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HomeMy WebLinkAboutLatham Sand & Gravel RESOLUTION 2006-870 ADOPTED DOC ill: 2271 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-870 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 8, 2006: RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute an Al!:reement with Latham Sand & Gravel, PO Box 608, Peconic, NY in connection with the replacement of the Westphalia culvert and installation of drainage structures, in the amount of $89,750, all in accordance with the approval of the Town Attorney. I'~A~~C1.Qe~'1.t.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. . '. 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 Latham Sand & Gravel, PO Box 608, Peconic, NY 11958, 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 - For the Removal/Disposal & Reconstruction of an Existing Culvert Pipe and the Installation of New Drainage Structures for Westphalia Road, Mattituck, NY", dated October 3, 2006 and annexed hereto and made part of this contract (Exhibit A). 2. The Town does hereby agree to pay the Contractor for the work, the total sum of +~<>v."/l.(\6 Eighty nine~seven hundred fifty dollars ($89,750). The total sum Is to be paid to the Contractor within forty-five (45) days of the completion of the said work and the acceptance thereof by the Town. 5. The Contractor shall secure and maintain such insurance that will protect him/her from claims under the Worker's Compensation Acts and from claims for bodily . . injury, death or property damage that may arise froIIl the performance of his /her services under this Agreement, in limits of$I,OOO,OOO. 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 South' By ~L!~' Scott i.\. Russell, Supervisor Latham Sand & Gravel, In c . By -# 5f 1L7k V.p: Jo Hocker, vice President By _C);:~~__J!~~__< C. T~~~ham, President Date __1~_~~~1______________ ............. + HUDSONCITY SAVINGS BANK _ Bank on Better Values_ July 6, 2007 Ms. Jeri Woodhouse ChairpersonIPlanning Board Town of South old 54375 Main Rd., PO Box 1179 Southold, NY 11971 Dear Jeri: Please be advised that we have placed a hold on CD # 1110613501 in the amount of $89,750.00. The CD is in the name ofC Terry Latham. A hold will remain on the Certificate of Deposit until we receive written notification from an authorized representative of the Town of South old. Very truly yours, ~CVU/l1~la(Jr ~ rraine ~ f:VP ranch Manager - Southold Office Agreed: (] ~C--;{;Jf____ C Terry Latham \ Town of South old Acknowledged: Jeri Woodhouse FEATHER HILL VILLAGE. 53345 MAIN ROAD, P.O. Box 635 . SOUTHOLD, NEW YORK 11971-0635 . 631.765.4019 Certificate of Deposit General Inquiry (GEN) Account Number Acct Title 1110613501 Type 14 6 Month CO Slatus Open Memo Cusfomerfs) Type 1 p elF 0007105002 TIN SOL 125-32-7070 D C TERRY LATHAM Type 2 CIF TIN D Type 3 CIF Type . CIF Account Information Rate Accrued Int AccnaedThru YTD 1nteres1 PYTO Interest Int paid thru Las1 5.230 % $0.00 Retirement Code: Maturity Date ATM ID NBR: RetIrement Number Openina Date CHARGE CODES Nonsuffictent Funds HOLDS 01I04I08 Check Collateral Mgmt 07I06I07 Other Total Hok 0 925 SLEEPY HOLLOW LN SOUTHOLD NY 11971-3340 07/05107 Term Sweep Acct Daily Variable Post Dt Uncollec:ted Funds $0.00 $0.00 Held Funds Chrg Option BALANCE /I Available 06128107 Account 0182 Days 0 SWeep AYI 07I08I07 Credit Avl Collected $89,750.00 $89.750.00 $0.00 $0.00 Passbook $89,750.00 $89,750.00 Certificate of Deposit General Inquiry (GEN) Hold Oesc Reason Code: A(ItIOfIicer Nbr: Branch Nbr. AppI Code: Acct Nbr: Tran TIme: Tran Date: LocatIOn Nbr: Seq Nbr: Messages NO INQUIRY FEE CHARGE lOCK-FLAGS 01: HOLO(NO WITHDRAWALS) . Aceounf information Acet Number AppI Code Association Nbr Check Number Loc:ation Name: Chy: State: Country: Ext Ref Nbr: Trace Nbr: /I Pan Name: Teller Hbr: Hold AmI Recipient Remit Amount Hold Date $0.00 Hot 07/06/07 CD 1110613501 C TERRY LATHAM NO CHECK HOLDS NO MANAGEMENT HOLDS NO COLLATERAL HOLDS NO PREAUTHORIZED ATM we HOLDS KEOGH-lRA-COOE 0 STATUS 1 LOCK-FLAGS 01: HOLOCNO WITHORAWALS) # " Invitation to Bid lD Rlmllll/IIIIIIII & RICIIIInICIIII 01 an ElllOllClllln Pili Andlhe 1IIIIIIIdllll IIlw lralllll StrlCII"1 lor Westphalia Avenue Mattituck. New York 11952 Date: October 3, 2006 ~\UffOL.f~ ~(t.......I\ $,.c ... ., .....1J.i .. ~~ SOUTH OLD TOWN ENGINEERING DEPARTMENT SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD I . PROJECT DESCRIPTION This Project includes the demolition, Disposal & Replacement ofthe Existing Headwall & Culvert System on Westphalia Avenue for the Southold Town Highway Department This Project shall also include the Installation of new Drainage Systems. & Structures, and shall provide for all necessary Asphalt Patching on Westphalia Avenue. The Project location is Westphalia Avenue, Mattituck, New York 11952 This Project is for the installation of a new 36 inch diameter concrete culvert pipe with pre- cast concrete headwalls and aprons at each end. In addition, Drainage structures and systems shall be installed at various locations on either side of the new culvert pipe. Where needed or required, the Contractor shall provide blue stone rip-rap to stabilize the road shoulder. 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 and subsurface 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 of the Highway Department. All Site. access shall be coordinated with the Town Highway Superintendent prior to commencement of the work. [765-3140] All work shall be completed in a timely manner and 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 ARCHITECT @ THE SOUTHOLD TOWN ENGINEERING DEPARTMENT: Attention: James A. Richter, RA (631) 765 -1560 South old Town Hall P. O. Box 1179, 53095 Main Road Southold, New York 11971 Jamie. richter@town.southold.nv.us The foregoing project description is provided for general information only. It is not a part of the contract documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings contained herein. 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 AlA Bid Bond 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 AlA Document#A310 GENERAL CONDITIONS AlA Performance Bond - labor & Material Payment Bond 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 # A311 AlA Document # A201 F - 1 through F - 2 G - 1 through G - 2 I - 1 through I - 3 J - 1 through J - 2 K - 1 through K-8 GENERAL SPECIFICATION REQUIREMENTS Project Specifications Page 1 through Page 6 INDEX TO DRAWINGS SP-1 Construction Site Plan & Plan Details A-1 Culvert Cross Section & Concrete Headwall Details A-2 Road Shoulder Restoration & Drainage Installation Details INVITATION TO BID PROJECT: The Removal, Disposal & Replacement of the Existing Headwall & Culvert on Westphalia Avenue for the Southold Town Highway Department. This Project shall include the Installation of new Drainage Systems & Structures, and shall provide for a new asphalt overlay of the entire construction site. 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 supply and installation of a new culvert with concrete headwalls, new drainage systems and the reconstruction of Westphalia Ave. 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, 26th ,October 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. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance Bonds or other Security deemed acceptable by the Town Attorney's Office and in the amount of 100% of the contract price shall be required of the successful bidder. Please advise if you intend to bid or not. Dated: October 3. 2006 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Westphalia Ave. Culvert Replacement & Drainage Project 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 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 amount of 5% 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 retum 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. Westphalia Ave. Culvert Replacement & Drainage Project 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. Westphalia Ave. Culvert Replacement & Drainage Project 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 ofthe State of any public department, agency, or offlclal thereof or to a fore district or any agency or offlclal thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and afflrmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission ofthls bid, each bidder and each person signing on behalf of any bidder certifies, and In the case of a Joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices In this bid have been arrived at Independently without collusion, consultatlon, 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 competltlon. 