HomeMy WebLinkAboutSpecifications for Repairs & New Ceiling for Senior/Youth CenterSPECIFICATIONS
FOR
BUILDING REPAIRS AND NEW HUNG CEILING
AT
SOUTHOLD SENIOR/YOUTH C[-'NTER
PECONIC, NEW YORK
CONTRACT
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
APRIL 8, 1986
Prepared by:
FAIRWEAT HER-BROWN/ARCH ITECTS
Box 521
Greenport, New York 11944
(516) 477-9752
Section
A
C
D
E
F
G
H
I
J
K
L
DIVISION 1
Section 0100
DIVISION 5
Section 0510
Section 0520
DIVISION 7~
Section 0710
Section 0720
Section 0730
DIVISION 8
Section 0810
DIVISION 9
Section 0910
TABLE OF CONTENTS
Invitation to Bid
Instructions to Bidders
Bid Proposal
Statement of Non-Collusion
Resolution
New York State Affirmative Action
Certification
Offer of Surety
Bid Bond
Standard Form of Agreement Between
Owner and Contractor
Performance Bond
Labor and Material Payment Bond
Form of Maintenance Bond
General Release
Prevailing Wage Rates
Compliance with the Labor Law and Other
Department of Labor Regulations
N~n-Discrimination Clause
General Conditions of the Contract
for Construction
Supplementary General Conditions
General Description of Contract
Removal of Roof Ridge and
Installation of Ridge Vents
~Removal and Replacement of
Gable End Wall Panels
Flashing at Roof Connections
Caulking at Wall Penetrations
Insulation
Window Repair
New Suspended Ceiling
Page Numbers
A-1 only
B-1 to B-4
C-1 to C-3
C-4 only
C-5 only
C-6 only
C-7 only
C-8 only
D-1 to D-4
E-1 to E-2
E-3 to E-4
F-1 to F-2
G-1 only
H-1 to H-31
I-1 to
J-1 to J-2
K-1 to K-19
L-1 to L-3
0100-1 only
0510-1 to 0510-4
0520-1 to 0520-2
0710-1 to 0710-2
0720-1 only
0730-1 only
0810-1 only
0910-1 only
LEGAL NOTICE
BUILDING REPAIRS AND NEW HUNG CEILING
AT SOUTHOLD SENIOR/YOUTH CENTER
PECONIC, NEW YORK
The Town Board of the Town of Southold will receive bids for furnishing
of all labor, material, and equipment as specified, for the satisfactory
completion of "Building Repairs and New Hung Ceiling at Southold Senior/Your
Center, Peconic, New York", in accordance with the drawings and specifiCatio
prepared by Fairweather-Brown, Architects, Box 521, Greenport, New York
11944.
Bids will be received at the Office of the Southold Town Clerk, Southold
Town Hall, Main Road, Southold, New York, until 11:00 A.M., Thursday,
June 12, 1986, at which time they will be opened and publicly read aloud.
Contract Documents may be obtained at the Office of the Town Clerk,
Town of Southold, Town Hall, Main Road, Southold, New York 11971, by
submitting a deposit of twenty-five dollars ($25.00), cash or check, made
payable to the Town of Southold, for one (1) copy of the Contract Documents.
There are no refunds.
This invitation to bid is not an offer and shall in no way bind the Town
of Southold to award a contract, for performance of the project. Should the
Town of South~
responsiblr
T'
ar'
SECTION B
INSTRUCTIONS TO BIDDERS
DOCUMENTS: Complete sets of Bidding Documents will be
issued for bidding purposes as stated in the "Invitation
to Bid". A complete set of Documents consists of the
following:
a. A bound copy of the Drawings and Specifications.
b. Addenda (if any).
PROPOSALS: To be considered, Proposals on the form included
herein, must be in accordance with these Instructions to
Bidders. All bids must be submitted on prescribed forms as
bound herein, see Section C. All blank spaces for bid
prices must be filled in, in both words and figures, either
typed or in ink. Include all Unit Cost Price items.
Proposals that contain any omission, erasures, alterations,
additions, or items not called for in itemized Proposal, or
that contain irregularities of any kind, may constitute
sufficient cause for rejection of the b~d. In case of any
discrepancy in the price or amount bid in the Proposal, the
price, as expressed in words, shall govern. All bids must
be submitted in sealed envelopes addressed to:
and be clearly identified with: (1) Project name, (2) Name
of Bidder and address. Proposals shall be signed with name
typed below signature. Telephone or Telegraphic bids will
not be accepted.
QUALIFICATIONS OF BIDDERS: The Owner may make such
investigations as he deems necessary to determine the
qualifications of the Bidder to perform the work, and the
Bidder shall furnish information and data for this purpose
as may be required. The Owner reserves the right to reject
any bid if the evidence submitted by a Bidder, or the
investigation of such Bidder, fails to satisfy the Owner,
that such Bidder is properly qualified to carry out
obligations of the Contract and to complete the work
contemplated therein within the time designated. Fraudulent
statements shall cause rejection of Proposal and forfeiture
of bid security.
CONDITIONS OF WORK: Each Bidder must inform himself fully
of conditions relating to the construct~[on and labor under
which work will be performed. Failure to do so will not
relieve a successful Bidder of his obligation to furnish all
material and labor necessary to carry out the provisions of
the Contract and to complete the work for the consideration
set forth in his Bid. Bidders are cautioned not to submit
Proposals until after having inspected the site of the
proposed work and having made themselves familiar with local
B - i
o
INSURANCE REQUIRED: The successful Bidder will be required
to procure and pay for the following types of insurance, in
accordance with the provisions of the General Conditions:
a. Workmen's Compensation.
b. Contractor's Comprehensive Liability and Property Damage.
c. Contractor's Comprehensive Automobile Liability.
d. Fire Insurance - Builder's Risk completed value form.
SECURITY FOR FAITHFUL PERFORMANCE: The Contractor shall
upon execution of the Contract, submit an executed
Performance Bond in an amount equal to one hundred percentum
(1MMV) of the accepted bid as security for the faithful
performance of the terms, covenants and conditions of the
Contract and a Labor and Material Bond for the full amount
of the Contract price guaranteeing the full payment of all
persons performing labor or furnishing material in
connection therewith.
The Bonds shall be prepared on the forms included hetein
under Section E Form of Performance Bond and Labor and
Material Bond, and shall have as Surety theron such Surety
Company or companies as are acceptable to the Owner and as
authorized to transact business in the State of New York. A
separate Maintenance Bond shall be written so as to remain
in full force and effect as a maintenance bond for a period
of not less than one (1) year after date of acceptance of
work.
FORM OF CONTRACT: Basic forms of agreement shall be the
American Institute of Architects "Standard Form of Agreement
between Owner and Contractor", Document A1M1, September 1977
edition, and the "General Conditions of the Contract for
Construction", Document A2Ml, April 1976 edition, and all
amendments thereto.
AWARD: The Contract will be awarded on the basis of low
bid, including full consideration of Alternates.
SALES TAX EXEMPTION: Under Chapter 513 of the Laws of New
York, 1974, all materials and supplies sold to a contractor
and which are to become an integral, component part of a
structure, building or real property owned by an exempt
organization such as the TOWN OF SOUTHOLD, SUFFOLK COUNTY,
NY are exempt from the payment of New York State Sales or
compensatory use taxes. Therefore, the Contractor should
not include any amount in its bid price to cover sales taxes
for the above items.
12. OWNER: TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
S - 3
13.
14.
INTEREST OF CERTAIN FEDERAL OFFICIALS: No Member of or
Delegate to the Congress of the United States, and no
Resident Commissioner, shall be admitted to any share or
part of this contract or to any benefit to arise from the
same.
INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF THE
AFOREMENTIONED O~NER, MEMBERS OF LOCAL GOVERNING BODY, OR
OTHER PUBLIC OFFICIALS: No Member, Officer, or employee of
the Owner, or its designees or agents, no member of the
governing body of the Owner, and no other public official of
the Owner who exercises any functions or responsibilities
with respect to the Community Development Program during his
tenure or any time after the termination of his tenure,
shall have any interest, direct or indirect, in this
contract, or the proceeds thereof. The contractor shall
incorporate the foregoing requirements of this paragraph in
all of its subcontracts for program work.
15. START OF CONTRACT: To be determined by the OWNER.
B - 4
NAME OF BIDDER:
SECTION C
BID PROPOSAL
REPAIR WORK AND NEW HUNG CEILING
CONTRACT
TO:
Town Board
Town of Southold
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 profits thereof; that he has carefully
examined the Contract Documents dated 4/8/86,. including Bidding
Requirements, Contract Forms. General and Special Conditions,
Specifications. Contract Drawings, and Addenda, if any (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 site of the proposed work, and by
such other means as he may have chosen, as to the conditions and
requirements of the work; and that he proposes and agrees that if
his proposal be accepted he will contract to furnish all
materials not provided by the Owner (see Specifications) and to
perform all the work required to construct, perform, and complete
the work at:
Southold Senior/Youth Center
located in: Peconic, New York
for: Building Repair and Hung Ceiling Installation
and all other work in connection therewith, in accordance with
the Contract Documents and Addenda, if any. ])repared by
Fairweather-Brown/Architects, Box 521, Green]~ort. New York 11944,
and complying with all the stipulations contained therein and
will furnish the required Performance Bond; that he will start
the work as directed by the OWNER. and complete the work
hereunder in a timely manner, and that he will accept, in full
payment thereof as listed below:
C - 1
Building Repairs for the following lump sum price to wit:
$
(written
Hung Ceiling and associated materials
price to wit: $ ,
in words)
for the following lump sum
(written in words)
Bidder acknowledges receipt of Addenda as follows:
(signature)
(signature)
(signature)
And he further agrees that if this proposal shall be accepted by
the Owner and that if he shall refuse, fail or neglect to enter
into a contract pursuant to such proposal and to the requirements
of the Owner, and shall fail to give the required security within
ten (1~) 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, then 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 Owner as liquidated damages~ otherwise certified check shall
be returned to the bidder within forty-five (45) days after the
date of receiving bids.
We the undersigned, further agree that this proposal is a form
bid and shall remain in effect for a period of forty-five (45)
calendar days from the date of the opening of bids, and that
within said period of forty-five (45) days, the Owner will accept
or reject this proposal or by mutual agreement may extend this
time period.
C - 2
The following is a list of places where we have performed work of
a similar character and magnitude, together with references:
LOCATION
APPROXIMATE COST
REFERENCES
The full names and places of residence of all persons and parties
interested as principals in the foregoing proposal are as follows:
Signature of Bidder:
U. S. Treasure No.:
Business Address:
Place of Residence:
Date:
Tel. No.:
C - 3
STATEMENT OF NON-COLLUSION
(To be Completed by Each Bidder)
In accordance with Section 103-d General Municipal Law~ effective September 1~ 1966,
every bid or proposal hereafter made to a political subdivision of the State or any public
department, agencyt or official thereof or to a fire di:strlct or any agency or official thereof
for work or services performed or to be performed or goods sold or to be soldt shall contain
the following statement subscribed to by the bidder and affirmed!by such bidder as true un~ler
the penalties of perjury; non-collusive bidding certification.
a. By submission 'of this bid, each bidder and each person si~ning on behalf ot~ any
bidder certifies~ and in the case of a joint bid~ each party thereto certifies as
to its own organlzati0n~ under penalty of perjury~ that to the best of knowledge
and beJief:
(1) The prices in this bid have been arrived at independently without collusions
consultation, communication~ or agreement, for the purpose of restricting
competitlon~ as to any matler relating to such prices with any other bidder
or an)' competitor.
(2) Unless otherwise required by law~ the prices which have been quoted in
this bid have not been knowingly disc!0sed by the bidder and will not
knowingly be disclosed by the bidder prlor to opening~ directly or indirectly~
tO any other bidder or to any competitor.
(3) No attempt has been made or will be made by the bidder to induce any
other person~ partnership, or corporation to submit or not to submit a bid
for the purpose of restricting competition.
b. The person signing this bid or proposal certifies that'he has fully informed himself
regarding the accuracy of the statements contained in this certification, and under
the statements contained in this certification,, and under the penalties of periurys
affirms the truth thereoft such penalties being applicable to the bldder~ as well as
the person signing in its behalf.
c. That attached hereto (if a corporate bidder) is a certified copy of resolution author-
izing the execution of this certificate by the signator of this bid or proposal in behalf
of the corporate bidder.
RESOLUTION
Resolved that
(Name of Corporation)
be
authorized to sign and submit the bid or proposal of this
corporation for the following project
(Describe Project)
and to include in such bid or proposal the certificate as to non-
collusion required by section one-hundred-three-d (103-d) of the
General Municipal Law as the act and deed of such corporation,
and for any inaccuracies or mis-statements in such certificate
this corporate bidder shall be liable under the penalties of
perjury.
The foregoing is a true and correct copy of the resolution
adopted by
corporation at a meeting of the Board of Directors held on the
day of , 19
(SEAL OF THE CORPORATION)
Secretary
Laws of New York, 1965
Ch. 751, Sec. l~3-d, as amended
effective September 1, 1965.
C - 5
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)
certified that:
1. it intends to use the following listed construction
in the work under the contract
trades
and,
as to those trades set forth in the preceding paragraph
one hereof for which it is elgible~under Part I 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,
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 manpower
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, those trades being:
and,
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)
C - 6
OFFER OF SURETY
(To be Completed by Each Bidder)
In the event the above Proposal is accepted and the undersigned
is awarded the Contract for the work, the undersigned offers as
surety for faithful performance, bond and/or'bonds to project
labor and material men, the following surety:
SURETY COMPANY
Signed
(Bidder)
CERTIFICATE OF SURETY to be signed by a duly authorized official,
agent or attorney of the Surety Company.
In the event that the above Proposal is accepted and the contract
for the work is awarded
the
to said
(Bidder's Name)
(Surety Company)
will execute the Surety Bonds as hereinbefore provided.
Signed:
Authorized Official,, Agent, or Attorney
Date:
IMPORTANT:
THIS PAGE MUST BE FILLED OUT ~4HEN
IS SUBMITTED IN LIEU OF BID BOND,
REJECTED.
CERTIFIED CHECK
OR BID MAY BE
c ~
'I'11I /-.MERICAN
INSTITUTE
Oi: A'RcI IITECTS
AIA Document A~IO
Bid Bo.ncl
::NOW ALL MEN BY THESE PRESENTS, thatwe
as .Principal, hereinafter called the Principal, and
a corporation duly organized under the laws of the State of
as Surety, hereinafter called the Surety, are held and firmly bound unto
~ Obllgee, hereinafter called the Obligee, in the sum of
Dollars ($ ),
for the payment of which sum well and truly to be made, the ~aid Principal and the said Surety, bind
-,.~urselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for :
e.~OW, THEREFORE, it the Obligee shall accept the bid o1' the Principal and the Principal shall enter into · Contract
~,ilh I~e Obligee in accordancr wilh the terms o[ such bid, and give such bond or bonds as may be specified in the bidding
,,,~¢ Conb~c~ Documents with g~,od and sufficient su~e~y Ior the failhlul peHo~mance of such Contract and Ior the prompt
~,aymem of L~or and material lurnishecl in the prosecution Ihereol, or in the event ol the lailufe ol Ihe Principal to enler
~.uch Co~lra~ and give such bond or bonds, it the Principal shall pa)' to the Oblisee the difference not Io exceed Ihe penally
~ereot belween ~be amount sprcified in said bid and such larger amouet lot which the Obllgee may in good faith conlract
w!lh zr.o~her party to perform Ibc Work covered by said bid, then Ibis obligalion shall be null and void, otherwise Io remain
in full tcxce and effect.
Signed and sealed this
day of 19
IPHncipal)
(Seal)
(Title)
($ure~y)
SECTION D x
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document AIO1
Standard Form of Agreement Between
Owner and Contractor
· where the basis of payrnent is a
STIPULATED SUM
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CON$£QUENC£$; CONSULTATION WITH
AN ATTORNEY I$ ENCOURAGED WITH RESPECt TO ITS COMPLETION OR MODIFICATION
· Use only with the ?975 Edition at AIA Document A20'/, General Conditions ot the Contract /or Construction.
This document has been approved and endorsed by The A~sociated General Contractors of America.
AGREEMENT
made as of the
Hundred and
BETWEEN the Owner:
day of
in the year of Nineteen
and the Cofftractor:
The Project:
The Architect:
The Owner and the Contractor agree as set forth below.
C
ARTICLE '1
THE CONTRACT DOCUMENTS
The Contract Documenls consist of this Agreement, the Co0ditions of the Contract (General, Supplementary and
other Conditions), the Drawings, the Specifications, all Addenda issued prior Io and all Modifications issued after exe-
cution of this Agreement. These form ~he Contract, and all are as fully a part of Ihe Contract as if attached to this
Agreement or repealed herein. An enumeration of the Contracl C)ocumenls appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Conlract Documents
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Conlract shall be commenced
and, subiect to authorized adjustments, Substantial Completion shall be achieved not later than
ARTICLE 4 '~
CONTRACT SUM
The Owner shall pay the Contractor in current funds for 1he performance of the Work, subiect to additions ane
deductions by Change Order as provided in the Contract Document'G, the Contract Sum of
The Contract Sum is determined as follows:
ARTICLE 5
PROGRESS PAYMENTS
Based upon Appllcations for payment submitted to the Architect by the Contractor ~nd Certificates for Payment issue'~
by the Architect, the Owner sba I make progress payments on account of the Contract Sum to the Contractor as pro-
vided in the Contract Documents for the period ending the day of the month as follow::
days fottowing the end of;the period covered by the Application for Paymer:
materials an~
Not later than percent ( %) of the porlion of the Contract Sum properly allocable to labor,
percent ( %) of the portion of the Contrac
e u pment incorporaled in the Work and
squm propedy allocable to ma erials and equipment suitably stored at the site or at some other location agreed upo'
in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by
Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to
percent ( %) of the Contract Sum, less s[,~ch amounts as the Architect shall determine for
incornp~ete Work and unsettled claims as provided in the Contra:t Documents.
