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Home My WebLink AboutNew Suffolk Drainage Improvements-Rejected . . RESOLUTION 2007-688 ADOPTED DOC ID: 3116 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-688 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 14,2007: RESOLVED that the Town Board ofthe Town of South old hereby rejects any and all bids received in conjunction with the New Suffolk Drainaee project. PtaaU1a~-,~. Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS) MOVER: Thomas H. Wickham, Scott Russell SECONDER: Louisa P. Evans, Justice A YES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Jr'- ~ <0 0 !, r'- ~ ru .0 rn 0 0 0 0 r'l r'l rn LJ1 0 0 r'- u.s. Postal.iirvice,,, CERTIFIE:9MAIL" RECEIPT (Domestic Mall Only, No Insurance Coverage Provided) "-0 Certified Fee Return Receipt Fee <e',...rnont-l , _IloIlv9<yFeo ( dorsernent Required) Postage & Fees ~I lJ Express Mall lJ Return R_pI for Merohandlso U lJ C.O.D. Ivery? (Extra Fee) lJ Ves 0247 0847 102595-Q2.M-1640 . <0 r'l LJ1 LJ1 U.S. Postal Service '" CERTIFA MAIL" RECEIPT (Domestic Mi!f'!tnIY; No Insurance Coverage Provided) us r'- LJ1 IT" ru Postage $ ',' I:"" , ;- \ Postmark ..:-\ Here ... <D Certified Fee rn CJ Relum Receipt Fee Cl (Endorsement Required) o Restricted Delivery Fee o {Endorsement Required) LJ1 r'l ru Total Postage & Fees $ ~ Th.~.~..~~.~...\olt.\~ntA~-m:\~L.....n.. ~ ~~:~'::'::";1Q JOox...5.].&___nudunun__nn_.....mn citji,uisfO.-zrp+4-.. -om t9~ . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 SouthoId, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 22, 2007 Thomas Foster WHS Materials Inc PO Box 578 Cutchogue, NY 11935 Dear Mr. Foster: At the regular Town Board meeting held on August 14, 2007, the Town Board rejected any and all bids associated with the New Suffolk Drainage Improvement project. A certified copy of the resolution is enclosed. The bid deposit is also being returned to you. Thank you for your bid. Very truly yours, u{L)~'MM- Lynda M Bohn Deputy Town Clerk Ens. . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box II 79 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 22, 2007 Robert Panchak KID Industries 14 Central Drive Riverhead, NY 11901 Dear Mr. Panchak: At the regular Town Board meeting held on August 14,2007, the Town Board rejected any and all bids associated with the New Suffolk Drainage Improvement project. A certified copy of the resolution is enclosed. The bid deposit is also being returned to you. Thank you for your bid. Very truly yours, dtt~~l~ Lynda M Bohn Deputy Town Clerk Ens. . Southold Town Board - Letter . Board Meeting of August 14,2007 RESOLUTION 2007-688 ADOPTED Item # 17 DOCID:3116 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-688 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 14,2007: RESOLVED that the Town Board of the Town of Southold hereby reiects anv and all bids received in coni unction with the New Suffolk Drainal!e proiect. r~U'fa~-.(ttL. Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Scott Russell SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated August 15, 2007 Page 20 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFt'ICER FREEDOM OF INFORMATION OFFICER WHS Materials, Inc PO Box 578 Cutchogue, NY 11935 298-4466 KJB Industries, Inc 14 Center Drive Riverhead, NY 11901 727-5600 .. _,-..fl.>'"/L.272<:cq.., {IF S '"', JP~.'~' ut OU1~(ct;+,c l~~ 'h~ ",,' . .'{ en "",' fl ~ . ~/! ~ ~~->::.~.. ~ :tCOUN~~P! OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD BID OPENING New Suffolk Drainal!:e Improvements Bid Opening 7/19/0710:00 A.M. $ 530,857.16 $ 505,798.00 .. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork. net . . Colonial Surety Company Administrative Office 50 Chestnut Ridge Road Montvale, NJ 07645 fIj BID BOND KNOW ALL PERSONS BY THESE PRESENTS, that we, KJB INDUSTRIES INC., Riverhead, NY as Principal, and the COLONIAL SURETY COMPANY, a corporation under the laws of the Commonwealth of Pennsylvania, as Surety, are held and firmly bound unto TOWN OF SOUTHOLD, SOUTHOLD, NY as Obligee, in the sum of 5% of amt bid not to exceed $30,000.00 for the payment, whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors or successors, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted the accompanying bid for NEW SUFFOLK DRAINAGE IMPROVEMENTS FIRST STREET & JACKSON AVENUE NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void: otherwise to remain in full force and effe, vided, however, that if said contract is not awarded within 60 days of the date of bid open' g, this nd shall be void and of no force and effect, ~~~ /Jt ~J? W/Vj . (Title) COLONIAL SURETY COMPANY .ONI~u~c~n~n~p~n~5~v~.oMPAN_ Administrative Office: 50 Chestnut Ridge Road, Montvale, New Jersey 07645 GENERAL POWER OF ATTORNEY Know all Men by These Presents, That COLONIAL SURETY COMPANY, a corporation duly organized and existing under the laws of the Commonweatth of Pennsylvania and having an administrative office in Mootvsle, Bergen County, NJ does by these presents make, constitute and appoint Anthony J. Cimasko Montvale NJ its true and lawful Attorney(sHnwFact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver. Any and All Bonds and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the cor. porate seal of the Company and duly attested by Rs Sacretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Colonial Surety Company at a meeting held on the 25th day of July. 1950. "Be it Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with fuD power and authority to appoint anyone or more suitable persons as Attorney(s)-in.Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section I. Attorney-in-Fact. Attorney.in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "In Witness Whereof, Colonial Surety Company has caused these presents to be signed by its and its corporate seal to be hereto affixed the 8th day of SeDtember President , A.D., 2006. State of New Jersey } SS.: COLONIAL SURETY COMPANY By c4-A/?~ Wayne Nunziata, President County of Bergen On this 8th day of Seotember , in the year 2006, before me , a notary public, personalty appeared , personally known to me to be the person who , on behalf of the corporation therein named and executed the within instrument as Theresa Simmons Wayne Nunziata President acknowledged to me that the corporation executed it. THERESA SIMMONS A Notary Public of New Jersey My Commission Expires September 2, 2010 c---fJ,,,,., i~ Theresa Simmons / Notary Public I, the undersigned Secretary of Colonial Surety Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power Of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Colonial Surety Company at a meeting duly called and held on the 30th of January 1968, and that said resolution has not been amended or repealed: RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile sig- nature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, at Montvale, New Jersey this Julv . 20 07 19th day of For verification 01 the aulhenhcily 0' this Power 01 Attorney you may call (201) 573-8788 and ask for the Power of Attorney derk. Please refer to the above named individual(s) and details of the bond to which the power is attached. JA Frederick S. Gallo, Secretary Form S~10o-101 (Rev 9106) Web . . . fIj COLONIAL SURETY COMPANY Duncannon, Pennsylvania - Inc 1930- FINANCIAL STATEMENT-DECEMBER 31, 2006 ASSETS LIABILITIES & SURPLUS 'Stocks and Bonds Cash in Office & Banks . Accrued Interest & Dividends. ...5 18,488.151 1.569.592 233.925 586.398 1.253,713 Reserve for Unearned Premiums. . . . . . . . . . . . . . .$4,528,492 Claim Reserves ......................7,032,800 Other Liabilities .........1,191,453 Collateral Held . . . . . . . .. 648,673 Capital Stock. . . . . . . . . . . . . . , . . . . . . . 3,000,000 Surplus . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . 5,730,361 Total Liabilities & Surplus . . .22,131.779 Premiums & Agents Balances Receivable Other Assets . Total Admitted Assets. 22.131.779 'Sonds and stocks are valued on basIS approved by National Association of Insurance Commissioners. STATE OF NEW JERSEY COUNTY OF BERGEN SS.: I, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full. true and correct copy of the Financial Statement of said Company, as of December 31 , 2006. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 15th day of February, 2007. u:z AV;/ Wayne Nunziata President Notary Public Theresa Simmons A Notary Public of New Jersey My Commission Expires September 2. 2010 41 .~ =..,-= ... , '" fI' #8433 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing 0 e 28th day of June. 2007. \ Sworn to before me this 2007 WKML NOI1CE PROJECIl _._ -.. ....... r ........__.. Jadmo. ~ _d mole particularly shown on the Contract Drawinl5: The Town Board of the Town of Southold will receive bids for furnishing all materials and equipment as speci- fied in the bid documents for the supply, construction and installation of drain- age improvements and road reconstruc- tion in accordance with the Drawings & Specifications as prepared by the office of L. K. McLean Associates. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, South- old, New York 11971, until 10:00 AM, on the 19th day of July 2007. Specifica- tions., with drawings attached, may be obtained at the Southold Town Clerk's Office. Southold Town Hall, 53095 Main Road, during regular business hours: 8:00 AM to 4:00 PM, Monday through Friday. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for perfor- mance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest respon- sible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or aU bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT with- draw his bid during this period. Bid security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: May 8, 2007 Principal Clerk elL day 09u---- CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No.Ol-V06105050 Qualified In Suffolk County CommIssIon Expires February 28, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD By: Elizabeth Neville Town Clerk 8433-IT 6/28 . , LEGAL NOTICE , NOTICE TO BIDDERS PROJECT: New Suffolk Drainage Improvements located on First Street & Jackson Avenue and more particularly shown on the Contract Drawings: The Town Board of the Town of South old will receive bids for furnishing all materials and equipment as specified in the bid documents for the supply, construction and installation of drainage improvements and road reconstruction in accordance with the Drawings & Specifications as prepared by the office of L. K. McLean Associates. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, on the 19th Day Julv Month 2007 Year Specifications, with drawings attached, may be obtained at the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, during regular business hours: 8:00 AM to 4:00 PM, Monday through Friday. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: Mav 8. 2007 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON June 28, 2007 AND FORWARD ONE (I ) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Suffolk Times Comptroller Town Attorney Engineer Town Clerk's Bulletin Board Town Board members DPW , , ST ATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the 25th day of June. 2007, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Bid for New Suffolk Drainage Improvements Elizabeth A. Neville Southold Town Clerk Sworn before ~ ;XS day of .2007. ~~liCVV\ ~ LYNDA M. BOHN NOTARY PUBLIC, State 01 New York No. 01 B06020932 Qualilied in Suffolk County Term Expires March 8, 20 LL Town of Southold - Lettel ~"r \ ,\_\. d Mee~~g of May 8, 2007 RESOLUTION 2007-455 ADOPTED Item # 31 DOC ID: 2874 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-455 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 2007: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the New Suffolk Draina2e Improvement proiect, all according to the plans and specifications provided by L. K. McLean Associates, P.C.. ~6/~~,;J.l.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated May 14,2007 Page 45 - ~ , INVITATION TO BID PROJECT: New Suffolk Drainage Improvements located on First Street & Jackson Avenue and more particularly shown on the Contract Drawings herein. The Town Board of the Town of South old will receive bids for furnishing all materials and equipment as specified in the bid documents for the supply, construction and installation of drainage improvements and road reconstruction in accordance with the Drawings & Specifications as prepared by the office of L. K. McLean Associates. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 19th Day Julv Month 2007. Year All specifications are provided herein: drawings to be attached. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: ~/.;kIO 7 BY ORDER OF THE SOUTH OLD TOWN BOARD By: Elizabeth A. Neville South old Town Clerk New Suffolk Drainage Improvements A-1 , , Page 1 of 1 Cooper, Linda From: Sohn, Lynda Sent: Monday, June 25,200712:13 PM To: 'JOAN ANN' Cc: Cooper, Linda Subject: for publication 6/28/07 Importance: High Attachments: Daily Permits. doc; Cell Towers Morat.doc; Pfeifle.doc; Stacker. doc; New Suffolk Drainage.doc please publish in the June 28, 2007 edition, thank you. Please acknowledge receipt Lynda M Bohn Lynda M Sohn Deputy South old Town Clerk Principal Account Clerk 6/25/2007 IF ~ .',.-..-.::-- Invitation to Bid IEW SIFFlll IBAlIIIE IIPIIVEIEITS First Street & Jackson Avenue NEW SUFFOLK, NEW YORK 11956 Date: June 28, 2007 ~'\lffOL.t ~ ill.. i2,,~ flIO . ;e ~ ~ 41 · ~ rtQ.[ .. 1-~f:S SOUTHOLD TOWN ENGINEERING DEPARTMENT SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD . INDEX TO SPECIFICATIONS . < BIDDING REQUIREMENTS Invitation to Bid........................ .............................. ......... Instructions to Bidders... ...... .............. ......................... ...... Statement of Non-Collusion ............................................ Proposal Form................................................................ NY.S. Affirmative Action Certification.................................. AlA Bid Bond ................................................................ GENERAL CONDITIONS Section A - (1 Page) Section B - (2 Pages) Section C - (1 Page) Section D - (7 Pages) Section E - (1 Page) AlA Document # A31 0 AlA Performance Bond......... ... ............... ... ... ................... AlA General Conditions ........................................... Supplementary General Conditions .................................. Prevailing Wage Rates.. ....... ... ... ............... ...................... Note: Wage Rate Information to be provided by Suffolk County Department of labor Payroll Certification forms ........................................... Compliance with the labor Law & Other Dept. of Labor Regulations............................. Non-Discrimination Clause ......... ....... ..... ... ... ................ PROJECT SPECIFICATIONS AlA Document # A311 AlA Document # A291 Section F - (2 Pages) Section G - ( Pages) Section H - (2 Pages) Section I - (8 Pages) Section J - (2 Pages) DIVISION TWO - SITE WORK ......................................... Division 2 (45 Pages) PROJECT DRAWINGS COVER SHEET ........................................................... EXISTING CONDITIONS ............................................... DEMOLITION PLAN ..................................................... PROPOSED PLAN ....................................................... DETAILS .................................................................... SHEET # 1 OF 5 SHEET # 2 OF 5 SHEET # 3 OF 5 SHEET # 4 OF 5 SHEET# 50F5 . . INVITATION TO BID PROJECT: New Suffolk Drainage Improvements located on First Street & Jackson Avenue and more particularly shown on the Contract Drawings herein. The Town Board of the Town of Southold will receive bids for furnishing all materials and equipment as specified in the bid documents for the supply, construction and installation of drainage improvements and road reconstruction in accordance with the Drawings & Specifications as prepared by the office of L. K. McLean Associates. Bids will be received at the office of the South old Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 19th Day Julv Month 2007. Year All specifications are provided herein: drawings to be attached. This invitation to bid is not an offer and shall in no way bind the Town of South old to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance Bonds or other Security deemed acceptable by the Town Attorney's Office and in the amount of 100% of the contract price shall be required of the successful bidder. Please advise if you intend to bid or not. Dated: May 8. 2007 BY ORDER OF THE SOUTH OLD TOWN BOARD By: Elizabeth A. Neville South old Town Clerk New Suffolk Drainage Improvements A-1 . . INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to supply all materials in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, for each item bid, and made payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgment, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. New Suffolk Drainage Improvements B-1 . . E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract as stipulated herein. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. H. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of South old and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than ninety (90) working days. New Suffolk Drainage Improvements B-2 . . 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 of any public department, agency, or official thereof or to a fore district or any agency or official thereoffor work or services performed or to be performed or goods sold or to be sold, shall contain the following statementsubscrlbed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission ofthls bid, each bidder and each person signing on behalf of any bidder certifies, and In the case of ajolnt bid, each party thereto certifies as to Its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices In this bid have been arrived at Independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted In this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or Indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to Induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully Informed himself regarding the accuracy of the statements contained In this certification, and under the statements contained In this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. ~~ ~ !ESOLUTION Resolved that C(/J cJJ,J. of the J{::r ($ +~ ..7#C. (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be New Suffolk Drainage Improvements located on First Street & Jackson Avenue and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the '/!3 day of ~/1 ,20!22 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-<1, as amended & effective on September 1, 1965. ~." ~"".." .. Signature / - New Suffolk Drainage Improvements C -1 . . PROPOSAL FORMS Date: 7 f 1/07 NAME of BIDDER: I{~ -7~D 7AJC 1/1 f? .