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, afflrms the truth thereof, such penaltles 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 slgnalory) (Name of Corporallon) authorized to sign and submit the bid or proposal of this corporation for the following Project: Culvert Replacement & Drainage Project WestphaliaAvenue, Mattituck, New York, 11952 and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-<l (103-<1) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,20 . (SEAL OF THE CORPORATION) Laws of New York,1965 Ch. 751, Sec.103-d, as amended & effective on September 1, 1965. Signature Westphalia Ave. Culvert Replacement & Drainage Project 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 3, 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: Culvert Replacement & Drainage Project. Westphalia Ave., Mattituck, New York 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 Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: ITEM # 1: GENERAL CONSTRUCTION THIS PORJECT SHALL INCLUDE THE DEMOLITION AND DISPOSAL OF THE EXISTING CULVERT & HEADWALL SYSTEM. IT SHALL ALSO INCLUDE THE SUPPLY AND INSTALLATION OF A NEW CULVERT SYSTEM AND NEW DRAIANGE SYSTEMS. THE CONTRACTOR SHALL PROVIDE ALL RIP-RAP, FILL, HAY BAILES & SILT FENCING AS NEEDED OR REQUIRED. THE CONTRACTOR SHALL FURNISH ALL LABOR & MATERIALS INCLUDING BUT NOT LIMITED TO THE ASPHALT PATCHING OF WESTPHALlA AVENUE AND TO 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) Westphalia Ave. Culvert Replacement & Drainage Project 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 and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be retumed to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. The undersigned hereby acknowledges receipt (if any) of the following addenda: Addendum Number: (IF ANY) Dated: Signature of Bidder: Bidders Address: Telephone Number: Date: Westphalia Ave. Culvert Replacement & Drainage Project 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 (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) Westphalia Ave. Culvert Replacement & Drainage Project E - 1 THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we fH@re insert full name and addrl!Ssor legilll title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description 01 project) NOW, THEREFORE, if the Obligee shall accept the bid of the Ptincipal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the .prosecution thereof, or in the ,vent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to "the 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 eflect. Signed and sealed this day of 19 (WHness) { (Principal) (Seal) (Title) (Witness) { (Su,ety) (Seal) (Title) AlA DOCUMENT A310' BiD BOND. AiA II!>. FEBRUARY 1970 ED . THE AMERiCAN INSTiTUTE OF ARCHiTECTS, 173S N.Y. AVE., N.W., WASHiNGTON, D. C. 20006 1 WARNING: UnUcenaed photocopying vlolates U.S. copyright laws and Is subject to legal prosecution. '\ " THE AMERICAN INSTITUTE OF ARCHITECTS I AfA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that (Here inset! full name and .address or leg.allitle of Conlr.ador) as Principal, hereinafter called Contractor, and, lHere insert full n.ame .and address or leg.al title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full n.ame .and address or leg.al title of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ l, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated (Here insert full name, address and description of projecl) 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here insert lull name and address Dr legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. A.JA. DOCUMEN;J. A311 . PERfOR....\ANCE BOND AND lABOR AND ~1ATF.RIAl PAYMENT BOND . AlA @ HBRUARY1970 EO.. THE AMERICAN. INSTITUTE Of ARCHITECTS, 1;'1') N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal pIOBeCUtlon. 'f 'f PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such thai, if Conlractor shall promplly and failhfully perform said Contract, Ihen this obligation shall be null and void; otherwise it shall remain in full force and effect The Surety hereby waives notke of any alteralion or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under Ihe Contracl, Ihe Owner having performed Owner's obligations thereunder, the Surety may promplly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de. termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this day of defaults under the contract or contracts of completion arranged under this paragraph) sufficienl funds 10 pay the cost of completion less the balance of the contract pricei but not exceeding, including other costs and damages for whkh the Surely may be liable hereunder, the amounl set forlh in the first paragraph hereof. The term "balance of the conlracl price," as used in this paragraph, shall mean Ihe total amount payable by Owner to Contractor under Ihe Contract and any amendmenls there 10, less Ihe amount properly paid by Owner 10 Conlractor. Any suil under this bond musl be instiluled before the expiralion of two (2) years (rom the dale on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis. tratars or successors of the Owner. 19 ! ' Princ.:ip.tl) rSN!J fWjfO("~~} {Title} I (SW('/}') IS('c1I) (Witm'~~} lTitl,,) ,0.',0. DOCUMENT ,0.111 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . AlA \!II rEBRUARY 107(1 El>.. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW.. WASHINGTON, D. C. 20006 2 WARNING: Unlicensed photocopying violat.. U.S. copyrtght laws and" subject to legal prosecution. -f If THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A311 labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FUll AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and addreS$ or legal title of Conlractor) as Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legaltille of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of (Here insert a sum equal to at lent one"half of the contract price) Dollars ($ for the payment whereof Principal and Surety bind themselves, their heirs, executors, successors and assigns, jointly and severally, firmly by these presents. ), administrators, WHEREAS, Principal has by written agreement dated (Here insert rull name, address and description of project) 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here insert full name and address or legaltHle 01 ArchHecf) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA dOCUMENT Alll . PERFORMANCE BOND ANO lABOR ANO MATERIAL PAYMENT BOND . AlA I!!> FEBRUARY1970 ED.' THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N.Y. AVE.. N.w.. WASHINGTON, D. C. 20006 3 WARNING: Unlicensed photocopying vtolates U.S. copyright laws .nd Is subject to legal prosecution. " LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE. THE CONOITION OF THIS OBLIGATION is such that. if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract. labor and material being construed to include that part of water, gas. power. light. heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner 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 materia.ls were furnished by such claimant. may sue on this bond for the use of such claimant. prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: . a) Unless c1Jimant, other than one having a direct contract with the Principall shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this day of accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such 'aw. e} Other than in a state court of competent jurisdiction in and for the counly 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 sit. uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. 19 I (Principal) (Se.all (Wilnt'H) (Titl,,) I (Suf('ly) (SNI) (Wilnl'H) (Tillc') AlA DOCUMENT Am . l'ERroRMANCE BONO AND lABOR AND MATERIAl PAYMENT BONO . AlA @ FEBRUARY 1970 EO.. THE AMERICAN INSTITUTE OF ARCHITECTS, 17:1.'; N.Y. AVE., N.W., WASHINGTON, D. C. 10006 WARNINQ: Unlicensed photocopying violates U.S. COpyright laws and II 8ubJect to legal prosecution. 4 'f ,T H E AMERICAN INSTITUTE o 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 II. 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. @1987byTheAmeticanlnstituteofArchitects, 1735 New York Avenue, N.W.> Washington, D.C., 20006. Reproduction ofehe material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecutions. ~ CAUTION: You should use an original AlA document which has this caution printed in red. WW An original assures that changes will no-t 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: Unlicensed photocopying violates U.s. copyright laws and fs subject to legal prosecution. " ./ Acceptance 01 Nonconlonnlng 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 Ace..... to Work .. .. .... .. 3.18,6.2.1,12.1 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 AdditionalInspecUonsandTesting....... 4.2.6,9.8.2, 12.2.1, 1~.s Additional TIme, Claims for. . . ; .. . . . . . .. 4.3.6,4.3.8,4.3.9,8.3.2 ADMINISTRATlONOFTHECONTRACT ....... 3.3.3,4,9.4,9.5 Advertlsemc:nt or Invitation to Bid ...................... L1.1 Aesthetic Effect. . . . . . . . . . . . . . . . . . . . . . . . . .. 4.2.13,4.5.1 Allowances ........... ........................3.8 AII.cisk Insurance. . . . . . . . . . . . . . . . . . . . . . . . . .. 11.3.1.1 Appllcattons lor Payment .. 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, 9.8.3,9.10.1,9.10.3,9.10.4,11.1.3,14.2.4 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 Arehlteet . . . . . .. 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.t, 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 Archllect's Administration olthe Contract. 4.2,4.3.6, 4.3.7,4.4,9.4,9.5 Architect's ApprovaIs 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 Archltect'sDecisions.. ....' 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1, 9.2,9.4,9.5.1,9.8.2,9.9.1,10.1.2, 13.5.2, 14.2.2, 14.2.4 Architect'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 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 Contracwr . 1.1.2,3.2.1,3.2.2, 3.33,3.5.1,3.7.3,3.11,3.12.8,3.12.11,3.16,3.18, 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 Subcontracwrs . 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 3.18.1,9.10.2,10.1.4 6.1.1 Approvals Arbitration Architect's Instructions. . Architect's Interpretations. Architect's On-Site Observations . . . Architect's Represemations . Architect's Site Visits. Asbestos Attorneys' Fees. A ward of Separate Contracts. Awsrd 01 Subcontracts and Other Conlrscts lor Portions olthe Work . Basic Dellnlllons . Bidding RequIrements. . Boller and Machinery Insurance . Bonds, Lien Bonds, Performance and Payment. . 5.2 1.1 1.11,1.1.7,5.2.1,11.4.1 11.3.2 9.10.2 7.3.6.4,910.3,11.3.9,11.4 INDEX BuildingPermit ........................ .. .. ...' .. .. 3.7.1 Capitalization. . .. ... . ... . .. ... .. .... .. . ..... " ... . .. t.4 Certificate ofSubstantla1 Completion. . . . . . . . . . . . . . . .. 9.8.2 Certificates lor Payment. . . . . .. 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1, 9.6.6,9.7.1,9.8.3,9.10.1,9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates ofInspection, Testing or Approval. . . .. 3.12.11, 13.5.4 CertificatesofInsurance .. ......... 9.3.2,9.10.2,11.1.3 ChongeOrdera. ..... 