(_
Payments due and unpaid under the Contract Documents shall bea~ interest from the date payment is due at the r.
entered below, or in the absence thereof, at the legal rate prevailing at the place of the ProjecL
ART!CL£ ~
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the
Contractor when the Work has been completed, the Contract lu[ly perlormed, and a final Certificale for Payment has
been issued by the Archilect.
ARTICLE 7
MISCELLANEOUS PROVItSIONS
7.1 Terms used in this Agreement wh ch are defined in the Conditions of th~: Contract shale have the meanings
designated in those Conditions. the entire agreement between the Owner and the Contractor, are listed
7.2 The Contract Documents, which conslitute
in Article I and, except for Modifications is~.ued a~ler execution ol this Agreement, are enumerated as follows:
This Agreement entered into as of the day and year first writ[en above.
OWNER CONTRACTOR
BY
BY
A101-1977
THE. AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that
as Principal, hereinafter called Contractor, and,
as Surety, hereinafter called Surety, are held and firmly bound unto
as Obligee, hereinafter called Owner, in the amount of
Dotlars ($ ),
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
Icj , entered into a contract with Owner for
in accordance with Drawings and Specifications prepared by
which contract is by reference made a part hereof, and is hereina[ter referred to as the Contract.
PERFORMANCE BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION iS such ~hat, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner
to be in dei~ault under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety
may promptly 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 ~ts terms and conditions, and upon
termination by Surety of the lowest responsible bidder,
or, if the Owner elects, upon de. termination by the
Owner and the Surety jointly of the lowest responsible
bidder, arrange for a con(tact between such bidder and
Owner, and make available as Work progresses (even
thou8h there should be a default or a succession of
defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price;
but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance
of the contract price," as used in this paragraph, shall
mean the total amount payable by Owner to Contractor
under the Contract and any amendments thereto, less
the amount properly paid by Owner to Contractor.
A~y suit under this bond must be instituted before
the expiration of two (2) years from the date 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, adminis4
trators or successors ot~ the Owner.
Signed and sealed this
day of
19
~Tide~
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document
Labor and Material Payment Bond
THIS BONO IS ISSUED SIMULTANEOUSLY WITH pERFORMANCE 8OND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL ANO FAITHFUL PERFORMANC£ OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
as Principal, hereinafter called Principal, and,
as Surety, hereinafter called Surety, are held and firmly bound unto
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated
19 , entered into a contract with Owner for
in accordance with Drawings and Specifications prepared by
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
LABOR AND MATERIAL PAYMENT BOND
F~OW. THEREFORE. THE CONOITION OF THIS OBLIGATION JS 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
Conlract. then this obligation shall be vo*d; otherwise it shall remain in full force and effect, subject, however, to the roi-
Iow,ng 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 ~n
full before the expiration of a period of ninety
days after the date on which the last of such cta.manrs
work or labor was done or performed, or materials were
furnished by such claimant, may sue on thss bond for
the use of such claimant, prosecute the suit lo 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) Un~ess claimant, other than one having a direct
contract with the Principal, 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
accuracy the anaount 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 mading 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 se~,ed in the state in which the
aforesaid prolect is located, save that such service need
not be made by a public officer.
b) After the e~piration 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 law.
c) Other than in a state court of competent jurisdiction
in and for the county or other political subdivision of
the state in which the Proiect. or any part thereof, is
situated, or in the United States District Court for the
district in which the Project, or any part thereo(, 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 s~sch lien be presented under and against this bond.
Signed and sealed this
day of
19
ITille)
SECTION F
FORM OF M. AINTENANC. E BOND
KNOW ALL MEN BY THESE PRESENTS:
That We, (hereinafter called t)~prinCipal)
os Principal and the ~ a Co:para:ion with an office
and place ofbuslness for the State of New york at , I'JewYork, (hereinafter
called the Surety) as Suret7~ are held and firmly bound unto the
( erelnafterca edt eO ligee)aS O igee in i-h-~ sum of ($ ).DOLLARS,
lawful money of the United States of America~ for the payme~tw~ereaf the principal and
Surety bind themselves, their successors and assigns, jointly and severally, Firmly by these
presents.
Signed, sealed and dated this day of' ~ 19 ..
WHER'EAS, the principal heretofore entered into a written conlract with the ObHgee
for
WHEREAS, sold Contract provldes that the Principal shall guarantee
NOW, THEREFORE, the condition of this obligation is such, that if the above Prin-
cipal shall indemnify the obligee against 1ass by reason of his failure to make gocx:l at his
own expense any defects or deflclencles in materials or .workmanship which may appear in
the work under said contract with the period of year (s) from the date
of acceptance of the work, then this obllgat]on Shall be void; olhe~vlse to remain in full
force and effect. .-' -:
BY:
principal
F-1
S'I'AT E OF
COUNTY OF__ )
day of 19__
On this
personally appeared the within named
to me knawn~ and known to me to be
' ' d and who executed the with~n bond, and
the indlvldual oescrlbe in
acknowledged ta me lhat he ,executed the same.
'~OTARY P~
(..
F-2
SECTION G
GENERAL RELEASE
(To Be Submitted With Requisition For
Final Payment)
KNOW ALL MEN BY THESE PRESENTS, tha%
for and in consideration of the sum of
United States of America,
(Contractor)
][awful money of the
to it in hand paid by
(Owner/Contracting Agencyl)
have remised, released, quit-claimed, and forever discharged,
by these presents to for its successors and assigns remise,
release, quit-claim, and forever discharge the said
and
(Owner/Contracting Agencyl)
and Fairweather-Brown/Architects, 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, eMtents,
executions, claims and demands whatsoever in law and equity,
which against the said
(Owner/Contracting Agency)
and Pairweather-Brown/Architects, BOM 521, Greenport, New York
11944, now have or which heirs, executors, or administrators
hereafter can, shall, or may have, for upon or by reason of any
matter, cause or thing whatsoever, from the beginning of the
world to the day of the date of these presents rising out of the
construction, in accordance with contract entered into between
parties hereto, dated ,
nineteen hundred and eighty and any admittance of
supplements thereto.
IN WITNESS WHEREOF, the undersigned corporation has caused this
agreement to be signed by its
and its corporated seal to be hereto affixed and duly attested by
its this
day of , 19
Attest:
Pr inci]~al:
G - 1
Schedule TyPe-COMPLETE 30
Oa~e 03/El/BE
Re(er ~o:
(.
DIRECTOR
di speh~ati on is 9~an[ed by the Co~missi ono~ of Labor. (See 5ec~i oh 220.2)
of wage shall be annual IV de~e~i ned no la~e~
H - 2
CCon%l hued)
H 3
ii. ~ 4
of the hourly rate afte~ 7 hours pew day.
7/Z/B5
The Holidays as
h~o ~he prevai I i ~ Pa~e schedule by ~ea~s of an addE~hdu~. T~i s &dde~dum will be
H -' 6
30
TOWN
OTHER RECON, WAINT, REPA/R, ALT
H - 7
5TRTE OF NEH YORK
DEPRRTHENT OF L~BOR
Schedule Type COMPLET£
30
Box Z
5helte~ [stand, NY
30
TOWN
OTHER RECQN, MAZNT, REPAZR, ALT
Cb] HEAT/VENT,
H 9
PRC 8601930
Locatioh and Type of ProJe¢~
5outhold Seni oP/You~h
:SD
C, SUFFOLK
COUNTY
TOWN
OTHER RECON, NR[NT, REPAIR, ALT
O~e O-~- t e O-~te
Cb] HE~T/VENT.
Cc] ELECTRZCAL
H I0
PREVA[LZNG RATE SCHEDULE
Case Number
8S01530
C
7TH. BTH.
C x ~,¥es C ~No. 8-5
8-10B?
H - 11
PAG£ ATTACH£D
Public Work
SUFFOLK COUNTY
C
CARPENTER
Listed supplemeh~s apply to ALL classifications ( x )Yes C ~No. B-~D
H 12
3D-7/OZ/B5 th~u G/30/B&
(.
B-153Gh
H - 13
SUFFOLK COUNTY
3D-7/0[/85 thru 6/30/~6
.{
]No. ~-5UF
H - 14
SUFFOLK COUNTY
Pa9e 5
5/03/86- 11/01/86-
11/01/86 ~/30/87
H 15
( $ )See NOTZCE PAGE ATTACHED
Public York
C )Yes C x ~No.
H - 16
SUFFOLK COUNTY
LABORER
}Yes C x ~No.
H - 17
SUFFOLK COUNTY ~
Page
Listed supptements apply to A~L~ classifications (
)Yes C x ~No.
H - 18
Building:
Mosaic and
Terrazzo Helper .....
17.31 17.5G
.79
20.31
1.75 1.75
)Yes C ]No. 8-Ba
H 19
PREVAILZNG RATE SCH£DUL£
Case Numbee
SG01930
(_
:)Yes C x 3No.
)No. 8-33
1.70
.60
2.00
H - 20
8G01930
Bureau
Public
16.15
D~UCRTZME P~: See ( B ] on OVERTIME PAGE attached.
to Jourheyeen C :) C ] C
SUPPLEMENTAL 8ENEFZT~: Cpr hour
Hoa i th/Wet farG ........ $ . ~G
H -~ 21
Mason Ccont... }
15.01 19.75
20.5Z 21.25
20.51 21.25
m-mo&
H 22
30-7/01/85 thru E/30/B&
C
17.33
19.23
17.33
12131/86
21.85
8-G385/s
H 23
Bureau
Public
thru
C
~IIEETMET~L WORKER
~CE~[pe~ hour) 8/01/85- l/~0/8~-
B-282~sh
BG01930
SUFFOLK COUNTY
30-?/01/85 ~hru G/30/SG
H - 25
C
3 ( 3 C
to ALL ¢la$$i ticati ohs
C )No. 8-15D~$
8-1536
H - 26
C
20.565
19.305 20.305
site Of Job~, PowoP ~i nchCused for stone
19.08
20.08
Po~eP ~inch
I{ - 2 7
C · )see NOT/CE PAGE ATTACHED
Public Wopk
3D-7/01/85 thru 6/30/85
C
C
H - 28
C
tt - 29
H 3O
H - 31
SEC)', ON I
COMPLIANCE WITH THE IJ~BOR LAW
AND OTHER 'DEPARTMENT OF LABOR REGULATIONS
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 rea,
and enforced as though it were included hereln~ 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 mc:
such inclusion,
Specifically~ Section 220-e~ of the Labor Law, as so amended, prohibits in
contracts, discrimination on account of race, creed, co!or, or national orlglr
in employment of citizens upon public works.
There may be deducted From the amount payable to the Contractor by the Ow
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 intimldat.
in violation of Section 220-e.; provided, that For a second or any subsequent
violation of the provisions of said paragraph, this Contract may be cancelled
or terminated by the Owner and all monies due or to become due hereunder
.may. be Forfelted.
FEDERAL REGULATIONS
1. CERTIFICATION OF NONSEGREGATED FACILITIES
B~ the submlssion of this bld~ the bidder, oFferor~ appllcant~ or subcontract0.
certifies that he does not maintain or provide For his employees any segregat~
facilities at any of his establlshmen~rs~ and that he does not permit his empIo)
to perform their services at any location, under his control~ where segregate~
facilities are maintained. He certifies further that he will not maintain or
provide For hls employees an segre!~ted facilities at any of his establishment
and that he will not permit hls emp)oyees to perform their services at any
location, under this control, where segregated facilitles are maintained.
The bidder~ offeror, applicant, or subcontractor agrees that a breach of thls
certification is a violation of the Equal Opportunity clause in this conlract.
As used in this certiFicationt the term "segregated Facilities" means any
waiting rooms, work areas, rest roams and wash rooms~ restaurants and other
eating areas, time clockst locker rooms and other storage or dressing areast
1-1
time clocks, locke~ rooms and other storag~ or dressing areas, parking lots,
drinking fountains, recreation or entertainment areast transportation, and
housing facilities provided for employees which are segregated by explicit
directive or are in fact segregated on the basis of race, creed, colort or
national orlgint because of habit~ Iobal 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 $10t000 which are not exempt from the provisions of the Equal
Opportunity clause; that he will retain such certifications in his files; and
that he will forward the following notice to such proposed subcontractors
(except where the proposed subcontractors have submitted identical
certifications for ~pecific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
'CERTIFICATIONS OE NON SEGREGATED FACILITIES
A certification Of Non.segregated Facilities must be submitted prior to the
award of a subcontract exceeding $10,000 Which is not exempt from the
provisions of the Equal Opportunity clause. The certification may be
submitted either for each subcontract or for all subcontracts during a
period (i.e.~ quarterly~ semiannually, or annually).
NOTE: The penalty for making false statements in offers is prescribed in
18 U.S.C. 1001.
"Durlhg the performance of thls contract, fhe contractor agrees as fallows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, creed~ color, or national origin. The contract
will take affirmative action to ensure that applicants are employed, and that
employees are treated dbrlng employment, without regard to their racet-cree
color, or national origin. Such action shall include, but not be llmlted tot
the followlng: emplo);ment, upgrading, demotion or transfer; recrultment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places~ available to employees and
applicants for employment, notices to be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicltatlons or advertisements for employees
placed by or on behalf of the controctor, 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 whichhe has a collective bargaining agreement or other contract or
understandir~g~ 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 Septembe,
24~ 1965, and shall post copies of the notice in conspicuous places availab
to employees and applicants for employment.
(4)
(5)
The contractor will comply with all provisions of Executive Order No. 11246
of September 24~ 1965~ and of the rulest and regulations, and relevant orders
of the Secretary of Labor.
The contractor will furnish all information and reports required by Executive
Order No. 11246 of September .24· 1965, and by the rulest regulations, and
brders of the Secretary of Labort or pursuant thereto, and will permit access t
his books, recordst and accounts by the contracting agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules,
regu~atlons~ and orders.
In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of such ru'les~ regulations· or orderst
this contract may be canceled, terminated, or.~suspended in whole or in
part and the contractor may be declared ineligible for further Government
contradts in accordance with pr. ocedures 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. 1.1246 of September
24t 1965· ar by rule· regulatlon~ or order oF the Secretary ~f Labor~ or
as otherwise provided by law.
The contractor will include the provisions of Paragraphs (1) through (7) in
every subcontract or purchase order ·.unless exempted by rules~ regu~at, lons~
or orders of the Secretary of Labor ~ssued pursuant to Section 204' of '
Executive Order No. 11246 of September 24· 1965, so that such provls[ons
wil.I be binding upon each subcontrm:tor or vendor. 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 provlsionst
including sanctions for noncompliance: Provided, howevert 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 contracHnl
agency· the contractor may request 'the~ United States to enter into such
litigation to protest the interests of the United States."
FEDERAL PROCUREMENT REGULATIONS
EQUAL OPPORTUNITY IN EMPLOYMENT
1-12.805-4 Reports and Other Required Intrormatlon
(a) Requirements for prime contractors and subcontractors.
(1)
Each agency shall require each prime contractor and each pr[me
contractor and subcontractor shall cause its subcontractors to file
annually, on or before March 31· complete and accurate reports
on Standard Form 100 (EEO-I) promulgated jointly by the Office
of Federal Contract Complioncet the Equal Employment Opportunity
Commission, and Plans for Progress, or on such form as may hereaftez
be promulgated in its place, if such prime contractor or subcontractc
(1) is not exempt from the provisions of this Subpart 1-12.8 in
accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a
prime contractor or first-tier subcontractor; and (iv) has a contract,
1-3
sub-contractt or purchase order amounting to $50s000 or morev or
serves as a deposlta, ry of Government funds l'n any amount, or is a
financial institution which is an issuing and paying agent for U.S.
savings bonds and savings noteis: Provldedt That any subcontractor
below the first tier which performs construction work at the site of
construction shall be requlreds to file such a report if it meets the
requirements in subdivisions (i)w (il), 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 administer-
ing agency within 30 days after the awc~rd to him of a contract or
subcontract~ unless such person has sub'mltted such a report within
~o _~,l~c ,~recedlna the date of the award. Subsequent reports.
h~al"['~'~'"s~u~'mitted a~nnually 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 filln~cl any report.
(3) The Directorw the agency~ or the applicant~ on their ow~ motlonst
may require a prime contractor to keep employment or other records
and to furnish in the. form requestedt within reasonable limits, such
information as the Directort agency~ or the applicant deems
necessary for the admlnlstratJ'on of the Order.
(4) The failure to file tlmely~'cemplete~ and accurate reports~ as re-
qulred~ constitutes noncompliance with the prime contractor's
or subcontractorts 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 sanctions
authorized by th.e Order and the regulations in this subpart~ Any.
such failure shall be reported in writing to the Director by ~he agenc~
as soon as practicable after it occurs.
1 -12.805.4
b.
Reports and Other Required 'Information
Requirements for bidders or prospecHve contractors.
(I) Each agency shall require each bldder or prospective prime contracto~
and proposed subcontractor~ where approprlate~ to state in the bid or
at the outset of negotiations for the contract whether it has parti-
cipated 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 Opportunltyw all report:
due under the applicable fi llng requirements. The statement shall
be in the form of a representation by the bidder or offeror sub-
stantially as follows:
1-4
(c)
(d)
"The bidder (or offeror) represents that he ( ) has, ( ) has
nob participated in a previous contract or subcontract subiect to
the Equal Opportunity clause herein, or thee clause originally con-
tained 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 indicating submission of required compliance reports~
signed by proposed subcontractors will be obtained prior to sub-
contract awards, n (The above representation need not be submitted
in connection with contracts' or subcontracts which are exempt from
the clause.)
(2)
(3)
When a bidder or offeror fails to execute the representation~ the
omission shall be considered a minor ihformallty and the bidder or
.offeror shall be permitted to :satisfy the:requirement prior to award.
In any case in which a bidder or prospective prime contractor or
proposed subcontractort which participated in a previous contract
or subcontract subject to Executive Orders No. 10925t 11114~ or
11246, ha~ 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.