-</['(?,( V/L- 171 ;.eA-h~" d ~ J . / Telephone: 7J1 ~ SZ;OD TO: SOUTH OLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: April 2007, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the following project: New Suffolk Drainage Improvements - First Street and Jackson Avenue And; all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by L. K. McLean Associates, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below. And; He further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements ofthe Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) Days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: &~~ 7d7,.. S600 7--t f-07 Bidders Address: ;. -~ j} 1J:~- Telephone Number: Date: New Suffolk Drainage Improvements D - 1 . TOWN OF SOUTHOLD . NE~SUFFOLK DRAINAGE IMPROVEMfffrS Itemized Proposal for: Town of Southold LKMA Project No. 07010.000 ITEM DESCRIPTION OF ITEM ESTIMATED UNIT UNIT PRICE EXTENDED BID AMOUNT NO. (Fill in Unit Price Written in Words) QUANTITY BID 1 GJl{eral co~and Mobilizations 1 LS - , )} 1Jr - 41, () cI(f fO~ Vf'<I< I rq,tP /LS fi, oclf - Dollars Cent~' Method of Measurement: The amount bid shall include supervision and management, on-going project-related expenses, insurances, bonding, labor, materials, equipment, and incidentals necessary to mobilize, construction staging, re-mobilization to the construction site, meet all of the general requirements set forth under Division 1, comply with all conditions set forth in the Conditions of Contract and General Conditions of the Contract and demobilize from the construction site upon successful completion of the project. Method of Pavrnent: Payment for this item will be made in three (3) payments; a. Fifty Percent (50%) upon complete mobilization to the site. b. Twenty Five Percent (25%) upon second partial payment request. c. Twenty Five Percent (25%) upon successful completion and acceptance of the project. Intent: This bid item shall facilitate requirements of Division 01000 of the specification and construction operations. 2 Erosion and Sediment Control 1 LS - f~ -tt-L #'D Itctn /torv /LS Dollars Cents Method of Measurement: The amount bid shall include all labor, materials and equipment necessary to provide erosion and sediment control in accordance with the Contract Drawings and the NYS Standards for Erosion and Sediment Control. Including weekly inspection, maintenance, reports, repair and removal. Method of Pavrnent: The Contractor shall receive the lump sum payment for Erosion and Sediment Control performed as specified, shown on the Contract Drawings and as approved by the Engineer. Payment for this item will be made in three (3) payments; a. Fifty Percent (50%) upon first partial payment. b. Fifty Percent (50%) upon final payment. Intent: The Contractor shall install, maintain and remove all sediment and erosion control methods use for construction and as required under the permit conditions as needed and shown on the Construction Drawings. 3 Site Demo~ Yo:! and Removals 1 LS a(!r>D ~C/6zV/ for ~. //"6 /LS Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be lump sum for the Site Demolition, Clearing and Removals measured in place and accepted in accordance with the specifications and drawings. Method of Pavment: The quantity of accepted Site Demolition, Clearing and Removals shall be measured and paid for at the contract unit price per lump sum bid as called for in the proposal form. This price shall constitute full compensation for fumishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including carting/disposal fees, safety fencing, maintenance and protection of traffic, temporary removal of guardbooth, deleterious or unsuitable materials, retaining walls, rock walls, saw cutting, pavements, all items in conflict with proposed construction (as defined by the Contract Drawings), debris removal from site, clean-up, construction layout and sawcutting. Intent: The Contractor shall remove and dispose of all existing items as required for installation of the proposed items as shown on the Construction Drawings while maintaining controlled access to the site with maintenance and protection of traffic and pedestrians during the entire length of construction. CONTINUED ON NEXT PAGE . TOWN OF SOUTH OLD I NEiIfI'SUFFOLK DRAINAGE IMPROVEM TS Itemized Proposal for: Town of Southold LKMA Project No. 07010.000 ITEM DESCRIPTION OF ITEM ESTIMATED UNIT UNIT PRICE EXTENDED BID AMOUNT NO. (Fill in Unit Price Written in Words) QUANTITY BID - 4 Site Preparation, Unclassified Excavation & 2,400 CY Grading fI- /t ckJo. /" for ~(!; ,do - ICY Dolars Cents Method of Measurement: The quantity to be paid for under this item shall be the volume of material cut and filled for the purpose of establishing proper proposed subgrade elevation. The voiume shall be calculated by the topographic comparison between a pre-construction survey and as-built/record survey. Method of Payment: The quantity of accepted Site Preparation, Unclassified Excavation & Grading shall be measured and paid for at the contract unit price per cubic yard bid as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including Licensed Land Surveying, layout. rough grading, site cut-to-fill, clean soils, transportation, spoils removal, compaction and meeting the proposed grades. Intent: The Contractor shall perform all necessary earthwork and grading (cut and fill) of the existing site in order to meet all proposed grades as shown on the drawings. 5 Proposed Leaching Basins with Drainage Field - 106 EA comp,etMt Stone, Covers, Castings j 2 ("V I~ {C>V fort-~ Veil,- ph lEA Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the number of Proposed Leaching Basins with Drainage Field measured in place and accepted in accordance with the specifications and drawings. Method of Payment: The quantity of accepted Proposed Leaching Basins with Drainage Fieid shall be measured and paid for at the contract unit price per each bid as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification_ Including layout, excavation, 6" PVC piping, fittings, stone. filter fabric, precast structures, brick leveling course, covers, castings, backfill and compaction. Intent: The Contractor shall install the proposed interconnected precast leaching basin system with all associated materials as shown on the Construction Drawings. Sa Proposed 8' Diameter Leaching Basin 2' Deep 3 EA d'~d con Traffic B,:ing Cover & Casting / ~D fo rill J Y\ 'uD lEA / Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the number of individual Proposed 8' Diameter Leaching Basin ~easured in place and accepted in accordance with the specifications and drawings. Method of Payment: The quantity of accepted Proposed 8' Diameter Leaching Basin (2' Deep) shall be measured and paid for at the contract unit price per each bid as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including layout, excavation, precast structure, brick leveling course, cover, castings, backfill and compaction. !!!W:!!;. The Contractor shall install the proposed individual precast leaching basin (8' wide x 2' deep) with all associated materials as shown on the Construction Drawings. CONTINUED ON NEXT PAGE . TOWN OF SOUTHOLD . NE~SUFFOLK DRAINAGE IMPRovEME/[rs Itemized Proposal for: Town of Southold LKMA Project No. 07010.000 ITEM DESCRIPTION OF ITEM ESTIMATED UNIT UNIT PRICE EXTENDED BID AMOUNT NO. (Fill in Unit Price Written in Words) QUANTITY BID 6 Proposed 4' DiaMlconcrete Lateral Basin 5 EA ./ - fO~ ;d D lEA /:>>7> fa WO, / I - Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the number of Proposed 4' Diameter Concrete Lateral Basins measured in place and accepted in accordance with the specifications and drawings. Method of Pavrnent: The quantity of accepted Proposed 4' Diameter Concrete Lateral Basins shall be measured and paid for at the contract unit price per each bid as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including layout, excavation, stone, filter fabric, precast structures, brick leveling course, covers, castings, backfill and compaction. Intent: The Contractor shall install the proposed lateral basins with all associated materials as shown on the Construction Drawings. 7 Proposed 8' Diameter Storm Drain 10 EA fOj}~ 1P - ,do lEA 1)7;0 . / /~8Q>. / Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the number of Proposed 8' Diameter Storm Drains measured in place and accepted in accordance with the specifications and drawings. Method of Pavrnent: The quantity of accepted Proposed 8' Diameter Storm Drains shall be measured and paid for at the contract unit price per each bid as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including layout, excavation, stone, filter fabric, precast structures, brick leveling course, covers, castings, backfill and compaction. Intent: The Contractor shall install the proposed storm drains with all associated materials as shown on the Construction Drawings. 8 Concrete cunandard & Mountable 1,300 LF for -t.~. 40 ILF 3[;/ dr;~. --- Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the number of lineal feet of Concrete Curb (standard & mountable) measured in place and accepted in accordance with the speCifications and drawings. Method of Pavrnent: The quantity of accepted concrete curb shall be measured and paid for at the contract unit price per linear foot bid as cJllled for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including earthwork, rough grading and mountable curb restoration. Intent: The Contractor shall install the proposed concrete curb (standard & mountable) to the grade and limits as shown on the Construction Drawings. CONTINUED ON NEXT PAGE . TOWN OF SOUTH OLD I NEV'rSUFFOLK DRAINAGE IMPROVEM TS Itemized Proposal for: Town of Southold ITEM DESCRIPTION OF ITEM NO. (Fill in Unit Price Written in Words) ESTIMATED QUANTITY UNIT UNIT PRICE BID LKMA Project No. 07010.000 EXTENDED BID AMOUNT 9 phalt Pavement - Full Depth 44,000 SF 3~ /~! 1/Jo , for ISF Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the square feet finished surface area for Proposed Asphalt Pavement- Full Depth measured in place and accepted in accordance with the specifications and drawings. Method of Payment: The quantity of accepted Proposed Asphalt Pavement- Full Depth shall be measured and paid for at the contract unit price per square foot bid as called for in the proposal form. This price shall constitute full compensation for furnishing all labor. materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including layout. RCA installation, proof rolling of RCA, sawculling of existing limit of asphalt, Type 3 asphalt binder installation, Type 6 asphalt top installation, sweeping, AC all joints, milling at transitions, staging between operations, and construction sequencing. Intent: The Contractor shall install the proposed full depth asphalt paving including RCA base, sawculling (if not required under Item #3), asphalt binder coarse and asphalt top coarse as needed and shown on the Construction Drawings. 10 1 Ls for Afl() ILS ~ s;~./ Dollars Cents Method of Measurement: The lump sum to be paid for under this item shall be for the full removal, temporary storage and full replacement/reinstallation of the existing guiderail system in accordance with the specifications and drawings. Method of Payment: The quantity of accepted Proposed Guiderail Restoration shall be measured and paid for at the lump sum price as called for in the proposal form. This lump sum price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Intent: The Contractor shall remove the existing guierail system to allow for the construction of the leaching field as shown on the Construction Drawings. 11 Pro:-1?~~ s.n .. ~~_. :::'" '" " 3Q c' 4/{/ 7( lJ / Method of Measurement: The quantity to be paid for under this item shall be for each linear foot of the Proposed 8" Diameter Schedule 80 PVC Lateral Pipe furnished and installed in accordance with the specifications and drawings. Method of Payment: The quantity of accepted Proposed 8" Diameter Schedule 80 PVC Lateral Pipe shall be measured and paid for at the contract unit price per each linear foot as called for in the proposal form. This unit price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including excavation, parging, connections to structures and controlled compacted lifts during backfill. Intent: The Contractor shall install the Proposed 8" Diameter Schedule 80 PVC Lateral Pipe as shown on the Construction Drawings. CONTINUED ON NEXT PAGE . TOWN OF SOUTH OLD . NEV'fSUFFOLK DRAINAGE IMPRovEMEffrs Itemized Proposal for: Town of South old LKMA Project No. 07010.000 ITEM DESCRIPTION OF ITEM ESTIMATED UNIT UNIT PRICE EXTENDED BID AMOUNT NO. (Fill in Unit Price Written in Words) QUANTITY BID 12 ~each Grass 1,500 SF 4 f7J8, / 3- for ;-do SF . Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the area of beach grass measured in place and accepted in accordance with the specifications and drawings. Method of Payment: The quantity of beach grass area shall be measured and paid for at the contract unit price per each square foot as called for in the proposal form. This price shall constitute full compensation for furnishing all labor. materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including finegrading, surface preparation, beach grass plugs as shown on the drawings. !!!!!!!t The Contractor shall install the proposed beach grass within the specificed area as shown on the Construction Drawings. 13 Pavement Markings. YellowlWhite/Blue Paint 4,000 LF for 1J~f? d<:> ILF I- ~WD Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the number of lineal feet of Pavement Markings - Yellow/White/Blue Paint (including handicap parking symbols) measured in place and accepted in accordance with the specifications and drawings. Pavement striping will be measured in linear feet along the centenine of the pavement stripe, and will be based on a 4 inch wide stripe. Measurement for striping with a plan width greater or less than the basic 4 inches, as shown on the plans or as directed by the Engineer, will be made by the following method. Plan Width of Strioina (inches) x Linear Feet 4" Method of Payment: The quantity of accepted pavement markings (including handicap parking symbols) shall be measured and paid for at the contract unit price per linear foot bid as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specificati the price bid. No payment will be made for the number of linear feet of skips in the dashed line. Intent: The Contractor shall install all the proposed pavement markings as shown on the Construction Drawings. 14 Topsoil & Seed 15,000 SF / t9/1e dD 13/ I~OiY{). for ISF Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be for each square foot of area where topSOil and seed is proposed in accordance with the specifications and drawings. Method of Payment: The quantity of accepted Topsoil & Seed area shall be measured and paid for at the contract unit price per square foot as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including furnishing topsoil, specified seed mix (applied at the specified amount) and fertilizer. Intent: The Contractor shall install the proposed topsoil layer and seed in the speficied area as shown on the Construction Drawings. CONTINUED ON NEXT PAGE . TOWN OF SOUTHOLD . NEVV'SUFFOLK DRAINAGE IMPROVEMENTS Itemized Proposal for: Town of Southold LKMA Project No. 07010.000 ITEM DESCRIPTION OF ITEM ESTIMATED UNIT UNIT PRICE EXTENDED BID AMOUNT NO. (Fill in Unit Price Written in Words) QUANTITY BID 15 lroPoj d.~ndicap Signs 2 EA {/m~ 2ZJU fo>- t.r..~ U D EA , Dollars Cents . Method of Measurement: The quantity to be paid for under this item shall be the number of Proposed Handicap Signs measured in place and accepted in accordance with the specifications and drawings. Method of Payment: The quantity of accepted handicap sign shall be measured and paid for at the contract unit price per each bid as called for in the proposal fonm. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including post, sign and footing. Intent: The Contractor shall install the proposed handicap signs at the handicap stalls shown on the Construction Drawings. f CONTINUED ON NEXT PAGE MI.d;; .do Cents ~15r Dollars WRITTEN IN WORDS Total all Pay Items NOTE: The Town of Southold reserves the right to increase, decrease, or eliminate in its entirety any or all items prior to or after award of the bid. . . 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: x"S7S BIDDER'S CERTIFICATION ;,7;JD ~~C (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract tArS6lytJ ole.. ~ . 7;tW1 J4~ ., . ;and, 2. A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: o ft',{vff# S . ; and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ?46tMtW ; and, 3. It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor ce ification require y these Bid Conditions. ~ K'J f> j: AJ bVSif (('5 (Signature of Authorized Representative of Bidder) New Suffolk Drainage Improvements E - 1 . . THE AMERICAN INSTITUTE OF ARCHITECTS . AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here in5ert full nil me and addressor legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project> NOW, THEREFORE, if the Obligee shall accept the bid of the Pfincipal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the ~vt;:nt of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Wilness) { (Principal) (Seal) (Tille) (Witness) { (Surety) (Seal) (Tille) A.A DOCUMENT A310 . BID BONO. AlA ~ . FEBRUARY 1970 ED . THE AMERICAN INSTITUTE OF ARCHITECTS. 173S N.Y. AVE., N.W.. WASHINGTON, O. C. 20006 1 WARNING: Unlicensed photocopying vtolates U.S. copyright laws and Is subject to legal proaecutlon. . . THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A311 Performance Bond KNOW All MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) as Principal, hereinaftp.r called Contractor, and, (Here insert full n"me and address or legal tille of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and addre-u or lellal tille of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated (Here insert lull name, address and dl"scriplion of project) 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here insert full name and address or leg,I1 tille of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. A'A OOCUMEN~ AJll . P[RFOR,""'ANCE BOND AND lABOR AND MATERIAL PAYMENT BOND. AlA @ HBRUARY 1970 ED.' THE AMFRICAN-INSTlTUTE OF ARCHITECTS. 