner and Architect
access to the Work in preparation and progress wherever
located.
3.17 ROYALTIES AND PATENTS
3.17.1 The Contractor shall pay all royalties and license fees.
The Contractor shall defend suits or claims for infringement of
patent rights and shall hold the Owner and Architect hannless
from, loss on account thereof, but shall not be responsible for
such defense or loss when a particular design, process or prod-
uct of a particular manufacturer or manufacturers is required by
the Contract Documents. However, if the Contractor has rea-
son to believe that the required design, process or product is an
infringement of a patent, the Contractor shall be responsible for
such loss unless such information is promptly furnished to the
Architect.
3.18 INDEMNIFICATION
3.18.1 To the fullest extent permitted by law, the Contractor
shall indemnify and hold harmless the Owner, Architect, Archi-
tect's consultants, and agents and employees of any of them
from and against claims, damages, losses and expenses, includ-
ing but not limited to attorneys' fees, arising out of or resulting
from performance of the Work, provided that such claim, dam-
age, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible prop-
erty (other than the Work itself) including loss of use resulting
therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Contractor, a Subcontractor,
anyone directly or indirectly employed by them or anyone for
whose acts they may be liable, regardless of whether or not
such claim, damage, loss or expense is caused in pan by a party
indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person
described in this Paragraph 3.18.
3.18.2 In claims against any person or entity indemnified
under this Paragraph 3.18 by an employee of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them
or anyone for whose acts they may be liable, the indemnifica-
tion oblIgation under this Paragraph 3.18 shall not be limited by
a limitation on amount or type of damages, compensation or
benefits payable by or for the Contractor or a Subcontractor
under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
3.18.3 The obligations of the Contractor under this Paragraph
3.18 shall not extend to the liability of the Architect, the Archi-
.
tect's consultants, and agents and employees of any of them
arising out of (1) the preparation or approval of maps. drawings,
opinions, repons, surveys, Change Orders, designs or specifica-
tions, or (2) the giving of or the failure to give directions or
instructions by the Architect, the Architect's consultants, and
agents and employees of any of them provided such giving or
failure to give is the primary cause of the injury or damage.
4.1
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
ARCHITECT
4.1.1 The Architect is the person lawfully licensed to practice
architecture or an entity lawfully practicing architecture iden~
tifled as such in the Agreement and is referred to throughout
the Contract Documents as if singular in number. The term
"Architect" means the Architect or the Architect's authorized
representative.
4.1.2 Duties, responsibilities and limitations of authority of the
Architect as set forth in the Contract Documents shall not be
restricted, modified or extended without written consent of the
Owner, Contractor and Architect. Consent shall not be unrea-
sonably withheld.
4.1.3 In case of termination of employment of the Architect,
the Owner shall appoint an architect against whom the Con~
tractor makes no reasonable objection and whose status under
the Contract Documents shall be that of the former architect.
4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3
shall be subject to arbitration.
4.2 ARCHITECT'S ADMINISTRATION
OF THE CONTRACT
4.2.1 The Architect will provide administration of the Contract
as described in the Contract Documents, and will be the
Owner's representative (1) during construction, (2) until final
payment is due and (3) with the Owner's concurrence, from
time to time during the correction period described in Para-
graph 12.2. The Architect will advise and consult with the
Owner. The Architect will have authority to act on behalf of the
Owner only to the extent provided in the Contract Documents,
unless otherwise modified by written instrument in accordance
with other provisions of the Contract.
4.2.2 The Architect will visit the site at intervals appropriate to
the stage of construction to become generally familiar with the
progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicat-
ing that the Work, when completed, will be in accordance with
the Contract Documents. However, the Architect will not be
required to make exhaustive or continuous on-site inspections
to check quality or quantity of the Work. On the basis of on-
site observations as an architect, the Architect will keep the
Owner informed of progress of the Work, and will endeavor to
guard the Owner against defects and deficiencies in the Work.
4.2.3 The Architect will not have control over or charge of and
will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are
solely the Contractor's responsibility as provided in Paragraph
3.3. The Architect will not be responsible for the Contractor's
failure to carry out the Work in accordance with the Contract
Documents. The Architect will not have control over or charge
of and will not be responsible for acts or omissions of the Con-
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tractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the Wark.
4.2.4 Communications Facllllsting Contract Admlnlst.....
tlon. Except as otherwise provided in the Contract Docwnents
or when direct communications have been specially autho-
rized, the Owner and Contractor shall endeavor to communi-
cate through the Architect. Communications by and with the
Architect's consultants shall be through the Architect. Commu-
nications by and with Subcontractors and material suppliers
shall be through the Contractor. Communications by and with
separate contractors shall be through the Owner.
4.2.5 Based on the Architect's observations and evaluations of
the Contractor's Applications for Payment, the Architect will
review and certify the amounts due the Contractor and will
issue Ceniflcates for Payment in such amounts.
4.2.6 The Architect willmve authority to reject Work which
does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable for implementa-
tion of the intent of the Contract Documents, the Architect will
have authority to require additional inspection or testing of the
Work in accordance with Subparagraphs 13.5.2 and 13.5.3,
whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Architect nor a decision
made in good faith either to exercise or not to exercise such
authority shall give rise to a duty or responsibility of the Archi-
tect to the Contractor, Subcontractors, material and equipment
suppliers, their agents or employees, or other persons perform-
ing portions of the Work.
4.2.7 The Architect will review and approve or take other
appropriate action upon the Contractor's submittals such as
Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information
given and the design concept expressed in the Contract Docu-
ments. The Architect's action will be taken with such reason-
able promptness as to cause no delay in the Work or in the
activities of the Owner, Contractor or separate contractors,
while allowing sufficient time in the Architect's professional
judgment to permit adequate review. Review of such submittals
is not conducted for the purpose of determining the accuracy
and completeness of other details such as dimensions and
quantities, or for substantiating instructions for installation or
performance of equipment or systems, all of which remain the
responsibility of the Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submit-
tals shall not relieve the Contractor of the obligations under
Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not
constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of any construction means,
methods, techniques, sequences or procedures. The Architect's
approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
4.2.8 The Architect will prepare Change Orders and Construc-
tion Change Directives, and may authorize minor changes in
the Work as provided in Paragraph 7.4.
4~2.9 The Architect will conduct inspections to determine the
date or dates of Substantial Completion and the date of final
completion, will receive and forward to the Owner for the
Owner's review and records written warranties and related
documents required by the Contract and assembled by the
Contractor, and will issue a final Certificate for Payment upon
compliance with the requirements of the Contract Documents.
4~2.10 If the Owner and Architect agree, the Architect will pro-
vide one or more project representatives to assist in carrying
.
out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project
representatives shall be as set forth in an exhibit to be incorpo-
rated in the Contract Documents.
4.2.11 The Architect will interpret and decide matters concern-
ing performance under and requirements of the Contract
Documents on written request of either the Owner or Contrac-
tor. The Architect's response to such requests will be made
with reasonable promptness and within any time limits agreed
upon. If no agreement is made concerning the time within
which interpretations required of the Architect shall be fur~
nished in compliance with this Paragraph 4.2, then delay shall
not be recognized on account of failure by the Architect to fur-
nish such interpretations until 15 days after written request is
made for them.
4.2.12 Interpretations and decisions of the Architect will be
consistent with the intent of and reasonably inferable from the
Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, the
Architect will endeavor to secure faithful performance by both
Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so
rendered in good faith.
4.2.13 The Architect's decisions on matters relating to aesthetic
effect will be final if consistent with the intent expressed in the
Contract Documents.
4.3 CLAIMS AND DISPUTES
4.3.1 Dellnltlon. A Claim is a demand or 3Ssertion by one of
the parties seeking, as a matter of right, adjustment or interpre-
tation of Contract terms, payment of money, extension of time
or other relief with respect to the terms of the Contract. The
term "Claim" also includes other disputes and matters in ques-
tion between the Owner and Contractor arising out of or relat.
ing to the Contract. Claims must be made by written notice.
The responsibility to substantiate Claims shall rest with the
pany making the Claim.
4.3.2 Decision 01 Architect. Claims, including those alleging
an error or omission by the Architect, shall be referred initially
to the Architect for action as provided in Paragraph 4.4. A deci-
sion by the Architect, as provided in Subparagraph 4.4.4, shall
be required as a condition precedent to arbitration or litigation
of a Claim between the Contractor and Owner as to all such
matters arising prior to the date final payment is due, regardless
of (1) whether such matters relate to execution and progress of
the Work or (2) the extent to which the Work has been com-
pleted, The decision by the Architect in response to a Claim
shall not be a condition precedent to arbitfdtion or litigation in
the event (1) the position of Architect is vacant, (2) the Architect
has not received evidence or has failed to render a decision
within agreed time limits, (3) the Architect has failed to take
action required under Subparagraph 4.4.4 within 30 days after
the Claim is made, (4) 45 days have passed after the Claim h3S
been referred to the Architect or (5) the Claim relates to a
mechanic's lien.
4.3.3 Time Limits on Claims. Claims by either party must be
made within 21 days after occurrence of the event giving rise to
such Claim or within 21 days after the claimant first recognizes
the condition giving rise to the Claim, whichever is later. Claims
must be made by written notice. An additional Claim made
after the initial Claim has been implemented by Change Order
will not be considered unless submitted in a timely manner.
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4.3.4 Continuing Contract Perfonnance. Pending fInal reso-
lution of a Claim including arbitration, unless otherwise agreed
in writing the Contractor shall proceed diligently with perfor-
mance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents.
4.3.5 Waiver 01 Claims: Final Payment. The making of fInal
payment shall constitute a waiver of Claims by the Owner
except those arising from:
.1 liens, Claims, security interests or encumbrances aris-
ing out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements
of the Contract Documents; or
.3 terms of special warranties required by the Contract
Documents.
4.3.6 Claims for Concealed or Unknown Conditions. If con-
ditions are encountered at the site which are (1) subsurface or
otherwise concealed physical conditions which differ materi-
ally from those indicated in the Contract Documents or (2)
unknown physical conditions of an unusual nature, which dif-
fer materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the
character provided for in the Contract Documents, then notice
by the observing party shall be given to the other party
promptly before conditions are disturbed and in no event later
than 21 days after first observance of the conditions. The Archi-
tect will promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in the Contractor's
cost of, or time required for, performance of any part of the
Work, will recommend an equitable adjustment in the Contract
Sum or Contract Time, or both. If the Architect detennines that
the conditions at the site are not materially different from those
indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall so notify
the Owner and Contractor in writing, stating the reasons.
Claims by either party in opposition to such determination
must be made within 21 days after the Architect has given
notice of the decision. If the Owner and Contractor cannot
agree on an adjustment in the Contract Sum or Contract Time,
the adjustment shall be referred to the Architect for initial deter-
mination' subject to further proceedings pursuant to Paragraph
4.4.
4.3.7 Claims for Additional Cost. If the Contractor wishes to
make Claim for an increase in the Contract Sum, written notice
as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an
emergency endangering life or property arising under Para-
graph 10,3, If the Contractor believes additional cost is
involved for reasons including but not limited to (1) a written
interpretation from the Architect, (2) an order by the Owner to
stop the Work where the Contractor was not at fault, (3) a writ-
ten order for a minor change in the Work issued by the Archi-
tect, (4) failure of paymenr by the Owner, (5) termination of the
Contract by the Owner, (6) Owner's suspension or (7) other
reasonable grounds, Claim shall be filed in accordance with the
procedure established herein,
4.3.6 Claims for Additional Time
4.3.8.1 If the Contractor wishes to make Claim for an increase
in the Contract Time, written notice as provided herein shall be
given. The Contractor's Claim shall include an estimate of cost
and of probable effect of delay on progress of the Work. In the
case of a continuing delay only one Claim is necessary,
4.3.8.2 If adverse weather conditions are the basis for a Claim
for additional time, such Claim shall be documented by data
.
substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated,
and that weather conditions had an . adverse effect on the
scheduled construction,
4.3.9 Injury or Damage to Person or Property. If either party
to the Contract suffers injury or damage to person or property
because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts
such party is legally liable, written notice of such injury or
damage, whether or not insured, shall be given to' the other
party within a reasonable time not exceeding 21 days after first
observance, The notice shall provide sufficient detail to enable
the other party to investigate the matter. If a Claim for addi-
tional cost or time related to this Claim is to be asserted, it shall
be rued as provided in Subparagraphs 4.3.7 or 4.3.8.