A bidder or prospective p[-irne 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 sub-
contract to a specific contractor# such contractor shall be requlredt
prior to award~ or after the award~ or botht to furnish such other
information as the agencyt the applicantt or the Director requests.
Use] of Reports.
Reports filed pursuant to this ~-12.805-4 shall be used only in connection
with the administration of the Orders, the Civil Rights Act of 1964t or in
furtherance of the purposes of the Order and said Act.
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
Aa
Bo
All Contracts and Subgrants for const~ruction or repair shall
include a provision for compliance with th~Copeland "Anti-
Kick Back" Act (18 U.S.C. 874) as supplemented in Departmen~
of Labor Regulations (29 CFRt Part 3). This Act provides that
each Contractor Or Subgrantee shall be prohibited from inducing
by any meanst any person employed in the construction,
completion, or repair of public workt to give up any part of
the compensation to which he is otherwise entitled. The Grcnl~
shall report all suspected or reported violations to the Grantor
Agency.
Where appllcable~ all Contracts awarded by Grantees and Sub-
grante~s in excess of $'?~000 for 'Construction contracts and ~n
excess of $2,500 for other contracts which involve the em-
ployment of mechanics or laborers shall include a provision
for compliance with Sections 103 and 107 of the Contract
Work Hours and Safety 'Standards Act (40 U.S.C. 327-330)
as supplemented by Department of Labor Regulations (29 CFR,
Part 5). Under Section 103 of the Act~ each Contractor shall
be required to compute the wages of every mechanic and
. laborer on the basis of a standard work day of 8_ hours and a
standard work week of;40 hours. Work in excess of the standarc
workday or workweek '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 ali hou~ worked in excess of 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 mechanh: shall be required to work in surrounding
or under working conditions which are unsanitaryt hazardous~
or dangerous to his he~=lth and safety as determined under
construction, safety~ and health standards promulgated by the
S&cretary of Labor. These requirements do not apply to the
purchases of supplies or materials orarticles ordinarily availabl
on the open markef~ cr contracts for transportation or transmlssl
of intelligence.
Ce
Each Contract of an amount in excess of $2,500 awarded by a
Grantee or Subgrantee shall provide that the recipient will
comply with applicable regulations and standards of the Cost
Living Council in establishing wages and prices. The provlslo~
shall advise the recipient that submission of a Bid or offer or th
submittal of an invoice or voucher for property~ gaods~ or
services furnished under a contract or agreement with the Gra~
shall constitute a certification by him that amounts to be paid
do not exceed maximum allowable levels authorized by the Co
· of Living Council regulations or standards. Violations shall bE
reported to the Grantor Agency and the local Internal Revenu~
Service field office.
1-6
C
Contracts'and Subgrants of amounts in excess of $1 (~0,00
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.
Violatlons shall be reported to the Grantor Agency and the
Regional OFfice of the Environmental Protection Agency.
Contracts shall cantai[n such contractual provisions or
canditions which will allow for administrative, contractual~
or legal remedies in instances where contractors violate or
breach contracts terms~ and provide for such sanctions and
penalties as may be appropriate.
All contracts, amounts for whi'ch are in excess of $2~500t
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 contractar.
In all contracts for construction or facility improvement
awarded in excess o~'$100,000, grantees shall observe the
bonding requlrement~"provlded in Attachment B to this
Circular.
All contracts and subgrants in excess of $10,000 shall in-
clude provisions for compliance with Executive Order No.
11246t entitled, "Equal Employment Opportunlty," as
supplemented in Deportment of Labor Regu~atlons (41 CFRt
Part 60). Each contractor or subgrantee shall be required to
have an affirmative action plan which declares that it does
not discriminate on the basis of race~, color~ rellglon~ creed~
national origin, sex, and age and which specifies goals and
target dates to assure the implementation of that plan. The
grantee shall establish procedures to assure compliance with
this requirement by contractors or subgrantees and to assure
that suspected or reported violations are promptly investigated
COMPLIANCE WITH PROVISIONS OF THE LABOR LAW
p,ursuant to Article 8 of the Labor Lawf the contractor's attention is directed to
the following requirements: '"
Se[tlon 220.2 which requires a stipulation that no laborer/ workman or mechanic
in the employ of the contractor, subcontractor or other person doing or contract-
ing to do the whole or a part of the work contemplated by the contract shall be
permitted or required to work mbre than eight hours in any one calendar day or
more than five days in any one week except in the emergencies set forth in the
Labor Law.
**
Section 220.3 which requires a provision that each laborer, workman or mechanic
employed by the contractor~ subcontractor or other person about or upon such
public work, shall be paid not less than the prevailln~ rate of wages and shall
be provided supplements not less than the prevqil.lng supplements as determ, ined
by the fiscal officer.
Section 220.3-a also requires that the contractor and every subcontractor on
public works contracts shall posf 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.
Sectidn 220.3-e provides that apprentices ~ill be permitted to work as such only
when they are registered, individually, under a bona fide program reglste~ed
with the New York State Department of Labor. The allowable ratio of apprentices
to journeymen in any craft classification sha~tl not be greater than the ratio
pe~nitted 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 rater 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 actuqlly performed.
The contractor or subcontractor will be required to furnish written evid,ence of
the registration of his program and apprentk:e~: as well as of the appropriate
ratios and wage rates~ for the ar~a of construction prior to using any apprentice
on the contract work.
Sectit>n 220-e which requires provisions by ,,vhlc. h the contractor with the State or
municipality agrees:
(a)
(b)
That in the hiring of employees for the performance of work under this
contract or any subcontract hereunder, no contractor, subcontractor, nor an)
person acting on behalf of such contractor or subcontractor~ shall by reason
of racet 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;
That no contractor, subcontractor~ nor any person on his behalf shall, in
any manner, discriminate against or intimidate any employee hired for the
performance bf work under this contra:t on account of race, creed, color or
national origin. (Your attention is directed to the provisions of the State
Law against Discrimination which also prohibit discrimination in employmen:
because of age);
1-8
(c)
That there may be deducted from the ,=mount Payable to the contractor by the
State or municipal~ty under th~s contract a penalty'of five dollars for each
calendar day during which such person was discriminated against or intimidate
in violation of the provisions of the contract;
(d)
That this contract may be cancelled or terminated by the State or municipal-
ity, and all moneys due or to become due hereunder may be forfelted~, for a
second or any subsequent vlolatlon'-of the terms or conditions of this section
of the contract.
The aforesaid provisions of Section 220-e whlcb covers every contract f'or or o
behalf of the State or municipality for the manufacturer sale or distribution of
materialst equipment or supplies shall be llmit~d to operations performed wlthi
the territorial limits of the State of New York.., .
Section 222 which requires that preference in employment shall be given to cl
zens of the State of New York who have been residents for at least six consecL
months immediately prior to the commencement of their employment~ that persc
other than citizens of the State of New York mby be employed when such citk
are not available; and that if the requirements of Section 222 concerning prefi
ence in employment to citizens of the, State of New York are not complied wit
the contract shall be void.
Section 222--a which requires that iFin the construction'of the public work a
harmful dust hazard is created for which appliances or methods for the elimlna
tlon of harmful dust hazard is created;for wh ch 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 witht the contract
shall be void.
OTHER R'EQUIREMENTS
Every State contracting agency, including Public aut!horltles, must include ~n each contract
paragraphs (a) through (g) of the Standard State Contract clauses promulgated by the Governor
on September 12t 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 [urlsdictlon after being advised by the New York State Department of
'Labor.
The contractor shall make such provision for disability benefits, workmen~s compensatlon~,
unemployment insurance~ social security and safety code provisions as are required by law.
1-9
Genera['Rt'gu~at]°n No. 1· as issued by the State Commission forJJuman Ri ghts~ r~qulres
that each contract contains a st[puJatlan that: "It is hereby agreed by and between the
parties hereto that eve'~y contractor and subcontractor engaged in the public work described
in this contract shall post and maintain at each of h~s 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
· d
Discrlmlnat[on· where complaints may be file · and other pertinent information. Such
Notice shall be posted in easily accessible and well lighted places customarily frequented
by empJoyees and applicants for employment." The Notice may be obtained from the
department having jurisdlctlon~ or from the office of the State Commission for Human Rights
in the respective area.
You are requested to refer to the Bur.eau of Public Work all charges of discrimination in
employment including discrlmln&tlon because of age~ race· ~:reed~ color or na.tlonal origin.
1 -10
SECTION J
NON-DISCRIMINATION CLAUSE
During
be
the performance of this contracts the contractor agrees as follows:
The Contractor will not discriminate against any employee or applicant for employ-
ment because of race, creeds colors or national orlgln~ and will take 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: r~cfbitments employment, job
assignments promotlon~ upgrading, demotion, transf'er~ layo. ff or termination,
rates of pay or other forms of compensation, and selection For training or retrain-
ing~ including apprenticeship and on-the-lob training.
The Contractor will send to each labor union, or representative of workers with which
he has or is bound by a collective bargaining or other agreement or understanding ·
a notice, to be provided by the Commission of Human Rights~ advising such labor
union or representative 'of the Contractor's agreement under clauses "a~" through "h.':
hereinafter called "non-discrimination clauses"· and requesting such labor union or
representative to agree in writing, whether in such collective bargaining or other
agreement or understanding or otherwise~ th(.~ such labor union or representative will
not discriminate against any member or appli'cant for membership because of race~
creed~ color, or national origin, and will fc, ke affirmative action to insure that they
are afforded equal membership opportunities without discrimination because of racet
creed~ color~ or national origin. Such action shall be taken with reference~ but not
be limited to: recrultment~ employment, i6b asslgnment~ promotion~ upgrading· de-
. motion, transfer, layoff or terminotlon~ rates of pay, or other forms of compensatlon~
and selection for training or retraining including apprenticeship and on-the-lob train-
ing. 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 per-
formances of this contract. IF such labor un~on or representative fails or refuses so
to agree in wrltlng~ the Contractor shall promptly notify the Commission for Human
Rights of such failure or refusal.
The Contractor will post and keep posted in conspicuous places~ available to employ~
and applicants for employments notices to be provided by the Commission for Human
Rights setting forth the substance of the provisions of clauses "a." and "b." and such
provisions of the State's Laws against discrimination as the Commission for Human
Rights shall determine.
The Contractor will state, in all solicitations or advertisements for employees placed
by or on behalf of' the Contractort that all qu.alif'!ed applicants will be afforded equa
employment opportunities without discrimination becbuse of race~ creedt colort or
national origin.
J-1
The Contractor will comply with the provisions of Sections 291-299 of the Exe~utlw
Law and the Civil Rights Lawt will furnish oil information and reports deemed nece.~
sary by the Commission for Human Rights under these non-discrimination clauses ant
such sections of the Executive Law~ and willt permit access to his books, records,
and accounts by the Commission for Human Rights, and Owner representatives/coun
for purposes of' investigation to ascertain compliance with these non-discrimination
clauses and such sections of the Executive Law and Civil Rights Law.
'[his Contract may be [forthwith cancelledt terminated~ or suspended in whole or in
partf by the contracting agency upon the basis of a [finding made by the Commisslor
off Human Rights that the Contractor has not complied with these non-discrimination
clausest_and the Contractor may be declt=red ineligible for [future contracts made b)
or on behal[f off the Owner/Contracting Agency until he satisfied the Commission
Human Rights that he has established and is car~:ying out a program in conformity wi
the provisions off these non-discrimination clauses. Such finding shall be made by t
Commission [for Human Rights a[fter concil~atlon efforts by the Commission have fail~
to'achieve compliance with these non-discrimination clauses and after a verified cc
plaint has been filed with the Commlsslonf notice thereo[f has been given to the Co~
tractor and an opportunity has been all[forded him to be heard publicly be[fore three
members off the Commission. Such sant!ons may be imposed and remedies otherwls, e
provided by law.
Iff this Contract is cancelled or terminated under clause 'ff:'~ in addition to other
rights off the Owner provided in this contract apon its breach by the Contractqr, th~
Contractor will hold the Owner harmless a!~inst any additional expenses or costs in
curred by the Owner in completing the work or in purchasing the services,~materlal
equipment~ or supplies contemplated by th~s contractt and the Owner may withhold
payments fram the Contractor in an amount sufficient [for this purpose and recourse
may be had against the surety On the performance bond if necessary.
The Contractor will include the provisions of clauses "a;', through "g:' in every sub
contract or purchase order in such a manner that such provisions will be binding upc
each subcontractor or vendor as to operations to be performed within [urlsdlctlonal
locale of the Project being contracted by the Owner· The Contractor will takesuc
action in en[forclng such provisions off such subcontract or purchase as the Owner/
· Contracting Agency may direct~ [ncludlng sanctions or remedies for non-compllanc
Iff the Contractor becomes involved in or is threatened with litigation with a sub-
contractor or vendor as a result of such direction by the Contracting Agency/Owne
the Contractor shall promptly so notify the Owner's representatives/counsel~, reques
him to intervene and protect the interests of the Owner (Contracting Agency's
jurisdictional area).
J-2
SECTION K
THE AMERICAN INSTITUTE
~)F. ARCHITECTS
AIADocumenCA2Ol .
General Conditions of 'the Contract
for Construction
THIS DOCUMENT H,*.~. IMPORTANT LEGAL CONSfaQUENCE, S; CONSULTATION.
WITH AN A~TORNEY IS ENCOURAG£D WITH RE. SPEC'[ TO ITS MODIFICATION
1976 EDITION
TABLE OF ARTICLE5
1. CONTRACT DOCUMENTS
' 2.! ARCHITECT
3. OWNER
4. CONTRACTOR.
5. SUBCONTRACTORS
6. wORK BY OWNER OR BY
SEPARATE CONTRACTORS
7. MISCELLANEOUS PROVISIONS
8. TIME
9. pAyMENTS AND COMPLETION.
10. PROTECTION OF PERSONS AND
PROPERTY
11. INSORANCE
12. CHANGES IN THE WORK
13. UNCOVERING AND CORRECTION
OF WORK
14. TF_RMINATION OF THE CONTRACT
This document has been approved and endorsed by The Associated General Contractors of AmeriCa.
C
INDEX
Acceptance of Defective or Non. Confofming Work . .6.2.2, 13.3
-Acceptance DJ Work ....... 5.4.2, 9.5.S, 9.8.1, 9.9.1, 9.9.3
AcceS~ to Work .................... ....2.2.4,10
Accident prevention ..... s ....................
Acts and Omissions . .2.2.4, 4.1B.3, 7.4, 7.6.2, 8.3.1, 10.2.5
Administration of the Contract .................... 2.2, 4.3.3
All Risk Insurance ............................. .4.8
App icatlons for paymenl .................. 2.2.6, 9.2, 9.3, 9.4,
Approvals ............... 2.2.14, 3.4, 4.3.3, 4.5, 4.12.4 through
Arbilration. ................ 2.2.7 through 2.2.13, 2.2.19, 6.2.S,
Architect, Extent of Authorit~ .... 2.2, 3.4, 4.12.8, 5.2, 6.3, 7.7.2,
Architect, Limilali~ns of Aulhorily and Responsibili~' ..... 2.2.2
through 2.2.4, 2.2.10 through 2.2.14, 2.2.17, 2.2.18,
Architect's Additional Services . .3.4, 7.7.2, 13.2.1, 13.2.5, 14.2.2
Architect's Approvals ...... 2.2.14, 3.4, 4.5, 4.12.6, 4.12.8, 4.18.3
Aschitect's Authority to Reject Work .... 2.2.13, 4.5, 13.1.2, 13.2
Architect's Copyright ................................
Architect's Decisions .......... 2.2.7 through 2.2.13, 6.3, 7.7.2,
Architect's Inspections .............. 2.2.13, 2.2.16, 9.8.1, 9.9.1
Architect's instructions .......... 2.2.13, 2.2.15, 7.7.2, 12.4, 13.1
Architect's Interpretations ......... 2.2.7 thzough 2.2.10, 12.3.2
Architect's On-Site Observations ..... 2.2.3, 2.2.5, 2.2.6, 2.2.17,
Architect's Project Representative ............ :.2.2.17, 2.2.18
Architect's Relationship with Contractor ... ~.1.1-2, 2.2.4, 2.2.5,
Architect's Relationship wilh
Subcontractors .................. 1.1.2, 2.2.13,.9.5.3, 9.5.4
Architect's Represenlations ................. 9.4.2, 9.6.1, 9.8.1
Artistic Effect ....................... 1.2.3, 2.2.11, 2.2.12, 7.9.1
Attorneys' Fees ........................... 4.18.1, 6.2.5, 9.9.2
Award of Separate Contracts .......................... 6.1.1
· Award of Subcontracts and Olher Contracts
Porlions DJ Ihe Work .............................. 5.2
Bonds, Lien ......................................... 9.9.2
Bonds, Performance, Labor and Materiat Payment .... 7.5, 9.9.3
Building Permit ....................................... 4.7
Certificate of Substantial Completion ................... 9.8.1
Certificates of Inspection, Testing od Approval ........... 7.7.3
Certificates of Insurance .................
Certil~cates for payment .... 2.2.6, 2.2.16, 9.4, 9.5.1, 9.5.5, 9.6.1,
Change Orders .......... 1.1.1, 2.2.15, 3.4, 4.8.2.3, 5.23, 7.7.2,
Claims lot Additional Cost or Time .... B.3.2, 8.3.3, 12.2.1, 12.3
Claims Jot Damages .............. 6.1.1, 6.2.5, 7.4, 8.3, 9.6.1.1
Cleanlng Up .................. ... 4.15 6.3
Commencement of the Work, Conditions Relating to..3.2.1, 4.2,
Commencement of the Work, Definition of .....8.1.2
Communications ..................... 2.2.2, .3.2.6, 4.9.1, 4.1&
Con~pletion,
Conditions Relating to ...2.2.16, 4.11, 4.15, 9.4.2, 9.9, 13.2.2
COMPLETION, pAYMENTS AND ............... 9
Co'repletion, Substantial .... 2.2.16, 8.1.1, 8.1.3, 8.2.2, 9.8, 13.2-2
Compliance with Laws ............... 7.1, 7.7, 10.2.2, 14
Concealed Conditions .......................