1:'1'1 ~.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 WARNING: Unlicensed photocopying viol.... U.S. copyrlghllows and 10 aubJecI to legal PR>aacutlon. . . PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Conlractor shall promptly and faithfully perform said Contract, then this obligalion 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 default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complele the Contracl in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contracl in accordance with Its terms and conditions, and upon de. termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this day of defaults under the contract or contracts of completion arranged under this paragraphl sufficienl funds to pay Ihe 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 Contraclor. Any suit under this bond must be instituted before the expiralion 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, adminis. trators or successors of the Owner. 19 I IPrin(i/l.lll ISedl) (Wiln('s~) /TillC'J I (Suf('I~'J (5(',\11 (Wjln('s~) tTit/d AlA DOCUMENT A311 . PERHlRMANCE BOND AND LABOR AND MATERtAL PAYMENT BOND . A'A lit HRRUARY mo Ell.' THE AMERtCAN tNSTlTUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHtNGTON, D. C. 20006 2 WARNING: Untlcen8ed phoIoc:opy'ng violate. U,S. copyright tawo llfId t. IUbjecl to IogoI prooecutIon. ~ THE AMERICA. INS TIT UTE .F ARCHITECTS I AlA Document A20 I General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13. MISCELLANEOUS PROVISIONS 7. CHANGES IN THE WORK 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925. 1937, 1951. 1958.1961.1963. 1966, 1967, 1970, 1976,@1987byTheAmericanlnstituteofArchiteclS,1735 New Y ark Avenue, N. W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecutions. m:t CAUTION: You should use an original AlA document which has this caution printed In red. IMMI An original assures that changes will not be obscured as may occur when documents are reproduced. AlA OOCUMENTA201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe. @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201.1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . Acceptonco 01 Nonconlormlng Work. . '9.6.6,9.9.3,12.3 Acceptance of Work 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 ACC8SSto Wortc 3.16,6.2.1,12.1 Accident Prevention. . 4.2.3,10 Acts and Omissions 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, 4.3.9,8.3.1,10.1.4,10.2.5,13.4.2,13.7,14.1 Addenda.. 1.1.1,3.11 Additional Cost, Claims for. . . . 4.3.6,4.3.7,4.3.9,6.1.1,10.3 Additional Inspections and Testing. . . . 4.2.6,9.8.2,12.2.1,13.5 Additional Time, Claims' for. 4.3.6,4.3.8,4.3.9,8.3.2 ADMINISTRATION OF THE CONTRACT 3.3.3,4,9.4,9.5 Advertisement or Invitation to Bid. . 1.1.1 Aesthetic Effect. 4.2.13,4.5.1 Allowoneos 3.8 All-risk Insurance. . ........ 11.3.1.1 AppllcotlonolorPayment 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, 9.8.3,9.10.1,9.10.3,9.10.4,11.1.3,14.2.4 2.4,3.3.3,3.5,3.10.2,3.12.4 thwugh 3.12.8, 3.18.3, 4.2.7,9.3.2,11.3.1.4, 13.4.2, 13.5 4.1.4,4.3.2,4.3.4,4.4.4,4.5, 8.3.1,10.1.2,11.3.9,11.3.10 Architect. .. .. .. .. 4.1 Architect, Definition of. 4.1.1 Architect, Extent of Authority. . 2.4,3.12.6,4.2,4.3.2,4.3.6, 4.4,5.2,6.3,7.1.2,7.2.1,7.3.6,7.4,9.2,9.3.1, 9.4,9.5,9.6.3,9.8.2,9.8.3,9.10.1,9.10.3,12.1,12.2.1, 13.5.1,13.5.2,14.2.2,14.2.4 Architect, Limitations of Authority and Responsibility. 3.3.3, 3.12.8, 3.12.11,4.1.2,4.2.1,4.2.2,4.2.3,4.2.6,4.2.7, 4.2.10, 4.2.12, 4.2.13,4.3.2,5.2.1,7.4,9.4.2,9.6.4,9.6.6 Architect's Additional Services and Expenses. 2.4,9.8.2, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4 ArchlteC1'o Admlnlstrotlon olthe Conlroct . 4.2,4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 Architect's Authority to Reject Work. 3.5.1,4.2.6,12.1.2,12.2.1 Architect's Copyright 1.3 Architect's Decisions. . . 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1, 9.2,9.4,9.5.1,9.8.2,9.9.1,10.1.2,13.5.2,14.2.2,14.2.4 Architect's Inspections. 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, 9.9.2,9.10.1,13.5 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1, 12.1, 13.5.2 4.2.11,4.2.12,4.3.7 4.2.2,4.2.5,4.3.6,9.4.2, 9.5.1,9.10.1,13.5 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor. 1.1.2,3.2.1,3.2.2, 33.3,3.5.1,3.7.3,3.11,3.12.8,312.11,3.16,318, 4.2.3, 4.2.4, 4.2.6,4.2.12,5.2,6.2.2,73.4,9.8.2,11.3.7,12.1,13.5 Architect's Relationship with Subcontractors. . 1.1.2,4.2.3,4.2.4, 4.2.6,9.6.3, 9.6.4, 11.3.7 9.4.2,9.5.1,9.101 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, 9.8.2,9.9.2,9.10.1,13.5 101 3.18.1,9.10.2,10.1.4 6.1.1 Approvals Arbltrotlon . Architect's Instructions. Architect's Interpretations. Architect's On.Site Observations Architect's Representations. Architect's Site Visits. Asbestos Attorneys' Fees Award of Separate Contracts. . . Award of Subcontracts and Other Contracts for Porllono 01 the Work . Boslc Dellnltlono . Bidding Requirements. . . Boller and Machinery Insuronce . Bonds, Lien Bonds, Performance and Payment . 5,2 1.1 1.1.1,1.1.7,5.2.1,11.4.1 11.3.2 9.10.2 7.3.6.4,9.10.3,11.3.9,11.4 . INDEX Building Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7.1 Copllollzotlon. . . . . . . . . . . 1,4 Certificate of Substantial Completion. 9.8.2 CerllllcoteslorPoyment. 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1, 9.6.6,9.7.1,9.8.3,9.10.1,9.10.3, 13.7, 14.1.1.3, 14.2.4 CertificatesofInspection, Testing or Approval ... 3.12.11,13.5.4 CertificatesofInsurance 9.3.2,9.10.2,11.1.3 Chonge Ordoro. 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3.3,5.2.3, 7.1,7.2,7.3.2,8.3.1,9.3.1.1,9.10.3,11.3.1.2, 11.3.4,11.3.9,12.1.2 7.2.1 .......... 7.1 3.11,4.2.8,7,8.3.1,9.3.1.1,10.1.3 4.3.1 4.3,4.4,4.5,6.2.5,8.3.2, 9.3.1.2,9.3.3,9.10.4, 10.1.4 Clolms ond Timely Aooertlon 01 Clolmo 4.5.6 CloImslorAddltlonal Coot. 4.3.6,4.3.7,4.3.9,6.1.1, 10.3 Clolmolor Addltlonol Time. . . 4.3.6,4.3.8,4.3.9,8.3.2 Claims for Concealed or Unknown Conditions. . . . . . . . . 4.3.6 Claims for Damages. . .3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2. 10.1.4 Claims Subject to Arbitration. 4.3.2,4.4.4,4.5.1 CleonlngUp.. .................. 3.15,6.3 Commencement of Statutory Limitation Period .......... 13.7 Commencement of the Work, Conditions Relating to . 2.1.2, 2.2.1,3.2.1,3.2.2,3.7.1,3.10.1,3.12.6,4.3.7,5.2.1, 6.2.2,8.1.2,8.2.2,9.2,11.1.3.11.3.6,11.4.1 Commencement of the Work, Definition of . ... 8.1.2 Communications Facilitating Contract Administration 3.9.1,4.2.4,5.2.1 Completion, Conditions Relating to . 3.11,3.15,4.2.2,4.2.9, 4.3.2,9.4.2,9.8,9.9.1,9.10, 11.3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND. ............... 9 Completion, Substantial. 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, 9.8,9.9.1,12.2.2, 13.7 Compliance with Laws. 1.3,3.6,3.7,3.13,4.1.1,10.2.2,11.1, 11.3,13.1,13.5.1,13.5.2,13.6,14.1.1,14.2.1.3 Concealed or Unknown Conditions. 4.3.6 Conditions ofthe Contract . . 1.1.1, 1.1.7, 6.1.1 Consent,Written.. 1.3.1,3.12.8,3.14.2,4.1.2, 4.3.4,4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2, 10.1.3, 11.3.1,11.3.1.4,11.3.11,13.2,13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS. 1.1.4,6 Construction Change Directive, Definition of . 7.3.1 Construction Change Directives. . . 1.1.1,4.2.8,7.1,7.3,9.3.1.1 Construction Schedules, Contractor's. 3.10,6.1.3 Contingent Assignment of Subcontracts 5.4 Continuing Contract Performance 4.3.4 Contract, Definition of . 1 .1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 4.3.7,5.4.1.1,14 Contract Administration. 3.3.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to . 3.7.1, 3.10,5.2,9.2, 11.1.3, 11.3.6, 11.4.1 Contract Documents, The 1.1,1.2,7 Contract Documents, Copies Furnished and Use of. 1.3,2.2.5,5.3 Contract Documents, Definition of 1.1.1 Contract Performance During Arbitration. 4.3.4,4.5.3 Controct Sum. . . . . . . . . . . . . 3.8,4.3.6,4.3.7,4.4.4.5.2.3, 6.1.3,7.2,7.3,9.1,9.7,11.3.1,12.2.4,12.3,14.2.4 Contract Sum, Definition of. 9.1 Contract Time 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3, 8.2.1,8.3.1,9.7,12.1.1 8.1.1 Change Orders, Definition of . Chongos . . . . CHANGES IN THE WORK Claim, Definition of . Claims and Dlopuleo . . . 2 A201-1987 Contract Time, Definition of. . AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subtect to legal prosecuUon. . CONTRACTOR. . . . 3 Contractor, Definition af ........ 3.1,6.1.2 Contractor's Bid. , , . . . . . . . . . . . , . 1.1.1 Contractor'a Construction Schedulao . 3. t 0, 6.1.3 Contractor's Employees. .. .. .. 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3, 4.2.6,8.1.2,10.2,10.3,11.1.1,14.2.1.1 Conlr8ctor'o Liability Insursnce . .......... tl.l Contractor's Relationship with Separate Contrac[Qrs and Owner's Forces. . . 2.2.6,3.12.5,3.14.2,4.2:4,6,12.2.5 Contractor's Relationship with Subcontractors. . . 1.2.4,3,3.2, 3.18.1,3.18.2,5.2,5.3,5.4,9.6.2,11.3.7,11.3.8,14.2.1.2 Contractor's Relationship with the Architect ... 1.1.2,3.2.1,3.2.2, 3.3.3,3.5.1,3.7.3,3.11,3.12.83.16,3.18,4.2.3, 4.2.4, 4.2.6, 4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7,12.1,13.5 Contractor's Representations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Contractor's Responsibilhy fOf Those Performing the Work .. 3.3.2,3.18,4.2.3,10 Contractor's Review of Contract Documents. 1.2.2,3.2,3.7.3 Commetoe's Right to Stop the Work. .. 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2, 9.10.3, 10.1.2, 11.4.2, 11.4.3 Contractor'sSuperintendent. 3.9,10.2.6 Contractor's Supervision and Construction Procedures. 1.2.4, 3.3,3.4,4.2.3,8.2.2,8.2.3, 10 COntractual liability Insurance. 11.1.1.7, 11.2.1 Coordination and Correlation 1.2.2, 1.2.4,3.3.1, 3.10,3.12.7,6.1.3,6.2.1 Copies Furnished of Drawings and Specifications. 1.3,2.2.5,3.11 Correction of Work . 2.3,2.4,4.2.1,9.8.2, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Cost, Definition of 7.3.6,14.3.5 Costs. . .. 2.4,3.2.1,3.7.4,3.8.2,3.15.2,4.3.6,4.3.7, 4.3.8.1, 5.2.3, 6.1.1,6.2.3,6.3, 7.3.3.3,7.3.6,7.3.7,9.7,9.8.2,9.10.2, 11.3.1.2, 11.3.1.3,11.3.4,11.3.9,12.1,12.2.1,12.2.4,12.2.5,13.5,14 Culling and Patching. .......................... 3.14,6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4,9.5.1.5,10.2.1.2,10.2.5,10.3,11.1,11.3,12.2.5 Damage w the Work . 3.14.2,9.9.1,10.2.1.2,10.2.5,10.3,11.3 Damages, Claims for. 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4 Damages for Delay. 6.1.1,8.3.3,9.5.1.6,9.7 Date of Commencement of the Work, Definition of . 8.1.2 Date of Substantial Completion, Definition of. 8.1.3 Day, Definition of. 8.1.4 Decisions of the Architect. 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3, 8.3.1, 9.2, 9.4,9.5.1,9.8.2,9.9.1,10.1.2, 13.5.2, 14.2.2, 14.2.4 O8Ololonolo Withhold Certification 9.5,9.7,14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of . 2.3,2.4,3.5.1,4.2.1, 4.2.6,4.3.5,9.5.2,9.8.2,9.9.1,10.2.5,12,13.7.1.3 Defective Work, Definition of .. 3.5.1 Definitions. 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1 Oaloysand Extenalona alTlme . 4.3.1,4.3.8.1,4.3.8.2, 6.1.1,6.2.3,7.2.1,7.3.1,7.3.4,7.3.5,7.3.8, 7.3.9,8.1.1,8.3,10.3.1,14.1.1.4 DIsputes 4.1.4, 4.3, 4.4, 4.5,6.2.5,6.3,7.3.8,9.3.1.2 Documents and Samples at the Site . 3.11 Drawlngs,Definitionof. 1.1.5 Drawings and Specifications, Use and Ownership of. 1.1.1,.1.3, 2.2.5,3.11,5.3 Duty to Review Contract Documents and Field Conditions. 3.2 Effective Date of Insurance. 8.2.2, 11.1.2 . Emerganclea . . . . . . . . . . 4.3.7,10.3 Employees, Contractor's. 3.3.2,3.4.2,3.8.1,3.9,3.18.1, 3.18.2,4.2.3,4.2.6,8.1.2,10.2,10.3,11.1.1,14.2.1.1 Equipment, Labor, Materials and. 1.1.3, 1.1.6,3.4,3.5.1, 3.8.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7, 6.2.1,7.3.6,9.3.2,9.3.3,11.3,12.2.4,14 Execution and Progress ofthe Work. 1.1.3,1.2.3,3.2,3.4.1, 3.5.1,4.2.2,4.2.3,4.3.4,4.3.8,6.2.2,7.1.3, 7.3.9,8.2,8.3,9.5,9.9.1,10.2,14.2,14.3 Execution, Correlation and Intent of the Contract Documents ... 1.2,3.7.1 Extensions of Time .. 4.3.1,4.3.8,7.2.1.3,8.3,10.3.1 Failure of Payment by Contractor . 9.5.1.3,14.2.1.2 Failure of Payment by Owner 4.3.7,9.7,14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Complatlon ond Final Paymant 4.2.1,4.2.9,4.3.2, 4.3.5,9.10,11.1.2,11.1.3,11.3.5,12.3.1,13.7 Financial Arrangements, Owner's. 2.2.1 Fire and Extended Coverage Insurance . l-l .3 GENERAL PROVISIONS. 1 Governing Law 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials . 10.1,10.2.4 Identification of Contract Documents 1.2.1 Identification of Subcontractors and Suppliers. 5.2.1 Indamnlflcatlon. 3.17,3.18,9.10.2,10.1.4,11.3.1.2,11.3.7 Infannatlon and Services Required of the Owner. . 2.1.2, 2.2, 4.3.4,6.1.3,6.1.4,6.2.6,9.3.2,9.6.1,9.6.4,9.8.3,9.9.2, 9.10.3,10.1.4,11.2,11.3,135.1,13.5.2 Injury or Damage to Person or Property . 4.3.9 Inspections. 3.3.3, 3.3.4, 3.7.1,4.2.2, 4.2.6,4.2.9,4.3.6,9.4.2,9.8.2,9.9.2,9.10.1,13.5 Instructions to Bidders ......................... 1.1.1 Instructions to the Contractor. . 3.8.1,4.2.8,5.2.1,7,12.1, 13.5.2 Insurance. . . .... 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2,11 Insurance, Boller and Machinery 11.3.2 Insurance, Contractor'. Liability . 11.1 Insurance, Effective Date of . 8.2.2, 11.1.2 Insurance, Loss of Use. . 11.3.3 Insurance, Owner's Liability. 11.2 Insurance, Property. .. 10.2.5,11.3 Insurance, Stored Materials 9.3.2, 11.3.1.4 INSURANCE AND BONDS . 11 Insurance Companies, Consent to Partial Occupancy. .9.9.1,11.3.11 Insurance Companies, Settlement with. 11.3.10 Intent of the Contract Documents . 1.2.3,3.12.4, 4.2.6,4.2.7,4.2.12,4.2.13,7.4 Interest. 13.6 Interpretation. . 1.2.5, 1.4,1.5,4.1.1,4.3.1,5.1,6.1.2,8.1.4 Interpretations, Written 4.2.11,4.2.12,4.3.7 Joinder and Consolidation of Claims Required. 4.5.6 Judgmenlon Final Award . 4.5.1,4.5.4.1,4.5.7 Labor and Materials, Equipment. 1.1.3, 1.1.6,3.4,3.5.1,3.8.2, 3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1, 4.2.7,6.2.1,7.3.6,9.3.2,9.3.3,12.2.4,14 Labor Disputes. 8.3.1 Laws and Regulations 1.3,3.6,3.7,3.13,4.1.1,4.5.5,4.5.7, 9.9.1,10.2.2, Il.l, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6 Liens. 2.1.2,4.3.2,4.3.5.1,8.2.2,9.3.3,9.10.2 Limitation on Consolidation or Joinder 4.5.5 Limitations, Statutes of 4.5.4.2,12.2.6,13.7 UmitationsofAuthority. ...3.3.1,4.1.2,4,2.1, 4.2.3,4.2.7,4.2.10,5.2.2,5.2.4,7.4,11.3.10 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violate. U.S. copyright laws and Is subject to legal prosecution. A201-1987 3 . Limitations of liability. 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.11, 3.17,3.18,4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.10.4, 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2 Limitations of Time, General 2.2.1,2.2.4,3.2.1,3.7.3, 3.8.2,3.10,3.12.5,3.15.1,4.2.1,4.2.7,4.2.11,4.3.2, 4.3.3,4.3.4,4.3.6,4.3.9,4.5.4.2,5.2.1,5.2.3,6.2.4,7.3.4,7.4, 8.2,9.5,9.6.2,9.8,9.9,9.10,11.1.3,11.3.1,11.3.2,11.3.5, 11.3.6,12.2.1, 12.2.2, 13.5, 13.7 Limitations of Time, Specific. 2.1.2,2.2.1,2.4,3.10,3.11, 3.15.1,4.2.1,4.2.11,4.3,4.4,4.5,5.3,5.4,7.3.5,7.3.9,8.2, 9.2,9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10,11.3.11,12.2.2,12.2.4,12.2.6,13.7,14 Loss of Use Insurance . 11.3.3 Material Suppliers. , 1.3.1,3.1-2.1,4.2.4,4.2.6,5.2.1, 9.3.1,9.3.1.2,9.3.3,9.4.2,9.6.5,9.10.4 Materials, Hazardous 10.1,10.2.4 Materials, Labor, Equipment and. 1.1.3,1.1.6,3.4,3.5.1,3.8.2, 3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,6.2.1, 7.3.6,9.3.2,9.3.3, 12.2.4, 14 Means, Methods, Techniques, Sequences and Procedures of Construction . 3.3.1,4.2.3,4.2.7,9.4.2 Minor Changes In the Work . . . . 1.1.1,4.2.8,4.3.7,7.1,7.4 MISCELLANEOUS PROVISIONS. 13 Modifications, Definition of . . 1.1.1 Modifications to theContrac( 1.1.1,1.1.2,3.7.3,3.11, 4.1.2,4.2.1,5.2.3,7,8.3.1,9.7 Mutual Rasponalblllly . . 6.2 Nonconforming Work, Acceptance of . 12.3 Nonconforming Work, Rejection and Correction of . . 2.3.1, 4.3.5,9.5.2, 9.8.2, 12, 13.7.1.3 Notice. .. . . 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8, 3.12.9,3.17,4.3,4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1, 95.1,9.6.1,9.7,9.10,10.1.2,10.2.6,11.1.3,11.3,12.2.2, 12.2.4,13.3,13.5.1,13.5.2,14 Notlca, Written 2.3,2.4,3.9,3.12.8,3.12.9,4.3, 4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4,13.3,13.5.2.14 Notice of Testing and Inspections. 13.5.1,13.5.2 Notice to Proceed. 8.2.2 Notlcas, Parmlts, Fees and 2.2.3,3.7,3.13,7.3.6.4,10.2.2 Observations, Architect's On-Site 4.2.2,4.2.5, 4.3.6,9.4.2,9.5.1,9.10.1, 135 1.2.2,3.2.2 9.6.6,9.8.1,9.9,11.3.11 4.2.2,4.2.9,4.3.6, 9.4.2,9.8.2, 9.9.2, 9.10.1 4.2.2,4.2.5.4.3.6, 9.4.2,9.5.1,9.10.1,135 2.3,3.9,4.3.7,7,82.2,11.3.9,12.1, 12.2,13.5.2,14.3.1 OWNER. . 2 Owner, Deftnitlon of 2.1 Owner,lnformatlon and Services Required of the. 2.1.2, 2.2,4.3.4,6,9,10.1.4,11.2,11.3,13.5.1,14.1.1.5,14.1.3 Owner's Authority 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1, 7.3.1,8.2.2,9.3.1,9.3.2,11.4.1,12.2.4,13.5.2,14.2,14.31 Owner's Financial Capability . 2.2.1,14.1.1.5 Ownar's Liability Insurance . . .. 11.2 Owner's Loss of Use Insurance. 11.3.3 Owner's Relationship with Subcontractors. 1.1.2, 5.2.1,5.4.1,9.6.4 2.4,12.2.4,14.2.2.2 6.3 Observations, Contractor's. Occupancy. On~Site Inspections by the Architect On~Site Observations by the Architect. . . Orders, Written Owner's Right to Carry Out the Work. Ownar's Right \0 Clean Up . . Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner'aRlghttoStopthaWork. 2.3,4.3.7 Owner's Right to Suspend the Work-. . .. t 4.3 Owner's Right to Terminate the Contract . . . . 14.2 Ownership and Use of Architect's Drawings, Specifications andOtharDocuments. 1.1.1,1.3,2.2.5,5.3 Partial Occupancy or Use 9.6.6,9.9,11.3.11 Patching, CUtting and. . . . . . . . . .. 3.14,6.2.6 Patents, Royalties and . . . . . .. 3.17 Payment,Appllcatlonafor. 4.2.5,9.2,9.3,9.4, 9.5.1,9.8.3,9.10.1,9.10.3,9.10.4,14.2.4 Payment, Cart1flcatea for. 4.2.5,4.2.9,9.3.3,9.4,9.5, 9.6.1,9.6.6,9.7.1,9.8.3,9.10.1,9.10.3,13.7, 14.1.1.3, 14.2.4 Payment, Fallura of. 4.3.7,9.5.1.3, 9.7,9.10.2,14.1.1.3, 14.2.1.2 4.2.1, 4.2.9, 4.3.2, 4.3.5, 9.10, 11.1.2, 11.1.3,11.3.5,12.3.1 . .. .. . . .. . .. 7.3.6.4, 9.10.3, 11.3.9,11,4 4.3.4,9.3, M, 9.8.3,9.10.3,13.6,14.2.3 . . . .. . . ..... 9,14 5.4.2,9.5.1.3, 9.6.2,9.6.3,9.6.4, 11.3.8, 14.2.1.2 10.1 7.3.6.4, 9.10.3, 11.3.9, 11.4 Permits, Fees and Notlcas . 