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 The Architect will review Claims and take one or more of
the following preliminary actions within ten days of receipt of a
Claim, (I) request additional supporting dara from the claimant,
(2) submit a schedule ro the parries 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 parry or (5) suggest a compromise. The
Architect may also, but is not obligated to, notify the surety, if
any, of the nature and amount of the Claim,
4.4.2 If a Claim has been resolved, the Architect will prepare or
obtain appropriate documentation.
4.4.3 If a Claim has not been resolved, the party making the
Claim shall, within ten days after the Architect's preliminary
response, take one or more of the following actions: (1) submit
additional supporting data requested by the Architect, (2)
modify the initial Claim or (3) notify the Architect that the initial
Claim stands,
4.4.4 If a Claim has not been resolved after consideration of the
foregoing and of further evidence presented by the parties or
requested by the Architect, the Architect will notify the partles
in writing that the Architect's decision will be made within
seven days, which decision shall be final and binding on the
parties but subject to arbitration, Upon expiration of such time
period, the Architect will render to the parties the Architect's
written decision relative to the Claim, including any change in
the Contract Sum or Contract Time or both. If there is a surety
and there appears to be a possibility of a Contractor's default,
the Architect may, but is not obligated to, notify the surety and
request the surety's assistance in resolving the controversy,
4.5 ARBITRATION
4.5.1 Controversies and Claims Subject to Arbitration. Any
controversy or Claim arising out of or related to the Contract,
or the breach thereof, shall be settled by arbitration in accor-
dance with the Construction Industry Arbitration Rules of the
American Arbitration Association, and judgment upon the
award rendered by the arbitrator or arbitrators may be entered
in any court having jurisdiction thereof, except controversies
or Claims relating to aesthetic effect and except those waived as
provided for in Subparagraph 4.3.5, Such controversies or
Claims upon which the Architect has given notice and rendered
a decision as provided in Subparagraph 4.4.4 shali be subject to
arbitration upon written demand of either party. Arbitration
may be commenced when 45 days have passed after a Claim
has been referred to the Architect as provided in Paragraph 4,3
and no decision has been rendered,
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4.5.2 Rules and Notices for Arbitration. Claims between the
Owner and Contractor oot.resolved under Paragraph 4.4 shall,
if subject 10 arbitration under Subparagraph 4.5.1, be decided
by arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association cur-
rently in effect, unless the parties mutually agree otherwise.
Notice of demand for arbitration shall be filed in writing with
the other party to the Agreement between the Owner and Con-
tractor and with the American Arbitration Association, and a
copy shall be f1!ed with the Architect.
4.5.3 Contract Pelformance During Arbitration. During arbi.
tration proceedings, the Owner and Contractor shall comply
with Subparagraph 4.3.4.
4.5.4 When Arbitration May Be Demanded. Demand for arbi.
trationofany Claim may not be made until the earlier of (I) the
date on which the Architect has rendered a fmal written deci-
sion on the Cla1m, (2) the tenth day after the parties have pre-
sented evidence to the Architect or have been given reasonable
opportunity to do so, if the Architect has not rendered a fmal
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 fmal but subject to arbitration and (2) a demand
for arbitration of a Claim covered by such decision must be
made within 30 days after the date on which the party making
the demand receives the final written decision, then failure to
demand arbitration within said 30 days' period shall result in
the Architect's decision becoming final and binding upon the
Owner and Contractor. If the Architect renders a decision after
arbitration proceedings have been initiated, such decision may
be entered as evidence, but shall not supersede arbitration pro-
ceedings unless the decision is acceptable to all parties
concerned.
4.5.4.2 A demand for arbitration shall be made within the time
limits spedfied 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 legal or equitable proceedings
based on such Claim would be barred by the applicable statute
of limitations as determined pursuant to Par.lgraph 13.7.
4.5.5 Limitation on Consolidation or Joinder. No arbitration
arising out of or relating to the Contract Documents shall
include, by consolidation or joinder or in any other manner,
the Architect, the Architect's employees or consultants, except
by written consent containing specific reference to the Agree-
ment and signed by the Architect, Owner, Contractor and any
other person or entity sought to be joined. No arbitration shall
include, by consolidation or joinder or in any other manner,
parties other than the Owner, Contractor, a separate contrac-
tor as described in Article 6 and other persons substantially
involved in a common question of fact or Jaw whose presence
is required if complete relief is to be accorded in arbitration. No
person or entity other than the Owner, Contractor or a separate
contractor as described in Article 6 shall be included as an orig-
inal third party or additional third party to an arbitration whose
interest or responsibility is insubstantial. Consent to arbitration
involving an additional person or entity shall not constitute
consent to arbitration of a dispute not described therein or with
a person or entity not named or described therein. The fore-
going agreement to arbitrate and other agreements to arbitrate
with an additional person or entity duly consented to by parties
to the Agreement shall be specifically enforceable under appli~
cable law in any court having jurisdiction thereof.
.
4.5.6 Claims snd Timely Assertion of Claims. A party who
f1les a notice of demand for arbitration must assert in the
demand all Claims then known to that party on which arbitra~
tion is pennitted to be demanded. When a party fails to include
a Claim through oversight, inadvertence or excusable neglect,
or when a Claim has matured or been acquired subsequently,
the arbitrator or arbitrators may permit amendment.
4.5.7 Judgment on Final Award. The award rendered by the
arbitrator or arbitrators shall be final, and judgment may be
entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who has a direct
contract with the Contractor to perform a portion of the Work
at the site. The term "Subcontractor" is referred to throughout
the Contract Documents as if singular in number and means a
Subcontractor or an authorized representative of the Subcon-
tractor. The term "Subcontractor" does not include a separate
contractor or subcontractors of a separate contractor.
5.1.2 A Sub-subcontractor is a person or entity who has a
direct or indirect contract with a Subcontractor to perform a
portion of the Work at the site. The term "Sub-subcontractor"
is referred to throughout the Contract Documents as if singular
in number and means a Sub-subcontractor or an authorized
representative of the Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER
CONTRACTS FOR PORTIONS OF THE WORK
5.2.1 Unless othelWise stated in the Contract Documents or
the bidding requirements, the Contractor, as soon as prac-
ticable after award of the Contract, shall furnish in writing to
the Owner through the Architect the names of persons or enti-
ties (including those who are to furnish materials or equipment
fabricated to a special design) proposed for each principal por-
tion of the Work. The Architect will promptly reply to the Con-
tractor in writing stating whether or not the Owner or the
Architect, after due investigation, has reasonable objection to
any such proposed person or entity. Failure of the Owner or
Architect to reply promptly shall constitute notice of no reason-
able objection.
5.2.2 The Contractor shall not contract with a proposed per-
son or entity to whom the Owner or Architect has made rea-
sonable and timely objection. The Contractor shall not be
required to contract with anyone to whom the Contractor has
made reasonable objection.
5.2.3 If the Owner or Architect has reasonable objection to a
person or entity proposed by the Contractor, the Contractor
shall propose another to whom the Owner or Architect has no
reasonable objection. The Contract Sum shall be increased or
decreased by the difference in cost occasioned by such change
and an appropriate Change Order shall be issued. However, no
increase in the Contract Sum shall be allowed for such change
unless the Contractor has acted promptly and responsively in
submitting names as required.
5.2.4 The Contractor shall not change a Subcontractor, person
or entity previously selected if the Owner or Architect makes
reasonable objection to such change.
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5.3 SUBCONTRACTUAL RELATIONS
5.3.1 By appropriate agreement, written where legally required
for validity I the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor,
to be bound to the Contractor by terms of the Contract Docu-
ments, and to assume toward the Contractor all the obligations
and responsibilities which the Contractor, by these Docu-
ments, assumes toward the Owner and Architect. Each subcon-
tract agreement shall preserve and protect the rights of the
Owner and Architect under the Contract Documents with
respect to the Work to be performed by the Subcontractor so
that subcontracting thereof will not prejudice such rights, and
shall allow to the Subcontractor, unless specifically provided
otherwise in the subcontract agreement, the benefit of all
rights, remedies and redress against the Contractor that the
Contractor, by the Contract Documents, has against the
Owner. Where appropriate, the Contractor shall require each
Subcontractor to enter into similar agreements with Sub-sub~
contractors. The Contractor shall make available to each pro-
posed Subcontractor, prior to the execution of the subcontract
agreement, copies of the Contract Documents to which the
Subcontractor will be bound, and, upon written request of the
Subcontractor, identify to the Subcontractor terms and condi-
tions of the proposed subcontract agreement which may be at
variance with the Contract Documents. Subcontractors shall
similarly make copies of applicable portions of such documents
available to their respective proposed Sub-subcontractors.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
5.4.1 Each subcontract agreement for a portion of the Work is
assigned by the Contractor to the Owner provided that:
.1 assignment is effective only after termination of the
Contract by the Owner for cause pursuant to Para-
graph 14.2 and only for those subcontract agreements
which the Owner accepts by notifying the Subcon-
tractor in writing; and
.2 assignment is subject to the prior rights of the surety,
if any, obligated under bond relating to the Contract.
5.4.2 If the Work has been suspended for more than 30 days,
the Subcontractor's compensation shall be equitably adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER
OR BY SEPARATE CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION
AND TO AWARD SEPARATE CONTRACTS
6.1 ~ 1 The Owner reserves the right to perform construction or
operations related to the Project with the Owner's own forces,
and to award separate contracts in connection with other por-
tions of the Project or other construction or operations on the
site under Conditions of the Contract identical or substantially
similar to these including those portions related to insurance
and waiver of subrogation. If the Contractor claims that delay
or additional cost is involved because of such action by the
Owner, the Contractor shall make such Claim as provided else-
where in the Contract Documents.
6.1.2 When separate contracts are awarded for different por-
tions of the Project or other construction or operations on the
site, the term "Contractor" in the Contract Documents in each
case shall mean the Contractor who executes each separate
Owner-Contractor Agreement.
.
6.1.3 The Owner shall provide for coordination of the activi-
ties of the Owner's own forces and of each separate contractor
with the Work of the Contractor, who shall cooperate with
them. The Contractor shall participate with other separate con-
tractors and the Owner in reviewing their construction sched-
ules when directed to do so. The Contractor shalL make any
revisions to the construction schedule and Contract Swn
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 Contractu Documents,
when the Owner performs construction or operations related
to the Project with the Owner's o.wn forces, the Owner shall be
deemed to be subject to the same obligations and to have the
same rights which apply to the Contractor under the Condi-
tions of the Contract, including, without excluding others,
those stated in Article 3, this Article 6 and Articles 10, 11
and 12.
6.2 MUTUAL RESPONSIBIUTY
6.2.1 The Contractor shall afford the Owner and separate con-
tractors reasonable opportunity for introduction and storage of
their materials and equipment and performance of their activi-
ties and shall connect and coordinate the Contractor's con~
struction and operations with theirs as required by the Contract
Documents.
6.2.2 If part of the Contractor's Work depends for proper
execution or results upon construction or operations by the
Owner or a separate contractor, the Contractor shall, prior to
proceeding with that portion of the Work, promptly report to
the Architect apparent discrepancies or defects in such other
construction that would render it unsuitable for such proper
execution and results: Failure of the Contractor so to report
shall constitute an acknowledgment that the Owner's or sepa-
rate contractors' completed or partially completed construction
is fit and proper to receive the Contractor's Work, except as to
defects not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities
or defective construction shall be borne by the party responsi-
ble therefor.
6.2.4 The Contractor shall promptly remedy damage wrong-
fully caused by the Contractor to completed or partially com-
pleted construction or to property of the Owner or separate
contractors as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question
between the Contractor and a separate contractor shall be sub~
ject to the provisions of Paragraph 4.3 provided the separate
contractor has reciprocal obligations.
6.2.6 The Owner and each separate contractor shall have the
same responsibilities for cutting and patching as are described
for the Contractor in Paragraph 3.14.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises among the Contractor, separate con-
tractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and surround-
ing area free from waste materials and rubbish as described in
Paragraph 3.15, the Owner may clean up and allocate the cost
among those responsible as the Architect determines to be just.
14
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ARTICLE 7
CHANGES IN THE WORK
7.1 CHANGES
7.1.1 Changes in the Work may be accomplished after execu-
tion of the Comract, and without invalidating the Contract, by
Change Order, Construction Change Directive or order for a
minor change in the Work, subject to the limitations stated in
this Article 7 and elsewhere in the Contract Documents.
7.1.2 A Change Order shall be based upon agreement among
the Owner, Contractor and Architect; a Construction Change
Directive requires agreement by the Owner and Architect and
mayor may not be agreed to by the Contractor; an order for a
minor change in the Work may be issued by the Architect
alone.