Consent,
Contract, Definition of ....................
Contract Administration .......................... :2.2, 4~.3
Contract Award and Execution, Conditions
Contract Documents,
Copies Furnished and Use of ............... :1.3, 3.2.5, 5.3
Contracl Documents, Definition of ..................... 1.1.1
Contract 5urn, Definihon of ........................... 9.1.1
Contract Termination ................................... 14
Contract Time, Definition of .......................... R.1.1
CO NTRAt---~ OR ...............................
Contractor's Employees ...... 4.3.2, 4.4.2, 4.8.1, 4.9, 4.18,
Contraclor~s Liability Insurance ..................... -...11.'
Contractor's Relationship with
Separate Contractors and Owner's Forces ..... .'...3.2.7,
Contractor's Relationship with
Subcontractors ......... 1.2.4, 5.2, 5.3, 9.5.2, 11.3.3, 11.3:
Contractor's Relationship with the Architect ........ 1.1.2,
Contractor's Representations ............ 1.2.2, 4.5, 4.12--~, 9.3.
Contractor's Responsibility for
Those Performing the Work ........... 4.3.2, 4.181 1
Contractor's Review of Contract Document~ .... 1.2.2, 4.2, 4.7.
Contractor's Right to Stop the Work .................. 9
Contractor's Right to Terminate the Contract ............ 14
Contractor's Submittals ............... 2.2.14, 4.10, 4.12, S.2.
Contracl:or'$ Superintendent ...................... 4.9, 50.2
Construction Procedures .......... 1.2.4, 2.2.4, 4.3, 4.4, '
Cop~es Furnished of Drawings and Specifications . .1.3~ 3.2.5,
Correct'on of Work ..................... 3.3, 3.4, 10.2.5,
Cost, Definition of .................................. 12.'
Cutting and Patching of Work ...................... 4.14,
Damage Io the Work ................ 6.2.4, 6.2.5, 9.6.1.5, 9.t
Damages, Claims for ...... ; ..... 6.1.1, 6.2.5, 7.4, 8.3.4, 9.6
Damages for Delay .......................... 6.1.1~ 8.3.4,
Day, Definition of ........................ 8
2 A201-1976
C
and Corsection of .... 2.2.3, 2.2.15, 5.g, 3.4.4.5, 6.2.2, 6.2.5,
Disp~es ................. 2.2.9, 2.2.12, 2.2.19, 6.25, 6.3, 7.9.1
Equipment, Labor, Malerials and .... 1.1.3, 4.4, 4.5, 4.12, 4.13,
Execu on and progress of the work .... 1.1.3, 1.2.3, 2.2.3, 2.2.4,
Failure of Payment of Subcontractors · .9.5.2, 9.6.1.3, 9.9.2,14.2.1
Fire and Extended Coverage Insuranc " . .7.1
and Warranties) ........ 2.2.16, 4.S, 9.3.3, 9.8.1, 9.9.4,13.2.2
inspections ............ 2.2.13 2.2.16, 4.3.3, 7.7, 9.B.1, 9.9.1
Contractor .......... 2.2,2, 3.2.6, 4.8.1, 7.7.2, 12.1.2, 12.1.4
INSURANC~ ...................................... 9.8.1, 11
Intent of
Labor Dispules ............................. O 31
Lens ............................... 9.3.3, 9.9.2, 9.9.4.1
Limitations of Time, Specific ......... ...2.2.B, 2.2.12. 3.2.1, !.4,
Limitations, Statutes BE ................... 7.9.2, 13.2.2, 13~-..7
MISCELLANEOUS PROVISIONS . ..7
Owner's L abililty Insurance ......................
payment, Failure of ................ 9.5.2,9.6.1.3,9.7,9.9.2,14
PaymenU, Progress .......... 7.8, 7.9.3, 9.5.5, 9.8.2, 9.9.3, 12.1.4
Payments to Subcontractors ................. 9.5.2, 9.5.3, 9.5.4,
payments W thhe d .................................... 9.6
performance Bond and Labor and Material Paymenl Bond . .7.5
Permits, Fees and Nolices ..................... 3.2.3, 4.7, 4.13
PERSONS AND PROPERTY, PROTECTION O~: .............. 10
Product Data, Shop Drawings, Samples and ...2.2.14, 4.2.1.4.12
Progress and Completion .................... 2.2.3,7.9.3,8.2
Progress payments ........... 7.8, 7.9.3, 9.5.5, 9.8.2, 9.9.3, 12.1.4
Progress Schedule .................................... 4.10
Pro oct, Definition of ................................. 1.1.4
P oject Representative ............................... 2.2.1;
Properly Insurance ...................................
PROTECTION OF PERSONS AND PROPERTY .............. 10
Regulations and Laws ..... 1.3, 2.1.1, 4.6, 4.7, 4.13, 7.1, 10.2.2, 14
Rejection ot Work ........................2.2.13,4.5.1,13.2
Releases ol Waivers and Liens .................... 9.9.2, 9.9.4
Representations ............ 12.2, 4.5, 4.12.5, 9.4.2, 9.6.1, 9.9.1
Responsibili~. lot Those Performing Ihe Work ..... 2.2.4, 4.3.2,
'Retainage ...... . .9.3.1 9.5.2.9.8.2, 9.9.2, 9.9.3
S~lely of Persons and Property ......................... 10.2
Samples, Definition of -.- 4.12.3
Schedule of Values .................................... 9.2
Silo, Use of ..................................... 4.13, 6.2A
SUBCONTRACTORS .....................................
Subcontractors, Oeiinilion ol ............................ $.1
Subcontractors, Work bY ........... 124,224,431 4.3.2
Subcontractual Relations ......... 5.3
Submittals .............. 1.3, 4.10, 4.12, S.2.1, 5.2.3, 9.2,
9.3.1, 9.8.1, 9.9.2, 9.9.3
Subrogation, Waiver of . 11.3.6
Substanlia] Complelion ...... 2.2.16, 8.1.1, 8.1.3, 8.2.2, 9.8, '13.2.2
Substantial Comptetion,'Oefinilion of ............. 8.1.3 .
Substitution of Subcontractors ..... 5.2.3, 5.2.4
Substitution o[ the Architect .......................... 2.2.19
Substitutions of Materials ...... ~ .................. 4.5, 12,.1.4, .
Sub-subcontractors, Definition of .......................
Subsurface Conditions ............................... 12.2.1
Successors and Assigns ................................ 7.2
Supervision and Construction Procedures .1.2.4, 2.2.4, 4.3, 4.4, 10
Superintendent, Contractor's ...................... 4.9, 10.2.6
Surety, Consent of .............................. 9.9.2, 9.9.3
S u rveys ....................................... 3.2.2, 4.18.3
Taxes ................................................ 4.6
Termination by 1he C.ontractot ......................... 14.1
Termination by the Owner ............................ 14.2
Termination of the Archilect : ........................ 2.2..19
TERMINATION OF TIlE CONTRACT ................ 14
Tests ................................. 2.2.13, 4.3.3, 7.7, 9.4.2
Time .......... : ....
Time, Definillon of .................................... 8.1
Time, Delays and Extensions of ........... 8.3, 12.1, 12.3, 13.2.7
Time Limits, Specific .................. 2.2.8, 2.2.12, 3.2.1, 3.4,
4.10, 5.3, 6.2.2, 7.9.2, 8.2, 8.3.2, 8.3.3, 9.2, 9.3.1,
9.4.1, 9.5.1, 9.7, 11.1.4, 11.3.1, 11.3.8, 11.3.9,
12.2, 12.3, 13.2.2, 13.2.5, 13.2.7, 14.1, 14.2.1
Title to Work ................................... 9.3.2, 9.3.3
UNCOVERtNG AND CORRECTION OF WORK ......... ~...'13
Uncovering of Work .................................. 13.1
Unforseen Conditions ............................. 8.3,12.2
Unit Prices ......... 12..1.3, .12.'1.5
Use of Documents ............. 1.1 A 01.3, 3.2.5, 5.3
Use of Site ..... 4.13 6.2.'I
Vatues, Scl~edule ol ....................... ' ............. 9.2
Waiver of Claims by the Contractor .... 7.6.2, 8.3.2, 9.9.5,'11.3.6
Waiver of Claims by the Owner ...... 7.6.2, 9.9.4,11.3.6, 11.4.1
Waiver of Liens ...................... 9.9.2
Warranty nnd Warranties .... 2.2.16, 4.5, 9.3.3, 9.8.1, 9.9.4, 13.2.2
Weather Delay5 ................... 8.3.1
Work, Definition of .................................. 1.1.2
Work by Owner or by Separate Contracto~ ................
Written Consent ...... 2.2A8,4.14.2,7.2,7.6.2,9.8.1,9.9.3, 9.9/
Written interpretations ............... 1.1.1, 1.2.4, 2.2.8~ 12.3.:
Wrhten Not'ce ..... 2.2.g, 2.2.12, 3.4, 4./, 4.7.3, 4.7.4, 4.9, 4.12.6
4.12.~, 4.17, 5.2.1, 7.3, 7.4, 7.7, 7.9.2, 8.1.2, B.3.2, B.3.3
9.4.1, 9.6.1, 9.7, 9.9.1, 9.9.S, 10.2.6, 11.1.4, .11.3.1, '1'1.3.4
11.3.5, 11.3.7, 11.3.8, 12.2, 12.3, .13.2.2, 13.2.5, 1,
Written Orders ................... 3.3,4.9,12.'1.4,12.4.1,'13:
4 A201-'1976
K-4
C
GENi' RAL CONE)ITIOI~S OF THE CONTRACT FOR CONSTRUCTION
ARTICLE 1
· signed by bolh parties, (2) a Chan~e Order, (3) a written'
only by a Modification as defined in Subparagraph
1.2.2 By ex'.outing the Conlract, th~' Contractor represents
that he has visiled the site, familiarized himself with Ihe
local conditions under which the Work is to be per-
formed, and correlated his observations wilh the require-
meats Da. the Conlract Documenl~.
1.2.3 The talent of the Contract Documents is to include'
all ilems necessa~ tot the proper execulion and comple-
lion of the Work. The Contract Documents are comple-
mentary, and whal is required by any one shall be M
binding as ii' required by all. Work not covered in Ihe Con-
tract Documents will not be ~ecluired unless it is consistent
Iherewith and is reasonably inferable therefrom as beane
necessary 1o produce the intended results. Words and
breviatlons which have well-known technical ot tMde
meanings are used in Ihe Contract Documents in
ance with ~;uch recosnized meanings.
1.2.4 The organization DJ the Specifications into divisions,
sections and articles, and the arrangement ol Otawin~
shall not control Ihe Contractor in dividing the Work
Work to be performed by any trade.
ARTICLE 2
ARCHITECT .
2.'1.1 The Archilect is the person lawfully licensed
:~ AD~/.INtSTRA'IION O~ THE CONTRACT
2.2.1 The Architect will provide admin~stratlon oJ
C
1brough the Architect- The ArchiteCt wiU have authority
to act on behalt of the Owne~ only to the ex~ent provided
in t.he Contract Documents. unless otherwise modified
by written instrument in accordance with Subparagraph
t will visil the site at intervals appro-
generally ~wth. th_e__pr_o.~ if the Work is proceeding in ac
Architect witl not be required to make exhaustive or con-
tinuous on-site inspections to check the quality or quan- .
ti!.y of the Work- On the basis of his on-s,te observations
as an architect, he will keep the Owner infO-treed ot the
show partiahi~ to either, and will not be liable {or the
result of any interpretation or decision fendeied in good
faith in such capacity.
22.11 'lhe A hitect's decsions n matters relating to
the Contract DocumentS. ·
im dispute or other matter in question
2.2.12 Any cia , d .~._ ,~wner relerred to the
between the Contractor anu ~,,,~ Vartistic effect as pro-
vided in Subparagraph 2.2.~1 and except those which have
been waived by Ihe making or acceptance of final pay-
ment as provided in Subparagraphs 9.9.4 and 9.9.5. shall
be sub,ecl ID arbitration upon the written demand o~ ei-
or other ma ~er may be made until the
Owner against defec~ and deficiencies in the Work o{ the earlies of (1) the Date on ~ ..... he the parties
'a wrilten decision, o~ (2) the tenth day after
ed lheir evidence ~o the Architect or have ,
Contractor- ' have p?sent .... onable opportuniW to ~o. so,_if
not have c~ntrol or cna?~'o~rocedures' or for sale~y uch a written ue~ ..... .
and he will ~ot De resp~n~,u,c ·. --.:.~ the C0nttact r covered by such decision must be made
Documents. The Architect wiU not be responsibleor demand aro trauu, ' '
have control or charge over Ihe acts or omissions ot the nd receives he wr[t[en decision failure to
ContractOr, Subcontractors, or any of their agents or em- ins 1he.de~a ..__ within said thirty days'
upon ¢he Owne~ and the Contractor. If the Archite~
WorL . c~sion alter arbitration proceedinss have been
2.2.S The ~rchitect shall at all times have access to the renciers a de ' . · -- ~- -ntered as evidence but
Contractor shal[ provide facilities Jot such access so the wil[ not supersede any arbitration proceedings unless the
A~chitect may pedorm his functions under the Contract decision is acceptable to all parties concerned.
2.2.13 The Architect will have authori~ to reject Work
' · and an eva~u- which does not conlo~ to the Contract
2~.6. Based on the Architect's obse~at~ons o[ the
ation of the Contractor's Applications for Payment, the Whenever, in his opinion, he considers it necessa~
Architect will determine the amounts owinS to the Con- advisable for the implementatiOn o~ the intent
- · ction or testing DJ the Work in accordance
tractor and will issue Certificates for Payment ~n such Contract Document, he will have authori~
amount, as provided in ParaBraph 9.4. special [nspe -~ 77~ whether ot not such Wor~ ,be
with Suoparasra~" ;, d -r commie ed. However, ne~mer
~chitect wil[ be the interpreter of the require- then labricated, msta,~u ~ - ~-~-r th s Subpar'aBraph
2.2.7 Th~ ~ ~-ntract Documen~ and the judse~oL~ the A,chltect's aut~?,~ to~ac~ ~ ;,-ood faith eithe~
performance t~e~eunoe~ u~ ..... e or not to exercise such authori~, shall Slve
to exe~clse ..... ib[lit~ o( the Architect to
2.2.8 The A~chitect will render i~terpretations necessa~ an Subcontractor, any of their aBen~ o
tot the proper execution or progress of the Work, with Contractor, ~_.. ,~ nerson performing any ot thl
I romaines and in accordance with any time
[?~u-o~ Ether par~ to the ContraCt may make ~ork. - or
2.2.9 C[aims, disputes and other matters in question be- other appropriate action upon Contractor's submittal
· design concept of th
tween the Contractor and the Owner relating to the exe- such as Shop Drawings, Product Data and Samples,
cution or progress DJ the Work or the interpretation of the only for coniormance with the the Contra~
with reasonab
A~chitect for decision which he will render in writing Document. Such action shall be taken ' '
2.2.10 All interpretations Architect will prepare Chan~e Orders in a
shall be consistent with the intent of and reasonably in- cordance with Artlcle 12, and w[[I have authorJ~ to otc
retable from the Contract Documents and will be in writ- 2.2.15 The
ing or in the form ol d~awings. In his capaci~ as inter- minor changes in the Work as provided in Subpatagra
preter and judge he will endeavor to secure faithful per- 12.4.1~ .
2.3.16 The Arcl.tt. ct will conduct inspections to deter:
mine the dates of Substantial Completion and final com-
pletion, will race,ye and Iorward to the Owner for the
Owner's review written warranties and related documents
required by the Contract and assembled by the Contrac-
tor, and will issue a final Certificate for Payment upon
compliance wilh Ihe requirements of paragraph 9.9.
27.~.17 If the Owner and Architect agree, the Architect
will provide one or more Project Representatives to
assist the Archilecl in carrying out his responsibilities at
the site. The duties, responsibilities and limitations of
authority ol any such Project Representative shall be as
scl forth in an exhibil to be incorporated in the ContraCt'
DocumentS.
2.2.18.The duties, responsibilities and limitations of au-
thority of the Architect as the Owner's representative dur-
ing construction as set forlh in the Contract Documents
will not be modified or extended without written con-
sent DE'the Owner, the Conlractor and the Archilect.
2.2.19 In case of the termination of the employment of
the Archilect, the Owner shall appoint an architect
against whom the Conlraclor makes no reasonable objec-
tion whose status under the Contract Documents shall be
that of the [ormer architect. Any dispute in connection
with such appointment shall be subject to arbitration.
ARTICLE 3
OWNER
3.1 DEFINITION
3.1.1 The Owner is the person or entity identified as such
in the Owner-Contractor Agreement and is reterred to
throughout the Contract Documents as if singular in hum-
' bar and mascufine in gender. The term Owner means the
Owner or his authorized ~epresentative.
3.2 INFORMATION AND SERVICES REQUIRED
OF TNE OWNER
3.2..1 The Owner shall, at the request of the Contractor,
at the time of execution of the Owner-Contractor Agree-
ment, furnish to the Contractor reasonable evidence that
he has made financial arrangements to fulfill his obliga-
tions under the ContracL Unless such reasonable evi-
dence is furnished, the Contractor is not required t6
execute the Owner-Contractor Agreement or to com-
mence the Work.
3.2.2 The Owner shall furnish all surveys describing th~
physical characteristics, legal limitations and utility Ioc~-
lions for 1he site of the Project, and a legal description of
the site.
3.2.3 £xcept as provided in Subparagraph 4.7.1, the
Owner shall secure and pay for necessary approvals, ease-
ments, assessments and charges required for the construe- ·
tlon, use or occupancy of permanent structures or for per-
manent changes in existing facilil;es.
3.2.4 information or services under the Owner'~ control
shall be furnished by the Owner with reasonable prompt-
ness to avoid delay in the o~derly progress.of the Work.