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.\.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 Ctalmssnd Timely Assertton 01 Claims ................ 4.5.8 ClslmslorAddltionalCOSt.... 4.3.6,4.3.7,4.3.9,6.1.1,10.3 Clalma lor Addlllonal Time. . . . . . . . . . .. 4.3.6,4.3.8, 4.3.9,8.3.2 Clalms lor Concealed or Unknown Conditions. . . . . . . . . .. 4.3.8 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 Commencement 01 Statutory Limitation Pertod .......... 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, 6.2.2,8.1.2,8.2.2,9.2,11.1.3,11.3.6,1\.4.1 Commencement of the Wark, 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.\.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 .................. 1.1.4,8 Construction Change Directive, DefinItion of. 7.3.1 ConstNctlon 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 OFTHE 4.3.7,5.4.1.1,14 Contract Administration 3.3.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to. 3.7.1, 3.10,52,9.2,11.1.3,11.3.6,11.4.1 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 ContraclSum .. 3.8,4.3.6,4.3.7,4.4.4,5.2.3, 6.\.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, Deflnltlon of . . . . . . Ctalms snd Dleputes . . . . . 2 A201-1987 Contract Time, Definition o~ . . AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. CONTRACTOR............,...........................3 Contractor,Oeflnltlonof ,...,.,... .,..-............ 3.1,6.1.2 Contractor'sBld.,........,......, ~................. 1.1.1 Cont,actor'aConatrucUonSchedu'.. ............. 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, 14.201.1 Contractor'aLlabllltylnsurance....................... 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6,3.12.5,3.14.2,4.2:4,6,12.2.5 Contractor's Relationship with Subcontractors . . . . . .. .1.2.4,3.3.2, 3.18.1,3.18.2,5.2,5.3,5.4,9.6.2,11.3.7,11.3.8,14.2.1.2 Contractoc'sRelationshipwiththeArchitect .... 1.1.2,3.2.1,3.2.2, 3.3.3,3.5.1,3.7.3,3.11,3.12.83.16,3.18,4.2.3, 4.2.4, 4.2.6, 4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7,12.1,13.5 Comraclor'sRepresemations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1.9.3.3 Contractor's Responsibility for Those Performing the Work. . . . . . . . . . . . . . . .. 3.3.2,3.18,4.2.3,10 Contractoc's Review of Contract Documents. . . . .. 1.2.2,3.2,3.7.3 Contractor'sRlghttoStoptheWork.... '"................ .9.7 Contractoc'sRighttoTerminatetheContract .............. 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 Liability 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 CocrectionofWork . .. .. .... .. .. . .. .. ... 2.3,2.4,4.2.1,9.8.2, 9.9.1, 12.1.2, 12.2, 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, 11.3.1.3,11.3.4,11.3.9,12.1,12.2.1,12.2.4,12.2.5,13.5,14 Culling and Patching. . . . . . . . .. 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, 4.3.2.4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8, 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 Certification 9.5, 9.7. 14.1. 1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of . 2.3,2.4,3.5.1,4.2.1, 4.2.6,4.3.5,9.5.2,9.8.2,9.9.1,10.2.5,12,13.7.1.3 Defective Work, Definition of . . . . . . . . . 3.5.1 Definitions. 1.1,2.1.1,3.1,3.5.1,3,12.1,3.12.2,3.12.3,4.1.1, 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1 Oelayssnd Extensions onlma . 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, 225,311.53 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 oftheWork ....... 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 ofTlme ... . . . . . . . . .. 4.3.1,4.3.8,7.2.1.3,8.3, 10.3.1 Fa1lureofPayment by Contractor .............. 9.5.1.3,14.2,1.2 FaUureofPayment by Owner.... . ..... ...... 4.3.7,9.7,14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ........ 4.2.1,4.2.9,4.3.2, 4.3.5, 9.10, 11.1.2, 1l.1.3, 11.3.5, 12.3.1, 13.7 Financial Arrangements, Owner's. . . . . . . . . . . . .. 2.2.1 Fire and Extended Coverage Insurance . . . . . . 11.3 GENERAL PROVISIONS. ............... ....... 1 Governing Law. . . . . . . . . . . . . . .. 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 Indemnification. . . . . .. 3.17,3.18,9.10.2,10.1.4,11.3.1.2,11.3.7' Information and Servlc.. Requlrad oflhe 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 0' Damage to Pereon 0' 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 Insurance, Contraetor's Liability . . . . . . . . . 11.1 Insurance, Effective Date of 8.2.2,11.1.2 Insurance, Loss of Use. . . . 11.3.3 Inaurance, Owna"sUablllty. ........ 11.2 Insurance, Property. 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 wHh. 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. . . . . . . . . . . . . . . . . .. 13.8 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 Final Aws,d . 4.5.1,4.54.1,4.5.7 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 1.3,3,6,3.7,3.13,4.1.1,4.5.5,4.5.7, 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 ^IACIl . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON. D,C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecullon. A201.1987 3 'I " limitations of Liability ... .. 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.11, 3.17,3.18,4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.10.4, 10.1.4,10.2.5,11.1.2,11.2.1,11.3.7,13.4.2,13.5.2 Limitations of Time, 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 Losa of Use Insurance ...................... ..... '11.3.3 MaterW 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 ............ ......... 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 MlnorChenges 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, 4.1.2,4.2.1,5.2.3,7,8.3.1,9.7 MullaalRasponslblll1y ........ ......... 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, 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, Written 23,2.4,3.9,3.12.8,3.12.9,4.3, 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 Notlce of Testing and Inspections ................ 13.5.1,13.5.2 Notice to Proceed. 8.2.2 Notices, Permits, 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, 9.4.2,9.5.1,9.10.1,13.5 2.3,3.9,4.3.7,7,8.2.2,11.3.9,12.1, 12.2,13.5.2,14.3.1 OWNER. 2 Owner, Definition of 2.1 Owner, Information and Services Required of the. 2.1.2, 2.2,43.4,6,9,10.1.4,11.2,11.3,13.5.1,14.1.1.5,14.1.3 Owner's Authority 3,8.1,4.1.3,4.2.9,5,2.1,5.2.4,5.4.1, 7.3.1,82.2,9.3.1,9.3.2,11.4.1,12.2.4,135.2,14.2,14.3.1 Owner's Financial Capability . 2.2.1,14.1.1.5 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance. 11.3.3 Owner's Relationship with Subcontractors. 1.1.2, 5.2.1.5.4.1,96.4 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'a Right to Parfonn Conatructlon and to Award Saparate Contracta .. .. . .. . . .. .. , ,'.. .. ... 6.1 Owner'aRlghttoStoptheWork....,.... ..... 2.3,4.3.7 Owner's Right to Suspend the Work'. ...... ........,.. 14.3 Owner's Right to Term.inate the Contract . . . . . . . . . . . . . . . .. 14.2 OWnerahlp and Uae 01 Archltect'a Drawlnga, Speclftcatlons and Other Documenta , . 1.1.1,1.3, '2.2.5, 5.3 Partial Occupancy or Uae .. . . . . . . . . . . 9.6.6,9.9, 11.3,11 Patching, Cutting and ......... ..,...., 3.14,6,2.6 Patenta,Royaltleaand ,..... ........ ....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, Cartlllcates 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,Falluraol,.. ................ 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.\.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 PAYMENTS AND COMPLETION ...................... 9,14 Payments to Subcontractors. . . . . . . . . . . . . .. 5.4.2,95.1.3. 9.6.2,9.6.3,9.6.4,11.3.8,14.2.1.2 PCB. ................................... 10,1 Performance Bond and Payment Bond. . . . . . . .. .. 7.3.6.4, 9.10.3, 11.3.9, 11.4 Pennlta, Feea and Noticea . . . . 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROT.ECTION OF . . . . . . .. 10 Polychlorinated Biphenyl. . . . . . . . . . . . . 10.1 ProductData,Definitionof.......... ...... 3.12.2 Product Data and Samples, Shop Drawings. 3.11,3.12,4.2.7 Progr...andCompletlon ...... 4.2.2,4.3.4,6.2 progre.. Paymenta ..... . . . . . . . . . . . . . .. 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 Insurance. 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 ofWajvers and Liens. 9.10.2 Representations. 1.2.2,3.5.1,3.12.7, 6.2.2,8.2.1,9.33,9.4.2,9.5.1,9.8.2,9.10.1 2.1.1,3.1.1,3.9, 4.1.1,4.2.1,42.10,5.1.1,51.2,13.2.1 Resolution of Claims and Disputes. . 4.4,4.5 Responsibility for Thase 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 . Payment Bond, Perfonnance Bond and Payments, Progress .. Representatives. 1.2.2,3.2,3.7.3,3.12.7 3.10.1,3.10.2,3.11,3.12, 4.2.7,4.2.9,5.2.1,5.2.3,9.2,9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor. 3.12.5 Rlghta and Remedies. 1.1.2,23,2.4,3.5.1,3.15.2, 4.26,4.3.6,4.5,5.3,6.1,6.3,73.1,8.3.1,9.5.1, 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 A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA<!l . @1987THEAMERICANINSTlTUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates US. copyright laws and Is subject to legal prosecution. Rulesand Notices lor Arbitration . . . . . . . . . .. 4.5.2 Salsty 01 Persons and Property . . . . . . . . . . . . . . . . . " 10.2 Safety Pracautionsand Programs 4.2.3,4.2.7,10.1 Saffiples,Definltlonof .................. 3.12.3 Samplaa, Shop Drawlnga, Product Datsand 3.11,3.12, 4.2.7 Samplea at the Site, Documente and . . 3.11 ScheduleolVelues...................... 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 ShopDnwings,Deflnitlonof........................, 3.12.1 Shop Drawings, Product Date and Samples .... 3.11,3.12,4.2.7 sna,Uaeof....................... ... 3.13,6.1.1,6.2.1 Sile Inspections. . .1.2.2,3.3.4,4.2.2,4.2.9,4.3.6,9.8.2,9.10.1,13.5 SiteVisits,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 SpeciaHnspectionsandTesting .... ,... 4.2.6,12.2.1.13.5 SpeclflcaUons, Definition of the. . . . . . .. 