7.1.3 Changes in the Work shaH be performed under appli-
cable provisions of the Contract Documents, and the Contrac-
tor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a
minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or
subsequently agreed upon, and if quantities originally con-
templated are so changed in a proposed Change Order or Con-
struction Change Directive that application of such unit prices
to quantities of Wark proposed will cause substantial inequity
to the Owner or Contractor, the applicable unit prices shall be
equitably adjusted.
7.2 CHANGE ORDERS
7.2.1 A Change Order is a written instrument prepared by the
Architect and signed by the Owner, Contractor and Architect,
stating their agreement upon all of the following;
.1 a change in: the Work;
.2 the amount of the adjustment in the Contract Sum, if
any; and
.3 the extent of the adjustment in the Contract Time, if
any.
7.2.2 Methods used in determining adjustments to the Contract
Sum may include those listed in Subparagraph 7.3.3.
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive is a written order pre-
pared by the Architect and signed by the Owner and Architect,
directing a change in the Work and stating a proposed basis for
adjustment, if any, in the Contract Sum or Contract Time, or
both. The Owner may by Construction Change Directive,
without invalidating the Contract, order changes in the Work
within the general scope of the Contract consisting of addi-
tions, deletions or other revisions, the Contract Sum and Con-
tract Time being adjusted accordingly.
7.3.2 A Construction Change Directive shall be used in the
absence of total agreement on the terms of a Change Order.
7.3.3 If the Construction Change Directive provides for an
adjustment to the Contract Sum, the adjustment shall be based
on one of the following methods:
.1 mutual acceptance of a lump sum 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 parties and a mutually acceptable ftxed or percent-
age fee; or
.4 as provided in Subparagraph 7.3.6.
7.3.4 Upon receipt of a Construction Change Directive, the
Contractor shall promptly proceed with the change in the
Wark involved and advise the Architect of the Contractor' 5
agreement or disagreement with the method, if any, provided
in the Construction Change Directive for determining the pro-
posed adjustment in the Contract Sum or Contract Time.
7.3.5 A Construction Change Directive signed by the Contrac-
tor indicates the agreement of the Contractor therewith, includ-
ing adjustment in Contract Sum and Contract Time or the
method for determining them. Such agreement shall be effec-
tive immediately and shall be recorded as a Change Order'.
7.3.6 If the Contractor does not respond promptly or disagrees
with the method for adjustment in the Contract Sum, the
method and the adjustment shall be determined by the Archi~
tect on the basis of reasonable expenditures and savings of
those performing the Work attributable to the change, indud.
ing, in case of an increase in the Contract Sum, a reasonable
allowance for overhead and profit. In such case, and also under
Clause 7.3.3.3, the Contractor shall keep and present, in such
form as the Architect may prescribe, an itemized accounting
together with appropriate supporting data. Unless otherwise
provided in the Contract Documents, costs for the purposes of
this Subparagraph 7.3.6 shaH be limited to the foHowing,
.1 costs of labor, including social security, old age and
unemployment insurance, fringe beneftts required by
agreement or custom, and workers' or workmen's
compensation insurance;
.2 costs of materials, supplies and equipment, includ-
ing cost of transportation, whether incorporated or
consumed;
.3 rental costs of machinery and equipment, exclusive of
hand tools, whether rented from the Contractor or
others;
.4 costs of premiums for all bonds and insurance, permit
fees, and sales, use or similar taxes related to the
Wark; and
.5 additional costs of supervision and field office person-
nel direc[ly attributable to the change.
7.3.7 Pending fmal determination of cost to the Owner,
amounts not in dispute may be included in Applications for
Payment. The amount of credit to be allowed by the Contrac-
tor to the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual net cost as con-
firmed by the Architect. When both additions and credits
covering related Work or substitutions are involved in a
change, the allowance for overhead and profit shall be figured
on the basis of net increase, if any, with respect to that change.
7.3.8 If the Owner and Contractor do not agree with the
adjustment in Contract Time or the method for determining it,
the adjustment or the method shall be referred to the Architect
for determination.
7.3.9 When the Owner and Contracwr agree with the deter-
mination made by the Architect concerning the adjustments in
the Contract Sum and Contract Time, or orherwise 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.
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7.4
MINOR CHANGES IN THE WORK
7.4.1 The Architect will have authority to order minor changes
in the Work not involving adjustment in the Contract 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 DEANmONS
8.1.1 Unless otherwise provided, Contract Time is the period
of time, including authorized adjustments, allotted in the Con-
tract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date
established in the Agreement. The date shall not be postponed
by the failure to act of the Contractor or of persons or entities
for whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified
by the Architect in accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Comract 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 confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agree-
ment or instruction of the Owner in writing, prematurely com-
mence operations on the site or elsewhere prior to the effective
date of insurance required by Article 11. to be furnished by the
Contractor. The date of commencement of the Work shall not
be changed by the effective date of such insurance. Unless the
date of commencement is established by a notice to proceed
given by the Owner, the Contractor shall notify the Owner in
writing not less than five days or other agreed period before
commencing the Work to permit the timely filing of mortgages,
mechanic's liens and other security interests.
8.2.3 The Contractor shall proceed expeditiously with ade-
quate forces and shall achieve Substantial Completion within
the Contract Time.
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 If the Contractor is delayed at any time in progress of the
Work by an act or neglect of the Owner or Architect, or of an
employee of either, or of a separate contractor employed by
the Owner, or by changes ordered in the Work, or by labor
disputes, fire, unusual delay in deliveries, unavoidable casualties
or other causes beyond the Contractor's control, or by delay
authorized by the Owner pending arbitration, or by other
causes which the Architect determines may justify delay, then
the Contract Time shall be extended by Change Order for such
reasonable time as the Architect may determine.
8.3.2 Claims relating to time shall be made in accordance with
applicable provisions of Paragraph 4.3.
8.3.3 This Paragraph 8.3 does not preclude recovery of dam-
ages for delay by either party under other provisions of the
Contract Documents.
.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum is stated in the Agreement and, indud-
ing authorized adjustments, is the total amount payable by the
Owner to the Contractor for performance of the Work under
the Contract Documents.
9.2 SCHEDULE OF VALUES
9.2.1 Before the first Application for Payment, the Contractor
shall submit to the Architect a schedule of values allocated to
various portions of the Work, prepared in such form and sup-
ported by such data to substantiate its accuracy as the Architect
may require. This schedule, unless objected to by the Architect,
shall be used as a basis for reviewing the Contractor's Applica-
tions for Payment.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 At least ten days before the date established' for each
progress payment, the Contractor shall submit to the Architect
an itemized Application for Payment for operations completed
in accordance with the schedule of values. Such application
shall be notarized, if required, and supported by such data
substantiating the Contractor's right to payment as the Owner
or Architect may require, such as copies of requisitions from
Subcontractors and material suppliers, and reflecting retainage
if provided for elsewhere in the Contract Documents.
9.3.1.1 Such applications may include requests for payment on
account of changes in the Wark which have been properly
authorized by Construction Change Directives but not yet
included in Change Orders.
9.3.1.2 Such applications may not include requests for pay-
ment of amounts the Contractor does not intend to pay to a
Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless mherwise provided in the Contract Documents,
payments shall be made on account of materials and equipment
delivered and suitably stored at the site for subsequent incor-
poration in the Work. If approved in advance by the Owner,
payment may similarly be made for materials and equipment
suitably stored off the site at a location agreed upon in writing.
Payment for materials and equipment stored on or off the site
shall be conditioned upon compliance by the Contractor with
procedures satisfactory to the Owner to establish the Owner's
title to such materials and equipment or otherwise protect the
Owner's interest, and shall include applicable insurance,
storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by
an Application for Payment will pass to the Owner no later than
the time of payment. The Contractor further warrants that
upon submittal of an Application for Payment all Work for
which Certificates for Payment have been previously issued
and payments received from the Owner shall, to the best of the
Contractor's knowledge, information and belief, be free and
clear of liens, claims, security interests or encumbrances in
favor of the Contractor, Subcontractors, material suppliers, or
other persons or entities making a claim by reason of having
provided labor, materials and equipment relating to the Work.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect will, within seven days after receipt of the
Contractor's Application for Payment, either issue to the
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Owner a Cenificate for Payment, with a copy to the Contrac-
tor, for such ambunt as the Architect determines is properly
due, or notify the Contractor and Owner in writing of the
Architect's reasons for withholding certification in whole or in
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 accor-
dance with the Contract Documents. The foregoing representa-
tions are subject to an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to
results of subsequent tests and inspections, to minor deviations
from the Contract Documents correctable prior to completion
and to specific qualifications expressed by the Architect. The
issuance of a Certificate for Payment will further constitute a
representation that the Contractor is entitled to payment in the
amount certified. However, the issuance of a Certificate for Pay-
ment will not be a representation that the Architect has (1)
made exhaustive or continuous on-site inspections to check the
quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3)
reviewed copies of requisitions received from Subcontractors
and material suppliers and other data requested by the Owner
to substantiate the Contractor's right to payment or (4) made
examination to ascertain how or for what purpose the Contrac-
tor has used money previously paid on account of the Contract
Sum.
9.5 DECISIONS TO WITHHOLD CERTIFICATION
9.5.1 The Architect may decide not to certify payment and
may withhold a Certificate for Payment in whole or in part, to
the extent reasonably necessary to protect the Owner, if in the
Architect's opinion the representations to the Owner required
by Subparagraph 9.4.2 cannot be made. If the Architect is
unable to certify payment in the amount of the Application, the
Architect will notify the Contractor and Owner as provided in
Subparagraph 9.4.1. If the Contractor and Architect cannot
agree on a revised amount, the Architect will promptly issue a
Certificate for Payment for the amount for which the Architect
is able to make such representations to the Owner. The Archi-
tect may also decide not to certify payment or, because of
subsequently discovered evidence or subsequent observations,
may nullify the whole or a part of a Certificate for Payment
previously issued, to such extent as may be necessary in the
Architect's opinion to protect the Owner from loss because of:
.1 defective Work not remedied;
.2 third party 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 unpaid balance of the Contract Sum;
.5 damage to the Owner or another contractorj
.6 reasonable evidence that the Work will not be com-
pleted within the Contract Time, and that the unpaid
balance would not be adequate to cover actual or
liquidated damages for the anticipated delay; or
.7 persistent failure to carry out the Work in accordance
with the Contract Documents.
.
9.5.2 When the above reasons for withholding certification are
removed, certification will be made for amounts previously
withheld.
9.6 PROGRESS PAYMENTS
9.6.1 After the Architect has issued a Certificate for Payment,
the Owner shall make payment in the manner and within the
time provided in the Contract Documents, and shall so notify
the Architect.
9.6.2 The Contractor shall promptly pay each Subcontractor,
upon receipt of payment from the Owner, out of the amount
paid to the Contractor on account of such Subcontractor's por-
tion of the Work, the amount to which said Subcontractor is
entitled, reflecting percentages actually retained from payments
to the Contractor on account of such Subcontractor's portion
of the Work. The Contractor shall, by appropriate agreement
with each Subcontractor, require each Subcontractor to make
payments to Sub-subcontractors in similar manner.
9.6.3 The Architect will, on request, furnish to a Subcontrac-
tor, if practicable, information regarding percentages of com-
pletion or amounts applied for by the Contractor and action
taken thereon by the Architect and Owner on account of por-
tions of the Work done by such Subcontractor.
9.6.4 Neither the Owner nor Architect shall have an obligation
to payor to see to the payment of money to a Subcontractor
except as may otherwise be required by law.
9.6.5 Payment to material suppliers shall be treated in a manner
similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or partial
or entire use or occupancy of the Project by the Owner shall
not constitute acceptance of Work not in accordance with the
Contract Documents.
9.7 FAILURE OF PAYMENT
9.7.1 If the Architect does not issue a Certificate for Payment,
through no fault of the Contractor, within seven days after
receipt of the Contractor's Application for Payment, or if the
Owner does not pay the Contractor within seven days after the
date established in the Contract Documents the amount cer-
tified by the Architect or awarded by arbitration, then the Con-
tractor may, upon seven additional days' written notice to the
Owner and Architect, stop the Work until payment of the
amount owing has been received. The Contract Time shall be
extended appropriately and the Contract Sum shall be
increased by the amount of the Contractor's reasonable costs of
shut-down, delay and start-up, which shall be accomplished as
provided in Article 7.
9.8 SUBSTANTIAL COMPLETION
9.8.1 Substantial Completion is the stage in the progress of the
Wark 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 Wark for its intended
use.