3.2.5 Unless olherwise provided in the C~..~haCt Docu-
ments, the Contractor will be furnished, hre of charge,
all copies of D,rawings and Specifications re~,ona, bly nec-
essary fop the execution of the Work.
3.:2.6 The Owner shall forward all instru~lions to the
Conlractor through Ihe Architect.
3.2.7 The tore$oing are in addition to other duties and
responsibifilies of Ihe Owner enumeraled herein and
especially Iho!,e in respect to Work by Owner or by
Separate Contractors, Payments and Completion, and In-
surance in Articles 6, g and 11 respectively.
3.3 OWNER'S RIGHT TO b~'OP TI-IF WORK
3.3.1 If the Contractor fails to correct defective V,'odc as
required by Paragraph 13.2 pr persistently fails to carry
out the Work in accordance with the ContraCt Docu-
ments, the Owner, by a written order signed personally
or by an agent specifically so empowered by the O~vner
in writing, may order the Contractor to stop the Work,
or any portion thereof, until the cause for such order has
been eliminated; however, this right of the Owner to
stop the Work shall not give rise to any duty on the part
of the Owner ID exercise this right for the benefit of the
Contractor or any other person or entity, except to the
extent required by Subparagraph 6.1.3.
' 3.4 OWNER'S RIGHT TO CARRY. OUT THE WORK
3.4.1 If the Contractor defaults or neglects to carry out
the Work in accordance with the Contract Documents
and fails within seven days after receipt of written notice
from the Owner to commence and continue correction
of such default or neglect with diligence 'and promptness,
the Owner may, after seven days following receipt by the
Contractor of an additional written notice and without
prejudic~ Io any other remedy he may have, make good
such deficiencies. In such case an appropriate Change
Order shall be issued deducting from the payments then
or thereafter due the Contractor the cost of correcting
such deficiencies, including compensation for the Archi-
tect's additional services made necessary by such default,
neglect or failure. Such action by the Owner and the
amount charged to the Contractor are both subject to the
prior approval of the Architect. If the payments then or
rhereafler due the Contractor are apt sufficient to cover
such amount, the Contractor shall pay the difference to
the Owner.
ARTICLE 4
CONTRACTOR
4.1 DEFINITION
4.1.1 T. he Contractor is the person or entity identified as
such in the Owner-Contractor Agreement and is relerred
to throughout the ContraCt Documents as if singular in
number and masculine in gender. The term Contractor
means the Contractor or his authorized representative.
4.2 REVIEV, t OF CONTRACT DOCUMENTS
4.2.1 The'Contractor shall carefully study and compare
the Contract Documents and shall at once report to the
cover. The Contractor shall not be liable to the Owner ut
K-7
lhe ^~chi4ect for any damage resulting from any such
errors, inconsislencies or omissions in the Contract Docu-
ments. The Contractor shall perform no portion of the
Work at any time without Contract Documents or, where
required, approved Shop Drawings, Product Data or
Samples for such portion of the Work.
4.3 SUPERVISION AND CONSTRUCTION PROCEDURES
4.3.1 The Contractor shall supervise and direct the Work,
using his best skill and attention. He shall be solely re-
sponsible for all construction means, methods, tech-
niques, sequences and procedures and for coordinating
all portions of the Work under the Contract.
4.3.2 The Contraclor shall be responsible to the Owner
for the acts and omissions of his employees, Subcontrac-
tors and their agenls and employees, and other persons
performing any of the Work under a contrac't with the
Contractor.
4.:3.3 The Conuactor shall not be relievec~ from his obii-
gations to perform the Work in accordance with the
Contract Documents either by the activities or duties of
the Archilect in his administration of the Contract, or by
inspections, tests or approvals required or performed un-
der Paragraph 7.7 by persons other than lhe Contractor.
4.4 LABOR AND MATERIALS
4.4.1 Unless otherwise provided in the Contract Docu-
ments, lhe Conlraclor shall provide and pay ibp all labor,
malerials, equipment, Iools, conslruclion equipment and
machinery, waler, heal, utilities, transportation, and other
facilities and services necessary for the proper execution
and completion of the Work, whether temporary or per-
manent and whelher or not incorpora~ed or to be incor-
porated in the Work.
4.4.2 The Contractor shall at all times enforce strict dis-
clpline and good order among his employees and shall not
employ on the Work any unfit person or anyone not
skilled in lhe task assigned to him.
4.S WARRANTY
4.5.1 The Contractor warrants to the Owner and the
Architecl that all materials and equipment furnished
under th~s Contract will be new unless otherwise speci-
fied, and that all Work will be of good quality, free from
faults and defects and in conformance with the Contract
Documents. All Work not conforming to these require-
ments, including subslitutions not properly approved and
authorized, may be considered defective. If required by
' the Archilect, the Contraclor shall furnish satisfactory evi-
dence as to the kind and quality of materials and equip-
ment. This warranty is not limited by lhe provisions of
Paragraph 13.2.
4.6 TAXES
4.6.1 The Contractor shall pay all sales, consumer, use
and other similar taxes for the Work or portions thereof
fees, cea,es and inspections necessary for the proper
execution and completion oi the Work which are custom-
aril), secured after execution of the Contract and which
are legally required at the time the bids are received.
4.7.2 The Contractor shall give all notices and comply
with all laws, ordinances, rules, regulations and lawful or-
ders of any public authority bearing on the performance
of the Work.
4.7.3 It is not the responsibility of the Contractor to
make certain that the Contract Documents are in accord-
ance with apphcable laws, statutes, building, codes and
regulations. If the Contractor obser'.,es that any of the
Contract Documents are at variance therewith in any re-
spect, he shall promptly notify the ,Architect in writing,
and any necessary changes shall be accomplished by ap-
propriate Modification.
4.7.4 If the Contractor performs any Work knowing it to
be contrary to such laws, ordinances, rules and regula-
tions, and without such notice to the Architect, he shall
assume full responsibility therefor and shall bear all costs
altributable thereto. '
4.8 ALLOWANCES
4.8.1 The Contractor shall include in the Contract Sum
all allowances stated in the Contract Documents. Items
covered by these allowances shall be supplied for such
amounts and by such persons as the Owner may direct,
but the Contractor will not be required to employ persons
against whom he makes a reasonable objection.
4.8.2 Unless otherwise provided in the Contract Docu-
.1 these allowances shall cover the cost to the Con-
tractor, less any applicable trade discount, of the
materials and equipment required by the allowance.
delivered at the site, and all applicable taxes;
.2 the Contractor's costs for unloading and handling
on the site, labor, installation costs, overhead, prof-
it and other e~penses contemplated ~'or the original
allowance shall be include, d in the Contract Sum and
not io the allowance;
.3 whenever the cost is more than or less than the
allowance, the Contract Sum shall be adjusted ac-
cordingly by Change Order, the amount of which
will recognize changes, if any', in handling costs on
the site, labor, installalion costs, overhead, profit
and other expenses.
4.9 SUPERINTENDENT
4.9.1 The Contractor shall employ a compelent superin-
tendent and necessary assistants who shall be in attend-
ance at the Project site during the' progress of the Work.
The superintendent shall represent the Contractor and all
communications given to the superintendent shall be as
binding as if given to ~he Contractor. Important commu-
nications shall be confirmed in writing. Other, comment-
provided by the Contractor which are legally enacted at cations sba be so conf rmed on written request in each
the time bids are received, whether or not yet effe~ case.
4.7 PERMITS, FEES AND NOTICES . ~'-~ 4.10 PROC;~RESS SCHEDULE
~7~ Un. less othe~.,se,pr..ov,ded ,n the Co, nlra.ct ~Do}~-~'~ 4..10.1 The ~Lontractor immedialely af er bein~ awarded
e ts. the Contractor snail secure aaa pay ~or the buil,~'~ ~tne Contract, shal prepare and submit for the Owner's
Jag permit and for all other permits and governmenta.~.\ \~nd Ar-hi ..... ' · - - -
........... ................ \%_E\ ........ m.o.ma.o, an s,,ma,eo p.ogress sched-
8 .2Ol
l<-8
ule for the Work. The progress schedule shall be relaled
to the entire Project to the extent requited by the Con-
tract Documents, and shall provide.for expedilious and
practicable execution of the Work.
4.11 DOCUMENTS AND SAMPLES AT THE SiTE
4.11.1 The Contractor shall maintain at the sile for the
Owner one record copy of all Drawings, Specifications,
Addenda, Change Orders and other Modifications, in
good order and marked currently Io record ail changes
made during construchOn, and approved Shop Drawings,
Product Dala and Samples. These shall be availabJe to
the Archilect and shall be delivered to him for the Owner
upon comple~ion of the Work·
4.12 ~HOP DRAWINGS, PRODUCT DATA AND SAMPLES
'4.12.1 Shop Drawings are drawings, diagrams, schedules
and other data specially·prepared for the Work by the
Contractor or any Subcontractor, manufacturer, supplier
or distributor to illustrate some portion of the Work.
4.12.2 Product Data are illustrations, standard schedules,
performance charts, instructions, brochures, diagrams and
other informalion furnished by the Co~tractor to illustrate
a material, product or system for some portion of the
Work.
4·12.3 Samples are physical examples which iU~tstrate
'materiais, equipment or workmanship and establish
standards by which the Work will be judged.
4.12.4 The Conlractor shall ~'eview, approve and submit,
with reasonable promptness and in such sequence as to
cause no delay in the Work or in the work of the Owner
or any separate contractor, all Shop Drawings, Product
Data and Samples required by the Conlract Documents.
4.1Z.S gy approving and submitting Shop Drawings,
Product Data and Samples, the Contractor represents that
he has determined and verified all malerials, field meas-
urements, and field construction criteria relate[d thereto,
or will do so, and that he has checked and coordinated
the information cont:~ined within such submittals with
the requirements of the Work and of the Contract Docu-
ments.
· 4.12.6 The Contractor shall not be relieved of responsi-
bility for any deviation from the requirements of the
Contract Documents by the Archilect's approval of Shop
Drawings, Product Data or Samples under Subparagraph
:2.2.14 unless the Contractor has specifically informed the
Architect in writing of such deviation at the time of sub-
mission and lhe Architect bas given written approval to
the specific deviation. The Contractor shall not be relieved
from responsibilily for errors or omissions in the Shop
Drawings, Product Data or Samples by the Architect's
approval thereof.
4.12.7 The Contractor shall direct specific attention, in
wridng or on resubmitted Shop Drawings, Product Data
or Samples, to revisions other than those requested by
the Archilect on pre~ious submittals.
4.'12.8 No porlion of the Work requiring submission of a
Shop Drawing, Product Data or Sample shall be com-
menced until the submillal has been approved by the
Archilect as provided in Subparagraph 2.2,14. All such
porlions of the Work shall be in accordance v4th ap-
proved submittals.
4.13.1 The Contractor shall confine operations at the site
to a~eas permltled by law, ordinances, permits and the
Contracl Documents and shall not unreasonably encum-
ber the site. with any materials or equipment.
4.14 CUTTING AND PATCHING OF WORK
4.14.1 The Contraclor shall be responsible for all cu::;ng,
fitting or palching that n~ay be required to comp:ere the
Work or to rnake its several parts fit together properly.
4.14.2 The Contractor shall not damage or endar.~e: any
portion of the Work or the work of the Owner o: any
separate contractors by '~:utting, patching or other, vise
altering any work, or by excavation. The Contractor shall
not cut or otherwise alter the work of the Owner o: any
separate conlractor except with the written consent of the
Owner and of such separate contractor. The Cor. trzctor
shall not umeasonably wifhhold from the Owner ot any
altering the Work.
4.15 CLEANING UP
4.15.1 The Contractor al all times shall keep the premises
caused by his operations. At the completion of the Work
he shall rempve all hi~ waste materials and rubbish from
and about ~he Project as well as all his tools, construc-
tion equipment, machinery and surplus materials.
4.15.2 If the~Contractor fails to clean up at the comple-
tion of the '~ork, the Owner may do so as provided in
Paragraph 3~4 and the cost thereof shall be charged to the
4.16 COMA4UNICATIONS
4.16.1 The Contractor shall forward all communications
to the Owner through the Architect.
4.17 ROYALTIES AND PATENTS
4.17.1 The Contractor shall pay all royalties and license
fees. He shall defend all suits or claims for infringement
of any patent rights and shall save the Owner harmless
from loss on account thereof, except that the Owner shall
be responsible for all such loss when a particular design,
process or Ihe product of a particular manufacturer or
manufacturers is specified, but if the Contractor has rea-
son to believe that Ihe design, process or product speci-
fied is an infringement of a patent, he shall be responsible
for such loss unless he promptly 8ives suc.h information to
4.18.1 To the fullest extent permitted by law, the Con-
tractor shall indemnify and hold harmless the Owner and
the Architect and Iheir agents and employees from and
against all claims, damages, losses and expenses, incIuding
but not limited to attorneys' fees, arising out of or result-
ing from the performance of the Work, provided that
any such claim, damage, loss or expense (1) is altribulable
to bodily injury, sickness, disease or death, or to injury
to or destruction of tangible property (other than Ihe
Work itself) including the loss of use resulting therefrom,
A201-1976 g
and (2) is caused in whole or in part by an}' negligent
or omission of the ComractoG any Subcontractor, anyone
directly or indirectly employed by any of them or an'yone
for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified
hereunder. Such obligation shall not be construed to ne-
gate, abridge, or otherwise reduce any other right or obli-
galion of indemnity which would otherwise exist as to any
party or person described in this Paragraph 4.18.
4.18.2 in any and all claims against the Owner or the
Architect or any of their agents or employees by any
employee of the Contractor, any Subconlraclor, anyone
directly or indirectly employed by any of them or anyone
for whose acts any of them may be liable, the indemnifi-
cation obligation under this Paragraph 4.18 shall not be
limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or
for the Contractor or any Subcontractor under workers'
or workmen's compensation acts, disability benefit acts or
other employee benefit acts.
4.'~8.3 The obligations of the Contractor under this Para-
graph 4.18 shall not extend to the liability of the A.rchi-
lect, his agents or employees, arising out of (1) the prepa-
ration or approval of maps, drawings, opinions, reports.
surveys, change orders, designs or specifications, or (21
the giving of or the failure to give directions or instruc-
lions by the Architect, his agents or employees provided
such giving or failure to give is the primary cause of the
injury or damage.
ARTICLE 5
SUBCONTRACTORS
S.'l DEFINITION
5.1.'1 A Subcontractor is a person or entity who has a
reel contract with the Contractor to perform any of the
Work at the site. The 1erin Subcontraclor is referred to
throughout the Contract Document,s as if singular in num-
ber and masculine in gender and means a Subcontractor
or his authorized representative. The term Subcontractor
does not include any separate contractor or his subcon-
tractors.
5.1.2 A Sub-subcontractor is a person or entity who has a
direct or indirecl contract with a Subcontractor to per-
form any of the Work at the site. The term Sub-subcon-
traclor is referred Io throughout the Contract Documents
.as if singular in number and masculine in gender and
means a Sub-subcontractor or an authorized representa-
tive thereof.
S.2 AWARD OF SUBCONTRACTS AND OTHER
CONTRACTS FOR PORTIONS OF THE WORK
5.2.1 Unless olherwise required by the Contract Docu-
ments or Ihe Bidding Documents, the Contractor, as soon
as practicable after the award of the Contract, shall fur-
nish to the Owner and the Architect in writing the names
of the persons or entities (including Ihose who are to fur-
nish materials or equipment fabricated to a special design)
proposed for each of the principal portions o( the Work.
The Architec~ will promptly reply to the Contractor in
wriling stating whether or not the Owner.or the Architect,
after due investigation, has reasonable objection to any
such proposed person or entit~ Failure of the Owner or
Architect Io reply promptly sh'all constitute notice of no
reasonable objection.
5.2.2 The Contractor shall not contract with any such
proposed person or entity to whom the Owner or the
Architect has made reasonable objection under the provi-
sions of Subparagraph 5.2.1. The Contractor shall not be
required to contract with anyone to whom he has a rea-
sonable objection.
$:2.3 If the Owner or the Architect has reasonable objec-
tion to any such proposed person or entity, the Contrac-
tor shall submit a substilute to whom the Owner or the
Architect has no reasonable objection, and the Contract
Sum shall be increased oi ddcteased by the difference in
cost occasioned by sucl't substitution and an appropriate
Change Order shall be issued; however, no increase in
the Contract Sum shall be allowed 'for any such substitu-
tion unless the Contractor has acted promptly and re-
sponsively in submitting names as required by Subpara-
graph 5.2.1.
· 5.2.4 The Contractor shall make no substitution for any
Subcontractor, person or entity previously selected if the
Owner or Archilect makes reasonable objection to such
substilulion.
5.3 SUBCONTRACTUAL RELATIONS
5.3.1 By an appropriate agreem.ent, v.,ritten where legally
required for validity, the Contractor shall require each
Subcontr,~cto'r, Io the extent of the Work to be per-
formed by the Subcontractor, to be bound to the Con-
tractor by the terms of the Contract Documents, and to as-
sume toward the Contractor all the obligations and re-
sponsibilitles which the Contractor, by these Documents,
assumes toward the Owner and the Architect. Said agree-
ment shall preserve and protect the rights of the Owner
and the Architecl under the Conlract Documents with re-
spect to the Work 1o be performed by the Subcontractor
so that the subcontracting thereof will not prejudice such
rights, and shall allow Io the Subcontractor, unless specifi-
cally provided otherwise in the Contractor-Subcontractor
agreement, the benefit of all rights, remedies and redress
against the Contractor that the Contractor, by these Docu-
ments, has against the Owner. Where appropriate, the
Contractor s~all require each Subcontractor Io enter into
similar agreements with his Sub-subcontractors· The Con-
tractor shall make available to each proposed Subcon-
tractor, prior Io the execution of the Subcontract, copies
of the Contract Documents to which the Subcontractor
will be bound by this Paragraph 5.3, and identify to the
Subcontractor any terms and conditions of the proposed
Subcontract which may be at variance with the Contract
Documents. Each Subcontractor shall similarly make cop-
ies of such Documents available lo his Sub-subcontractors.