1.1.6 Speclflcetions, 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 Stoppinglhe 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 Subcontractual Relationa. .... 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 Subrogetlon, Welvera of. . . . . . . . . . . 6.1.1,11.3.5,11.3.7 Subatentiel 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 SubstltutionofSubcontractors .. 5.2.3,5.2.4 SubsUtution of the Architect. . . . . . . . . . . . . . 4.1.3 Substitutions of Materials . . . . . . . . . . . . . . 3.5.1 Sub-subcontractor, Definitionaf 5.1.2 Subsurface Conditions. . . . . . . . . . . . . . . . . 4.3.6 Succeaaora and Aaalgns 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 2.2.2,3.18.3 Surety. Surety, Consent of. Surveys. Suspension bytha OwnarlorConvenlence ........,.. 14.3 Suspension of the Work ..... 4.3.7,5.4.2,14.1.1.4,14.3 Suspension or Termination of the Contract. . . . 4.3.7y 5.4.1.1,14 Taxea .................. . . .. 3.6, 7.3.6.4 Termination by the Contractor ......... ..... ..... 14.1 Termination by the Ownar lor Cause. . . . . 5.4.1.1,14.2 TermlnatlonoftheArchitect ..... ... ... . .. ... 4.1.3 TerminationoftheComractor...... ........... 14:2.2 TERMINATION OR SUSPENSION OFTHE CONTRACT ...... 14 Teate end Inspectlona ..... 3.3.3,4.2.6,4.2.9,9.4.2, 12,2,1,13.5 TIME.......................... .............. 8 Tlme,DelaysandExtenslonsof.............. 4.3.8,7.2.1,8.3 TimeLJrnits,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 TlmeLllnltaonClalms......... 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5 TItle 10 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 UaeolSlte ................ ,. 3.13,6.1.1,6.2.1 Velues, Schedula of . .. 9.2,9.3.1 Walvar of Clalma: Final Payment. . . . . . . . . .. 4.3.5,4.5.1,9.10.3 Waiver of Claims by the Architect. . . . . . .. 13.4.2 Waiver ofCJaims 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 Mey Be Demanded 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 Writtenlnterpremions................... 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 AIA~ . @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 1.1.1 BASIC DEFINITIONS THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contmct (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). written order for a minor change in the Work issued by the Architect. Unless speclfiC2l1y enumemted in the Agreement, the Contract Docwnents 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 lmended 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 Contmct 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 fami1. 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 bemg 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 tmde. 1.2.5 Unless otherwise stated in the Contract Documents, words which have wen~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 Archilect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Archirect, and copies thereof furnished to the Contrac~ tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj~ ects or for additions to this Project outside the scope of the 6 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIAo!l . @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. " '. W ock 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, Specif.ications and other documents prepared by the Architect. Submltial 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 (I) specifically defined, (2) the tities of num- bered articles and Identified references to Paragraphs, Subpara- graphs and Ciauses in the document or (3) the titles of other documents published by the American' Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre. quently omit modifying words such as "all" and "any" and acti. 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 shaD 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 ANO 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 evtdence were furnished on request prior to the execution of the Agreement, )the 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 Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- ments and charges requited 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 promptne~ to avoid 4elay 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 Compietion) and Article II (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.11f the Contractor fails to correct Work wWch Is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents,. the Owner. by written order signed personally or by an agent sPecifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a- duty on the part of the Owner to exercise this right for the benefit of the Con~ tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven~day period after receipt of written notice from the Owner to commence and continue corre'ction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. Jf 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 n~cessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi~ tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay tht; difference to the Owner, ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is [he person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contracror or the Contractor's authorized representative. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA" . @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 7 " " 3.2 ~IEW OF CONTRACT DOCUMENTS ANO 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 riot be liable to the Owner or .Architect for damage resulting from errors, inconsig.. tencies or omissions in the Contract DocumeQts 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 witho~t 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, inconsistencles or omissions discovered shall be reported to the Architect at once. 3.2.3 The COntractdr 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 J'he 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 re?ponsibJe 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 ocher 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, inducting 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 nonnal 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 hy 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 Comractor'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 aUowances 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 Comractor 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 materia15 and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.c. 20006 WARNING: Unlicensed photocopying violates U.S. copyright Jaws and Is subject to legal prosecution. '. .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profu-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 Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during'performance of the Work. The superinten- dent shall represent the Contractor, and,communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ. 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 expeclitious 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'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, Spedfications, 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 submi~tal and review . of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittaJs. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submIttals, the Contractor represents that the Comractor 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 sucr. construction, or by excavation. The Contrac. tor shall not cut or otherwise alter such construction by the AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION AIA~ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 9 WARNING: Unlicensed photocopying violates U.S. copyrtghtlaws and Is subject to legal prosecution. ., 't Owner or a separate contractor except with wrItten consent of the Owner and of such. separate contractorj such consent shall not be unreasonably wIthheld. The Contractor shall not Wlrea- 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- inig area free from accumulation of waste materials or rubbish caused hy operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract, Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from, loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. ~owever, 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 consultams, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itsell) including loss of use resulting therefrom, but only to the extent caused in whole or in part by neglIgent acts or omissions of the Contractor, a Subcontractor, anyone dIrectly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 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 shaH not be limited by a limitation on amount or type of damages, compensation or benefHs 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 speciflca- tions, or (2) the giving of or the failure to give dlrections 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 ArcWtect is the person Jawfuliy 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 nwnber. The term "Architect" means the Architect or the ArcWtect'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 ArcWtect wlil 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 jndicat- ing [hat 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 Comractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying vlolatea U.S. copyright laws and Is subjeet to legal prosecution. " ., tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. 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 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 implernenta~ 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 pr 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 Sampies, 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 Hem is a component. 