9.8.2 When the Contractor considers that the Work, or a por-
tion thereof which the Owner agrees to accept separately; . is
substantially complete, the Contractor shall prepare and submit
to the Architect a comprehensive list of items to be completed
or corrected. The Contractor shall proceed promptly 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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oated portion thereof is substantially complete. If the
Architect's inspection discloses any item, whether or not
included on the Contractor's list, which is not in accordance
with the requirements of the Contract Documents, the Contrac-
tor shall, before issuance of the Certificate of Substantial Com-
pletion, complete or correct such item upon notification by the
Architect. The Contractor shall then submit a request for
another inspection by the Architect to determine Substantial
Completion. When the Work or designated portion thereof is
substantially complete, the Architect will prepare a Certificate
of Substantial Completion which shall establish the date of Sub-
stantial Completion, shall establish responsibilities of the
Owner and Contractor for security, maintenance, heat, utilities,
damage to the Wark and insurance, and shall fix the time
within which the Contractor shall finish all items on the list
accorppanying the Certificate. Warranties required by the Con~
tract Documents shall commence on the date of Substantial
Completion of the Work or designated portion thereof unless
otherwise provided in the Certificate of Substantial Comple-
tion. The Certificate of Substantial Completion shall be sub-
mitted to the Owner and Contractor for their written accep~
tance of responsibilities assigned to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated
portion thereof and upon application by the Contractor and
certification by the Architect, the Owner shall make paymem,
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-
tiaUy 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
partial occupancy or use may commence whether or not the
portion is substantially complete, provided the Owner and
Contractor have accepted in writing the responsibilities
assigned to each of them for payments, retainage if any, secu-
rity, maintenance, heat, utilities, damage to the Work and insur-
ance, and have agreed in writing concerning the period for cor~
rection of the Work and commencement of warranties
required by the Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor shall
prepare 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 final inspection and acceptance and upon receipt of a final
Application for Payment, the Architect will promptly make
.
such inspection and, when the Architect finds the Work accept-
able under the Contract Documents and the Contract fully per-
formed, the Architect will promptly issue a final Certificate for
Payment stating that to the best of the Architect's knowledge,
information and belief, and on the basis of the Architect's
observations and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Docu-
ments and that the entire balance found to be due the Contrac-
tor and noted in said final Certificate is due and payable. The
Architect's final Certificate for Payment will constitute a further
representation that conditions listed in Subparagraph 9.10.2 as
precedent to the Contractor's being entitled to final payment
have been fulfilled.
9.10.2 NeHher final payment nor any remaining retained
percentage shall become due umit the Contractor submits to
the Architect (1) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the Work
for which the Owner or the Owner's property might be
responsible or encumbered (less amounts withheld by Owner)
have been paid or otherwise satisfied, (2) a certificate evidenc-
ing that insurance required by the Contract Documents to
remain in force after fmal payment is currently in effect and will
not be cancelled or allowed to expire until at least 30 days'
prior written notice has been given to the Owner, (3) a written
statement that the Contractor knows of no substantial reason
that the insurance will not be renewable to cover the period
required by the Contract Documents, (4) consent of surety, if
any, to final payment and (5), if required by the Owner, other
data establishing payment or satisfaction of obligations, such as
receipts, releases and waivers of liens, claims, security interests
or encumbrances arising out of the Contract, to the extent and
in such form as may be designated by the Owner. If a Subcon-
tractor refuses to furnish a release or waiver required by the
Owner, the Contractor may furnish a bond satisfactory to the
Owner to indemnify the Owner against such lien. If such lien
remains unsatisfied after payments are made, the Contractor
shall refund to the Owner all money that the Owner may be
compelled to pay in discharging such lien, including all costs
and reasonable attorneys' fees.
9.10.3 If, after Substantial Completion of the Work, fmal com-
pletion thereof is materially delayed through no fault of the
Contractor or by issuance of Change Orders affecting final
completion, and the Architect SO confirms, the Owner shall,
upon application by the Contractor and certification by the
Architect, and without terminating the Contract, make payment
of the balance due for that portion of the Work fully completed
and accepted. If the remaining balance for Work not fully com-
pleted or corrected is less than retainage stipulated in the Con-
tract Documents, and if bonds have been furnished, the written
consent of surety to payment of the balance due for that por-
tion of the Work fully completed and accepted shall be submit-
ted by the Contractor to the Architect prior to certification of
such payment. Such payment shall be made under terms and
conditions governing final payment, except that it shall not
constitute a waiver of claims. The making of final payment shall
constitute a waiver of claims by the Owner as provided in Sub-
paragraph 4.3.5.
9.10.4 Acceptance of final payment by the Contractor, a Sub-
contractor or material supplier shall constitute a waiver of
claims by that payee except those previously made in writing
and identified by that payee as unsettled at the time of final
Application for Payment. Such waivers shall be in addition to
the waiver described in Subparagraph 4.3.5.
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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 harmless, the
Contractor shall immediately stop Work in the area affected
and report the condition to the Owner and Architect in writing,
The Wark in the affected area shall not thereafter be resumed
except by written agreement of the Owner and Contractor if in
fact the material is asbestos or polychlorinated biphenyl (PCB)
and has not been rendered harmless. The Work in the affected
area shall be resumed in the absence of asbestos or polychlori-
nated biphenyl (PCB), or when it has been rendered harmless,
by written agreement of the Owner and Contractor, or in
accordance with fmal determination by the Architect on which
arbitration has not been demanded, or by arbitration under
Article 4.
1 0.1.3 The Contractor shall not be required pursuant to Article
7 to perform without consent any Work relating to asbestos or
polychlorinated biphenyl (PCB).
10.1.4 To the fullest extent permitted by law, the Owner shall
indemnify and hold harmless the Contractor, Architect, Archi-
tect's consultants and agents and employees of any of them
from and against claims, damages, losses and expenses, includ-
ing but not limited to attorneys' fees, arising out of or resulting
from performance of the Work in the affected area if in fact the
material is asbestos or polychlorinated biphenyl (PCB) and has
not been rendered harmless, provided that such claim, damage,
loss or expense is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property
(other than the Work itself) including loss of use resulting
therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Owner, anyone directly or
indirectly employed by the Owner or anyone for whose acts
the Owner may be liable, regardless of whether or not such
claim, damage, loss or expense is caused in part by a party
indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person
described in this Subparagraph 10.1.4.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall take reasonable precautions for
safety of, and shall proVide reasonable protection to prevent
damage, injury or loss to:
.1 employees on the Work and other persons who may
be affected thereby;
.2 the Work and materials and equipment to be incorpo-
rated therein, whether in storage on or off the site,
under care, custody or control of the Contractor or
the Contractor's Subcontractors or Sub-subcontrac-
tors; and
.3 other property at the site or adjacent thereto, such as
trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relo-
cation or replacement in the course of construction.
.
10.2.2 The Contractor shall give notices and comply with
applicable laws, ordinances, rules, regulations and lawful orders
of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by
existing conditions and performance of the Contract, reason-
able safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating
safety regulations and notifying owners and users of adjacent
sites and utilities.
10.2.4 When use or storage of explosives or other hazardous
materials or equipment or unusual methods are necessary for
execution Of the Wark, the Contractor shall exercise uunost
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 property insurance
required by the Contract Documents) to property referred to in
Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the
Contractor, a Subcontractor, a Sub-subcontractor. or anyone
directly or indirectly employed by any of them, or by anyone
for whose acts they may be liable and for which the Comractor
is responsible under Clauses 10.2.1.2 and 10.2.1.3, except
damage or loss attributable to acts or omissions of the Owner
or Architect or anyone directly or indirectly employed by
either of them, or by anyone for whose acts either of them may
be liable, and not attributable to the fault or negligence of the
Contractor. The foregoing obligations of the Contractor are in
addition to the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of
the Contractor's organization at the site whose duty shall be the
prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor
in writing to the Owner and Architect.
10.2.7 The Contractor shall not load or permit any part of the
construction or site to be loaded so as to endanger its safety.
10.3 EMERGENCIES
10.3.1 In an emergency affecting safety of persons or property,
the Contractor shall act, at the Contractor's discretion. to pre-
vent threatened damage, injury or loss. Additional compensa-
tion or extension ofUme claimed by the Contractor on account
of an emergency shall be determined as provided in Paragraph
4.3 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shall purchase from and maintain in a
company or companies lawfully authorized to do business in
the jurisdiction in which the Project is located such insurance as
will protect the Contractor from claims set forth below which
may arise out of or result from the Contractor's operations
under the Comract and for which the Contractor may be legally
liable, whether such operations be by the Contractor or by a
Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be
liable:
.1 claims under workers' or workmen's compensation,
disability benefit and other similar employee benefit acts
which are applicable 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 of the Contractor's
employees;
.3 claims for damages because of bodily injury, sickness
or disease, or death of any person other than the Con-
tractor's employees;
.4 claims for damages insured by usual personal injury
liability coverage which are sustained (1) by a person
as a result of an offense directly or indirectly related to
employment of such person by the Contractor, or (2)
by another person;
.5 claims for damages, other than to the Work itself,
because of injury to or destruction of tangible prop-
erty, including loss of use resulting therefrom;
.6 claims for damages because of bodily injury, death of
a person or property damage arising out of owner-
ship, maintenance or use of a motor vehicle; and
.7 claims involving contractual liability insurance appli.
cable to the Contractor's obligations under Paragraph
3.18.
11.1.2 The insurance required by Subparagraph 11. 1.1 shall be
written for not less than limits of liability specified in the Con-
tract Documents or required by law, whichever coverage is
greater. Coverages, whether written on an occurrence or
claims-made basis, shall be maintained without interruption
from date of commencement of the Work until date of final
payment and ,termination of any coverage required to be main-
tained after final payment.
11.1.3 Certificates of Insurance acceptable to the Owner shall
be f1led with the Owner prior to commencement of the Work.
These Certificates and the insurance policies required by this
Paragraph 1 1.1 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 fmal payment and are reason-
ably available, an additional certificate evidencing continuation
of such coverage shall be submitted with the final Application
for Payment as required by Subparagraph 9.10.2. Information
concerning reduction of coverage shall be furnished by the
Contractor with reasonable promptness in accordance with the
Contractor's information and belief.
11.2 OWNER'S LIABILITY INSURANCE
11.2.1 The Owner shall be responsible for purchasing and
maintaining the Owner's usual liability insurance. Optionally,
the Owner may purchase and maintain other insurance for self-
protection against claims which may arise from operations
under the Contract. The Contractor shall not be responsible
for purchasing and maintaining this optional Owner's liability
insurance unless specifically required by the Contract
Documents.
11.3 PROPERTY INSURANCE
11.3.1 Unless otherwise provided, the Owner shall purchase
and maintain, in a company or companies lawfully authorized
to do business in the jurisdiction in which the Project is
located, property insurance in the amount of the initial Con-
tract Sum as well as subsequent modifications thereto for the
entire Work at the site on a replacement cost basis without vol-
untary deductibles. Such property insurance shall be main-
tained, unless otherwise provided in the Contract Documents
or otherwise agreed in writing by all persons and entities who
are beneficiaries of such insurance, until final payment has been
made as provided in Paragraph 9.10 or until no person or entity
.
other than the Owner has an insurable interest in the property
required by this Paragraph 11.3. to be covered, whichever is
earlier. This insurance shall incJude interests of the Owner, the
Contractor, Subcontractors and Sub-subcontractors in the
Work.
11.3.1.1 Property insurance shall be on an all-risk policy form
and shall insure against the perils of fire and extended coverage
and physical loss or damage including, without duplication of
coverage, theft, vandalism, malicious mischief, collapse, false-
work, temporary buildings and debris removal including
demolition occasioned by enforcement of any 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 property insurance requires minimum deducti-
bles and such deductibles are identified in the Contract Docu-
ments, the Contractor shall pay costs not covered because of
such deductibles. If the Owner or insurer increases the required
minimum deductibles above the amounts so identified or if the
Owner elects to purchase this insurance with voluntary deduc-
tible amounts, the Owner shall be responsible for payment of
the additional costs not covered because of such increased or
voluntary deductibles. If deductibles are not identified in the
Contract Documents, the Owner shall pay costs not covered
because of deductibles.
11.3.1.4 Unless otherwise provided in the Contract Docu-
ments, this property insurance shall cover portions of the Work
stored off the site after written approval of the Owner at the
value established in the approval, and also portions of the Work
in transit.1
11.3.2 Boller and Machinery Insurance. The Owner shall
purchase and maintain boiler and machinery insurance
required by the Contract Documents or by law, which shall
specifically cover such insured objects during installation and
until final acceptance by the Owner; this insurance shall include
interests of the Owner, Contractor, Subcontractors and Sub.
subcontractors in the Work, and the Owner and Contractor
shall be nkmed insureds.