ARTICLE 6
WORK BY OWNER OR BY
SEPARATE CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM WORK AND
TO AWARD S£PAR~TE CONTRACTS
6.1.1 The Owner reserves the right to perform work re-
lated Io the; Project with his own forces, and to award
10 A201-1975
'K-10
the Project or other wok on he si~e under these or si/~ilar
Conditions o( the Conlract. II Ihe Contractor claims that
delay or addh)onal cost is involved because of such
action by the Owner, he shall make such claim as pro-
vided elsewhere in the Contract Documents.
6.1.:2 When separate contracts are awarded (or different
portions of the Project or olher work on the site, the term
Contractor in the Contract Documents in each case shall
work of his own forces and of each separate contractor
with the Work of the Contractor, who shall cooperate.
therewith as provided in Paragraph 6.2.
6.2 MU'~UAL RESPONSIBILITY
6.2.1 ~rhe Conlractor shall afford the Owner and separate
and storage of their mamerials and equipment and the
execution of their work, and shall connect and coordinate
his Work with theirs as required by the Contract Docu-
6.2.2 If any parl of the Contractor's Work depends for
proceeding with the Work, promptly reporl to the Archi-
tect any apparent discrepancies or defects in such other
cept as to defects which may subsequently become appar-
rent in such work by others.
6.2 3 Any costs caused by defective or ill-timed work
shall be borne by the party responsib · therefor.
6.2.4 Should the Contractor wrongfully cause damage to
the work or property of the Owner, or to other work on
the site, the Contractor shall p~omptly remedy such dam-
age as provided in Subparagraph 10.2.5.
6.2.5 Should the Contractor wrongfully cause damage to
with such other contractor by agreement, or otherwise to
initiates an arbilration proceeding against the Owner on
account of any damage alleged Io have been caused by
the Contractor, the Owner s~all notify the Contractor
who shall defend such proceedings at the Owner's ex-
pense, and f any judgment or award against the Owner
arises therefrom the Contractor sba pay or satisfy, it and
rate contractors as to their responsibility for ~leaning up
as required by Paragraph 4.15. the Owner may dean up
and charge the cost thereof to the contractors respons[51e
therefor as the A~chitect shall delermine to be just.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 GOVI~RNING LAW
7.1.1 The Contract shall be gpverned by the law ot Se
place where the Project is located.
7? SUCCESSORS AND ASSIGNS
7.2.1 The Owner and the Contractor each binds hims. elf,
his partners, successors, assigns and legal representatives
to the other party hereto and to the partners,.successors,
assigns ~nc{ legal representatives of such other pat~y in re-
spect 'to all covenants, agreements and obligations con-
tained in the Contract Documents. Neither party to the
Contract shall assign the Contract or sublet it as a whole
without the writlen consent of the other, nor shall the
Contractor assign any moneys due o~ to become due to .
him hereunder, without the previous written consent of
the Owner.
7.3 WRIITEN NOTICE
7.3.'1 Written nOlice shaU be deemed to have been duly
served if delive/~d in person to the individual or member
of the firm or entity o~ to an officer of the corporation for
whom it was inlended, or if delivered at or sent by regis-
tered or certified, mail to the last business address known
tc~ him who giyes the notice.
7.4.1 Should either party Io the Contract suffer inju~' ot
or others for whose acts he is legally liable, claim shall be
time after the first observance of such injury ~0r damage.
7.5 pER~ORMiANCE BOND AND LABOR ANO
7.5.1 The Owner shall have the right to ~equire the Con-
of the Contract and the payment of all obligations arising
thereunder if and as required in the Bidding DocumenLS
7.6 RIGHTS AND REM. EDIES
7.6.1 The duties and obligations imposed by the Contract
Documents and the rights and remedies available there-
posed or available by law.
specifically agreed in writing.
K-11
7.7 TESTS
7.7.1 If the Co. ntract Documents, laws, ordinances, rules,
regulations or orders of any public authority having juris-
diction require any portion of the Work to be inspected,
lested or approved, the Contractor shall give the Architect
timeiy notice of its readiness so the Architect may observe
such inspection, testing or approval. The Contractor shall
bear all costs of such inspections, tests or approvals con-
ducted by public authorities· Unless otherwise provided,
the Owner shall bear all costs of other inspections, tests
or approvals.
7.7.2 If ihe Architect delermlnes that any Work requires
special inspection, testing, or approval which Subpara-
graph 7.7.1 does not include, he will, upon wrilten au-
thorization from the Owner, instruct the Contractor to
order such special inspection, testing or approval, and the
Contractor shall give notice as provided in Subparagraph
7.7.1. If such special inspection or testing reveals a failure
of Ihe Work to comply with the requirements of the Con-
tract Documents, the Contractor shall bear ali costs there-
of, includin§ compensation for the Archilect's additional
services made .necessary by such failure; otherwise the
Owner shah bear such costs, and an appropriate Change
Order shall be issued.
7.7.3 Required certificates of inspection, testing or ap-
proval shall be secured by the Contractor and promptly
delivered by him to the Archilec~.
7.7.4 If the Architect is to observe lhe inspections, tests
or approvals required by the Contract Documents, he will
do so promptly and, where practicable, at the source of
supply.
7.8 IN'[EREST
7.8.1 Payments due and unpaid under the Contract
Documents 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 at
the place of the Project.
7.9 ARBITRATION
7.9.1 All claims, d~sputes and other matlers in question
between Ibe Contractor and the Owner arising out of, or
relating to, the Contracl Documents or the breach there*
of, except as provided in Subparagraph 2·2.11 with re-
spect to the Architecl's decisions on matters relating to
artistic effect, and except for 'claims which have been
'waived by the making or acceptance of final payment as
provided by Subparagraphs 9.9.4 and 9.9.5, shah be de-
cided by arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration
Association then obtaining un~ess the parties mutually
agree otherwise. No arbitration arising out of or relating
to the Contract Documents shall include, by consolida*
lion, joinder or in any other manner, the Architect, his
employees or consultants except by written consent con-
taining a specific refer~'nce to the Owner-Contractor
Agreement and signed by the Archilect, the Owner, the
Contractor and any other person sought to be joined. No
arbilration shall include by consolidation, jolnder or in
any olher manner, parties other than the Owner, the
Contractor and any other persons substantially involved
in a common question of fact or law, whose presence is
required if complete relief is to be accorded in the arbi-
(ration. No person other than~'the Owner or Contractor
'shall be incluoed as an original third party or additional
third party to an arbitration whose interest or responsi-
bility is insubstantial. Any consent to arbitration involving,
an additional person or persons sha[I not constitute con-
sent 1o arbitration of any dispute not described therein or
with any person not named or described therein. The
foregoing agreement to arbitrate and any other agreement
to arbitrate with an additional person or persons duly
consented td by the parties to the Owner-Contractor
Agreement shall be specifically enforceable under the
prevailing arbitration law. The award rendered by the
.arbitrators shall be final,, and judgment may be entered
upon it in accordance With applicable law in any court
havipg jurisdiction thereof.
7.9.2 Notice of the demand for arbitration shall be filed
in writing with the other party to the Owner-Contractor
Agreement and with the American Arbitration Associa-
tion, and a copy shall be filed with the Architect. The
demand for arbitration shall be made within the time
limits specified in Subparagraph 2.2·12 where applicable,
and in all other cases within a reasonable time after the
claim, dispute or other matter in question has arisen, and
in nO event shall it be made after the date when institu-
tion of legal or equitable proceedings based on such
claJm, dispute or other matter in question would be
barred by the applicable statute of limitations.
7.9.3 Unless';otherwis~ agreed in writing, the Contractor
shall carry on the Work and maintain its progress during
any arbitralion proceedings, and the Owner shall con-
' tinue to ma~ payments to the Contractor in accordance
with the Contract Documents.
ARTICLE 8
TIME
8.1 DEFtNITIONS :
8.1.1 Unless otherwise provided, the Contract Tim~ is the
period of time a[Iolted in the Contract Documents for
Substantial Completion of the Work as defined in Sub-
paragraph &'l.3, including authorized adjustments thereto.
8.1.2 The date of commencement of the Work is the date
established in a notice to proceed. If there is no notice to
proceed, it shall be the date of the Owner-Contractor
Agreement or such other date as may be established
therein.
8.1.3 The Date of Substantial Completion of the Work or
designated portion thereof is the Date certified by the
Architect wben construction is sufficiently complete, in
accordance with the Contract Documents, so the Owner
can occupy or utilize the Work or designated portion
thereof for Ihe use for which it is intended.
8.1.4 The term day as used in the Contract Documents
shah mean calendar day unless otherwise specific.~lly
designated.
8.2 pROGRESS AND COMPLETION
8.2.1 All time limi~ stated in the Contract Documents are
of the essence of the Contract.
12 A201-1976
K-12
8.2.2 The Contra'clot shall begin the Work on the date of
commencement as defined in Subparagraph 8.1.2. He
shall carry the Work forward expeditiously with adequate
forces and shall achieve Substantial Completion within
the Contract Time.
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 If the Contraclor is delayed at any time in the prog-
ress of the Work by any act or neglect o( the Owner or
the Architect, o~ by any employee of either, or by any
separate contraclor employed by the Owner, or by
changes ordered in the Work, or by labor disputes, fire,
unusual delay in transporlation, adverse weather condi-
tions not reasonably anticipatabie, unavoidable casualties,
or any causes beyond the Contractor's control, or by de-
lay authorized b? the Owner pending arbitration, or by
any other cause which the Architect determines may
justify the delay, then the Contract Time shall be ex-
tended by Change Order for such reasonable time as the
Architect may determine.
8.3.2 Any claim for extension of tim'e shall be made in
writing to the Architect not more than twenty days after
the commencement of the delay; otherwise it shall be
waived. In the case of a continuing de]ay only one claim
is necessary. The Contractor shall provide an estimate of
the probable effect of such delay on the progress of the
Work.
8.3.3 If no agreement is made stating the dat.es upon
which inlerpretations as provided in Subparagraph 2.2.8
shall be furnished, lhen no claim for delay shall be
lowed on account of failure to furnish such interpreta-
lions until filleen days afler written requesl is made for
them, and not 1hen unless such claim is reasonable.
8.3.4 This Paragraph 8.3 does not exclude the recovery
of damages for delay by either party under other provi-
sions ot the Conlract Oocumenls.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 TheContracl Sum is stated in the Owner-Contractor
Agreement and, including authorized adjustments thereto,
is the total amount payable by the Owner to the Contrac-
tor for the performance of the Work under the Contract
Documents.
9.2 SCHEDULE OF VALUES
9.2.1 Before the first Applicalion for Payment, the Con-
tractor shall submit to the Architect a schedule of values
aUocaled to the various portions of the Work, prepared in
such form and supporled by such data to substantiate its
accuracy as the Archilect may [equire. This schedule, un-
less objected to by the Architect, shall be used only as a
basis for the Conlractor's Applications fo[ Payment.
9.3 APPLICA11ONS FOR pAyMENT
9.3.1 At least ten days before the date for each progress
payment established in the Owner-Contractor Agreement,
the Cont[aclor shall submit to the Architect an ilemized
Application for Payment, notarized il' requi,'ed, supported
by such data substantiating'the Contractor's right tO pay-
ment as the Owner or the Architect may require, and re-
flecting retainage, if any, as provided elsewhere in the
· Contract Documents.
9.3.2 Unless otherwise provided in the Contract Docu-
ments, payments wiII be made on account of materials or
equipment not incorporated in the Work but delivered
and suitably stored at the she and, if approved in ad-
vance by the Owner, payments may similarly be made
for materi~ls or equipment suitably stored at some other
location agreed upon in writing. Payments for materials
or equipment stored on or off the site shall be con-
' dilioned upon submission by the Contractor of bills of
sale or such other pr,ocedures satisfactory to the Owner
to establish the Owner's title to such materials or equip-
ment or otherwise pro!f~ct the Owner's interest, including
applicable insurance and transportation to the site for
those materials and equipment stored off. the site.
9.3.3 The Contractor warrants that title tO all Work,
materials and equipment covered by an Application for.
Payment will pass to the Owner either by incorporation in
the construction or upon the receipt of paymen~ by the
Contractor, whichever occurs first, free and clear of all
liens, ctaims, security interests or encumbrances, herein-
after referred to in this Article 9 as "liens"; and that no
Work, materials or equipment covered by an Application
for Payment ,,,.,ill have been acquired by the Contractor,
or by any~other person performing Work at the site or
furnishing materials and equipment for the Project, sub-
ject to an. agreement under which an interest therein or
an encumb~rance thereon is retained by the seller or other-
wise impdsed by the Conlractor or such other person.
9.4 . CERTIFICATES FOR PAYMENT
9.4.1 The Architect will, within seven days after the re-
ceipt of the Contractor's Application for Payment, either
issue a Certificate for Payment to the Owner, ,with a
copy to the Contractor, for suc~ amount as the Architect
determines is properly due, or notify the Contractor in
writing his reasons for withholding a Certificate as pro- .
vided in Subparagraph 9.6.1.
9.4.2 The issuance of a Certificate for Payment will con-
st,tute a [epresentation by the A~chilect to the Owner,
based on his observations at the site as provided in Sub-
paragraph 2.2.3 and the data comprising the Application
for Payment, that the Work has progressed to the point
indicated; that, to the best of his know[edge, information
and belief, the quality of the Work is in accordance with
the Contract Documents (subject to an evaluation of the
Work for conformance with the Contract Documents
upon Substantial Completion, to the results of any subse-
quent tesls required by or performed under the Contract
Documents, to minor deviations from the Contract Docu-
ments correctable prior to completion, and to any specific
qualific,~tions stated in his Certificate); and that the Coho
tractor is entided to payment in the amount certified.
However, by issuing a Certificate for Payment, the Archi-
tect shall not thereby be deemed to represent that he has
made exhaustive or continuous on-site inspections to
check the quality or quantity of the Work or that he has
reviewed the construction means, methods, techniques,
K-13
A201-1976 13
sequences or procedures, or Ihat he has made any exam-
ination to ascertain'how or for what purpose the Contrac-
tor has used the ~noneys previously paid on account of
the Contract Sum.
'9.S PROGRESS pAYMENTS
9.5.1 After the Architect has issued a Certificate for Pay-
ment, the Owner shall make payment in the manner and
within the time provided in the Contract Documents.
9.5.2 The Contractor shall promptly pay each Subcon-
tractor, upon receipt of payment from the Owner, out of
the amount paid to the Contractor on account of such
Subconttactor's W,,ork, the amount to which said Subcon-
tractor is entitled, reflecting the percentage actually re-
tained, if any, from payments to the Contractor on ac-
count of such Subconlraclor's Work. The 'Contractor shall,
by an appropriate agreement with each'Subcontractor, re-
quire each Subcontractor to make payments to his Sub-
subcontractors in similar manner.
9.5.3 The Architect may, on request and at his discretion,
'Jurnish to any Subcontractor, if practicable, information
regarding the percentages of completion or the amounts
applied for by the Contractor and the action taken there-
on by the Architect on account of Work done by such
Subconlractor-
9.5.4 Neither the Ow'net nor the Architect shall have any
obligalion to pay or lo see to the payment of any moneys
to an)' Subcontractor ~xcept as may otherwise be required
by law.
9.5.5 NO Certificate for a I~rogress payment~ nor any
progress payment, nor any partial or entire use or occu-
pancy of the Project by the Owner, shall constitute an
acceptance of any Work not in accordance with the Con-
tract Documents.
9.6 pAYMENTS WITHHELD
9.6.1 The Architect may dechne to certify payment and
may withhold his Certificate in whole or in part, to the
extent necessary reasonably to protect the Owner, if in
his opinion he is unable to make representations to the
Owner as provided in Subparagraph 9.4.2. If the Architect
~s unable to make represenlations to the Owner as pro-
vided in Subparagraph 9.4.2 and to certify payment in the
amount of the Application, he will notify the Contractor
.as provided in Subparagraph 9.4.1. If the Contractor and
the Architect cannot agree on a revised amount, the
Architect will promptly issue a Certificate for Payment
for the amount for which he is able to make such rep-
tesentallons to the Owner. The Architect may also decline
to certify payment or, because of subsequently discov-
ered evidence or subsequent observalions, he may nullify
the whole or any part of any Certificate for Payment
previously issued, to such extent as may be necessary in
his opinion to protect the Owner from loss because of:
.1 defective work not remedied,
.2 third party claims filed or reasonable evidence indi-
caling probable filing of such claims,
.3 failure of the Contractor to make payments prop-
erly lo Subcontractors or for labor, materials or
equipment,
.4 reasonable evidence that the Work cannot be com-
pleted lot the unpaid b"alance of the Contract Sum,
.S damage to the OwDer or another contractor,
.6 reasonable evidence that the Work will not be com-
pleted within the Contract Time, or
.7 persistent failure Io carry out the Work in accord-
ance wilh the Contract Documenl~.
9.6.2 When the above grounds in Subparagraph 9.6.1 are
removed,'payment shall be made for amounts withheld
because of th'em.
9.7 FAILURE OF PAYMENT
9.7.1 If the Architect does n~t issue a Certificate for
Payment, through no fadlt of the Contractor, within seven
days after receipt of the'Contraclor's Application for Pay-
ment, or if the Owner does not pay the Contractor within
seven days .afler the date established in the Contract
Documents any amount certified by the Architect or
awarded by arbitration, then the Contractor may, upon
seven additional 'days' written notice to the Owner and
the Architect, stop the Work until payment of the amount
owing has been received. The (~ontract Sum shall be in-
creased by the amount, of the Contractor's reasonable
costs of shut-down, delay and start-up, which shall be ef-
fected by appropriate Change Order in accordance with
.Pa ragraph 12.3.
g.8 SUBSTANTIAL COMPLETION
9.8.1 When the Contractor considers that. the Work, or
a designated: portion thereof which is acceptable to the
Owner, is substantially complete as defined in Subpara-
graph 8.1.3, lhe Contractor shall prepare for submission
to the Archilect a list of items to be completed or cor-
rected. The .failure to include any items on such list does
not aher Ihe responsibility of ~he Contractor to complete
all Work in accordance with the Contract Documents.