2.2.3,3.7,3.13,7.3.6.4,10.2.2 PERSONS AND PROPERTY, PROTECTION OF . 10 Polychlorinated Biphenyl. . 10.1 Product Data, Definition of. . . . . . . . . . .. 3.12.2 Product Data and Samples, Shop Drawings. 3.11,3.12,4.2.7 Progress and Complation 4.2.2,4.3.4,8.2 Progress Payments 4.3.4,9.3, 9.6,9.8.3,9.10.3, 13.6, 14.2.3 Project, Definition of the. 1.1.4 ProJect Manual, Definition of the . ............ 1.1.7 Project Manuals . . . . .. 2.2.5 Project Representatives 4.2.10 Propartylnauranca 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY . . . . . . . . . 10 RegulationsandLaws. 1.3,3.6,3.7,3.13,4.1.1,4.5.5, 4.5.7,10.2.2,11.1,11.3,13.1,13.4,13.5.1,13.5.2,13.6,14 Rejection of Work 3.5.1,4.2.6,12.2 Releases of Waivers and Liens. 9.10.2 Representations. 1.2.2,3.5.1,3.12.7, 6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2,9.10.1 2.1.1,3.1.1,3.9, 4.1.1,4.2.1,4.2.10,5.1.1,5.1.2,13.2.1 Resolution of Claims and Disputes. 4.4,4.5 Responsibility for Those Performing the Work. 3.3.2, 4.2.3, 6.1.3, 6.2, 10 Retainage . 9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3 Review of Contract Documents and Field Condltlona by Contractor. Review of Contractor's Submittals by Owner and Architect Payment, Final. . Payment Bond, Performance Bond and Payments, Progress PAYMENTS AND COMPLETION Payments to Subcontractors . PCB. . Performance Bond and Payment Bond. Representatives. 1.2.2,3.2,3.7.3,3.12.7 3.10.1,3.10.2,3.11,3.12, 4.2.7, 4.2.9, 5.2.1, 5.2.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor. 3. t 2.5 RlghtsandRemaclles. 1.1.2,2.3,2.4,3.5.1,3.15.2, 4.2.6,4.3.6,4.5,5.3,6.1,6.3,7.3.1,8.3.1,9.5.1, 9.7,10.2.5, 10.3,12.2.2,12.2.4,13.4,14 3.17 Royaltlaa and Patents . 4 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION AlAI!! . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal proaecutlon. . 4.5.2 10.2 4.2.3.4.2.7,10.1 3.12.3 3.11,3.12,4.2.7 3.11 9.2,9.3.1 3.10 1.1.4,3.14.2,4.2.4, 4.5.5,6,11.3.7,12.1.2, 12.2.5 ShopDrawings,Deflnitionof. ........... 3.12.1 Shop Drawings, Product Data and Samples. 3.11,3.12,4.2.7 Slte,Useof. 3.13,6.1.1,6.2.1 Site Inspections. . .1.2.2,3.3.4,4.2.2,4.2.9,4.3.6,9.8.2,9.10.1,13.5 Site Visits, Architect's. . 4.2.2,4.2.5,4.2.9,4.3.6, 9.4.2,9.5.1.9.8.2,9.9.2.9.10.1,13.5 SpecialInspectionsandTestlng. 4.2.6,12.2.1,13.5 Specifications, Definition of the. 1.1.6 Specifications, The. 1.1.1.1.1.6,1.1.7.1.2.4.1.3,3.11 Statutes of Limitations . 4.5.4.2,12.2.6,13.7 Stopping the Work. . 2.3,4.3.7,9.7,10.1.2,10.3,14.1 Stored Materials . 6.2.1,9.3.2,10.2.1.2,11.3.1.4,12.2.4 Subcontractor, Definition of. 5.1.1 SUBCONTRACTORS . 5 Subcontractors, Work by 1.2.4,3.3.2,3.12.1, 4.2.3. 5.3. 5.4 Subcontractual Relations. 5.3,5.4.9.3.1.2,9.6.2, 9.6.3,9.6.4,10.2.1.11.3.7,11.3.8,14.1.1,14.2.1.2.14.3.2 Submittals 1.3,3.2.3,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, 7.3.6.9.2,9.3.1, 9.8.2, 9.9.1, 9.10.2. 9.10.3. 10 1.2. 11.1.3 Subrogation, Waivers of. . 6.1.1,11.3,5,11.3.7 Substantial Completion. . 4.2.9.4.3.5.2,8.1.1.8.1.3, 8.2.3.9.8,9.9.1,12.2.1.12.2.2,13.7 Substantial Completion, Definition of. 9.8.1 Substitution of Subcontractors . 5.2.3,5.2.4 Substitution of the Architect. 4.1.3 Substitutions of Materials 3.5.1 Sub-subcontractor, Definition of . 5.1.2 Subsurface Conditions. 4.3.6 Successors and Assigns 13.2 Superintendent.. ...... 3.9, 10.2.6 Supervision and Construction Procedures 1.2.4,3.3,3.4, 4.2.3,4.3.4,6.1.3,6.2.4,7.1.3,7.3.4,8.2,8.3.1,10, 12, 14 4.4.1.4.4.4,5.4.1.2,9.10.2,9.10.3.14.22 9.9.1,9.10.2,9.10.3 2.2.2,3.18.3 Rules and Notices for Arbitration Safety of Peraons and Property . Safety Precautions and Programs Samples, Definition of . . . . . . . . . Samples, Shop Drawings, Product Data and Samples at the Site, Documents and . Schedule of Vsluee . Schedules, Construction . Separate Contracts and Contractors . . Surety. Surety, Consent of. Surveys. . Suspension by the Owner for Convenience 14.3 Suspension ofthe Work 4.3.7,5.4.2,14.1.1.4,14.3 Suspension or Termination of the Contract. 4.3.7,5.4.1.1,14 Taxes 3.6, 7.3.6.4 Termlnstlon by the Contractor .,. 14.1 Termination by the Owner for Cause. . 5.4.1.1, 14,2 Termination of the Architect 4.1.3 Termination of the Contractor 14:2.2 TERMINATION OR SUSPENSION OF THE CONTRACT. 14 Tests snd Inspections .. 3.3.3.4.2.6,4.2.9,9.4.2.12.2.1.13.5 TIME 8 Time, Delays and Extensions of . . . 4.3.8,7.2.1,8.3 Time Limits, Specific 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1, 4.2.1.4.2.11.4.3.4.4.4.5.5.3.5.4.7.3.5.7.3.9.8.2,9.2,9.3.1. 9.3.3,9.4.1.9.6.1.9.7.9.8.2,9.10.2.11.1.3.11.3.6.11.3.10. 11.3.11,12.2.2.12.2.4.12.2.6,13.7.14 Time Llinlts on CIslms. 4.3.2.4.3.3,4.3.6.4.3.9,4.4,4.5 Title to Work .. . . . . . . . . . . . . . . 9.3.2,9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.3.6,8.3.1,10.1 Unit Prices. . 7.1.4,7;3.3.2 Use of Documents . 1.1.1,1.3,2.2.5,3.12.7,5.3 Usa of Site .. 3.13,6.1.1,6.2.1 Values, Schedule of 9.2,9.3.1 Waiver of Claims: Final Payment. 4.3.5, 4.5.1. 9.10.3 Waiver of Claims by the Architect. 13.4.2 Waiver ofC1aims by the Contractor. 9.10.4,11.3.7,13.4.2 Waiver of Claims by the Owner . 4.3.5,4.5.1,9.9.3, 9.10.3, 11.3.3, 11.3.5. 11.3.7. 13.4.2 Waiver of Liens. ...,................ 9.10.2 Waivers of Subrogation . 6.1.1,11.3.5,11.3.7 Warranty and Warranties. 3.5,4.2.9, 4.3.5.3,9.3.3,982.9.9.1, 122.2. 13.7.1.3 Weather Delays. 4.3.8.2 When Arbitration May Be Demanded 4.5.4 Work,Definitionof. .......... 1.1.3 Written Consent. . 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4, 4.5.5,9.3.2.9.8.2.9.9.1.9.10.2,9.10.3.10.1.2,10.1.3. 11.3.1.11.3.1.4,11.3.11.13.2.13.4.2 Written Interpretations. 4.2.11,4.2.12,4.3.7 Written Notice. 2.3,2.4,3.9.3.12.8.3.12.9,4.3.4.4.4. 4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10,10.1.2, 10.2.6,11.1.3.11.3.12.2.2,12.2.4.13.3,13.5.2.14 Written Orders. 2.3,3.9,4.3.7, 7,8.2.2,11.3.9,12.1,12.2,13.5.2,14.3.1 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA@ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 5 . . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Wark issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bJd, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Docwnents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services proVided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be sIgned by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor, or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor I are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAI!! . @1987THEAMERICANINSTlTUTEOfARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subfect to legal prosecution. . Wark without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw~ ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the. Contract Documents. All.copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPIT ALIZA TION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered anicles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title [Q the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable evidence were furnished on request prior to the execution of the Agreement,'i~he prospective contractor would not be required to execute the Agreement or to commence the Work.} 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- . ments and charges required for construction, use or occupancy of permanent strUCtures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptneSs to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially thoSe in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents,. the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven~day period. If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright iaws and is subject to legal prosecution. A201.1987 7 . 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Cont1'2ctor shall carefully study and compate the Contract Documents with each other and with information furnished by the Owner pursuant to Subpa1'2graph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error. inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Comrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea~ surements and conditions and ocher information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contracto"r shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responSible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanem and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Comract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. . 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work. will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludeS remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided hy the Con~ tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and -inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Comract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objuction. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and aU required taxes, less applicable trade discounts; 8 A201-1987 AlA DOCUMENT A201 . GENERAl. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA~ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Comract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in ~ontractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during-performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. The purpose of their sub- mittal is to demonstrate for those portions of the Work for . which submittals are required the way the Contractor proposes to conform to. the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submi~tal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering suer. construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA<<I . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201.1987 9 WARNING: Unlicensed photocopying violates U.S. copyright laws and 18 subJect to legal prosecution. . Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused hy operations under the Contract. At completion of the Wark the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Comractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect hannless from,,~oss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consullallts, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- . tect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. 4.1 ARTICLE 4 ADMINISTRATION OF THE CONTRACT ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's'authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para* graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance WIth other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION AlAe . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's conSultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner, 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have . authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the pUlpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4~2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the clate of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying . out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo. rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests . will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistem with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision 01 Architect. Ciaims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contracwr and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Cialm is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA~ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 A201-1987 11 WARNING: Unlicensed photocopying vtolates U.S. copyright laws and Is subject to legal proaecution. . 4.3.4 ConUnulng Contract Perlonnance. Pending fInal reso- lution of a Claim including arbitration, unless otherwise agreed in writing the ContractOr shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Flnsl Payment. The making of fInal payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown CondlUons. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10,3, If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Addltlonsl Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data . substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction, 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to' the other party within a reasonable time not exceeding 21 days after first observance, The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be fIled as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the panies indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven clays, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be emered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party, Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. 12 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHlTECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . 4.5.2 Rules and Notices for Arbitration. Claims between the owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rutesof the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be med with the Architect. 4.5.3 Contract Perfonnance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- trationofany Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is fmal but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, bm shall not supersede arbitration pro- ceedings unless the decision is acceptable to all panies concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The fore. going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof. . 4.5.6 Claims and Timely Assertion of Claims. A party who fdes a notice of demand for arbitration must assert in the demand all Claims then known to that pany on which arbitra- tion is permitted to be demanded. When a party fails to include a Clalm through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti. ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA~ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201.1987 13 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Wark to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub~sub~ contractors, The Contractor shall make available to each pro~ posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents. to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi~ tions of the proposed subcontract agreement which may be at variance with the Comract Documents. Subcontractors shall similarly make copies of applicable ~portions of such documents available to their respective proposed Sub~subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para~ graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION ANO TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por~ tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. . 6.1.3 The Owner shall provide for coordination of the activi~ ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con~ tractors and the Owner in reviewing thelr construction sched~ ules when directed to do so. The Contractor shall.make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract"- Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi~ tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con~ tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi~ ties and shall connect and coordinate the Contractor's con~ struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of rhe Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shaU, prior to proceeding with that ponion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results: Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa~ rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong~ fully caused by the Contractor to completed or partiaIly com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub~ ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround~ ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA~ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Wark may be accomplished after execu. tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Wark, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and mayor may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Wark shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con. struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a wriuen order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; . .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, indud- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, indud- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form --as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagtaph 7.3.6 shali be iimited to the foliowing' .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, indud- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjl,Jstments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA~ . @]987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201.1987 15 WARNING: Unlicensed photocopying violates U.S. copyright laws and ls subject to legal prosecution. . 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 OEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calenclar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor conf1I1l1s that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time .shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the Contract Documents. . ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the- Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPUCATIONS FOR PAYMENT 9.3.1 At least ten days before the date established' for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory ro the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 16 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. fCJURHENTH EDITION AIAIl . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW" WASHINGTON, D,C, 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecutlon. . Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amOunt as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in pan as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor" dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Wark for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made eXd.ll1ination to ascertain how or for what purpose the Comrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. if the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated del<JY; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. . 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to payor to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the. Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Comractor within seven days after the date established in the Contract Documents the amount cer- tifled by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Swn shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately;' is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- ALA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006 A201-1987 17 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . oated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall flx the time within which the Contractor shall flnish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Cenificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by tht Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the ponion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a ponion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for paymem, the Architect will promptly make . such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac. tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after flnal payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Compietion of the Work, [mal com. pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for [hat portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing flnal payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in wtlting and Identified by that payee as unsettled at the time of [mal Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. 18 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTiTUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. . ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS ANO PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the ContracL 10.1.2 In the. event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor ,shall immediately stop, Work in the area affected and report the condition to the Owner and Architect in writing. The Wark in the affected area shall nOt thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulring from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in pact by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the sHe, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relo- cation or replacement in the course of construction. . 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Wark, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2,1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 19 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor' 5 employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con~ tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, dearh of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appH- cable to the Contractor's obligations under Paragraph 3.18, 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or daUns-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be main- tained after fmal payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be f1led with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11 ,1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, If any of the foregoing insurance coverages are required to remain in force after fmal payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles, Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9, 10 or until no person or entity . other than the Owner has an insurable interest in the property required by this Paragraph 11,3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11.3.1.1 Property insurance shali be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents, 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement. of the Work. The Contractor may then effect insurance which will protect the interests of the <;::ontractor, Subcontractors and Sub- subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur~ chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto. 11.3.1.3 If the property insurance requires minimum deducti- hies and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles, If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles, 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit.l 11.3.2 Boller and Machinery Insurance. The Owner shali purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Work, and the Owner and Contractor shall be n6med insureds. 11.3.3 Loss of Use Insurance. The Owner, at tIle Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 20 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA" . @1987THEAMERlCANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subJect to legal prosecution. . 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja. cent to the site:;, by ,property insurance under policies separate from those insuring the Project, or if after fmal payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall fIle with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy. shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project Each policy shall contain a provision that, the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers 01 Subrogation. The Owner and Comr>ctor waive all rights against (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11..3.8 A loss insured under Owner's property insurance shall be adjusted by th~ Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subpar>gr>ph 11.3.10. The Contr>ctor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor. dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam. aged property shall be covered by appropriate Change Order. . 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in. writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fi<iuciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and th'e Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tionsarising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover~ ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIAII . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 21 WARNING: Unlicensed photocopying violates U.S. copyright laws and ls subfect to legal prosecution. . for commencement of warranties established under Sub~ paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct . it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Wark first performed after Substantial Completion by the period of time between Substan- tial Completion and the actUal performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which art not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time flXed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days. after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to "he time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. . ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party -in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole' without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13~4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make' arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, an~ shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA<!> . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying vtolates U.S. copyright laws and Is subJect to legal prosecution. . The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST_ 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the clate payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOO 13.7.1 M between the Owner and Contractor; .1 Before Substantial Completion. A5 to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall conunence to flUl and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certlf~ cate for Payment. As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12,2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. . ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num. ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of60 days through . no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor; .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Archit~ct that sufficient cause exists to jus- AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201.1987 23 WARNING: Unlicensed photocopying violat.. U.S. copyright laws and 18 subject to legal prosecution. . tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any. severi days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 fmish the Wark by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Wark is flnished. 14-.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing - the Wark, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor, If such costs exceed the unpaid balance, the Contractor shall pay the difference to the . Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed flxed or percentage fee. 24 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 3/87 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . . SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 -INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: on The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $ 100,000. New Suffolk Drainage Improvements F -1 . . .2 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $ 1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate. .3 Comprehensive Automobile Liability (owned, non-owned, hired): a. Bodily Injury: $ 1,000,000 Each Person $ 1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: New Suffolk Drainage Improvements F-2 . . PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for New Suffolk Drainaae Improvements at First Street & Jackson Avenue New Suffolk New York 11956 Attachment: Suffolk County Wage Rate Information New Suffolk Drainage Improvements G -1 PAYROLL CERTIFICATION FORM . . (T1tI.) (Nanwof.ign.toryplrty. do hereby state: 1. That I payor supervise the payment of the persons employed by, on the (ConIradeM' Of" SUb-Contntctor) : that during the payroll period commencing (ProjectorWOftl:) on the day of , .2t-, and ending the day of , AL- , all persons employed on said project have been paid the full weekly wages earned (.xelp( as notH Cotumn 10. front offonn~ that no rebates have been or will be made either directly or Indirectly to or on behalf of said contractor, from the full weekly wages earned by any person and that (eontractor or SUb-ConIraCtDr) no deductions- have been made. either directly or Indirectly from the full wages earned by any person other than pennlsslble deductions as deftned by Regulations 'ssued by the New York Slale Cepartment of Labor. If any wages are unpaid, as reported In Column 10 on the front of this fonn, explain below: 2. That any payrolls otherwise under this contrac:t required to be submitted for the above period are correct and complete; that the wage rates for laborers. mechanic. journeymen, skUled and Hmkldlled laborer and apprentices contained therein are not less than the applicable wage rates contained hi any wage determination IllCOf1)Of'8ted Into the contract; that the cIaIsmcatlons .et forth therein for each laborer, mechanlc, Journeymen, akllled and. semt-l:k1lled laborer and apprentice confonn wtth work he perfonned. 3. That any apprentices employed In the above period are dUty reglstei'ed In a bona fide apprenticeship program registered with . State apprenticeship agency recognized by the New York Sureay of Apprenticeship and Training, Department of Labor and Industry. 4. That (a). wHeRE FRINGE BENEFlES ARE PAlO TO APPROVED PLANS. FUNDS DR PROGRAMS In addition to the basic hourly wage rates paid to each laborer, mechanlc,joumeyman. akllled and seml-skiDed laborer and D apprentice listed In the above referenced payroll. payments of fringe benefits as IIat8d In the contract have been or will be made to appropriate programs for the benefit of such employee, except II noted In SecUon 4 (c) below. (b). WHERE FRINGE BENEFIES ARE PAlO IN CASH Each laborer, Mechanic, journeymen, skilled and semi-skllled laborer and apprlntlce Usted In the above referenced payroll D has been paid, as Indicated on the payroll. an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe beneflts as listed In the contract, except as noted in Section 4 (c) below; (c). EXCEPTIONS EXCEPTlON (CRAFT) EXPLANATION REMARKS: I SlGNATUR", .1 NAMe.n<! 11Tle, The wtllful falsification of any of the .bove statements may subject the contractor or sub-eontrador to eMI or criminal prosecution. TAKEN, SWORN AND SUBSCRIBED BEFORE Me. THIS OAY (NOTARY & SEAL) OF A.D. 20--, New Suffolk Drainage Improvements H -1 PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS (for Contractor and Sub-Contractor's use for Weekly and Final Certification) Name of o Contractor or, 0 Sub-Contractor: Address of Contractor or Sub-Contractor: Date Wage Due & Paid: Telephone No. Week Ending or Final Certification Project Name & location: Prevailing Wage Serial Number: Agency Project Number: 0 1. 2. 3. ,.: .4. DAY AND DATE 5. 6. 7. 8. 9. 10. - ~" 0) 5 IMIT IWI TI FI 5 DEDUCTIONS NET Name, Address and ~~i Work ~ WAGE 0 I I II I I TOTAL RATE GROSS WITH- TOTAL AMOUNTS Social Security Number ".. ~ OF PA' l'" ~ Classification ,.: HOURS AMOUN FICA HOLDING STATE DEDUC- PAID FOR UNPAID of Employee ,,~oll 0 HOURS WO~D EACH DAY EARNED TAX TlONS WEEK 0 5 0 5 0 5 0 5 0 5 0 5 . 0 5 0 S 0 5 NEW YORK STATE DEPARTMENT OF LABOR PREVAILING WAGE DIVISION N I 0) - C Gl E ~ 2 Q. E Gl Cl I'll C of! C ..:.:: ~ ::l U) ::: Gl Z . . COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS A. STATE REGULATIONS: 1. The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. B. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $ 10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): New Suffolk Drainage Improvements 1-1 . . 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000 - which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C.1001. "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders ofthe Secretary of labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended In whole or In part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of labor, or as otherwise provided by law. New Suffolk Drainage Improvements 1-2 . . (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Reauired Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report If it meets the requirements in subdivisions (I), (ii), and (Iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date ofthe award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. New Suffolk Drainage Improvements 1-3 . . 1-12.805.4 Reports and Other Reauired Information (b) Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: (2) "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. (2) In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has notfiled a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other Information as the agency, the applicant, or the Director requests. ( c ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration cif the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. New Suffolk Drainage Improvements 1-4 . . ( d) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENT STANDARDS A. All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from Inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. B. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of ~ hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1- 1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours In the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. New Suffolk Drainage Improvements 1-5 . . C. Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Sub-grantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. D. Contracts and sub-grants of amounts in excess of $ 100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. E. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in Instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. F. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which It will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. G. In all contracts for construction or facility improvement awarded in excess of $ 100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. H. All contracts and sub-grants in excess of $ 10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or sub-grantee shall be required to have an affirmative action plan which declares that It does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the Implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or sub-grantees and to assure that suspected or reported violations are promptly investigated. New Suffolk Drainage Improvements 1-6 . . COMPLIANCE WITH PROVISIONS OF THE lABOR lAW Pursuant to Article 8 of the labor law, the contractor's attention is directed to the following requirements: 1. Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in anyone calendar day or more than five days in anyone week except in the emergencies set forth in the labor law. 2. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. 3. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. 4. - Section 220.3-e provides that apprentices wlil be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of labor. The allowable ratio of apprentices to journeymen In any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of labor for the classification of work he actually performed. The contractor or subcontractor wlil be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. 5. Section 22009, which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or Intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); ( C ) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; New Suffolk Drainage Improvements 1.7 . . (d) Thatthis contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. 6. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. 7. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that If the . requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. 8. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs ( c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12,1963 and amended November 14,1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No.1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. New Suffolk Drainage Improvements 1-8 . . NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer,layoff or termination, rates of payor other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. b. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. c. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance ofthe provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. d. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. New Suffolk Drainage Improvements J-1 . . e. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-cliscrimination clauses and such sections of the Executive Law and Civil Rights Law. f. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-cliscrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions ofthese non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-cliscrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. g. If this Contract is canceled or terminated under clause "f." , in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. h. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local ofthe Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/ Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). New Suffolk Drainage Improvements J-2 . DIVISION 2 . SITE WORK . TOWN OF SOUTH OLD NEW SUFFOLK DRAINAGE IMPROVEMENTS GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Division. TABLE OF CONTENTS - DIVISION NO.1 - GENERAL REQUIREMENTS Included in this Division are the following sections: 01010 General 01025 Measurement and Payment 01500 Construction Facilities & Temporary Controls 01501 Health & Safety Provisions 01770 Project Closeout DIVISION 2 - PAGE 1 of 45 DIVISION 2 - SITE WORK . . MOBILIZATION & GENERAL REQUIREMENTS TOWN OF SOUTHOLD - NEW SUFFOLK DRAINAGE IMPROVEMENTS GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Section. TABLE OF CONTENTS - MOBILIZATION & GENERAL REQUIREMENTS Included in this Division are the following sections: )- General )- Mobilization )- Measurement and Payment )- Construction Facilities & Temporary Controls )- Health & Safety Provisions )- Temporary Silt Screen (DEC permit Requirement) PAYMENT FOR ITEM 1- MOBILIZATION & GENERAL REQUIREMENTS 1. The lump sum price bid under Payment Item 1 shall include supervision and management, on-going project-related expenses, insurances, bonding, labor, materials, equipment, and incidentals necessary to mobilize to the construction site, meet all of the general requirements set forth under this Section, comply with all conditions set forth in the Conditions of Contract and General Conditions of the Contract and demobilize from the construction site upon successful completion of the project. 2. Payment for this item will be made in three (3) payments; a. Fifty Percent (50%) upon complete mobilization to the site. b. Twenty Five Percent (25%) upon second partial payment request. c. Twenty Five Percent (25%) upon successful completion and acceptance of the project. DIVISION 2 - PAGE 2 of 45 DIVISION 2 - SITE WORK . . SECTION - GENERAL SITE The site of the proposed general construction for the New Suffolk Drainage Improvements is located in the Town of Southold, on First Street & Jackson Avenue in New Suffolk, County of Suffolk, State of New York and more particularly shown on the Contract Drawings. SCOPE The work to be performed under this Contract shall include all labor, materials, equipment, services and incidentals required to perform the proposed drainage improvements as indicated in the Specifications, Permit Drawings, shown on the Contract Drawings and/or as approved by the Engineer. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge of a competent and reliable superintendent, who shall have authority to act for the Contractor, and who shall be acceptable to the Engineer. the Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. All workmen must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or required for the protection of fire, accidents, property damage and public nuisance. He shall DIVISION 2 - PAGE 3 of 45 . DIVISION 2 . SITE WORK . provide and maintain such toilet facilities at or adjacent to the site as may be required. The Contractor shall erect and maintain such signs, channel and obstruction markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES A. The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right- of-way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. GRADES, LINES. LEVELS AND SURVEYS A. The Owner's Engineer will establish one (1) bench mark and location of the work lines as reference points for the Contractor. B. The reference points shall be maintained by the Contractor. All other required lines, levels, grades, etc., shall be fumished by the Contractor from the reference points. C. Re-establishment of the reference points by the Engineer for the Contractor shall be done at the Contractor's expense. D. The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the aforementioned to the Engineer before commencing work. Commencement of work shall be corrected by the Contractor at his DIVISION 2 - PAGE 4 of 45 . DIVISION 2 - SITE WORK . expense. LABOR. LAWS AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York, the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction of whichever Prime Contract they are submitting a bid for as specified in the Contract Documents for a period of at least five (5) years. On request, bidders must fumish a list of a minimum of five (5) projects of similar type construction that was built by them in the Nassau-Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project for such reasons shall be borne by the Contractor. DIVISION 2 - PAGE 5 of 45 . DIVISION 2 . SITE WORK . STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society, the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform with the latest AS.T.M., AW.PA, A.SA, N.E.C., I.E.S., etc. Specifications as may relate to or govern the construction work. CONTRACT DRAWINGS A The Contract drawings which accompany and form part of these Specifications, bear the general title TOWN OF SOUTHOLD - NEW SUFFOLK DRAINAGE IMPROVEMENTS, Suffolk County, New York and separately numbered and entitled as follows: 1 Cover Sheet 2 Existing Conditions 3 Demolition Plan 4 Proposed Plan 5 Details CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory to the Engineer. GUARANTEES A Before issuance of the final certificate, the Contractor shall deliver to the Owner the following guarantees in addition to those specifically required in the General Conditions and in the various technical sections. B. The Contractor hereby guarantees that all materials and workmanship installed under his respective contract to be new and of good quality in every respect and to remain so for a period of one (1) year or for longer periods where so provided for in the Specifications, from the date of issuance of the Final Certificate by the Engineer. C. Should any defects develop in the aforesaid work within the stipulated periods due to faults in materials and/or workmanship, the Contractor hereby agrees to make all repairs and do all necessary work to correct the defective parts. Such repairs and corrective work, including the cost of DIVISION 2 - PAGE 6 of 45 . DIVISION 2 . SITE WORK . making good all other work damaged by or otherwise affected by making of the repairs or corrective work shall be done without any cost or expense to the owner, and at the entire cost and expense of the Contractor, within five (5) days after notice to the Contractor. The owner may have the work done and charge the cost thereof to the Contractor and/or his Sureties who agree to pay the owner the cost of such work if the Contractor fails to respond as required. PAYMENTS Payment(s) made under this Contract will be made on the basis of actual work completed in accordance with the Contract Documents. Payments will be computed from the unit and lump sum bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION - GENERAL DIVISION 2 - PAGE 7 of 45 . DIVISION 2 - SITE WORK . SECTION - MOBILIZATION 1. DESCRIPTION. Under this item the Contractor shall set up his necessary general plant, including shops, storage areas, office and such sanitary and other facilities as are required by local or state law or regulation. Unless provided for elsewhere, the cost of required insurance and bonds and/or any other similar significant initial expense required for the initiation of the contract work may be included in this item. The determination of the adequacy of contractor's facilities except as noted above shall be made by the Contractor. 2. MATERIALS. Any materials that are required but are not to be a part of the completed contract shall be as determined by the Contractor, except that they shall conform to any pertinent local or state law, regulation or code. 3. CONSTRUCTION DETAilS. Such work as is done in providing the facilities and services under this item shall be none in a safe and workmanlike manner and shall conform with any pertinent local or state law, regulation or code. Good housekeeping consistent with safety shall be maintained. END OF SECTION - MOBILIZATION DIVISION 2 - PAGE 8 of 45 . DIVISION 2 - SITE WORK . SECTION - MEASUREMENT AND PAYMENTS DESCRIPTION The Contractor shall furnish all labor, materials, tools, equipment. appurtenances and all services necessary to perform all Work as required by the plans and specifications or as required by the Engineer, at the lump sum or unit prices for the items listed herein. ENGINEER'S ESTIMATE OF QUANTITIES The ENGINEER'S estimated quantities for unit price pay items are approximate only and are included solely for the purpose of comparison of Bids. The OWNER does not expressly or by implication agrees that the nature of the materials encountered below the surface of the ground or the actual quantities of material encountered or required will correspond with the estimated quantities. PAYMENT ITEMS The method of payments and measurement of payments for each contract item shall be described on the Proposal Form (PF) section of the bid specifications END OF SECTION - MEASUREMENT AND PAYMENTS DIVISION 2 - PAGE 9 of 45 . DIVISION 2 - SITE WORK . SECTION - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Utilities - Electricity, lighting, ventilation, water and sanitary facilities. B. Temporary Controls - Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities - Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPORARY ELECTRICITY A. All Contractors shall be responsible for providing temporary electric power for all construction activities associated with their contracts with the exception of the Proposed Transfer Station & Residential Dropoff Building area. TEMPORARY WATER SERVICE A. The Contractor shall provide temporary water service for construction purposes, sanitary facilities, fire protection and for cleaning. B. Potable water shall be furnished for construction personnel by portable containers. C. Water service shall be protected from freezing, and the service shall be extended and relocated as necessary to meet temporary water requirements. D. The Contractor shall install a meter and pay for all expenses associated with temporary water service during the course of the work, including furnishing all necessary permits and fees required for temporary water service. E. Comply with all applicable codes and arrange for all necessary inspections and approvals. F. Upon completion of all work, the Contractor shall disconnect and remove all temporary connections and fixtures. END OF SECTION - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 2 - PAGE 10 of 45 . DIVISION 2 - SITE WORK . SECTION - TEMPORARY SANITARY FACILITIES A. The Contractor shall provide at the site suitable enclosed toilet facilities for the use of construction personnel. The Contractor shall observe and enforce all sanitary regulations and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including fumishing all necessary permits and fees required for temporary sanitary facilities. F. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. First Aid Facilities and Accidents B. The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. C. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death, personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall DIVISION 2 - PAGE 11 of 45 . DIVISION 2 . SITE WORK . promptly report the facts in writing to the Engineer, giving full details of the claim. WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. C. Provide temporary control of surface water, stormwater runoff and discharge from pumping in accordance with Contractor's approved soil erosion and sediment control plan. SECURITY A. Provide security and facilities to protect work, and existing facilities, and Owner's operations from unauthorized entry, vandalism or theft. B. Coordinate with Owner. C. Fumish security during the course of the work. ACCESS ROAD A. Maintain roads accessing construction area as shown on the Construction Drawings. B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. D. Provide means of removing mud from vehicle wheels before entering public and private streets. Clean all mud and debris from construction traffic at no additional expense to the Owner. Comply with all State and Local regulations. E. Designated existing on-site roads may be used for construction traffic, as directed by the Owner and Engineer. Damage to existing site roads as a result of this Contract will be the responsibility of the Contractor. PARKING A. The Contractor's personnel shall not park on the main road or adjacent DIVISION 2 - PAGE 12 of 45 DIVISION 2 . SITE WORK . . private side streets. B. When space is not adequate, provide additional off-site parking. C. Do not allow vehicle parking on existing pavement. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as designated by the Owner. REMOVAL OF UTILITIES. FACILITIES AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Applications for Payment Inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 2 - PAGE 13 of 45 . DIVISION 2 - SITE WORK . SECTION - HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: 1. Safety and Health Regulations Promulgated by the U.S. Department of Labor OSHA, 29 CFR 1910 - Occupational Safety and Health Standards, and 29 CFR 1920 - Safety and Health Regulations for Construction. 2. U.S. Environmental Protection Agency Medical Monitoring Program Guidelines. B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities, personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. DIVISION 2 - PAGE 14 of 45 . DIVISION 2. SITE WORK . SECTION. TEMPORARY SILT SCREEN 1. DESCRIPTION. This work shall consist of temporary control measures as shown on the plans, in conditions set forth in the New York State Department of Environmental Conservation Permit for this project, or as ordered by the Engineer. Use of temporary silt screen is intended to control soil erosion and water pollution during construction. 2. CONSTRUCTION DETAilS. General. In the event of a conflict between these specifications, pollution control laws, or the rules/regulations of other Federal/State/local agencies, the more restrictive laws, rules or regulations shall apply. Authoritv of Work. The Engineer has the authority to limit the surface area of erodible earth material exposed by excavation, borrow and fill operations and to direct the Contractor to provide immediate permanent or temporary pollution control measures to minimize damage to adjacent property and to minimize contamination of adjacent streams or other watercourses, lakes, ponds or other areas of water impoundment. Schedule of Work. Prior to the start of construction, the Contractor shall submit to the Engineer for acceptance, schedules for accomplishment of the following: erosion control work, clearing and grubbing, grading, bridges and other structures at watercourses, and paving. In addition, the proposed method of erosion control for haul roads and the plan for disposal of surplus excavated materials, shall be submitted for approval. No work shall be started until the erosion control schedules and methods of operations have been approved by the Engineer. If conditions change during construction, the Contractor may be required to submit a revised schedule for approval, as directed by the Engineer. The Contractor will be required to incorporate all erosion control features into the project at the earliest practical time as outlined in his accepted schedule. Control measures will also be required to correct: conditions that develop during construction that were not foreseen during the design stage; that are neeeded prior to installation of erosion control features; or, that are needed temporarily to control erosion that develops during normal construction. Where erosion is likely to be a problem, clearing and grubbing operations should be so scheduled and performed that grading operations and erosion control features can follow immediately thereafter if project conditions permit. Otherwise, erosion control measures may be required between successive construction stages. 3. METHOD OF MEASUREMENT. Monthly payments will be made under this Item in proportion to the amount of work done as determined by the Engineer DIVISION 2 - PAGE 15 of 45 . DIVISION 2 - SITE WORK . 