11.3.3 Loss of Use Insurance. The Owner, at the Owner's
option, may purchase and maintain such insurance as wiIl
insure the Owner against loss of use of the Owner's property
due to fire or other hazards, however caused. The Owner
waives all rights of action against the Contractor for loss of use
of the Owner's property, including consequential losses due to
fire or other hazards however caused.
11.3.4 If the Contractor requests in writing that insurance for
risks other than those described herein or for other special haz-
ards be included in the property insurance policy, the Owner
shall, if possible, include such insurance, and the cost thereof
shall be charged to the Contractor by appropriate Change
Order.
20 A201-1987
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11.3.5 If during the Project construction period the Owner
insures properties, real or personal or both, adjoining or adja-
cent to the site. by . property insurance under policies separate
from those insuring the Project, or if after fmal payment prop~
erty insurance is to be provided on thecomp1eted ProjeCt
through a policy or policies other than those insuring the Proj-
ect during the construction period, the Owner shall waive all
rights in accordance with the terms of Subparagraph 11.3.7 for
damages caused by fire or other perils covered by this separate
property insurance. All separate policies shall provide this
waiver of subrogation by endorsement or otherwise.
11.3.6 Before an exposure to loss may occur, the Owner shall
me with the Contractor a copy of ,each policy that includes
insurance coverages required by this Paragraph 11.3. Each
policy_ shall. contain all generally applicable conditions, defmi-
tions, exclusions,and endorsements related to this Project. Each
policy shall contain a provision that _ the policy will not be
cancelled or allowed to expire until at least 30 days' prior writ-
ten notice has been given to the Contractor.
11.3.7 Waivers of Subrogation. The Owner and Contractor
waive all rights against (1) each other and any of their subcon-
tractors, sub-subcontractors, agents and employees, each of the
other, and (2) the Architect, Architect's consultants, separate
contractors described in Article 6, if any, and any of their sub-
contractors, sub-subcontractors, agents and employees, for
damages caused by fire or other perils to the extent covered by
property insurance obtained pursuant to this Paragraph 11.3 or
other property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the
Owner as fiduciary. The Owner or Contractor, as appropriate,
shall require of the Architect, Architect's consultants, separate
contractors described in Article 6, if any, and the subcontrac~
tors, sub-subcontractors, agents and employees of any of them,
by appropriate agreements, written where legally required for
validity, similar waivers each in favor of other parties enum-
erated herein. The policies shall provide such waivers of subro-
gation by endorsement or otherwise. A waiver of subrogation
shall be effective as to a person or entity even though that per-
son or entity would otherwise have a duty of indemnification,
contractual or otherwise, did not pay the insurance premium
directly or indirectly, and whether or not the person or entity
had an insurable interest in the property damaged.
11.3.8 A loss insured under Owner's property insurance shall
be adjusted by tht; Owner as fiduciary and made payable to the
Owner as fiducIary for the insureds, as their interests may
appear, subject to requirements of any applicable mortgagee
clause and of Subparagraph 11.3.10. The Contractor shali pay
Subcontractors their just shares of insurance proceeds received
by the Contractor, and by appropriate agreements, written
where legally required for validity, shall require Subcontractors
to make payments to their Sub-subcontractors in similar
manner.
11.3.9 If required in writing by a party in interest, the Owner
as fiduciary shall, upon occurrence of an insured loss, give
bond for proper performance of the Owner's duties. The cost
of required bonds shall be charged against proceeds received as
fiduciary. The Owner shall deposit in a separate account pro-
ceeds so received, which the Owner shall distribute in accor~
dance with such agreement as the parties in interest may reach,
or in accordance with an arbitration award in which case the
procedure shall be as provided in Paragraph 4.5. If after such
loss no other special agreement is made, replacement of dam-
aged property shall be covered by appropriate Change Order.
.
11.3.10 The Owner as fiduciary shall have power to adjust and
settle a loss with insurers unless one of the parties in interest
shall obje<:t in writing within five days after occurrence of Joss
to the Owner's exercise of this power; if such objection be
made, arbitrators shall be chosen as provided in Paragraph 4,5.
The Owner as fiduciary shall, in that case, make settlement with
insurers in accordance with directions of such arbitrators. If
distribution of insurance proceeds by arbitration is required,
the arbitrators will direct such distribution.
11.3.11 Partial occupancy or use in accordance with Paragraph
9.9 shall not commence until the insurance company or com-
panies providing property insurance have consented to such
partial occupancy or use by endorsement or otherwise. The
Owner and th;e Contractor shall take reasonable steps to obtain
consent of the insurance company or companies and shall,
without mutual written consent, take no action with respect to
partial occupancy or use that would cause cancellation, lapse or
reduction of insurance.
11.4 PERFORMANCE BOND AND PAYMENT BOND
11.4.1 The Owner shall have the right to require the Contrac-
tor to furnish bonds covering faithful performance of the Con-
tract and payment of obligations arising thereunder as stipu-
lated in bidding requirements or specifically required in the
Contract Documents on the date of execution of the Contract.
11.4.2 Upon the request of any person or entity appearing to
be a potential beneficiary of bonds covering payment of obliga-
tions arising under the Contract, the Contractor shall promptly
furnish a copy of the bonds or shall permit a copy to be made.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 If a portion of the Work is covered contrary to the
Architect's request or to requirements specifically expressed in
the Contract Documents, it must, if required in writing by the
Architect, be uncovered for the Architect's observation and be
replaced at the Contractor's expense without change in the
Contract Time.
12.1.2 If a ponion of the Work has been covered which the
Architect has not specifically requested to observe prior to its
being covered, the Architect may request to see such Work and
it shall be uncovered by the Contractor. If such Work is in
accordance with the Contract Documents, costs of uncover-
ing and replacement shall, by appropriate Change Order,. be
charged to the Owner. If such Work is not in accordance with
the Contract Documents, the Contractor shall pay such costs
unless the condition was caused by the Owner or a separate
contractor in which event the Owner shall be responsible for
payment of such costs.
12.2 CORRECTION OF WORK
12.2.1 The Contractor shall promptly correct Work rejected
by the Architect or failing to conform to the requirements of
the Contract Documents, whether observed before or after
Substantial Completion and whether or not fabricated, installed
or completed. The Contractor shall bear costs of correcting
such rejected Work, including additional testing and inspec-
tions and compensation for the Architect's services and
expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Comple-
tion of the Work or designated portion thereof, or after the date
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for commencement of warranties . established under Sub-
paragr:>ph 9.9.1, or by terms of an applicable special warranty
required by the Contract Documents, any of the Work is found
to be not in accordance with the requirements of the Contract
Documents, the Contractor shall correct it promptly after
receipt of written notice from the Owner to do so unless the
Owner has previously given the Contractor a written accep~
tanee of such condition. This period of one year shall be
extended with respect to portions of Wark first performed after
Substantial Completion by the period of time between Substan-
tial Completion and the actUal performance of the Work. This
obligation under this Subparagraph 12.2.2 shall survive accep-
tance of the Work under the Contract and termination of the
Contract. The Owner shall give such notice promptly after dis.
covery of the condition.
12.2.3 The Contractor shall remove from the site portions of
the Work which art: not in accordance with the requirements
of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work
within a reasonable time, the Owner may correct it in accor~
dance with Paragraph 2.4. If the Contractor does not proceed
with correction of such nonconforming Work within a reason-
able time fixed by written notice from the Architect, the Owner
may remove it and store the salvable materials or equipment at
the Contractor's expense. If the Contractor does not pay costs
of such removal and storage within ten days. after written
notice, the Owner may upon ten additional days' written
notice sell such materials and equipment at auction or at private
sale and shall account for the proceeds thereof, after deducting
costs and damages that should have been borne by the Con-
tractor, including compensation for the Architect's services and
expenses made necessary thereby. If such proceeds of sale do
not cover costs which the Contractor should have borne, tbe
Contract Sum shall be reduced by the deficiency. If payments
then or thereafter due the Contractor are not sufficient to cover
such amount, the Contractor shall pay the difference to the
Owner.
12.2.5 The Contractor shall bear the cost of correcting
destroyed or damaged construction, whether completed or
partially completed, of the Owner or separate contractors
caused by the Contractor's correction or removal of Work
which is not in accordance with the requirements of the Con-
tract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be con-
strued to establish a period of limitation with respect to other
obligations which the Contractor might have under the Con-
tract Documents. Establishment of the time period of one year
as described in Subparagraph 12.2.2 relates only to the specific
obligation of the Contractor to correct the Work, and has no
relationship to ~he time within which the obligation to comply
with the Contract Documents may be sought to be enforced,
nor to the time within which proceedings may be commenced
to establish the Contractor's liability with respect to the Con-
tractor's obligations other than specifically to correct the Work.
12.3 ACCEPTANCE OF NONCONFORMING WORK
12.3.1 If the Owner prefers to accept Work which is not in
accordance with the requirements of the Contract Documents,
the Owner may do so instead of requiring its removal and cor-
rection, in which case the Contract Sum will be reduced as
appropriate and equitable. Such adjustment shall be effected
whether or not final payment has been made.
.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the law of the place
where the Project is located.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Contractor respectively bind them-
selves, their partners, successors, assigns and legal' representa-
tives to the other party hereto and to partners, successors,
assigns and legal representatives of such other party in respect
to covenants, agreements and obligations contained in the Con-
tract Documents. Neither party to the Contract shall assign the
Contract as a whole without written consent of the other. If
either party attempts to make such an assignment without such
consent, that party shall nevertheless remain legally responsible
for all obligations under the Contract.
13.3 WRITTEN NOTICE
13.3.1 Written notice shall be deemed to have been duly
served if delivered in person to the individual or a member of
the firm or entity or to an officer of the corporation for which it
was intended, or if delivered at or sent by registered or certified
mail to the last business address known to the party giving
notice.
13.4 RIGHTS AND REMEDIES
13.4.1 Duties and obligations imposed by the Contract Docu-
ments and rights and remedies available thereunder shall be in
addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Architect or
Contractor shall constitute a waiver of a right or duty afforded
them under the Contr<lct, nor shall such action or failure to <lct
constitute approval of or acquiescence in a breach thereunder,
except as may be specifically agreed in writing.
13.5 TESTS AND INSPECTIONS
13.5.1 Tests, inspections and approvals of portions of the
Work required by the Contract Documents or by laws, ordi-
nances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless other-
wise provided, the Contractor shall make arrangements for
such tests, inspections and approvals with an independent test-
ing laboratory or entity acceptable to the Owner, or with the
appropriate public authority, and shall bear all related costs of
tests, inspections and approvals: The Contractor shall give the
Architect timely notice of when and where tests and inspec-
tions are to be made so the Architect may observe such proce~
duces. The Owner shall bear costs of tests, inspections or
approvals which do not become requirements until after bids
are received or negotiations concluded.
13.5.2 If the Architect, Owner or public authorities having
jurisdiction determine that portions of the Work require addi-
tional testing, inspection or approval not included under Sub-
paragraph 13.5.1, 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
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The Owner shall bear such costs except as provided in Sub-
paragraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval
under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the
ponions of the Work to comply With requirements established
by the Contract Documents, the Contractor shall bear all costs
made necessary by such failure including those of repeated
procedures and compensation for the Architect's senrices and
expenses.
13.5.4 Required certificates of testing, inspection or approval
shall, unless otherwise required by the Contract Documents, be
secured by the Comractor and promptly delivered to the
Architect,
13.5.5 If the Architect is to observe tests, inspections or
approvals required by the Contract Documents, the Architect
will do so promptly and, where practicable, at the normal place
of testing.
13.5.6 Tests or inspections conducted pursuant to the Con-
tract Documents shall be made promptly to avoid unreasonable
delay in the Work.
13.6 INTEREST
13.6.1 Payments due and unpaid under the Contract Docu-
ments shall bear interest from the date payment is due at such
rate as the parties may agree upon in writing or, in the absence
thereof, at the legal rate prevailing from time to time at the place
where the Project is located.
13.7 COMMENCEMENT OF STATUTORY
LIMITATION PERIOD
13.7.1 As between the Owner and Contractor;
.1 Before Substantial Completion. As to acts or failures
to act occurring prior to the relevant date of Substan-
tial Completion, any applicable statute of limitations
shall corrunence to nm and any alleged cause of action
shall be deemed to have accrued in any and all events
not later than such date of Substantial Completion;
.2 Between Substantial Completion and Final Certl1~
cate for Payment. As to acts or failures to act occur-
ring subsequent to the relevant date of Substantial
Completion and prior to issuance of the final Certifi-
cate for Payment, any applicable statute of limitations
shall commence to run and any alleged cause of
action shall be deemed to have accrued in any and all
events not later than the date of issuance of the final
Certificate for Payment; and
.3 After Final Certl1lcate for Payment. As to acts or
failures to act occurring after the relevant date of issu-
ance of the final Certificate for Payment, any appli-
cable statute of limitations shall commence to run and
any alleged cause of action shall be deemed to have
accrued in any and all events not later than the date of
any act or failure to act by the Contractor pursuant to
any warranty provided under Paragraph 3.5, the date
of any correction of the Work or failure to correct the
Work by the Contractor under Paragraph 12.2, or the
date of actual commission of any other act or failure
to perform any duty or obligation by the Contractor
or Owner, whichever occurs last.