When the Architect on the basis of an inspection deter-
:mines that the Work or designated portion thereof is sub-
;stantially complete, he wi!l then prepare a Certificate of
Substantial Completion which shall establish the Date of
Substantial Completion, shall state the responsibilities of
the Owner and the Contractor for security, maintenance,
heat, utilities, damage to the Work, and insurance, and
shall fix the time within which the Contractor shall com-
plete the items listed therein. Warranties required by the
Contract Documents shall commence on the Date of Sub-
stantial Completion of the Work or designated portion
thereof unless otherwise provided in the Certificale of
Substantial Completion. The Certificate of Substantial
Completion shall be submitted to the Owner and the
Contractor for their written acceptance of the responsi-
bilhles assigned to them in such Certificate.
9.8.2 Upon Substantial Completion of the Work or desig-
nated portion thereof and upon application by the Con-
tractor and certification by the Architect, the Owner shall
make payment, reflecting adjustment in retainage, if any,
for such Work or portion thereof, as provided in the Con-
tract Documents.
9.9 FINAL COMPLETION AND FINAL PAYMENT
9.9.1 Upon receipt of written notice that the Work is
ready for final inspection and acceptance and upon re-
ceipt of a final Application for Payment, the Architect will
14 A2Ot-19~6
K-14
p~omptly make such inspection and, when he finds the
Work acceplable under Ihe Conlract Documents and the
Contract fully perlormed, he will promptly issue a final
Certificate for Payment stating that to the best of his
knowledge, informalion and belief, and on the basis of
his observations and inspections, the Work has been com-
pleted in accordance with the lerms and conditions of the
Contract Documents and that the entire balance found to
be due the Contraclor, and noted in said final Certificate,
is due and payable. The Architect's final Certificate for
Payment will constitule a further representation that the
conditions precedent to the Contractor's being entitled to
final payment as set forth in Subparagraph 9.g.2 have been
S.~.2 Neither the final payment nor the ren{aining re-
lathed percent'age shall become due until the Contractor
submits lo the Archilect (3) an affidavit that all payrolls;
bills for materials and e. quipment, and other indebtedness
connecled with the Work for which the Owner qr his
property might in any way be responsible, have been paid
or otherwise satisfied, (2) consent of surety, if any, to final
payment and (3), if required by the Owner, other data
eslablishing payment or salisfaction of all such obliga-
tions, such as receipts, releases and waivers of liens aris-
ing out of the Contract, to the extent and in such form
as may be designated by Ihe Owner. If any Subcontractor
refuses to furnish a release or waiver required by the
Owner, Ihe Contractor may furnish a bond satisfactory to
the Owner to indemnify him against any such lien. If
any such lien remains unsatisfied after all payments are
made, the Contractor shall refund to the Owner ali mon-
eys thal the latter may be compelled to pay in discharging
such lieh, including all costs and reasonable attorneys'
fees.
9.~J.3 If, after Substantial Completion of the Work, final
completion thereof is materially delayed through no fault
of the Contractor or by the issuance of Change Orders
'affecting final completion, and the Architect so confirms,
the Owner shall, upon application by the Contractor and
certification by the Architect, and without terminating
the Contract, make payment of the balance due for that
portion of the Work fully completed and accepted, if the
remaining balance for Work not fully compleled or cor-
rected is less than the relainage stipulated in the Conlract
Documents, and if bonds have been furnished.as provided
in Paragraph 7.5, the written consent of the surety 1o the
payment of the balance due for that portion of the Work
fully compleled and accepted shall be submitted by the
'payment. Such payment shall be made under the terms
shall not constitute a waiver of claims.
waiver of all claims by the Owner except those arising
from:
.2 faulty or detective Work appearing afler Substantial
Completion,
.3 failure of the Work to comply with the require-
9.g.$ The acceptance of final payment shall consm:::e a
waiver Of all claims by the Contractor except those pre.;-
ously made in w~iting and identified by the Contra~or
as unsettled at the time of the final Application for Fiy-
mont.
- ARTICLE l0
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRA/V~
10.1.1 The Contractor shall be responsible for initiating.
maintaining and supervising'all safety precautibns and
programs in con~,ect~on with,the Work.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall i~ke all reasonable precau-
lions_ for the safety of, and shaU provide all reasonabJe
protection to prevent damage, injun/or loss to:
.1 all employees on the Work and all other persons
who may be affected thereby;
.2 all the Work and all materials and equipment to
· be incorporated therein, whether in storage on or
'off the steer under the care, custody or control of
the Contractor or any of his Subcontractors or
Sub-subcontractors; and
.3 other property at the site or adjacent thereto, in-
cluding trees, shrubs, lawns, walks, pavemenL~,
roadways, structures and utililies not designated ior
removal,?elocation or replacement in the course
of construction.
10.2.2 The Contractor shall give al~ notices and comply
with all apphcabte laws, ordinances, rules, regulations and
lawful orders of any public authority beadn8 on the safety
of persons or property or their protection from damage,
injury or loss·
10.2.3 The Comractor shall erect and maintain, as re-
quired by existing conditions and progress of Ihe Work,
idl reasonable safeguards for safety and protection, in-
cluding posting danger signs and other warnings against
hazards, promulgating safely regulations and noti~'inB
owners and users of adjacent utilities.
10.2.4 When the use or storage of explosives or other
hazardous maletials or equipment is necessary for the
execution of the Work, the Contraclor shall exercise the
utmost care and shall carry on such activities under the
supervision of properly qualified personnel·
10.2.5 The Contractor shall promptly remedy all damage
or loss (other than damage or loss insured under Par~-
graph 11.3) Io any properly referred to in Clauses 10.2.1.2
and 10.2.'1.3 caused in whole or in part by the Contractor,
any Subconlrac~or, any Sub-subcontractor, or anyone df-
reedy or indirectly employed by any of them, or by any-
one for whose acts any of them may be liable and for
which the Contractor is responsible under Clauses 10.2.1.2
and ~0.2.~.3, except dam~§e or loss attrlbulnble lo the
directly ot 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 Contrac-
tor. The foregoing obligations of the Contractol are in
addilion.to his obligations under Paragraph 4.'18.
K-15
10.2.6 The Conlractor shall designate a responsible mem-
ber of his organization at the site whose duty shall be the
prevention ol accidents· This person shall be the Contrac-
. tor's superiniendent unless olherwise designated by the
Contractor in writing to the Owner and the Architect.
10.2.7 The Contractor shall not load or permit any part
of the Work to be loaded so as to endanger its safety.
10.3 EMERGENCI~
10.3.1 In any' emergency affecting the safer), of persons
or property, the Contractor shall act, at his discretion, to
prevent threatened damage, injury or loss. Any additional
· compensation or extension of time claimed by the Con-
tractor on account of emergency work shall be deter-
mined as provided in Article 12 for Changes in the Work.
ARTICLE 1'1 '.
INSURANCE
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Conlractor shall purchase and maintain such
insurance as will protect him from claims set forth below
which may arise oul of or result from the Contractor's
operations under the Contract, whelher such operations
be by himself or by any Subcontractor or by anyone di-
rectly or indirectly employed by any of them, or by any-
one [or whose acts any o! them may be liable:
.1 claims under workers' or workmen's compensation,
disability benefit and other similar employee bene-
fit .acts;
.2 claims for damages because of bodily injury, oc-
cupational sickness or .disease, or death of his
employees;
.3 claims for damages because of bodily injury, sick-
ness or disease, or death of any person other than
his employees;
.4 claims for damages insured by usual personal in.
jury liability coverage which ar__e sustained (1) by
any person as a result of an offense directly or in-
directly related to the employment of such person
by the Contractor, or (2) by any other person;
_5 claims for damages, other than to the Work itself,
because of injury to or destruction of tangible
property, including loss of use resulting therefrom;
and
.6 claims for damages because of bodily injury or
death of any person or property damage arising
oul of the ownership, maintenance or use of any
motor vehicle.
11.1.2 The insurance required by Subparagraph 11.1.1 shall
be written for not less than any limits of liability specified
in the Contract Documents, or required by law, which-
ever is greater.
11.1.3 The insurance required by Subparagraph 11.1.1
shall include contractual liability insurance applicable to
the Conlraclor's ob]igation~ under Paragraph '4.18.
11.1.4 Certificates of Insurance acceptable to the Owner
shall be filed wilh the Owner prior to commencement of
the Work. These Certificales shall contain a provision that
coverages afforded under the policies will not be can-
celled until at least thirty days' prior written notice has
been g'iven to Ihe Owner.
11.2 OWNER'S LIABILITY' INSURANCE
11.2.1 The Owner shall be responsible for purchasing
and maintaining his own liability insurance and, at his
option, may purchase and maintain such insurance as
will protect him against claims which may arise from
operations, under the Contract.
11.3 PROPERTY INSURANCE
11.3.1 Unless otherwise provided, the Owner shall pur-
chase and maintain p~operty insurance upon the entire
Work at the site to the full insurable value thereof. This
insurance .,.hall include the interests of the Owner, the
Contraclor, SubcontraC!rOrS and Sub-subcontractors in the
Work and shall insure against the perils of fire and ex-
tended coverage and shall include "all risk" insurance for
physical lass or damage including, without duplication of
coverage, theft, vandalism and malicious mischief. If the
· Owner does not intend to purchase such insurance for
· the full insurable value of the entire Work, he shall in-
form tt~e Contractor in writing prior to commencement
of the Work. The Contractor may then effect insurance
which will protect the interests of himself, his Subcontrac-
tors' and the Sub-subcontractors in the Work, and by ap-
propriate Change Order the cost thereof shall be charged
to the Owner. If the Con[ractor is damaged by failure of
the Own~t to purchase or maintain such insurance and to
so notify the Contractor, then the Owner shall bear all
reasonable costs properly attributable thereto. If not cov-
ered under.the all risk insurance or otherwise provided
in the Contract Documents, the Contractor shall effect
and maintain similar property insurance on portions of
the Work stored off the site or in transit when such por-
tions of the Work are to be included in an Application
for Payment under Subparagraph 9.3.2.
11.3.2 The Owner shall purchase and maintain such boiler
and machinery insurance as may be required by the Con-
tract Documents or by law. This insurance shall include
the interests of the Owner, the Contractor, Subcontrac-
tors and Sub-subcontractors in the Work.
11.3.3 Any loss insured under Subparagraph 11.3.1 is to
be adjusted with the Owner and made payable to the
Owner as trustee for the insureds, as their interests may
appear, subject to the requirements of any applicable
mortgagee clause and of Subparagraph 11.3.8. The Con-
tractor shall pay each Subcontractor a just share of any
insurance moneys received by the Contractor, and by ap-
propriate agreement, written where legally required for
validity, shall require each Subcontractor to make pay-
ments to his Sub-subcontractors in similar manner.
11.3.4 The Owner shall file a copy of all policies with the
Contractor before an exposure to loss may occur.
11.3.5 If the Contractor requests in writing that insurance
for risks other than those described in Subparagraphs
11.3.1 and 11.3.2 or other special hazards be included in
the property insurance policy, the Owner shall, if pos-
sible, include such insurance, and the cost thereof shall
be charged to the Contractor by appropriate Change
Order.
16 A201-1976
K-16
C
11.3.6 The Owner and Contractor waive all rights against
(1} each other and the Subcontractors, Sub-subcDmraOors,
agents an''1 employees each of the other, and (2} the
Architect and separate contraclors, if any, and their sub-
contractors, sub-subcontractors, agenls and employees,
for damages caused by fire or other perils to the extent
covered by insurance obtained pursuant Io this Paragraph
¥1.3 or any other property insurance appiicable to the
Work, except such rights as they may have to the pro-
ceeds ol such insurance held by the Owner as trustee.
The Ioregoing waiver afforded the Architect, his agenU
and employees shall not extend to the liability imposed
by Subparagraph 4.18.3. The Owner or the Contracior, as
appropriate, shall require of the Architect, separate con-
tractors, Subcontractors and Sub-subcontractors by ap-
propr~ate agreements, written where legally ~equlred for
validity, similar waivers eacl~ in favor of all other parties
enumeraled in this Subparagraph 11.3.6.
11.3.7 If required in writing by any party in interest, the
Owner as trustee shall, upon the occurrence of an insured
loss, give bond for-the proper performance of ~is duties.
He shall deposit in a separale account any money so re-
ceived, and he shall distribute it in accordance with such
agreement as the parties in interest may reach, or in ac-
cordance with an award by arbitration in which case the
procedure shall be as provided in Paragraph 7.9. If after
such loss no other special agreement is made, replace-
ment of damaged work shall'be covered by an appropri-
ate Change Order.
11.3.8 The Owner as trustee shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within five days
after the occurrence of loss to the Owner's exercise of this
power, and if such objection be made, arbitrators shall be
chosen as provided in Paragraph 7.9. The Owner as trustee
shall, in that case, make settlemen! with the insurers in
accordance with the directions of such arbitrators. If.dis-
tribution of the insurance proceeds by arbitration is re-
quired, the arbitrators will direct such distribution.
11.3.9 If the Owner finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Com-
pletion thereof, such occupancy or use shall nol com-
mence prior to a time mutually agreed to by the Owner
and Contraclor and to which the insurance co~npany or
companies providing the property insurance have con-
seated by endorsement to the policy or OOlicies. This in-
surance shall not be cancelled or lapsed on account of
such partial occupancy or use. Consent of the Comractor
and of the nsurance company or companies to such
occupanCy or use shall not be unreasonah y withheld.
11.4 LOSS OF USE INSURANC~
'11.4.1 The Owner, at his option, may purchase and main-
rain such insurance as will insure him against loss of use
of his property due to fire or other hazards, however
caused. The Owner waives all rights of action against the
Contractor for loss of use of his property, including con-
sequential ~osses due to fire or other hazards however
caused, to the extent covered by insurance.under this
Paragraph '1'1.4.
ARTICLE 12
Ct~IAN~;I:S IN THE WORK
1.~.1 CHANGE ORDIFRS
'12.'1.'1 A Change ,Order is a written order to the Contraco
tot signed by the Owner and the Architect, issued afte:
execution ol the Contract, authorizing a change in th.,.
Work or an adjustment in the Contract Sum or the Co~
tract Time. The Contract gum and the Contract Time
be changed only by Chang~ Order. A Change Orde:
signed by the Contractor indicates his agreement there-
with, including the adjustment in the Contract. Sum et
Ihe Conlract Time.
12.'1.2 The Owner, without invalidating the Contract, rrzJy
order changes in the Work within the general scope cf
the Contract consisting of additions, deletions or
revisions, the Contract Sum and the Contract Time beir, g
adjusled accordingly. All such changes in the Work
be authorized by Change O~der, and shall be performed
under the applicable conditions of the Contrac~ Docu-
menU.
12.1.3 The cost or credit to the Owner resuhin8 from z
change in the Work shall be delermined in one or mote
of the following ways: ,
..'1 by mutual acceptance of a lump sum proper;y
itemized and supported by sufficient substantiztir, g
data to p~.=rmit evaluation;
.2 by unit p~'ices stated in the Contract Documents or
subsequ&ntly agreed upon;
.3 by cost to be determined in a manner agreed upon
by the parties and a mutually acceptable fixed or
percentage tee; or
.4 by the method provided in Subparagraph '12.'1.4.
12..1.4 If none of the methods set forth in Clauses
'12.'1.3.1, '12.'1.3.2 or '12.'I.3.3'is agreed upon, the .Co, nrta. co
for, provided he receives a wr tten order slgnea oy the
Owner, shall promptly proceed with the Work involved.
The cost of such Work shall then be determined by the
Architect on the basis of the reasonabJe expenditures end
savings of those performing the Work attributable to the
change, including, in the case of an increase in the Con-
tract Sum, a reasonable allowance for overhead and profiL
In such case, and also under Clauses '12.'1.3.3 and '12.'1.3.4
above, the Contractor shall keep and present, in such
form as the Architect may prescribe, an itemized account-
ing together with appropriate supporting data for inc[u-
sion in a Change Order. Un~ess otherwise provided in
the Contract Documents, cost shall be limited to the fol-
lowing: cost ol materials, including'sales t~x and cost of
deliver'; cost of labor, including social security, old age
and unemployment insurance, and fringe benefiU re-
quired by agreement or custom; workers' or workmen's
compensation insurance; bond premiums; rentai value of
equipment and machinery; and the additional costs ol
supervision and field office personnel directly attributable
lo the change. Pending final determination of cost to t~e
Owner, paymenU on account shall be made on the Archi-
tect's Certificale for payment. The amount of credit to be
allowed by the Contractor to the'Owner for any deletion
K-17
C
or change which results in a net decrease m the Contract
Sum will be the amOUnt of the actual net cost as con-
firmed by the ArchitecL When both additions and credits
covering related Work or substitutions are involved in
:..~y one change, the allowance for overhead and profit
shall be figured on the basis of the net increase, if any,
with respect to that change.
12.1..5 If unit prices are stated in the Contract Documents
or subsequent)y agreed upon, and if the quantities orig-
inally contemplated are so changed in a proposed Change
Order that application of the agreed unit prices to the
quantities of Work proposed will cause substantial in-
equity to the Owner or the ContraCtor, the applicable
unit prices shall be equitably adjusted.
12.2 CONCEALED CONDITIONS
12.2.1 Should concealed conditions encountered in the
perlormance of the Work below the sur[ace of the ground
or should concealed or unknown conditions in an existing
StrUCtUre be at variance w~th the conditions indicated by
the ContraCt Document. s, or should unkqown physical
conditions below the surface of the ground or should
concealed or unknown conditions in an existing structure
o! an unusual nature, differing materially from those ordi-
narily encountered and generally recognized as inherent
in work of the character provided for in this Contract, be
encountered, the Contract Sum shall be equitably ad-
justed by Change Order upon claim by either party made
within twenty days after the first observance of the
conditions.