4.2.8 The Architect will prepare Change Orders and Construc- [ion 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 warran[ies and related documents required by the Contract and assembled by the Contractor, and wHl 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 autllority of 5uch 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 concem~ iog 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 Definition. A Claim Is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice, The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of Architect. Claims, Including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4, A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date 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 vacam, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAi!) . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D_C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright Jaws and Is subject 10 legal prosecution. A201.1987 11 . 4.3.4 ConUnulng Contract Performance. Pending final reso- lution of a ClaIm including arbitration, unless otherwise agreed in writing the ContractOr shall proceed dJlIgently 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 Peyment. 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 Comract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documentsj or .3 terms of special warranties required by the Contract Documents. 4.3.6 Clalma for Concealed or Unknown CondlUons. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indJcated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dlf- 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 obselVing parry shall be given to the other parry 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 withJn 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 Clelms for AddlUonal 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 payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for 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 abnonnal 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. IT 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 wlthln a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other parry to Investigate the matter. If a Oalm for addi- tional cost or time related to this Claim is, to be asserted, it shall be med as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review daims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (I) request additional supporting data from the claimant, (2) submit a schedute to the parties indicating when the ArchI- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Oaim 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 wid prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party maklng 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 ot (3) notify the Architect that the initial Claim stands, 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be 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 Comract Sum or Comract 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 Clelms Subject to ArbltreUon. 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 emered 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 notke and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. 12 A201-1987 AlA DOCUMENT A20l . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA~ . @19B7THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. " 4.5.2 Rules and Notices for ArbltratJon. Claims between the Owner and Contrnctor not resolved under Paragraph 4.4 shaII, if subject to arbitrntion under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules. of the American Arbitration Assodation cur- rentiy 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 med with the Architect. 4.5.3 Contract Performance During ArbitratIon. During arbi- tration proceedings, the Owner and Contractor shall compty with Subparagraph 4.3.4. 4.5.4 When ArbltratJon May'Be Demanded. Demand for arbi- tration of any Claim may not be made untli the earlier of (1) the date on which the Architect has rendered a final written elect. 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 dedsion must be made within 30 days after the date on which the party ma1ring the demand receives the fmal 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 oflegal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 LImitation on Consondatlon 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 AaaertJon of Claims. A party who ftIes a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party falls to include a Claim through oversight, inadvertence or excusable neglect, or wheri 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 CQun 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 me:ms 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 comract 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 shaH 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 aUowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION AIA~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.c. 20006 A201-1987 13 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. " 5.3 SUBCONTRACTUAl RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the 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 e2ch case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordiaation 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.makeany 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'~ own forces, the Owner ~hall 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 exc1udirig 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 cont~actors 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 I separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201.1987 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 violates U.S. copyright laws and Is subject to legal prosecution. '/ . r ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion oCthe Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreemem 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 shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shalJ 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- templaledare so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change iei the Work; .2 the amount of the adjustment in the Contract Sum, if anYiand .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 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 Comrac- tor indicates the agreement of the Contractor therewith, indud- 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 adjusrment 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 Swn, 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 additJonal 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- rion of an appropriate Change Order. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AW~ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201.1987 15 WARNING: Unlicensed photocopying violates U.S. copyright laws and is sublect to legal prosecution. \ 'f 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 shaII be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Urness 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 Tne date of conunencement of the Work Is the date established in the Agreement. The date shaII not be postponed by the failure to act of the Contractor or of persoru; or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor 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 II to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3..1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the. Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the 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 fonn and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established' for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's. right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such appUcations may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcomractor 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, swrage and transportation W the site for such materials and equipment swred off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Pay~ent will pass to the Owner no later than the time of payment The Contracwr 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 Contracwr, Subcontractors, material suppliers, or orher persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 16 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. rCJURTt:ENTH EDITION AlA ~ . @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. . ~ ' r 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 wrlting 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 knowi- edge, information and belief, quallty 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 e~ination 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~ teet 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 re2Sonable 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 deby; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withhoiding 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 shali so notify the Architect. 9.6.2 The Contractor shall promptiy 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, refiecting 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 regai-ding 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 matertai suppliers shall bc 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 Swn shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. 9.6 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Wark when the Wark or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately;. is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AlA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe - @1987THEAMERICANINSTITUTEOFARCHITECTS, ] 735 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 17 " " nated ponion 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 Atchitect. 