.
ARTICLE 14
TERMINATION OR SUSPENSION
OF THE CONTRACT
14.1 TERMINATION BY THE CONTRACTOR
14.1.1 The Contractor may terminate the Contract if the Work
is stopped for a period of 30 days through no act or fault of the
Contractor or a Subcontractor, Sub-subcontractor or their
agents or employees or any other persons performing portions
of the Work under contract with the Contractor, for any of the
following reasons:
.1 issuance of an order of a court or other public author-
ity having jurisdiction;
.2 an act of government, such as a declaration of national
emergency, making material unavailable;
.3 because the Architect has not issued a Certificate for
Payment and has not notified the Contractor of the
reason for withholding certification as provided in
Subparagraph 9.4.1, or because the Owner has not
made payment on a Certificate for Payment within
the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by the
Owner as described in Paragraph 14.3 constitute in
the aggregate more than 100 percent of the total num-
ber of days scheduled for completion, or 120 days in
any 365-ctay period, whichever is less; or
.5 the Owner has failed to furnish to the Contractor
promptly, upon the Contractor's request, reasonable
evidence as required by Subparagraph 2.2.1.
14.1.2 If one of the above reasons exists, the Contractor may,
upon seven additional days' written notice to the Owner and
Architect, terminate the Contract and recover from the Owner
payment for Work executed and for proven loss with respect
to materials, equipment, tools, and construction equipment
and machinery, including reasonable overhead, profit and
damages.
14.1.3 If the Work is stopped for a period of60 days through
no act or fault of the Contractor or a Subcontractor or their
agents or employees or any other persons performing portions
of the Work under contract with the Contractor because the
Owner has persistently faited to fulfill the Owner's obligations
under the Contract Documents with respect to matters impor*
tant to the progress of the Work, the Contractor may, upon
seven additional days' written notice to the Owner and the
Architect, terminate the Contract :md recover from the Owner
as provided in Subparagraph 14.1.2.
14.2 TERMINATION BY THE OWNER FOR CAUSE
14.2.1 The Owner may terminate the Contract if the
Contractor:
.1 persistently or repeatedly refuses or fails to supply
enough properly skilled workers or proper materials;
.2 fails to make payment to Subcontractors for materials
or labor in accordance with the respective agreements
between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, reg-
ulations or orders of a public authority having juris-
diction; or
.4 otherwise is guilty of substantial breach of a provision
of the Contract Documents.
14.2.2 When any of the above reasons exist, the Owner, upon
certification by the Architc.:ct that sufficient cause exists to jus-
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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, severt days' written notice, termi-
nate employment of the Contractor and may, subject to any
prior rights of the surety:
.1 take possession of the site and of all materials, equip-
ment, tools, and construction equipment and machin-
ery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Para-
graph 5.4; and
.3. fInish the Wark by whatever reasonable method the
Owner may deem expedient.
14.2.3 When the Owner terminates the Contract for one of the
reasons stated in Subparagraph 14.2.1, the Contractor shall not
be entitled to receive further payment until the Wark is
fmished.
14.2.4 If the unpaid balance of the Comract Sum exceeds costs
of finishing the Work, including compensation for the Archi-
teet's services and expenses .made necessary thereby, such
excess shall be paid to the Contractor. If such costs exceed the
unpaid balance, the Contractor shall pay the difference to the
.
Owner. The amount to be paid to the Contractor or Owner, as
the case may be, shall be certified by the Architect, upon appli-
cation, and this obligation for payment shall survive termina-
tion of the Contract.
14.3 SUSPENSION BY THE OWNER
FOR CONVENIENCE
14.3.1 The Owner may, without cause, order the Contractor in
writing to suspend, delay or interrupt the Work in whole or in
part for such period of time as the Owner may determine.
14.3.2 An adjustment shall be made for increases in the cost of
performance of the Contract, including profit on the increased
cost of performance, caused by suspension, delay or interrup-
tion. No adjustment shall be made to the extent:
.1 that performance is, was or would have been so sus-
pended, delayed or interrupted by another cause for
which the Contractor is responsible; or
.2 that an equitable adjustment is made or denied ur:tder
another provision of this Contract.
14.3.3 Adjustments made in the cost of performance may have
a mutually agreed fixed or percentage fee.
24 A201.1987
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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 ofthatArticle, paragraph, subparagraph, or clause shall remain
in effect.
ARTICLE 1 through ARTICLE 10
No Change
ARTICLE 11 - INSURANCE AND BONDS
11.1
Contractor's Liability Insurance.
11.1.1
In the first line following the "maintain", insert the words, "in a
company or companies licensed to do business in the state in
which the project is located."
11.1.1
ADD:
.7
Liability insurance shall include all major divisions of
coverage and be on a comprehensive basis including:
(1) Premises - Operations
(2) Independent Contractors Protective.
(3) Products and Completed Operations.
(4) Contractual-including specified provision for the
Contractor's obligations under Paragraph 4.18.
(5) Owned, non-owned, and hired motor vehicles.
(6) Broad form coverage for property damage.
11.1.2 ADD: ... The Contractor shall furnish insurance with the following
minimum limits:
.1 Workers' Compensation
a. State and Federal: Statutory
b. Employer's Liability $ 100,000.
Southold Hamlet Parking Lot
F -1
.
.
.2 Comprehensive General Liability (Including Premises -
Operations; Independent Contractor's Protective;
Products and Completed Operations; Broad form Property
Damage):
a. Bodily Injury: $ 1,000,000 Each Occurrence
$ 1,000,000 Aggregate, Products and Completed
Operations.
b. Property Damage: $ 250,000 Each Occurrence
$ 250,000 Aggregate
c. Products and Completed Operations Insurance
shall be maintained for a minimum period of one
year after final payment and contractor shall
continue to provide evidence of such coverage to
the Town on an annual basis during the
Aforementioned period.
d. Property Damage Liability Insurance shall include
Coverage for the following hazards: C (collapse),
U (underground).
e. Contractual Liability (Hold Harmless Coverage):
f. Personal Injury, with Employment Exclusion deleted:
$ 1,000,000 Aggregate.
.3 Comprehensive Automobile Liability
(owned, non-owned, hired):
a. Bodily Injury: $ 1,000,000 Each Person
$ 1,000,000 Each Accident
b. Property Damage: $ 250,000 Each Occurrence
ARTICLE 12 through ARTICLE 14
No Changes
END OF SECTION:
South old Hamlet Parking Lot
F-2
.
.
GENERAL RELEASE
(To be submitted with requisition for Final Payment)
KNOWN ALL MEN BY THESE PRESENTS
that
for
(Contractor)
and in consideration of the sum of
lawful money of the United States of America, to it in hand paid
(dollars)
by:
(Ownor/Contractlng 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
(Ownor/Contractlng Agoncy)
JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators
hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing
whatsoever, from the beginning of the world to the day of the date of these presents
rising out of the construction, in accordance with the contract entered into
between parties hereto, dated:
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:
Southold Hamlet Parking Lot
G -1
.
.
PREVAILING WAGE RATES
ATTACHMENT
WAGE DETERMINATION
For
Southold Town Department of Public Works
Restoration and Reconstruction
Of the
Southold Hamlet Parking Lot
Located at
State Route 25
SOUTHOLD, New York 11971
(Attach Wage Rate Information Here)
Southold Hamlet Parking Lot
I - 1
IYROLL CERTIFICATION FOR~
(lltl_)
(NlVM of slgnlrtory party}
do hereby state:
1. That I payor supervise the payment of the persons employed by
on the
(ContrackM' or sutJ.Contntctor)
; that during the payroll period commencing
(Project or Work)
on the day of t ~ I and ending the day of . ~. all
persons employed on said project have been paid the full weekly wages earned <<.xc.pt as noted Column 10. front offonn).
that no rebates have been or will be made either dlrectfy or Indirectly to or on behalf of said contractor.
frOin the full weekly wages earned by any person and that
(Contn.ctor or SUb-Contractor)
no deductions have been m~de either directly or Indirectly from the full wages earned by any person other than
permissible deductions as d6flned by Regulations Issued by the New York Stale Department of Labor. W
any wages are unpald,.as reported In Column 10 on the front of this form, explain below:
2. That any payrolls otherwise under this contract required to be submitted fof the above period are correct and complete; that the
wage rates for laborers, mechanic, journeymen, skilled and ..ml..kllled laborer and apprenttcBI contained therein.... not.... thin
the applicable wage rates contained In any wage detennlnatlon Incorporated Into the contract; that the classlflcatlolllHt foI1h
therein for each laborer, mechanic, Journeymen. .kllled and. seml-eklUed laborer and apprentice conform wtth work he performed.
3. That any apprentices employed In the above period are duty reglstei'ed In a bona fide apprenticeship program registered with .
State apprenticeship agency recognized by the New York Bureay of Appnmttceship and Training, Department of Labor and lndustry.
4. That:
(IJ. wHERE FRINGE BENEFIES ARE PAID TO APPROVED PlANS, FUNDS DR PROGRAMS
In addiUon to the basic hoUl'ty wage me. paid to each laborer, mechanic, joumeyman.1IdUed and seml-ekllled laborer and
[J apprentice II&ted In the above referenc;ed payroll. payments of fr1nge benefits as IIst8d In the contract have been or will be
made to appropriate programs for the benefit of such employee. except as noted In Section" (c) below.
(b). WHERE FRINGE BENEFIES ARE PAID IN CASH
Each laborer, Mechanic, journeymen, skilled and seml..kllled laborer and apprtntlce Usted In the above referenced ~I
[] has been pald. as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus
the amount of the required fringe benefits as listed In the contract. except as noted In Section" (c) below;
.
(e). EXCEPTIONS
EXCEPllOH (CRAFT)
EXI'lAHAl1ON
REMARKS:
I NAME ond TITlE'
I SIGNATURe,
The willful falsification of any of the above statements may subject the contractor or sub-contractor to cMI or crtmlnal prosec.utlon.
TAKEN, SWORN AND SUBSCRIBED BEFORE ME,
TIllS
DAY
(NOTARY & SEAL)
OF
A.D. 20-,
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PAYROLL CERTIFICATION FOR PUB'LIC WORKS PROJECTS
(for Contractor and Sub-Contractor's use for Weekly and Final Certification)
Name of o Contractor or, 0 Sub-Contractor: Address of Contractor or Sub-Contractor: Date Wage Due & Paid:
Telephone No. Week Ending or Final Certification Project Name & ~ocation: Prevailing Wage Serial Number: Agency Project Number:
0
1. 2. 3. ..., .4. DAY AND DATE 5. 5. 7. 8. 9. 10.
'O]'~ III SIMIT IWITI FI S DEDUCTIONS NET
Name, Address and Work ~ RATE GROSS WAGE AMOUNTS
-~~ 0 II II I I TOTA~ WITH- TOTA~
Social Security Number ]'0 ~ Classification ..., HOURS OF PA) AMOUNT FICA HO~DING STATE DEDUC- PAID FOR UNPAID
E5..
of Employee ~~~ 0 HOURS WORKED EACH DAY EARNED TAX TIONS WEEK
0
S
0
S
0
S
0
, S
0
S
0
. S
..
0
S
0
S
0
S
NEW YORK STATE DEPARTMENT OF L.6,BOR PREVAI~ING WAGE DIVISION
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(f)
.
.
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 fails 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, available to
employee and applicants for employment, notices to be provided by the Commission
for Human Rights setting forth the substance of the provision of clauses "a." and "b."
and such provisions of the State's Laws against discrimination as the Commission
for Human Rights shall determine.
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.
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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-discrimination
clauses as such sections of the Executive Law and will, permit access to his books,
records, and accounts by the Commission for Human Rights and Owner
representatives counsel for the purposes of investigation to ascertain compliance
with these non-discrimination clauses and such sections of the Executive Law and
Civil Rights Law.