12.3 CLAIMS FOR ADDITIONAL COST
12.3.1 tf the Contractor wishes to make a claim for an
increase in the Contract Sum, he shall give the Architect
writlen notice thereof within twenty days after the occur-
fence of the event giving rise to such claim. This notice
shall be given by the Contractor before proceeding to
execute the Wor~c, except in an emergency endangering
life or property in which case the Contractor shall pro-
ceed in accordance with Paragraph 10.3. No such claim
shall be valld unless so made. Il the Owner and the Con-
traclor cannot agree on the amount of the adjustment in
the Contract Sum, it shall be delermined by the Architect.
Any change in the Contract Sum resulting from such
claim shall be authorized by Change Order.
32.3.2 If the Conlracto~ claims that additional cost is in-
volved because of, but not limited to, (1) any written
inlerpretation pursuant to Subparagraph 2.2.8, (2} any
order by the Owner to stop the Work pursuant to Para-
graph 3.3 where the Contractor was not at fault, (3) any
written order for a minor change in the Work issued pur-
suant to Paragraph 12.4, or (4) failure of payment by the
Owner pursuant Io Paragraph 9.7, the Contractor shall
make such claim as provided in Subparagraph 12.3.1.
12.4 MINOR CHANG[S IN THE WORK
12.4.1 The Archilect will have authority to order minor
'changes in the Work not involving an adjustment in the
Comract Sum or an exlension of the Contract Time and
not inconsistent wilh the intent of the Contract Docu-
ments. Such changes shall be effected by written order,
and shall be binding on the Owner and the Contractor.
The Contraclor shall carry out such written orders
promptly.
ARTICLE 13
UNCOVERING AND CORRECTION OF WORK
13.1 UNCOVERING O1: WORK
13.1.1 If any portion of the Work should be covered con-
trary to the request ol the Architect or to requirements
specifically expressed in the Contract Documents, it must,
if required in writing by the Architect, be uncovered for
his observation and shall be replaced at the Contractor's
expense.
13.1.2 If any other portion of the Work has been covered
which the Architect has not specifically requested, to ob-
serve prior to being covered, the Architect may request
to see such Work and it shall be uncovered by the Con-.
tractor. If such ~,¥ork be found in accordance with the
Contract Documents, the cost of uncovering and replace-
ment shall, by appropriate Change Order, be charged to
the Owner. Ii such Work be found not in accordance with
the Contract Documents, the Contractor shall, pay such
costs unless it be found that this condition was caused
by the Owner or a separate contractor as provided in
Article 6, in w:~ich event the Owner shal~ be responsible
for the payment of such costs.
13.2 CORRECTION OF WORK
13.2.1 The Contractor shall promptly correct all Work
rejected by thE: Architect as defective or as failing to con-
form to the Contract Documents whether, observed be-
fore or after Substantial Completion and whether or not
fabricated, installed or completed. The Contractor shall.
bear all costs of correcting such rejected Work, including.
compensation for the Architect's additional services made
necessary thereby.
13.2.2 If, within one year after the Date of Substantial
Completion of the Work or designated portion thereof or
within one year after acceptance by the Owner of desi§-
hated.equipment or within such longer period of time as
may be prescribed by law or by the terms of any appli-
cable special warranty ~equlred by the Contract Docu-
ments, any of the Work is found to be defective or not in
accordance with the Contract Documents, the Contractor
shall correct it promptly after receipt of a written notice
from the Owner to do so unless the Owner has previously
given the Contractor a wrilten acceptance of such condi-
tion.' This obligation shall survive termination of the
Contract. ThE: Owner shall give such notice promptiy
after discovery of the condition.
13.2.3 The Contractor shall remove from the site all por-
tions of the Work which are defective or non-conforming
and which have not been corrected under Subparagraphs
4.5.1, 13.2.1 and 13.2.2, unless removal is waived by the
Owner.
13.2.4 If the Con~ractor fails to correct defective or non-
conforming Work as provided in Subparagraphs 4.5.1,
13.2.1 and 13.2.2, the Owner may correct it in accordance
with Paragraph 3.4.
K-18
C
13.2..5 If'Ill,: Contraclor does not proceed with the toro '
rection ~f such'defective or non-conforming Work within
a reasonable time fixed by wrdlen notice from the Archi-
upon ten additional days' written notice sell such Work
at auction or at privale sale and shall account lot the nel
proceed~ thereof, after deducling all the costs 1hat should
have been borne by the Contractor, including compensa-
lion for Ihe Architect's additional services made necessary
thereby. If such proceeds of sale do not cover all costs
which the Conlractor should have borne, the difference
shall be charged to the Contractor and an appropriate
Change Osder shall be issued· If the payments then or
such amount, the Contractor shall pay the difference to
the Owner·
13.2.6 The Contractor shall bear the cost of making good
or damaged by Such correction or removal.
13.2.7 Nolhing contained in this Paragraph 13.2 shall be
construed Io establish a period of limitation with respect
to any olher obhgation which the Conlractor might have
under the .Contract Documents, including Paragraph 4.5
hereof. The establishment of the time period ol one year
after the Date of Substantial Complelion or such longer
period of time as may be prescribed by law or by the
terms of any warranty required by the Contract Docu-
ments relates only'to 1he specific obligation of the Con-
tracto~ to correct the Work, and has no relationship to
the time within which his obligation to comply with the
Contract Documents may be sought to be enforced, nor
to the time within which proceedings may be com-
menced to establish the Contractor's liability with respect
to his obligations other than specifically to correct the
Work.
13.3 ACCEPTANCE OF DEFECI'tVE OR NON-CONEORMING
13.3.1 If the Owner prefers to accept defective or non-
conforming Work, he may do so instead of requiring its
removal and correction, ,in which case a Change Order
wil~ be issued to reflect a reduction in the Contract Sum
where appropriate and equitable. Such adjustment shall
be effected whether or not final payment has been made.
ARTICLE 14
TERMINATION OF THE CONTRACT
14.1 TERMINATION eY THE CONTRACTOR
14·1.1 If the Work is slopped Ior a period of thirty days
under an order of any court or other public authority
having jurisdiction, or as a result of an act of lovett, meat,
such as a declaration of a national emergency ma!~ing
malerials unavailable, through no act or fault of. the
Contractor or a Subcontractor or their agents or employ*
ees or any other persons performing any of the Work
under a contracl with the Contractor, or if the Work
should be stopped for a period of thirty days Ly the
Contractor because the A~chitect has not issued a Certifi*
cate for Paymer~t as provided in Paragraph 9.7 or b.~cause
the Owner has ~not made payment thereon as provided in
Paragraph 9.7, then the Contractor may, upon sever, addi-
tional days' written notice to the Owner and the Archi*
feet, lerminale lhe Contract and recover from the Ov,.ner
payment for all Work executed and for any proven loss
sustained upon any malerials, equipment, tools, co=strut-
tipn equipment and machinery, including reasonable
profit and damages·
14.2 TERMINATION BY THE OWNER
14.2.1 If Ihe Contractc~r is adjudged a bankrupt, or if he
makes a general assignment Ior the benefit of his credi-
tors, or if a receiver is appointed on account of his
solvency, or if he persistently or repeatedly refuses or
fai~s, except in cases for which exlension of time is pro-
vided, to supply enough properly skilled workmen or
proper materials, or if he fails to make prompt payment
to Subcontractors or for materials or labor, or persistently
disregards laws, ordinances, rules, regulations or orders
of any public authority having jurisdiction, or othenvise
is guilty of a substantial violation of a provision of the
Contract Documents, then the Owner, upon certification
by the Architec! that sufficient cause exists 1o justify such
action, may, without prejudice to any right or remedy and
after giving the Contractor and his surety, if any, seven
days' written notice, terminate the employment of the
Contractor and take possession of the site and of all mate--
rials, equipment, tools, construction equipment and
., m~chinery, thereon owned by the Contractor and may
finish the Work by whatever method he may deem
expedient. In such case the Contractor shall not be en-
titled to receive any further payment until the Work is
finished.
14.2.2 If the unpaid balance of the Contract Sum exceeds
· the costs of finishing the Work, including compensation
Ior the Architect's additional services 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 Ihe Cont~aclor or to the Owner, as the case may
be, shall be certified by the Architect, upon application,
in the mannel provided in Paragraph 9.4, and this obliga-
lion for payment shall survive the termination of the
1(-19
A201o~197& ~9
SECTION L
SUPPLEMENTARY GENERAL CONDIT;ONSl (AIA)
These Supplementary General Conditions supplement the
General Conditions of the Contract for the Construction of
Buildings, A.I.A. Document A-201, August 1976, which are
part of these Specifications. Following references to
"Articles" shall mean articles of such General Conditions.
Where any article of General Conditions is supplemented
hereby, supplemental provisions shall be considered as added
to respective articles. Where parts of any such article are
amended, voided or superseded thereby, remaining provisions
of such article not so specifically amended, voided, or
superseded shall remain in effect.
ARTICLE 1 - CONTRACT DOCUMENTS
Paragraph 1.2
Execution, Correlation and Intent
Subparagraph 1.2.5, add the following:
,t . 1
Contractor shall protect the existing structure.
Restore to existing condition any and all portions
of the existing structure not effected by the work
of the Contract damaged by work of the Contract,
at no cost to Owner."
ARTICLE 4 - CONTRACTOR
Paragraph 4.4
Labor and Materials
Subparagraph 4.4.1, add the following:
" 1
Make no substitution for materials, articles or
process required under contract unless written
approval of Architect and Owner is obtained."
Paragraph 4.5
Warranty
Add the following subparagraphs~
"4.5.2
Contractor shall deliver to Architect, upon
completion of work under Contract and before final
payment is made, his written guarantee made out to
Owner and in form satisfactory to Architect,
Guaranteeing work, materials, etc., provided under
Contract, to be free from defective materials
and/or faulty workmanship and to be watertight and
leakproof in every particular. Contractor agrees
to replace or re-execute, in a manner satisfactory
to Architect, without cost to Owner or Architect,
such work as may be found to be defective and/or
faulty, and pay for damage and/or materials due to
such replacement or re-execution."
L - 1
o
"4.5.3
Contractor's overall guarantee shall cover a
period of one (1) year or longer as per
specifications. This guarantee shall be binding
upon Contractor, his successors and/or assignees.
In addition to his guarantee, Contractor shall
obtain and deliver his subcontractors guarantees
as required by the Detail Specifications."
Paragraph 4.18
Indemnification
Subparagraph 4.18.1
Delete this subparagraph and substitute the following new
subparagraph:
"4.18 . 1
Contractor agrees to idemnify, hold harmless, and
defend Owner and Architect, their agents and
employees from and against any and all liability
for loss, damage or expense which Owner or
Architect, their agents and employees may suffer
or for which Owner or Architect, their agents and
employees may be held liable by reason of injury,
including death, to any person or damage to any
property arising out of or in any manner connected
with operations to be performed under this
Contract, whether or not due in whole or in part
to any act, omission or negligence of Owner or
Architect, their agents and employees, or any of
their representatives or employees."
ARTICLE ? - MISCELLANEOUS PROVISIONS
Paragraph ?.5
Performance Bond and Labor and Material Bond
To be supplemented by addition of the following:
"7.5.2
The Contractor shall furnish from an approved
surety company bonds to be approved by the Owners
Attorney as follows:"
". I
Performance Bond in a sum equal to the amount
of the Contract, guaranteeing the faithful
performance and satisfactory completion of
the work in accordance with the drawings,
specifications and Contract Documents."
Payment bond in an amount equal to 100% of
the contract guaranteeing that the Contractor
pay all bills and obligations of labor and
materials incurred under this Contract,'by
himself or his subcontractors, thus rendering
the Owner harmless from claims and liens
which might be filed aft.er the completion of
work and after the final payment has been
made to the Contractor."
L - 2
Maintenance bond in an amount egual to 1009
of the Contract guaranteeing the maintenance
of the work in a satisfactory condition for a
period of one (1) year from the date of its
completion and acceptance by the Owner. This
guarantee shall apply to workmanship and
materials but not to conditions beyond the
Contractor's control."
Paragraph 7.8 Interest
Delete subparagraph 7.8.1 in its entirety.
ARTICLE 9
PAYMENTS AND COMPLETION
In all cases throughout Article 9, substitute the words
"Owner's authorized representative" for the word "Architect".
ARTICLE 11
INSURANCE
Paragraph 11.1
Contractor's Liability Insurance
Add the following subparagraph:
11.1.1.?
Contractor's Liability Insurance Contractor
shall provide from his insurance company a
letter stating that the Owner will have a l~-
day cancellation notice on all policies; that
the Owner will be "named insured" on all
policies; and that all policies shall be
delivered to the Owner's representative for
approval prior to signing Contract. The
Contractor agrees to indemnify and save
harmless the Owner and Architect of and from
any and all liability for damages for injury;
to all the persons and/or property of another
including employees of the Contractor or
subcontractor and against and from all suits
and actions and all costs and damages to
which the Owner or Architect may be put for
or on account of any injury or alleged injury
to the person or property of another
resulting from the performance of the work,
or from failure to guard the same, whether
such operations be by himself or by any solo
contractor or anyone directly or indirectly
employed by either of them and the amounts of
such insurance shall not be less than One
Million Dollars ($1,00~,000.0~)
L 3
DIVISION 1
SECTION 0100
GENERAL DESCRIPTION OF CONTRACT
The Contractor shall perform work covered in the General
Requirements of the Specifications and Detailed Specifications of
Divisions 5, 7, 8, and 9.
The work shall generally include, but not be limited to:
Removal and replacement or reinstallation of modified
existing building wall and roof components; weather
proofing; hung ceiling systems.
The Contractor is advised that the work items listed above are
divided into two (2) bids as indicated in the Bid Proposal.
DIVISION 5
SECTION 0510
REMOVAL OF ROOF RIDGE AND INSTALLATION OF RIDGE VENTS
Contractor shall remove entire existing roof ridge, and
clean and prepare as reguired roof panels and ridge pieces
for installation of ridge vents and reinstallation of some
ridge pieces.
Contractor shall'install five (5) ridge ventilators as
supplied by Owner to ridge of main building spaced at equal
intervals. Penetration through existing roof panels shall
be made to allow for proper air flow, secure units and made
watertight per original manufacturer';5 specifications
(attached). Removed and cleaned ridge pieces shall be
reinstalled as required to seal roof iper original
manufacturer's specifications (attach,~d).
Owner shall provide mastic and fasteners as required' per
manufacturer's specifications.
DIVISION 5
SECTION 052g
REMOVAL AND REPLACEMENT OF GABLE END WALL PANELS
The Contractor shall remove two (2).gable end wall louvers
and replace with new wall panels, approximately 40 L.F. each
and as supplied by Owner, to be installed as per
manufacturer's specifications.
Remove existing fasteners at overlap panel joints on gable
ends. Apply two beads of "Silpruf Weatherproofing Sealant"
by General Electric between overlapping panels and refasten
tight with manufacturer's approved wall fasteners.
g52g 1
DIVISION 7
SECTION 9719
FLASHING AT ROOF CONNECTIONS (Roof to Roof and Roof
to Eave)
At connection of gable roof and shed roof, Contractor shall
release end of gable roof, provide and install flashing per
manufacturer's specifications, along with comparable closure
strip and mastic as per building manufacturer's
specificiations. (See detail attached.)
DIVISION ?
SECTION g72~
CALKING AT WALL PENETRATIONS
Caulking and sealing as part of work descr, ibed in other
divisions and sections of th~s Pro~ect are to be provided as
per manufacturer's specifications.
Ail existing penetrations of the existing structure and
exterior panels are to be cleaned of existing caulking
material and dirt and grime, and resealed with "Silpruf
Weatherproofing Sealant" by General Electric, or equivalent
as approved by Architect, installed per manufacturer's
specifications.
DIVISION 7
SECTION 0730
INSULATION
Contractor to remove foil facing from existing insulation
provided by Owner, and install ins'Ulation above suspended
ceiling grid.
The work described in this section shall
of the ceiling installation work for the
bidding.
be considered part
purposes of
DIVISION 8
SECTION g810
WINDOW REPAIR
Contractor shall replace window drip lintels with material
as furnished by Owner and made watertight as Der original
manufacturer's specifications.
DIVISION 9
SECTION 091g
NEW SUSPENDED CEILING
Contractor to protect existing light fixtures to remain and
to insure all light fixtures are pro~erly secured from four
corners to structure above before existing grid system is
removed.
Contractor to protect all existing HVAC equ,ipment and to
insure that the system remains properly supported at all
times.
Dismantle existing ceiling grid system and wire hangers
throughout building and remove from site.
Furnish and install new ceiling suspension system throughout
building to meet or exceed ASTM C636 "Recommended Practice
for Installation of Metal Ceiling Suspension Systems for
Acoustical Tile and Lay-in Panels". The new system shall
comprise of the following:
A. Grid system of intermediate commercial grade, U.L. Fire
Rated, and of a quality to meet or exceed Chicago
Metallic Fire Front 250 Snap-Gr~id System.
B. 2'0" X 4'0" grid with main bars 4'0" on center to run
perpendicular to roof purlins.
C. Exposed grid to be factory finished White.
Grid to be hung from purlins by 12 gage galvanized
steel wires attached to main bars every 4'0" O.C. All
wire hangers to be of continuous (unspliced) lengths.
Wire hangers to be attached to purlins by "Caddy
Fastening Clips" by Erico Products~, Inc., Cleveland,
Ohio, or approved equal.
2' X 4' X 3" Sculptured Pattern III lay-in fiberglass
panels by Owens Corning.
Contractor to ensure that grid system is leveled to within
1/8" in 12'0".
Contractor to coordinate with electrician to insure proper
retrofit of existing recessed light fixtures.
Contractor to provide
reinstall and connect
grilles as required.
cut-outs in new ceiling system and to
eMisting HVAC supply and return