4. BASIS OF PAYMENT. The lump sum for this work includes the cost of furnishing all materials, labor and equipment to satisfactorily complete the temporary erosion and pollution control work shown on the plans, or as ordered to be performed by the Engineer. Payment shall be made under Item 2 of this Contract. Control measures that are made necessary by the Contractor's negligence, carelessness, failure to install controls as a part of the work as scheduled and are ordered by the Engineer, or are made necessary by the Contractor's failure to perform the sequence and scheduling of work as approved, shall be ordered by the Engineer to be accomplished and performed by the Contractor at his own expense. In case of repeated failures on the part of the Contractor to control erosion, pollution and/or siltation, the Engineer reserves the right to employ outside assistance or to use County forces to provide the necessary corrective measures. Such incurred direct costs plus engineering costs will be charged to the Contractor and appropriate deductions will be made from the Contractor's monthly progress estimate. END OF SECTION - TEMPORARY SILT SCREEN DIVISION 2 - PAGE 16 of 45 GENERAL . . DIVISION 2 . SITE WORK The work under this Division (2) shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under the Division. TABLE OF CONTENTS. DIVISION NO.2. SITE WORK Included in this Division are the following sections: 02050 02160 02200 02221 02222 02512 02577 02630 02722 02723 02740 02772 02891 02911 02920 Site Demolition Shoring and Bracing Site Preparation Unclassified Excavation and Grading Clean Granular Fill PVC Pipe and Fittings Pavement Striping Stormwater Drainage Pavement Subbase Preparation Recycled Portland Cement Concrete Aggregate Base Course Asphaltic Concrete Pavement Concrete Curb Signage Topsoil Hydroseed DIVISION 2 - PAGE 17 of 45 . DIVISION 2 - SITE WORK . SECTION 02050 - SITE DEMOLITION DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment and incidentals necessary to complete the Demolition work and Debris removal as specified herein, shown on the Contract Drawings and/or as directed by the Engineer. SCOPE In general, the work to be done shall include but not be limited to the following: A. Existing catch basins and piping B. Parking lot asphalt C. Any and all excess soil or unsuitable material. DEMOLITION DESCRIPTION AND DETAILS A. The Contractor shall completely remove all soils, concrete structures and piping, asphalt, timbers and debris to allow for the proposed construction as shown on the Contract Drawings and directed by the Engineer. All materials and debris to be demolished shall be removed and disposed of off site. B. The Contractor shall exercise extreme care NOT to damage the existing structures and surfaces which are to remain. All asphalt and concrete shall be sawcut prior to any removal or demolition. The Contractor shall remove from the site all cut-offs and demolished materials and replace remaining voids and previously occupied spaces with suitable granular fill material properly compacted in place. C. Off-site disposal for all demolished material and debris shall be at a facility approved by the New York State Department of Environmental Conservation. All costs, permits, etc., for proper disposal shall be bome by the Contractor. END OF SECTION 02050 - SITE DEMOLITION DIVISION 2 - PAGE 18 of 45 . DIVISION 2 - SITE WORK . SECTION 02160 - SHORING AND BRACING GENERAL A. The Contractor shall fumish all labor, materials equipment, tools and appurtenances required to complete the work of shoring, bracing, and sheeting or sheet piling, necessary to complete the construction, protect structures, and prevent the loss of ground or caving of embankments, as shown, specified or required, and shall meet all applicable building and safety codes. B. Pressures on sheeting and the stability of the sheeting and bottom of the excavation are dependent not only on soil conditions but upon many procedures and options available to the Contractor, such as dewatering, staging of excavation and installation of bracing, flexibility of sheeting, construction equipment used, and time of completing the work. All such factors shall be considered investigated in the design of the sheeting and bracing. RELATED DOCUMENTS A. Recommended Technical Provisions for Shoring and Sloping of Trenches and Excavations, U.s. Department of commerce. B. Construction Safety and Health Regulations, U.S. Department of Labor, Occupational Safety and Health Administration. SUBMITTALS In trenches, the sheeting shall be designed so that the lowest brace is no closer than 12 inches above the base of the structure to be installed. Therefore, the Contractor shall submit drawings, computations and substantiating data prepared, and signed and sealed by a Professional Engineer licensed in the State, showing his proposed sheeting, sheet piling, and bracing design and method of construction for the information of the Engineer prior to the start of such construction. Any review or comments by the Engineer shall not relieve the Contractor of his responsibility for sheeting and bracing. QUALITY CONTROL During the installation of the sheeting and bracing and as long as the excavation is open, the Contractor's Professional Engineer shall monitor the work to ensure that it is carried out in accordance with his design and procedures. For this purpose, leveling observations for heave and settlement shall be made in addition to piezometric readings where excavations extend below the water table or through soft cohesive soils. DIVISION 2 - PAGE 19 of 45 . DIVISION 2 - SITE WORK . MATERIALS A. Steel Sheet Pilinq; Steel sheet piling shall conform to the requirements of ASTM A328. B. Timber Sheetinq; The timber, unless othelWise noted, may consist of any species which will satisfactorily stand driving. It shall be sawn or hewn with square corners and shall be free form worm holes, loose knots, wind shakes, decayed or unsound portions, or other defects which might impair its strength or tightness. VERIFYING EXISTING CONDITIONS A. Before commencing work, the Contractor shall check and verify all goveming dimensions and elevations, including field measurements of existing and adjoining work on which his work is dependent, to assure proper fit and clearance of each part of the work to the new and existing structures. B. The Contractor's attention is drawn to General Conditions for general information for evaluating existing conditions which may affect his work. COORDINATION WITH OTHER OPERATIONS The schedule and progress of the shoring, bracing, and sheeting work shall be coordinated with the dewatering, excavation, and backfilling work. If, during the progress of the excavation, lateral movement of the adjacent ground or structures is discovered, corrective measures shall be taken immediately to prevent further movement. INSTALLATION A. All sheetinq 1. All sheeting, whether steel or timber, permanent or temporary, shall be safely designed and shall be carried to adequate depths and braced as necessary for proper performance of the work. Construction shall be such as to permit excavation as required. Interior dimension shall be such as to give sufficient clearance for construction forms and their inspection. Movements of sheeting or bracing which prevent the proper completion of the sub-structure or cause damage to any adjacent structure by undermining or any other change shall be corrected at the sole expense of the Contractor. No part of the sheeting or bracing shall be allowed to extend into the structure without written permission of the Engineer. 2. If the Engineer is of the opinion that, at any point, any proper supports have DIVISION 2 - PAGE 20 of 45 . . DIVISION 2 . SITE WORK not be provided, he may order additional supports put in at the expense of the Contractor, and compliance with such order shall not relieve or release the Contractor from his responsibility for the sufficiency of such supports. Care shall be taken to prevent voids outside of the sheeting, but if voids are formed, they shall be immediately filled and rammed. 3. The Contractor shall leave in place to be embedded in the backfill, any sheeting and bracing which the Engineer may direct him in writing to leave in place at any time, during the progress of the work, for the purpose of preventing injury to structures, utilities, or property, whether public or private. The Engineer may direct that steel or timber used for sheeting and bracing be cut off at any specified elevation. 4. The right of the Engineer to order sheeting and bracing left in place shall not be construed as creating any obligation on his part to issue such orders, and his failure to exercise his right to do so shall not relieve the contractor from liability for damages to persons or property occurring form or upon the work occasioned by negligence or otherwise, growing out of a failure on the part of the Contractor to leave in place sufficient sheeting and bracing to prevent any caving or moving of the ground. REMOVAL OF SHORING AND BRACING MATERIALS A. Whether the Contractor elects not to remove shoring and bracing material, all such material shall be removed to the extent that the top of the material shall be a minimum of 5 feet below the proposed finished grade. B. Removal of shoring and bracing shall be carried out in a manner such that no structure shall be disturbed or damaged during or after removal. Protection of structures during the removal of the shoring and bracing shall be the sole responsibility of the Contractor, and any disturbance or damage shall be rectified at no expense to the Owner. SAFETY Installation and removal methods of shoring and bracing shall meet, or exceed, the minimum requirements of the applicable codes and safety precautions as outlined in such codes, and shall be enforced by the Contractor. METHOD OF PAYMENT The Contractor shall not receive separate payment for the cost of shoring and bracing. All costs for shoring and bracing shall be included within the unit payment item for related retaining wall item listed on the Proposal Form. END OF SECTION 02160 - SHORING AND BRACING DIVISION 2 - PAGE 21 of 45 DIVISION 2 - SITE WORK . . SECTION 02200 - SITE PREPARATION WORK INCLUDED The Contractor shall fumish labor, materials, equipment and appurtenances necessary or required to perform and complete all work including, but not limited to the following: A. Location and Stakeout B. Clearing, removing and the legal disposal of all debris and miscellaneous structures not covered under other sections of these Specifications. C. The Contractor shall do all stakeout, layout, and elevations necessary to perform the intended construction. Surveying shall be performed by a Licensed land Surveyor acceptable to the Engineer. All instruments, equipment, stakes and any other material necessary to perform this work satisfactorily shall be provided by the Contractor and approved by the Engineer. QUALITY ASSURANCE A. Location and stakeout work shall be performed by a Professional Engineer or Land Surveyor duly licensed in the State of New York. B. The Contractor shall, at their own expense, secure and pay for all permits, inspections, fees and give all legal notices that may be required in connection with the work, including the notification of owners of existing subsurface gas and other utility lines. INSPECTION A. The Contractor shall visit and thoroughly familiarize themselves with the site and with the scope of work to be done. B. When the Contractor submits their proposal, it shall be interpreted to mean that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule #53 of Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. DIVISION 2 - PAGE 22 of 45 . DIVISION 2 . SITE WORK . C. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. PERFORMANCE A. The Contractor shall exercise diligent care to protect existing trees, shrubs and under-growth not to be removed and shall replace at his own expense any such existing plants, trees, shrubs or other plant material removed, destroyed, disfigured or damaged because of his negligence with similar planting approved by the Engineer. B. All wood and brush shall be legally disposed of by the Contractor at their own expense. ADJUST AND CLEAN The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10 inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Tree roots which must be severed should be cut clean. Backfill material around roots shall be topsoil. C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from tree so that all equipment such as backhoes and dump trucks do not contact tree trunk or branches. D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. E. Material shall only be stockpiled in locations approved by the engineer. No DIVISION 2 - PAGE 23 of 45 . DIVISION 2 - SITE WORK . equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off-site. F. Obstructive and broken branches should be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further out from trunk. The final cut should be made by placing the shears or saw in front of the branch bark ridge and cutting downward and slightly outward. Do not paint the wounds. G. Any trees damaged during construction shall be repaired by an approved tree surgeon. Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, burlapped and platformed and planted at the direction of the Engineer. H. Where cuts expose or affect root systems of trees, the exposed roots shall be cut off cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. METHOD OF PAYMENT The Contractor shall not receive separate payment for the cost of site preparation. All costs for site preparation shall be included within payment item #4 as listed on the Proposal Form. END OF SECTION 02200 . SITE PREPARATION DIVISION 2 - PAGE 24 of 45 . DIVISION 2 - SITE WORK . SECTION 02221 - UNCLASSIFIED EXCAVATION AND GRADING CLASSIFICATION Classification of excavation: Excavation shall be unclassified, and the term "unclassified excavation" shall be understood to mean any and all materials encountered during excavation work including structures, pavement, abandoned structures, stumps, foundations, retaining walls, earth, piping, demolition, drainage systems, etc. GENERAL SITE EXCAVATION A. The Contractor shall as necessary for safe construction and repair of the proposed construction to the specifications and/or as approved by the engineer. Material, which is unacceptable to the Engineer, shall be disposed of at the Contractor's expense. B. Unstable soil shall be removed and replaced with sand or gravel and shall be thoroughly compacted. C. Adequate provision shall be made to intercept or divert all surface water from the areas of construction operations and designated wetlands. D. The Contractor shall establish a construction grid for the areas of proposed excavation a grading to establish all stakeout, layout, and elevations necessary to perform the intended construction. All instruments, equipment, stakes and any other material necessary to perform this work satisfactorily shall be provided by the Contractor and approved by the Engineer. METHOD OF PAYMENT The Contractor shall receive separate payment for the cost of unclassified excavation and grading. All costs for unclassified excavation and grading shall be included with payment item #4 as identified on the Proposal Form. END OF SECTION 02221 - UNCLASSIFIED EXCAVATION AND GRADING DIVISION 2 - PAGE 25 of 45 . DIVISION 2 - SITE WORK . SECTION 02222 - CLEAN GRANULAR FILL DESCRIPTION Under this Item, the Contractor shall furnish, place and compact clean granular fill material in accordance with the plans and specifications and/or as directed by the Engineer. MATERIALS Clean granular fill shall be sound. hard, durable bank run sand and gravel. Gradation shall be as follows as determined by ASTM 0422 Testing Methods Sieve Size Percent Passinq bv Weiqht 1-inch No. 40 No. 200 100% 0-70% 0-10% The Engineer reserves the right to randomly test for conformance any material that arrives at the site. All costs associated with laboratory testing of the material shall be borne by the Contractor. CONSTRUCTION DETAILS The Contractor shall furnish and place clean granular fill material as directed by the Engineer. The fill material shall be placed in 6" to 9" lifts and thoroughly compacted with a vibratory tamper or other approved means. The fill material shall be compacted to 95% of maximum density at optimum moisture content in accordance with ASTM 0698 Standard Proctor. Testing fees shall be borne by the Contractor. METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of furnishing and installing clean granular fill. All costs for clean granular fill shall be included within the unclassified excavation and grading payment item #4 as identified on the Proposal Form. END OF SECTION 02222 - CLEAN GRANULAR FILL DIVISION 2 - PAGE 26 of 45 DIVISION 2 - SITE WORK . . SECTION 02512 PVC PIPE AND FITTINGS DESCRIPTION Furnish and installation of all specified plastic (PVC) pipe and fittings required for the installation of the storm water drainage system as indicated on the Contract Drawings. SUBMITTALS Product Data: Manufacturer's specifications with detailed information regarding dimensions, pressure rating, fittings and installation instructions. Manufacturer's data must indicate compliance with the standards specified herein. MATERIALS All pipes and fittings are to be Schedule 80 Polyvinyl Chloride (PVC) pipe. All PVC shall be manufactured from a Type I Grade I Polyvinyl Chloride (PVC) compound with a cell classification of 12454 per ASTM D1784. All pipes shall be manufactured in strict compliance to ASTM D1785 with compliance marking on each section of pipe. Pipe shall be manufactured from Harvel Plastics (610) 252- 7355 or approved equal. Physical properties shall include: Phvsical Pronertv Value Reference Specific Gravitv + 0.02 1.4 ASTM D792 Tensile Strenoth, osi lfil730F 7100 ASTM D638 Modulus of Elasticitv in Tension, psi llIl730F 400,000 ASTM D638 Flexural Strenoth, osi 12,000-14,000 ASTM D790 Izod Impact, Ft.Lbs/in., Notch lfil730F 0.65 ASTM D256 Heat Deflection OF llIl264psi 160 ASTM D648 Heat Resistance OF 140 Thermal Conductivitv, BTUlhr.lso.FT.fF/in 1.2 ASTM C177 Coefficent of Expansion, in.lin.fFx10.5 3.0 ASTM D696 Water Absorption, %/24 hrs. lfil730F 0.05 ASTM D570 Cell Classificiation 12454B ASTM D 1784 Color Code Dark Grav INSTAllATION A. Install pipe as indicated on the Drawings. B. Pipe in Trenches: 1. Keep trenches free from water. 2. Grade and shape trench bottom to insure a firm uniform bearing for the entire trench length. Provide a minimum cover of 4"-6" to DIVISION 2 - PAGE 27 of 45 DIVISION 2 . SITE WORK . . finished grade unless otherwise shown on the drawings. 3. Cut pipe as recommended by the manufacturer. 