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-dlscrimination
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-discrimlnation clauses. Such finding shall be made
by the Commission for Human Rights after conciliation efforts by the Commission
have failed to achieve compliance with these non-discrimination clauses and after a
verified complaint has been filed with the Commission, notice thereof has been given
to the Contractor and an opportunity has been afforded him to be heard publicly
before three members on the Commission. Such sanctions may be imposed and
remedies otherwise provided by law.
g. If this Contract is canceled or terminated under clause "f." , in addition to other rights
of the Owner provided in this contract upon its breach by the Contractor, the
Contractor will hold the Owner Harmless against any additional expenses or costs
incurred by the Owner in completing the work or in purchasing the services, material
equipment, or supplies contemplated by this contract, and the Owner may withhold
payments from the contractor in an amount sufficient for this purpose and recourse
may be had against the surety on the performance bond if necessary.
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 of the Owner (Contracting
Agency's jurisdictional area).
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COMPLIANCE WITH THE LABOR LAW
AND OTHER DEPARTMENT OF LABOR REGULATIONS
A. STATE REGULATIONS:
1. The Contractor shall comply with the applicable provisions of the "Labor Law" as
amended, of the State of New York. This Contract shall be void unless applicable
sections of said Labor Law are complied with.
2. Each and every provision of law and clause required by law to be part of this Contract
shall be deemed to be included herein and this Contract shall be read and enforced as
though it were included herein, and, if through mere mistake or otherwise any such
provision is not included, then upon the application of either party hereto, the
Contract shall forthwith be physically amended to make such inclusion.
Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts,
discrimination on account of race, creed, color, or national origin in employment of
citizens upon public works.
There may be deducted from the amount payable to the Contractor by the Owner
under this Contract a penalty of five ($5.00) dollars for each person for each calendar
day during which such person was discriminated against or intimidated In violation of
the provisions of said paragraph, this Contract may be canceled or terminated by the
Owner and all monies due or to become due hereunder may be forfeited.
B. FEDERAL REGULATIONS:
1. CERTIFICATION OF NONSEGREGATED FACILITIES.
By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies
that he does not maintain or provide for his employees any segregated facilities at any
of his establishments, and that he does not permit his employees to perform their
services at any location, under his control, where segregated facilities are maintained.
He certifies further that he will not maintain or provide for his employees any
segregated facilities at any of his establishments, and that he will not permit his
employees to perform their services at any location, under this control, where
segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor
agrees that a breach of this certification is a violation of the Equal Opportunity clause
in his contract. As used in this certification, the term "segregated facilities" means
any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other
eating areas, time clocks, locker rooms and other storage or dressing areas, time
clocks, locker rooms and other storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in fact
segregated on the basis of race, creed, color, or national origin, because of habit, local
custom, or otherwise. He further agrees that (except where he has obtained identical
certifications from proposed subcontractors for specific time periods) he will obtain
identical certifications from proposed subcontractors prior to the award of
subcontracts exceeding $ 10,000 which are not exempt from the provisions of the
Equal Opportunity clause; that he will retain such certifications in his files; and that he
will forward the following notice to such proposed subcontractors (except where the
proposed subcontractors have submitted identical certifications for specific time
periods) :
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2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT
FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES.
A certification of Non-segregated Facilities must be submitted prior to the award of a
subcontract exceeding $ 10,000 - which is not exempt from the provisions of the Equal
Opportunity clause. The certification may be submitted either for each subcontract or
for all subcontracts during a period (I.e., quarterly, semiannually, or annually).
NOTE: The penalty for making false statements in offers Is prescribed in
18 U.S.C. 1001.
"During the performance of this contract", the Contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, creed, color, or national
origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post In conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to race, creed, color, or national origin.
(3) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice
to be provided by the agency contracting officer, advising the labor union or workers
representative of the contractor's commitments under Section 202 of Executive Order
No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, and regulations, and relevant orders of the
Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders ofthe Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the contracting agency and the Secretary of Labor for the purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order No. 11245 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order No.
11246 of September 24, 1965, or by rule, regulation, or order ofthe Secretary of Labor,
or as otherwise provided by law.
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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: Provided, however, that in the
event the contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the contracting agency, the
contractor may request the United States to enter into such litigation to protect the
interests of the United States."
3. FEDERAL PROCUREMENT REGULATIONS
EQUAL OPPORTUNITY IN EMPLOYMENT
1-12.805.4 Reports and Other Reauired Information
(a) Requirements for prime contractors and subcontractors.
(1) Each agency shall require each prime contractor and each prime contractor
and subcontractor shall cause its subcontractors to file annually, on or before
March 31, complete and accurate reports on Standard Form 100 (EEO-1)
promulgated jointly by the Office of Federal Contract Compliance, the Equal
Employment Opportunity Commission, and Plans for Progress, or on such
form as may hereafter be promulgated in its place, if such prime contractor or
subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in
accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime
contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or
purchaslil order amounting to $ 50,000 or more, or serves as a depository of
Government funds in any amount, or is a financial institution which Is an
Issuing and paying agent for U.S. savings bonds and savings notes: Provided,
that any subcontractor below the first tier which performs construction work
at the site of construction shall be required, to file such a report if it meets the
requirements in subdivisions (I), (iiI, 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) ofthis 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 Reports and Other Reauired Information
(b) Requirements for bidders or prospective contractors.
(1) Each agency shall require each bidder or prospective prime contractor and
proposed subcontractor, where appropriate, to state In the bid or at the outset of
negotiations for the contract whether it has participated in any previous contract
or subcontract subject to the Equal Opportunity clause; and, if so, whether it has
filed with the Joint Reporting Committee, the Director, an agency, or the former
President's Committee on Equal Employment Opportunity, all reports due under
the applicable filing requirements. The statement shall be in the form of a
representation by the bidder or offeror substantially as follows:
(2)
"The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a
previous contract or subcontract subject to the Equal Opportunity clause
herein, or the clause originally contained in section 301 of Executive Order No.
10925, or the clause contained in section 201 of Executive Order No. 11114;
that he ( ) has, ( ) has not, filed all required compliance reports; and that
representations indication submission of required compliance reports, signed
by proposed subcontractors will be obtained prior to subcontract awards."
(The above representation need not be submitted In connection with contracts
or subcontracts which are exempt from the clause.)
When a bidder or offeror fails to execute the representation, the omission shall
be considered a minor informality and the bidder or offeror shall be permitted
to satisfy the requirement prior to award.
(2) In any case in which a bidder or prospective prime contractor or proposed
subcontractor, which participated in a previous contract of subcontract subject to
Executive Orders No. 10925,11114, or 11246, has notfiled a report due under the
applicable filing requirements, no contract or subcontract shall be awarded,
unless such contractor submits a report covering the delinquent period or such
other period specified by the agency or the Director.
(3) A bidder or prospective prime contractor or proposed subcontractor shall be
required to submit such information as the agency or the Director requests prior
to the award of the contract or subcontract. When a determination has been made
to award the contract or subcontract to a specific contractor, such contractor shall
be required, prior to award, or after the award, or both, to furnish such other
information as the agency, the applicant, or the Director requests.
( c ) Use of reports.
Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the
administration of the Order, the Civil Rights Act of 1964, or in furtherance of the
purposes of the Order and said Act.
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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 PROCUREMENT STANDARDS
A. All contracts for construction or repair shall include a prevision for
compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as
supplemented in Department of Labor Regulations (29 CFR, Part 3).
This Act provides that each Contractor shall be prohibited from
inducing, by any means, any person employed In the construction,
completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled. The Grantee shall
report all suspected or reported violations to the Grantor Agency.
B. Where applicable, all Contracts awarded in excess of $ 2,000 for
construction contracts and in excess of $ 2,500 for other contracts
which involve the employment of mechanics or laborers shall Include
a provision for compliance with Section 103 and 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by Department of Labor Regulations (29 CFR, Part 5).
Under Section 103 of the Act, each Contractor shall be required to
compute the wages of every mechanic and laborer on the basis of a
standard work day of ~ hours and a standard work week of 40 hours.
Work in excess of the standard work day or work week is permissible
provided that the worker is compensated at a rate of not less than 1-
1/2 times the basic Rate of pay for all hours worked in excess 8 hours
in any calendar day or 40 hours in the work week. Section 107 of the
act is applicable to construction work and provides that no laborer or
mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to his
health and safety as determined under construction, safety, and health
standards promulgated by the Secretary of Labor. These requirements
do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation
or transmission of intelligence.
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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 construction or facility improvement awarded in
excess of $ 100,000, grantees shall observe the bonding requirements
provided in Attachment B to this Circular.
H. All contracts and sub-grants in excess of $ 10,000 shall include
provisions for compliance with Executive Order No. 11246, entitled,
"Equal Employment Opportunity", as supplemented in Department of
Labor Regulations (41 CFR, Part 60). Each contractor or sub-grantee
shall be required to have an affirmative action plan which declares that
it does not discriminate on the basis of race, color, religion, creed,
national origin, sex, and age and which specifies goals and target
dates to assure the Implementation of that plan. The grantee shall
establish procedures to assure compliance with this requirement by
contractors or sub-grantees and to assure that suspected or reported
violations are promptly investigated.
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COMPLIANCE WITH PROVISIONS OF THE LABOR LAW
Pursuant to Article 8 ofthe Labor Law, the contractor's attention is directed to
the following requirements:
1. Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ
of the contractor, subcontractor or other person doing or contracting to do the whole or a part
of the work contemplated by the contract shall be permitted or required to work more than
eight hours in anyone calendar day or more than five days in anyone week except in the
emergencies set forth in the Labor Law.
2. Section 220.3 which requires a provision that each laborer, workman or mechanic 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 ) Thatthere 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 22208 which requires that If In the construction of the public work a harmful dust
hazard is created for which appliances or methods for the elimination of harmful dust have
been approved by the Board of Standard Appeals, such appliances or methods shall be
installed and maintained and effectively operated by the contractor; and that if the provisions
of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be
void.
OTHER REQUIREMENTS
Every State contracting agency, including Public authorities, must include in each contract
paragraphs ( c) through (g) of the Standard State Contract Clauses promulgated by the Governor on
September 12,1963 and amended November 14,1963.
Labor classifications not appearing on the accompanying schedule of wages can be used only with
the consent of the department of jurisdiction and then the rate to be paid will be given by the
department of jurisdiction after being advised by the New York State Department of Labor.
The contractor shall make such provision for disability benefits, workmen's compensation,
unemployment Insurance, social security and safety code provisions as are required by law.
General Regulation No.1, as issued by the State Commission for Human Rights, requires that each
contract contains a stipulation that: "It Is hereby agreed by and between the parties hereto that every
contractor and subcontractor engaged in the public work described In this contract shall post and
maintain at each of his establishments and at all places at which the public work described hereunder
is being conducted, the Notice of the State Commission for Human Rights indicating the substantive
provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent
Information. Such Notice shall be posted in easily accessible and well lighted places customarily
frequented by employees and applicants for employment." The Notice may be obtained from the
department having jurisdiction, or from the office of the State Commission for Human Rights in the
respective area.
You are requested to refer to the Bureau of Public Work all charges of discrimination in employment
Including discrimination because of age, race, creed, color or national origin.
Southold Hamlet Parking Lot
K -8
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PROJECT SPECIFICATIONS
Section 1010 - SUMMARY OF WORK
1.01 WORK COVERED BY THE CONTRACT DOCUMENTS:
A. The work in this project includes the demolition of the existing concrete
sidewalks and related materials. The existence of any underground utilities,
such as water mains or gas service is to be verified by the contractor prior to
any excavation. All debris generated by this demolition work shall be
disposed of by the Contractor at his own expense.
B. The work in this project also covers the construction and installation of new
concrete curbing and sidewalks within the existing parking lot and shall be
installed in full accordance with the contract documents.
C. The work in this project also covers the patching and restoration of the
existing pavement surfaces prior to the installation of the asphalt overlay. All
damaged asphalt pavement areas within the construction area shall be graded
and patched in accordance with Town Highway Specifications and approved
by the Town Engineer prior to placement of the final overlay.
C. The intent of the Contract Documents is for the work to be completed and
finished in ail respects, including ail labor, materials, equipment, tools,
construction equipment and machinery, water, heat utilities, transportation,
and other facilities and services necessary for the proper execution of the
work as called for on the drawings, specified herein or as may be reasonably
inferred there from.
C. This contract includes all site work necessary for the completion of work.
END OF SECTION
Section 1500 - CONSTRUCTION FACiliTIES & TEMPORARY CONTROLS
1.01 BARRIERS
A. Barricades shall be provided around all excavations and other hazardous areas
during construction and shall be maintained and lighted in accordance with
Uniform Statewide Building Code and local requirements.
B. The Contractor shall be responsible for all traffic control and signage as needed
or required to provide a safe working environment during construction.
C. Open excavations will not be allowed over night and shall be filled, barricaded
and/or secured each night subject to the approval of the Department of Public
Works.