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 estabUsh 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 Ust accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantlal 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, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdidion 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 Of, ifno 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. roents and that the entJre balance found to be due the Contrac- tor and noted in said fmal Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed In Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (I) an affidavit that payrolls, bills for materials and equipment, and other indebtednesS connected with the .Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evideoc- Ing that insurance required by the Contract Documents to remain in force after final payment Is currently in effect and will not be cancelied 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 fmal 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. m~ 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 l,msatisfied 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 fmal 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 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and 18 subject to legal prosecution. " .. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main. taining and supervising all safety precautions and programs in connection with the performance of the Contract. 1 O~ 1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polycWorlnated biphenyl (PCB) which has not been rendered harmless, the Contractor _-shall immediately stop _ Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be reswned except by written agreement of the Owner and Contractor if in ract 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, 1 0.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or poiychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by iaw, 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 materiai 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 pan by a party indemnified hereunder. Such obligation shaH 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 shail 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 pf the Work, the Contractor shall exercise utmost care and carryon such activities under supervision of properly quaiified personnel. 10.2.5 The Contractor shail promptly remedy damage and loss (other than damage or loss insured under propeny 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 whith the Contractor is responsible uncler 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 Comractor's obligations under Paragraph 3.18. 10.2.6 The Comractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shaH be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shaJl 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 Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and orner similar employee benefit acts which are applicable to the Work to be performed; AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAII . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D,C. 20006 A201-1987 19 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. " .. .2 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 (I) by a person as a result of an offense directly or indlr,ectly 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 c1aiIns-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 fmal payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be fued with the Owner prior to cpmmencement 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 ^pplication 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-suhcontracwrs 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 physica1loss or damage including, wirhout 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 :unDunt 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 nimed 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. 20 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subJect 10 legal prosecution. " 'I 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by, property Insurance, under policies separate from those insUring the Project, or if after final payment prop- erty insurance is to be provided on the .completed Project through a policy or policies other than those Insuring the Proj- ect 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 p<>lides shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exp<>sure to loss may occur, the Owner shall me with the Contractor a copy of each pollcy that inciudes Insurance coverages required by this Paragraph 11.3. Each policy, shall contain all generally applicable conditions, dellnl- lions, exch,lsionsand endorsements related. to this Project. Each policy shall contain a provision that the p<>licy 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 (I) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property Insurance applicable to the Work. except such rights as they have to proceeds of such insurance held by the Owner as 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 subcontrnc- 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 polides shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per. son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where 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 Own~r 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 p<>wer 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;,jf 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 dir~tions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the. arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing p~operty insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and tHe Contractor shall take reasonable stePs to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would Cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specillcally required in the Contrad Documents on the date of execution of the Contract. 11.4.2 Up<>n the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions-arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to. be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Wark 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 Comract 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 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA" . @1987THEAMERICANINSTITUTEOFARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201.1987 21 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subJect to legal prosecution. '. " for commencement of warranties established urtder Sub- paragraph 9.9.1, or by terms of an applicable specIal warranty required by the Contract Documents, any of the Work Is found to be not in accordance with the requirements of the Contract DOcuments, the Contractor shall correct it promptiy after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work flIst performed after Substantial Completion by the period of time between Substan- tial Completion and the acnla\ performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- lance of the Work under the Contract and termination of the Contract. The Owner shall give such oelke 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 nonconfornling 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 shali 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 Comract shall be governed by thelaw 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 part~ers, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contaJned 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 assJgnment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRmEN NOTICE 13.3.1 Written notioe 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 Duries and obllgations 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. 13A.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 ponions 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, an~ shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi. tional testing, inspection or approval not included under Sub- paragraph 13.5.1, 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 AIA~ . @1987THEAMERICANINSTlTUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright 18W8 and Is subject to legal prosecution. ", 't 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 Subparagrnphs 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 inc1udlng 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 Substantial Complallon. 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 nul 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 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 Cectifi~ 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 Certlflcale lor 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 perfonnlng 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 jurisdlction; .2 an act of goverpment, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certlficate for Payment and has not notified the Contractor of the reason for withholdlng certlfication 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 nwn- 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 lf one of the above reasons exists, the Contractor may, upon seven additional clays' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfilJ 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 Architt7ct that sufficient cause exists to jus- AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIAfl . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 23 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. " 't 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 allmaterlals, 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 flnlsh the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finlshl11g 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, sh'lll 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 w(iting 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, carised 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 ul):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 AIArJ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D,C. 20006 3/87 WARNING: Unlicensed photocopying violates U.S. eopyrtghtlaws and Is subJect to legal prosecution. SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.IA Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $ 100,000. Westphalia Ave. Culvert Replacement & Drainage Project 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: Westphalia Ave. Culvert Replacement & Drainage Project 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 orthing whatsoever, from the beginning ofthe 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: Westphalia Ave. Culvert Replacement & Drainage Project G -1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION For Southold Town Highway Department Culvert Replacement & Drainage Project Located at WESTPHALlA AVENUE MA TTITUCK, New York 11952 (Attach Wage Rate Information Here) Westphalia Ave. Culvert Replacement & Drainage Project I - 1 " " PAYROLL CERTIFICATION FORM eN.... of aiptolyl*tYl- do hereby state: 1. That I pay or supervl.e the payment of the pereon. employed by (11'" on the (Contractor or StIb-Conb'actof) ; thet during the payroll period commencing (ProjKI or Work) on the day of , A- , and ending the day of ,.1L.-, all pereons employed on said project have been paid the full weekly wag.. earned Cox...... __ Col.... '0. _ or_~ that no rebates have been or will be made either directly or Indirectly to or on behalf of .ald contractor, from the full weekly wage. earned by any pereon and that (Conhctor or Sub-ClIn\acto.1 no deducUons have been made either directly or IndlrectJy from the full wag.. earned by any pereon other than pennlsslble deductions as defined by Regulations Issued by the New York State Department of Labor. If any wages are unpaid, as reported In Column 10 on the front of this fonn, explain below: 2. That any payrolls otherwIM under Ibis contract required to be submitted for the abov, period are correc:t and complete; that the Wig' rates for laborers, mechanic, Journeymen, skiUed and semkklUed laborer Ind apprenUces contained therein are not ilia than the applleable wage rates contained In any wage "nnlnatlon IncotpOrlted k1to the contract; that the classifications Nt forth th.~n for each laborer, meehanfc,joumeymen. skilled Ind. semi-skllled laborer and apprentice conform with work h. performed. 3. ThIt any apprentices employed In the above period .... duly reglSteted In I bona fide apprenttceshlp program reg1ltered with . Stllte op......,-hlp ogeney __ by.... New York Sureay of Apprentlcuhlp and Tnlnlng, Deportment of Lober ond Induolly. .. lhot: (a~ wtiERE FRINGE BENEf1ES ARE PAlO TO APPROVED PLANS, FUNDS DR PROGRAM. In addition to the basic hourly wage rateI paid to nch laborer, mtebanlc. journeymU. skilled and aeml-skllJed laborer and D apprentice listed In the above Nferenced payroll, payments of fringe benefits as listed In the eontract have been or will be made to 8pproprlate prograntI forthe benlnt of such em~ except u noted In StctIon . (c) below. (b). WHERE FRINGE SENEf1ES ARE PAlD IN CASH Each laborer, Mechanic, journeymen, skilled and semI..kUltd laborer and apprlntJce Usted In the above referenced payroll" C tt.. been paid, II indicated on 1be payroll, an amount not leu than the sum of the applicable basic hourly wage rate plus the amount Qf the nqulred frfnge benefits II listed In the contract, except as noted-In Section. (e) beIow~ (e). EXCEPTIONS exCl!PTlOH (CRAFT) EXPLAHA110N REMARKS: ., NAME.... TITLE' I SIGNATURE, The willful falsification of any of the above statements may subject the eontractor or sub-contractor to civil or criminal prosecution. TAKEN, SWORN AND SUBSCRIBED BEFORE II!, THIS DAY (NOTARY & SEAL) OF A.D. 20 ~ Westphalia Ave. Culvert Replacement & Drainage Project 1-2 PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS (for Contractor and Sub-Contractor's use for Weekly and Final Certlftcatlon) Name of o Contractor or, 0 Sub-Contractor: Address of Contractor or Sub-Contractor: Date Wage Due & Paid: . Telephone No. Week Ending or Final Certtflcatlon Project Name & Location: Prevailing Wage Serial Number: Agency Project Number: 0 1. 2. 3. I-' .4. DAY AND DATE 5. 6. 7. 8. 9. 10. .. ~. Ul S 1M IT IwI TI FI S DEDUCTIONS NET Name, Address and .~8 Work ~ GROSS WAGE AMOUNTS 0 II I I I I TOTAL RATE WITH. TOTAL Social Security Number ~" ~ Ctasslflcatlon I-' HOURf OFPA' AMOUN1 FICA HOLDING STATE DEDUC. PAID F.OR UNPAID of Employee ~!:~ 0 HOURS WORKED EACH DISY EARNED TAX TlONS WEEK 0 S 0 5 0 5 0 5 0 5 0 S 0 S 0 S 0 5 NEW YORK STATE DEPARTMENT OF LABOR PREVAILING WAGE DIVISION ." C') . ..... t) Q) .~ a. Q) OJ Cll C .~ o O/S - C Q) E Q) u Cll Cl. Q) a: "t Q) .2: :J () 0; > <( .!!! OJ .c Cl. - (f) Q) ~ 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-discrlmlnatlon 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 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. Westphalia Ave. Culvert Replacement & Drainage Project J-1 &. 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-dlscrlmlnatlon 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-discrlmlnation 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-dlscrlmlnatlon 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-dlscrimlnatlon 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-discrlmlnation 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 thatsuch 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). Westphalia Ave. Culvert Replacement & Drainage Project J-2 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. Speclflcall.y, Section 220-E, of the Labor Law, as so. amended, prohibits In contracts, discrimination on account of race, creed, color, or national origin in empioyment 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 ofthls bid, the bidder, offerer, appll.cant, 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 facll.ltles at any of his establishments, and that he wil.l not permit his employees to perform their services at any location, under this control, where. segregated facilities are. maintained. The bidder, offerer, appll.cant, 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 hablt,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 foll.owing notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Westphalia Ave. Culvert Replacement & Drainage Project K -1 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000. which Is not exemptfrom 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 ofthe notice In conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of Investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared Ineligible for further Government contracts In accordance with procedures authorized In Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies Invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Westphalia Ave. Culvert Replacement & Drainage Project K-2 (7) The contractor will Include the provisions of Paragraphs (1) through (7) In every subcontract or purchase order unless exempted by. rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to. any subcontract or purchase order as the. contracting agency may direct as a means of enforcing such provisions, Including sanctions for noncompliance: Provided. however. that in the event the contractor becomes Involved In, or Is threatened with, litigation with a subcontractor or vendor as. a result of such direction by the contracting. agency, the contractor may request the United States to enter Into such litigation to protect the. interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL. OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Reauired Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause Its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-1) promulgated Jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) Is. not exempt from the provisions ofthis Sub-part 1-12.8 In accordance with 1-12.804; (II) has 50 or more employees; (ill) 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), (li), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall. file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date ofthe award. Subsequent reports shall be submitted annually In accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish In the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and Is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations In this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. Westphalia Ave. Culvert Replacement & Drainage Project K-3 1-12.805.4 Reports and Other Reauired Information (b) Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state In the bid or at the outset of negotiations for the contract whether it has participated In any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether It has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be In the. form of a representation by the bidder or offeror substantially as follows: (2) "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated In a previous contract or subcontract subject to the Equal Opportunity clause herein, or the. clause originally contained In section 301 of Executive. Order No. 10925, or the. clause contained In section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations Indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above. representation need not be submitted In connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror falls to execute the representation, the omission shall be considered a minor Informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. (2) In any case In which a bidder or prospective prime contractor or proposed subcontractor, which participated In a previous contract of subcontract subject to Executive Orders. No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be. awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such Information as the. agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be 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 flied 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. Westphalia Ave. Culvert Replacement & Drainage Project K-4 ( d) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form Is as follows: Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENT. STANDARDS A. All contracts for construction or repair shall Include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented In Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from Inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he Is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. B. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and In excess of $ 2,500 for other contracts which Involve the employment of mechanics or laborers. shall Include a provision for compliance with Section 103. and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of!! hours and a standard work week of 40 hours. Work In excess of the standard work day or work week Is. permissible provided that the worker is compensated at a rate of not less than 1- 1/2 times the basic Rate of pay for all hours worked In excess 8 hours In any calendar day or 40 hours in the work week. Section 107 of the act Is applicable to construction work and provides that no laborer or mechanic shall be required to work In surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Westphalia Ave. Culvert Replacement & Drainage Project K-5 C. Each contract ofan 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. Ail 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. Ail 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. Westphalia Ave. Culvert Replacement & Drainage Project K-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: 1. Section 220.2 which requires a stipulation that no laborer, workman or mechanic In the employ ofthe 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-e provides that apprentices will be. permitted to work as. such only when they are registered, Individually, under a bona fIde program registered with the. New York State Department of Labor. The allowable ratio. of apprentices to journeymen In any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any jOb under the registered program. Any employee listed on a payroll at an apprentice wage rate, who Is not registered as above, shall be paid the wage rate. determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence ofthe registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to. using any apprentice on the contract work. 5. Section 220-e, which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring ofemployees 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,ln 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; Westphalia Ave. Culvert Replacement & Drainage Project K-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due. or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. 6. The aforesaid provisions of Section 22008 which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. 7. Section 222 which requires that preference In employment shall be given to citizens of the State of New York who have. been residents for at least six consecutive months Immediately prior to the commencement ofthelr employment; that persons other than citizens of the State of New York may be. employed when such citizens are not available; and that If the requirements of Section 222 concerning preference In employment to citizens of the State of New York are not complied with, the contract shall be. void. 8. Section 222-a which requires that if In the construction of the public work a harmful dust hazard Is created for which appliances or methods for the elimination of harmful dust have been approved by the. Board of Standard Appeals, such appliances or methods shall be Installed and maintained and effectively operated by the contractor; and that If the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, Including Public authorities, must Include In each contract paragraphs ( c) through (g) of the. Standard State. Contract Clauses promulgated by the Governor on September 12,1963 and amended November 14,1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the. department of jurisdiction and then the rate to be paid will be given by the department of Jurisdiction after being. advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment Insurance, social security and safety code provisions as are required by law. General Regulation No.1, as Issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "it Is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged In the public work described In this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder Is being conducted, the Notice of the State Commission for Human Rights Indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights In the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment Including discrimination because of age, race, creed, color or national origIn. Westphalia Ave. Culvert Replacement & Drainage Project K -8 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 culvert 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 drainage structures and French drains within the shoulder of Westphalla Ave. 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. All excavations and damaged asphalt pavement areas within the construction area shall be patched in accordance with Town Highway Specifications. 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. D. The contractor shall obtain and pay for all applicable fees and charges not specifically excluded from this contract. 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 flagmen 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 Highway Superintendent. 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. Westphalia Ave. Culvert Replacement & Drainage Project Page 1 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 Architect If such a product is available. 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 aBrespec:ls 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 extending from Deer Drive to the South to 125' North of Silkwood Road. Any and all damage caused by construction activities to the existing 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. Westphalia Ave. Culvert Replacement & Drainage Project Page 2 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. 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 soli to not less than the following percentage of maximum dry density for solis 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. Road 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 soli material In layers to required sub grade elevations, for each area classification listed below. 1. Under Road 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. ACI318 "Building Code Requirements for Reinforced Concrete". 1.03 PRE.CAST CONCRETE HEADWALL MATERIALS: A. Pre.cast Concrete Headwalls shall be as manufactured by Coastal Pipeline or approved equal. END OF SECTION Westphalia Ave. Culvert Replacement & Drainage Project Page 3 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. 1.02 BASE COURSE FOR ASPHALT PAVEMENTS OVER ALL EXCAVATED AREAS: A. The base course shall consist of three-fourths-lnch 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. 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 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. 100 sieve: 4% to 12%. (7) Asphalt cement grade AC-20: 6% to 8%. (8) Temperature range placing: 2250 to 2750 F. Westphalia Ave. Culvert Replacement & Drainage Project Page 4 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 mel The course shall. be compacted with ten-ton tandem steel wheel roll.ers or vibratory roll.ers of a type as approved by the Engineer. During the Initial roll.lng, rollers shall travel parallel to the center II.ne beginning at the edge and working toward the. center, overlapping on successive passes by 1/2 of the roll.er wheels. A minimum of four passes of rollers will be required. C. The temperature of the material, when placed, shall. not be less than 2250 F. No material shall be placed when the air and surface on which the material. Is to be placed Is below 400 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 minerai filler. The minerai filler shall consist of II.mestone 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 mel The course shall be compacted with ten-ton tandem steel wheel rollers or vibratory roll.ers of a type as approved by the Engineer. During the initial rolling, rollers shall travel parall.el 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 roll.ers will be required. C. The temperature of the material, when placed, shall not be less than 2250 F. No material shall. be placed when the air and surface on which the material is to be placed Is below 400 F. END OF SECTION Westphalia Ave. Culvert Replacement & Drainage Project Page 5 Section 5000 . CULVERT & DRAINAGE PIPE CRITERIA 1.01 DESCRIPTION: A. The Inside diameter of the new culvert pipe shall be thirty six (36") inches and shall be constructed of reinforced, traffic bearing, 4,000 PSI structural concrete. B. The minimum diameter of storm-water drainage pipe shall be 18 Inches. The pipe shall be Traffic Bearing ADS, 14-gauge galvanized corrugated steel, aluminum or reinforced concrete. Other types of drainage pipe may be used only with approval of the Superintendent of Highways. 1.02 INSTALLATION PROCEDURE: A. The trench width for pipe Installations shall be the pipe diameter plus 24 inches. Trench bottoms shall be flat and to the required pitch with holes as necessary for bells, Joints and Joint-making. B. Sheathing and bracing of trenches and structure excavation shall be used whenever soil conditions or depths of trenches Indicate caving. It shall also be done where trade regulations, Industrial code regulations or other applicable laws require it, regardless of soli conditions. C. Backfill In trenches under paved areas shall be compacted with vibrating plate compactors or Impact rammers. END OF SECTION Westphalia Ave. Culvert Replacement & Drainage Project Page 6