END OF SECTION
Section 1600 - SUBSTITUTIONS
1.01 The following requirements are applicable to ail proposed substitutions for products
specified herein, where such substitutions are allowed.
1.02 CONTRACTOR'S OPTIONS:
A. For products specified with the notation of "or equal" or "or approved equal", the
Contractor may submit an equivalent product for approval by the Architect.
B. For products specified by naming only one product or manufacturer, unless
otherwise indicated, the Contractor may submit an equivalent product for
approval by the Town if such a product is available.
South old Hamlet Parking Lot
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1.03 PROCEDURE:
A. Requests for substitution shall be submitted with complete data necessary to
substantiate compliance with the Contract Documents. Submit physical samples
and names and addresses of similar projects on which the product was used
when requested by the Architect.
B. Submissions shall be made in sufficient time to allow a thorough investigation of
the proposed substitutions and no allowance will be made for delay in project
completion because of disapproval of proposed substitutions.
C. In making request for substitution. Bidder/Contractor represents:
1. He has personally investigated proposed product or method and
determined that it is equal or superior in all respects to that specified.
2. He will provide the same guarantee for substitution as for product or
method specified.
3. He will coordinate installation of accepted substitution into work making
such changes as may be required for work to be complete in all respecls.
4. He waives all claims for additional costs related to substitution which
subsequently becomes apparent.
1.04 APPROVAL OF SUBSTITUTIONS
A. All substitutions shall be approved In writing prior to being ordered, fabricated or
incorporated Into the work.
B. The Architect's decision on the suitability or equivalence of a proposed
substitution is final and may be based on the suitability of colors, finishes and
outward appearance in addition to the functional aspects of the product.
C. Substitutions which require a substantial revision of the Contract Documents
will not be considered.
1.05 The Contractor shall be solely responsible for coordinating all changes or additional
work required to incorporate approved substitutions Into the work, Including additional
engineering, certification or tests, and no claims for additional cost related to
substitution will be allowed.
END OF SECTION
Section 2100 - SITE PREPARATION
1.01 DESCRIPTION:
A. Provide all site preparation work. Limits of work under this contract shall include
the entire site. Any and all damage caused by construction activities to the
adjacent concrete and road surfaces beyond these limits will extend the
construction limits listed herein.
1.02 PROTECTION:
A. Streets, roads, adjacent property and other works to remain shall be protected
throughout the work in accordance with Uniform Statewide Building Code.
1.03 DEMOLITION:
A. The existing culvert shall be excavated, demolished and removed by the
contractor. The contractor shall be responsible for all underground utilities
located within the Right-of-Way.
1.04 DISPOSAL:
A. All debris generated from the demolition activities shall be disposed of by the
Contractor at an approved upland site.
B. Burning of material on the site will not be permitted.
C. Removal of construction Debris:
1. Material to be removed shall be removed from the site daily as it
accumulates.
Southold Hamlet Parking Lot
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1.05 EXCAVATION:
A. Excavation consists of removal and disposal of material encountered when
establishing required finish grade elevations.
B. Unauthorized excavation consists of removal of materials beyond indicated sub
grade elevations or dimensions without specific direction of the Architect.
Unauthorized excavation, as well as remedial work directed by the Architect shall
be at the Contractor's expense.
1.06 COMPACTION:
A. General: Control soil compaction during construction providing minimum
percentage of density specified for each area classification.
B. Percentage of Maximum Density Requirements: Compact soil to not less than the
following percentage of maximum dry density for soils which exhibit a well-
defined moisture density relationship determined in accordance with ASTM D
698; and not less than the following percentages of relative density, determined
in accordance with ASTM D 2049, for soils which will not exhibit a well-defined
moisture density relationship.
C. Parking lot Pavement Areas: Compact top 12" of sub grade and each layer of
backfill or fill material at 95% maximum dry density.
1.07 BACKFill AND Fill:
A. Place acceptable soil material in layers to required sub grade elevations, for each
area classification listed below.
1. Under parking lot Pavements, use satisfactory excavated soil or borrow
material.
1.08 GRADING:
A. General: Uniformly grade areas within limits of grading under this section,
including adjacent transition areas. Smooth finished surfaces within specified
tolerances, compact with uniform levels or slopes between points where
elevations are shown or between such points and existing grades.
END OF SECTION
Section 3000 - CONCRETE WORK
1.01 DESCRIPTION:
A. Provide all concrete work as shown.
1.02 QUALITY ASSURANCE:
A. Codes and Standards: Comply with provIsions of the following Codes,
Specifications and Standards, except where more stringent requirements are
shown or specified:
1. ACI 318 "Building Code Requirements for Reinforced Concrete".
END OF SECTION
Section 3200 - ASPHALT PAVEMENT MATERIALS
1.01 DESCRIPTION:
A. The Contractor shall be responsible for the compaction, patching and
repairing of all excavated pavement within the limits of existing pavement
areas.
Southold Hamlet Parking Lot
Page 3
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1.02 BASE COURSE FOR ASPHALT PAVEMENTS OVER ALL EXCAVATED AREAS:
A. The base course shall consist of three-fourths-inch stone blend or crushed
concrete compacted to a four-inch depth. Crushed concrete shall be a clean
recycled concrete aggregate material that is free of hazardous or regulated
waste product. Any material deemed to be construction and demolition (C&D)
debris by the Town's Inspector shall be rejected. All rejected C&D debris
material shall be removed from the site at the contractor's expense. If clay or
other unsuitable material Is found below the base course, it shall be removed
and replaced with 12 of compacted bank run containing 15% or more of gravel.
The twelve-Inch replacement depth may be modified according to existing
conditions as approved by the Engineer.
B. The soil fill in all excavation areas shall be compacted to the satisfaction of the
Engineer and shall be smooth, parallel to and at the required depth below the
base course. The soil base shall not be in a muddy or frozen condition before
placing base course material.
C. The base course material shall be deposited on the prepared grade by means of
dump truck, spreader, tailgate or other approved methods of deposition.
Spreading the stone blend base course material shall be done by approved
spreading equipment. After the loose material has been spread evenly so that it
will have the required thickness after compaction, correct grade for succeeding
courses, segregation of any large or fine particles corrected, it shall be rolled
with approved rollers weighing not less than 10 tons. Roiling must begin at the
sides and continue toward the center and shall continue until there is no
movement of the course ahead of the roller. A minimum of four passes of rollers
will be required. Approved vibratory rollers may be used at the option of the
contractor. Where the use of a roller Is Impractical, approved vibration plate
compactors or impact rammers shall be used to compact the base material.
C. Upon the completion of the base course within the limits of all excavated areas,
the contractor shall request an inspection by the Engineer or Inspector and shall
not proceed with the application ofthe final asphalt base "binder" material until
such inspection has been made and the work approved.
1.03 ASPHALT BINDER COURSE MATERIAL:
A. The binder course shall be 2 1/2 inches in compacted depth. The material shall
be local sand and gravel pit run, passing the three-fourths-inch screen with filler
added. The filler material shall be local fine sand. The combined materials shall
show the following composition:
(1) Passing the three-fourths-inch square sieve: 100%.
(2) Passing the No.4 sieve: 75% to 90%.
(3) Passing the No.1 0 sieve: 50% to 75%.
(4) Passing the No. 40 sieve: 25% to 50%.
(5) Passing the No. 80 sieve: 12% to 20%.
(6) Passing the No. 100 sieve: 4% to 12%.
(7) Asphalt cement grade AC-20: 6% to 8%.
(8) Temperature range placing: 2250 to 2750 F.
South old Hamlet Parking Lot
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B. The binder course shall be placed on the stabilized base course when it has been
satisfactorily completed and approved by the Engineer or Inspector. The material shall
be placed only when the surface to be covered is dry, clean and weather conditions, in
the opinion of the Engineer, are suitable. All defective areas in the base course shall be
repaired as directed. The bituminous course shall be placed with an approved finishing
paver or other approved equipment, capable of placing material to such appropriate
loose depth that when the work is completed, the required compacted thickness will
have been met. The course shall be compacted with ten-ton tandem steel wheel rollers
or vibratory rollers of a type as approved by the Engineer. During the Initial rolling,
rollers shall travel parallel to the center line beginning at the edge and working toward
the center, overlapping on successive passes by 1/2 of the roller wheels. A minimum of
four passes of rollers will be required.
C. The temperature of the material, when placed, shall not be less than 225. F. No material
shall be placed when the air and surface on which the material is to be placed is below
40. F.
1.04 ASPHALT WEARING COURSE MATERIAL:
A. The wearing course shall be 1 1/2 inches in compacted depth. The coarse aggregate
shall consist of crushed stone, the fine aggregate sand and mineral filler. The mineral
filler shall consist of limestone dust, cement or silica sand. The combined materials
shall have the following composition:
Screen Sizes
1 inch
1/2 inch
1/4 inch
1/8 inch
20
40
80
200
% asphalt cement
grade AC-20
General Limits
(percent passage)
100
95 -100
65 -85
32-65
15 -39
7-25
2 -12
2-6
Job Mix
(percent passage)
+0
+5
+7
+7
+7
+7
+4
+2
5.8 - 7.0
+0.4
B. The wearing course shall be placed on the binder course when It has been satisfactorily
completed and approved by the Engineer or Inspector. The material shall be placed only
when the surface to be covered is dry, clean and weather conditions, in the opinion of
the Engineer, are suitable. All defective areas in the base course shall be repaired as
directed. The bituminous course shall be placed with an approved finishing paver with
screed heating equipment, capable of placing a fourteen-foot width and to such
appropriate loose depth that when the work is completed the required, compacted
thickness will have been met. The course shall be compacted with ten-ton tandem steel
wheel rollers or vibratory rollers of a type as approved by the Engineer. During the initial
rolling, rollers shall travel parallel to the center line beginning at the edge and working
toward the center, overlapping on successive passes by 1/2 of the roller wheels. A
minimum of four passes of rollers will be required.
C. The temperature of the material, when placed, shall not be less than 225. F. No material
shall be placed when the air and surface on which the material is to be placed is below
40. F.
END OF SECTION
Southold Hamlet Parking Lot
Page 5
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SAW CUT ESISTING PAVEMENT AS REQUIRED TO
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REMOVE EXISTING CONCRETE SIDEWALK
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NOTE;
CONTRACTOR SHALL REMOVE ALL EXISTING PAVEMENT AS
NECESSARY TO ACCOMMODATE THE NEW CONSTRUCTION.
ALL FINISH PAVEMENT SHALL BE UNIFORM AND ALIGN WITH
EXISTING TOPOGRAPHY. STEEP PITCH AND/OR EXCESSIVE
CHANGES IN PAVEMENT SLOPE SHALL NOT BE ALLOWED.
L
DEMOLITION
PLAN
SCALE: 1" = 30'
EXCAVATE AND REMOVE EXISTING UTILITY POLE. THE TOWN
SHALL REMOVE ALL ELECTRICAL SERVICE & FIXTURES.
EXISTING TREES TO REMAIN. ALL PRUNING & TREE
REMOVAL SHALL BE AS APPROVED BY THE TOWN.
EXISTING METAL GUARD RAIL THIS AREA TO BE REMOVED.
6 x 6 CCA Treated Post
Set In 3,000 PSI Concrete
16' .. 3 X 10 CCA TREATED
GUARD RAIL
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3 x 10 CCA TREATED RAIL
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I SITE WORK TO INCLUDE:
DEMOLITION OF EXISTING SIDEWALK & UTILITY POLE
CUT ASPHALT AS NEEDED FOR NEW WORK.
I ALSO INSTALL 200' +/. Eectrlcal Conduit for Street Lights (By Others)
1,250 Sq. Yds. +/- ASPHALT OVERLAY
. (2" LIFT . 140 TONS)
L... (Asp~aItPatc~.. 20T~N~..._
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NEW STREET UGHT
BY OTHERS. (1 ElICh)
CONTRACTOR TO PROVIDE
NEW 4R 01.. P.Y.C. CONDUIT
AT 24- BELOW GRADE.
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Town of Southold - Letter.
Boar~ctober 3,2006
RESOLUTION 2006-802
ADOPTED
Item # 32
DOC ID: 2212
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-802 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 3, 2006:
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to
advertise for Bids for the Repair & Reconstruction of the Municipal Parkin!! lot on
property known as SCTM # 1000-61-4 and 1000-61-4-5 located on State Route 25 in the
Hamlet of Southold all in accordance with the plans and specifications prepared by the Southold
Town Engineering Department and subject to the approval of the Town Attorney's Office.
~r;,-1'tL.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Evans, Wickham, Ross, Russell, Krupski Jr.
ABSENT: William P. Edwards
Generated October 6, 2006
Page 42