4. Lay pipe on a continuously rising grade from low points to high points 5. At each joint, dig a bell hole sufficiently wide and deep to allow the pipe barrel to bear uniformly on the trench bottom. PROTECTING PIPE A. During the progress of the Work keep pipe clean from all sediment, debris, and other foreign material. B. Close all open ends of pipes and fittings securely with removable plugs at end of Work day, during storms, when the Work is left at any time, and at such times as the Director's Representative may direct. METHOD OF MEASUREMENT The Contractor shall receive separate payment for the cost of (PVC) pipe and fittings under Item # 11. All costs for (PVC) pipe and fittings shall be compensated on a linear foot basis as defined in the Proposal Form of the specification. END OF SECTION 02512 - PVC PIPE AND FITTINGS DIVISION 2 - PAGE 28 of 45 . DIVISION 2 - SITE WORK . SECTION 02577 - PAVEMENT STRIPING QUALITY ASSURANCE A. Regulatory Requirements: Chapter III of Title 6 of the official compilation of Codes, Rules and Regulations of the State of New York (Title 6 NYCRR), Part 205 Architectural Surface Coatings. B. Certification: Affidavit by the paint applicator, certifying that the materials comply with the current regulatory requirements in effect at the time products were delivered and applied. PROJECT CONDITIONS A. Perform the painting operations after working hours, on weekends or at such time so as not to interfere with the flow of traffic. Provide temporary barriers to prevent vehicles from driving over newly painted areas. B. Apply paint on dry pavement surface, when the air temperature is above 40 degrees Fahrenheit. MATERIALS Paint: DOT Section 640-Reflectorized Pavement Marking Paints - yellow, blue or white as indicated or if not indicated as directed. PREPARATION A. Remove dust, dirt, and other foreign material detrimental to paint adhesion. B. Mark layout of stripes and lines with chalk or paint. APPLYING PAVEMENT MARKING Apply paint in accordance with DOT Section 640-3.02. METHOD OF PAYMENT All costs for pavement markings shall be included within the payment item #13 defined in the Proposal Form of the specification. END OF SECTION 02577 - PAVEMENT STRIPING DIVISION 2 - PAGE 29 of 45 DIVISION 2 . SITE WORK . . SECTION 02630 - STORMWATER DRAINAGE WORK INCLUDED . The work shall include furnishing all labor, material, equipment, and incidentals necessary to install pre-cast concrete drainage structures, pipes, culverts, frames and grates, frames and covers, stone, suitable granular porous leaching material (soil), and all other necessary operations to construct the stormwater drainage system in accordance with the plans, specifications and/or as directed by the Engineer. SHOP DRAWINGS Submit complete and accurate shop drawings, catalog cuts, details for the Engineer's approval. No installation shall be made prior to approval of the Engineer. MATERIALS A. Leachinq Pools - Leaching pools shall consist of leaching rings and a solid wall dome. The diameter and depth of the leaching pools shall be as indicated on the plans. The leaching rings and solid wall dome shall be as manufactured by Suffolk Precast Inc., Calverton, NY or an approved equal. B. Solid Covers (precast concrete) - The solid cover shall be precast concrete be as shown on the construction drawings and manufactured by Suffolk Precast Inc., Calverton, NY or an approved equal. C. Frames and Grates (circular qrate) - The frame and grate shall be heavy-duty type frame and grate as manufactured by Campbell Foundry Company or an approved equal. Frames and grates shall be as shown on the construction drawings. D. Frames and Covers (circular solid cover) - The frame and solid cover shall be heavy-duty type frame and cover as manufactured by Campbell Foundry Company or an approved equal. Frames and covers shall be as shown on the construction drawings. . INSTALLATION A. The Contractor shall excavate for the installation of the structures and pipes at the locations and to the limits as shown on the contract drawings. B. The outside area of the leaching structures shall be backfilled with clean granular porous material as specified. DIVISION 2 - PAGE 30 of 45 DIVISION 2 . SITE WORK . . C. Pipes are to be installed to the lines and grades as indicated on the plans. D. The Engineer reserves the right to reject backfill material if in his opinion contains deleterious material. The Engineer shall determine if the compaction effort is sufficient to complete the installation. , E. Frames and grates/covers shall be installed to the grades as indicated on the plans. F. Frames and grates/covers shall be well mortared in place. METHOD OF PAYMENT All costs for stormwater drainage shall be included within the payment items (5, 5a, 6 and 7) as defined in the Proposal Form of the specification. END OF SECTION 02630 - STORMWATER DRAINAGE . DIVISION 2 - PAGE 31 of 45 . DIVISION 2 . SITE WORK . SECTION 02722 - PAVEMENT SUBBASE PREPARATION WORK INCLUDED . The work shall include stripping and removing unsuitable materials, performing cut and fill operations, adjusting existing castings to proposed grade and fine grading the surface to construct a subbase for the proposed walkway, roadway and parking fields in accordance with the plans, specifications and/or as directed by the Engineer. CONSTRUCTION DETAILS A. In the area that will receive pavement, the Contractor shall strip, remove and dispose of, all asphalt, concrete and unsuitable material containing organic matter, such as muck, peat, organic silt, topsoil or grass, that is not satisfactory for use for pavement construction. Upon completion of the removal of the unsuitable materials to the satisfaction of the Engineer, the Contractor shall grade the area by cutting and filling as required. Any excess suitable excavated material shall be used for various backfilling operations. No additional payment will be made for re-handling of this material. In the event that during subbase preparation operations additional fill is required to stabilize the subbase and/or to achieve the specified grade, the Contractor to import Clean Granular Fill under the Unclassified Excavation and Grading item. B. After the cutting and filling operation is completed, the Contractor shall fine grade and properly compact the subbase. The subbase shall be compacted using a minimum 10-ton roller. The subbase shall be compacted to 90% of maximum density within 3 percent of optimum moisture content in accordance with ASTM D 1557 Modified Proctor. C. The Engineer will be sole judge in determining if the subbase is acceptable for placement of the subsequent courses. The Contractor shall not continue until he has received approval by the Engineer. D. Existing castings (drainage & sanitary) shall be adjusted to the proposed grades with concrete bricks and mortar (if applicable). METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of pavement subbase preparation. All costs for pavement subbase preparation shall be included within the payment item # 9 as defined in the Proposal Form of the specification. END OF SECTION 02722 - PAVEMENT SUBBASE PREPARATION DIVISION 2 - PAGE 32 of 45 . DIVISION 2 - SITE WORK . SECTION 02723 RECYCLED PORTLAND CEMENT CONCRETE AGGREGATE BASE COURSE WORK INCLUDED . This work includes furnishing and installing a Recycled Portland Concrete Cement Aggregate (RCA) base course over an approved subgrade to the depth, lines and grades where shown on the plans and/or as directed by the Engineer. MATERIALS A. The Recycled Portland Cement Aggregate (RCA) material shall conform to the provisions of the Standard Specifications Construction and Materials of the New York State Department of Transportation of January 2, 2002 (metric units ). B. The Contractor shall perform and submit laboratory analysis to verify conformance of this material. Test results shall be submitted to the Engineer prior to acceptance of this material. The cost for all laboratories testing of the material shall be borne by the Contractor. CONSTRUCTION DETAILS Upon approval of the compacted soil subbase by the Engineer, the Contractor shall furnish, place and compact the recycled concrete aggregate to the specified lines and grades. Tolerance of the compacted RCA base course shall be plus/minus Y. inch. METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of Recycled Portland Concrete Cement Aggregate (RCA) base course. All costs for Recycled Portland Concrete Cement Aggregate (RCA) base course shall be included within the payment item #9 as defined in the Proposal Form of the specification. END OF SECTION 02723 - RECYCLED PORTLAND CEMENT CONCRETE AGGREGATE BASE COURSE . DIVISION 2 - PAGE 33 of 45 . DIVISION 2 . SITE WORK . SECTION 02740 ASPHALTIC CONCRETE PAVEMENT WORK INCLUDED A. This work includes furnishing all labor, materials, equipment, and incidentals necessary to construct new asphaltic concrete pavement for the proposed roads and parking fields in accordance with the plans and specifications and as directed by the Engineer. B. The Hot Mix Asphalt material shall conform to the provisions of the Standard Specifications Construction and Materials of the New York State Department of Transportation of January 2,2002 (metric units). REFERENCE STANDARDS In addition to complying with all pertinent codes, regulations, and specifications comply with the referenced or applicable portions of the provisions of the Standard Specifications Construction and Materials of the New York State Department of Transportation of January 2,2002 (metric units). MATERIALS A. Tack Coat - The bituminous tack coat shall meet all requirements the New York State Department of Transportation Standard Specifications of January 2, 1995 for Item 407.01 Tack Coat. B. Asphalt Concrete-Tvpe 3 Binder Course - The asphalt concrete binder course shall meet all requirements the New York State Department of Transportation Standard Specifications, January 2, 2002, Section 403 Hot Mix Asphalt (HMA) Pavements for Municipalities. C. Asphalt Concrete-Type 6F Top Course - The asphalt concrete top course (High Friction) Marshall Design shall meet all requirements the New York State Department of Transportation Standard Specifications, January 2, 2002, Section 403 Hot Mix Asphalt (HMA) Pavements for Municipalities. INSTALLATION A. All Construction Details requirements of the New York State Department of Transportation Standard Specifications of January 2, 2002 shall apply except as herein modified. B. No asphalt concrete courses shall be place prior to Engineer's acceptance of the base course. C. Tack coat shall be applied to curb faces abutting proposed asphalt concrete DIVISION 2 - PAGE 34 of 45 . DIVISION 2 - SITE WORK . pavement immediately prior to placement of the new pavement. D. Existing asphalt placement to be resurfaced shall be machine swept by the Contractor prior to the placement of the new pavement. It shall be the Contractor's responsibility to insure that the pavement is thoroughly clean, free of all mud, dust and other loose material, and to the satisfaction of the Engineer, immediately prior to the application of the bituminous mixture. All loose material shall be removed with power operated sweepers and/or hand brooms as may be required and trucked from the construction site to the disposal areas approved by the Engineer. Immediately prior to asphalt resurfacing the Contractor shall apply a tack coat over the existing asphalt pavement. E. The asphalt concrete courses shall each be laid down in one lift, to the compacted depth, as shown on the plans. METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of asphaltic concrete pavement. All costs for asphaltic concrete pavement shall be included within the payment item #9 as defined in the Proposal Form of the specification. END OF SECTION 02740 - ASPHALTIC CONCRETE PAVEMENT DIVISION 2 - PAGE 35 of 45 . DIVISION 2 - SITE WORK . SECTION 02772 - CONCRETE CURB WORK INCLUDED A. Under this Item, the Contractor shall construct a conventionally formed concrete curb in accordance with the Details, Specifications and/or as directed by the Engineer. B. The construction of the concrete curbs shall meet the requirements of the New York State Department of Transportation Standard Specifications of January 2, 2002, as amended for Section 609 Conventionally Formed or Machine Formed Concrete Curb except as herein modified. MATERIALS A. The materials shall meet the requirements of the following subsections of Section 700 - Material: Portland Cement Fine Aggregates Coarse Aggregates Premolded Resilient Joint Filler Wire Fabric For Concrete Reinforcement Polyethylene Curing Covers Water 701-01 703-01 703-02 705-07 709-02 711-04 712-01 B. The material requirements and composition shall comply with the Specifications for Class "A" concrete in Section 501 - Portland Cement Concrete - General. Concrete shall be proportioned in accordance with the aggregate weights specified for Class "A" concrete in Table 501-3, Concrete Mixtures. C. The concrete cement shall have a minimum compressive strength of 3,500 psi at 28 days. CONSTRUCTION DETAILS A. The curb shall be conventionally formed to the size and shape shown on the Details or as directed by the Engineer. B. Curbs shall not be poured monolithically with the sidewalk unless otherwise directed by the Engineer. C. Castinq Seqments - Curb shall be cast in segments having a uniform length of approximately 20 feet. Segments shall be separated by contraction scoring. Contraction scoring shall be 1/4" wide x 1" deep - 'Y" shaped. DIVISION 2 - PAGE 36 of 45 . DIVISION 2 . SITE WORK . D. Expansion Joints - Expansion joints 3/4 inch in width shall be formed with "Premolded Resilient Joint Filler", Section 705-07 placed at twenty (20) foot intervals as shown on the Plans and specified by the Engineer. The filler material shall be cut 1/4" below top of the curb. E. Forms - Forms shall be steel or wood, straight, free from warp, and of such construction that there will be no interference to inspection for grade or alignment. All forms shall extend for the full curb depth and shall be braced and secured adequately so that no displacement from alignment will occur during placing of concrete. F. Handlinq and Placinq Concrete - Concrete shall be placed in the forms in accordance with the applicable requirements of Section 555-3.04 and shall be compacted with an approved, immersion type mechanical vibrator. The vibrator shall be of the size and weight capable of thoroughly vibrating the entire mass without damaging or misaligning the forms and shall be approved by the Engineer. Forms shall be left in place for 24-hours or until the concrete has sufficiently hardened, as determined by the Engineer, so that they can be removed without injury to the curb. Upon removal of the forms, the exposed faces of the curb shall be immediately rubbed to a uniform surface. Rubbing shall be accomplished by competent finishers. No plastering will be permitted. G. Concrete Curinq - Curing of the curb shall comply with the requirements of Section 502-3.11, Curing. Minimum curing periods for the various types of curing materials used shall comply with the requirements of Table 502-3. H. Protection - The Contractor shall keep the curb clean, aligned and protected from damage until final acceptance of the work. Any curb damaged prior to the final acceptance of the work shall be repaired or replaced at the Contractor's expense. METHOD OF PAYMENT All costs for concrete curb shall be included within the payment item #8 as defined in the Proposal Form of the specification. END OF SECTION 02772 - CONCRETE CURB DIVISION 2 - PAGE 37 of 45 . DIVISION 2 - SITE WORK . SECTION 02891 - SIGNAGE WORK INCLUDED This work includes furnishing all labor, materials, equipment, and incidentals necessary to install new signs for the proposed roads and parking fields in accordance with the plans and specifications and as directed by the Engineer. Proposed signs shall include but not be limited to directional signs, handicapped parking signs, and traffic signs. The construction of the signs shall meet the requirements of the New York State Manual of Uniform Traffic Control Devices (NYS MUTCD) Volume 178 of the New York Codes, Rules and Regulations. MATERIALS A. Sion Panels - The aluminum sign panels shall meet all requirements of the New York State Manual of Uniform Traffic Control Devices (NYS MUTCD) Volume 178 of the New York Codes, Rules and Regulations. 8. Concrete for Foundations - The concrete foundations shall meet all requirements of the New York State Manual of Uniform Traffic Control Devices (NYS MUTCD) Volume 178 of the New York Codes, Rules and Regulations s. C. Sion Posts and Support Svstems - The sign posts and support systems shall be galvanized steel and meet all requirements of the New York State Manual of Uniform Traffic Control Devices (NYS MUTCD) Volume 178 of the New York Codes, Rules and Regulations. INST ALLA TION A. All Construction Details requirements of the New York State Manual of Uniform Traffic Control Devices (NYS MUTCD) Volume 178 of the New York Codes, Rules and Regulations shall apply except as herein modified. 8. No signage shall be place prior to Engineer's acceptance of the proposed sign location. METHOD OF PAYMENT All costs for signage shall be included within the payment item #15 as defined in the Proposal Form of the specification. END OF SECTION 02891 - SIGNAGE DIVISION 2 - PAGE 38 of 45 . DIVISION 2 - SITE WORK . SECTION 02900 - BEACH GRASS PLANTING DESCRIPTION The Contractor shall furnish labor, equipment and materials necessary to complete the beach grass planting within the indicated planting areas in accordance with the plans and specifications and as directed by the Engineer MATERIALS Plants shall be Cape American Beach Grass (Ammophilia breviliQlata 'Cape'). The plants shall be complete with NYS Certified Field Inspection Tag and each plant will be comprised of 3 to 5 culms. All plant material shall be true to name and size in conformity with the following standard: 1. Hortus Third. 1976. Revised and expanded by the staff of the Liberty Hyde Bailey Hortorium, New York, NY: Macmillan Publishing Co. PLANT MATERIAL AND INSTAllATION They shall be sound, healthy and vigorous, of uniform growth, typical of the species and variety, well-formed, free from irregularities. This strain of beach grass should not be planted in the summer. Fertilize in the spring with 80 pounds of inorganic nitrogen fertilizer per acre as approved by the engineer. Plants shall have well-established roots and be planted bare root by hand. The spacing shall be a minimum of 12" on center over the disturbed areas resulting from the installation of the sanitary and drainage field installation. Planting shall be in staggered rows. Delivery: All plants shall be packed, transported, and handled with the utmost care to ensure adequate protection against injury. Plants with broken, cracked or damaged will not accepted and the plant material shall be replaced at no extra cost to the Town. Any inspection certificates required by law shall accompany each shipment invoice. Inspection: The contractor shall plant no plant material until it is inspected and approved by the Engineer at the site of the project. The Engineer shall be the sole judge of the quality and acceptability of the materials. All rejected material shall be immediately removed from the site and replaced with acceptable material at no additional cost. DIVISION 2 - PAGE 39 of 45 . DIVISION 2 - SITE WORK . MAINTENANCE: At the time of planting, the soil around each plant shall be thoroughly saturated with water, and as many times later as seasonable conditions require, until final acceptance of the plant materials. Maintenance shall include watering, weeding, cultivating, control of insects, fungal infections, and other diseases by means of spraying with an approved insecticide or fungicide, pruning, and other horticultural operations necessary for the proper growth of all plants, and for keeping the entire area within the contract limits neat in appearance until the final acceptance and completion of the whole work of this contract. The maintenance schedule for the beach grass plantings shall continue for a period of time not to be less than 1 year or until such time as to become fully established and has begun to spread such that the occurrence of weeds is non-existent or incidental to the plantings. MEASUREMENT AND PAYMENT The quantity of beach grass planting to be paid for under this item (#12) shall be the number of plantings (plugs) as required by the contract drawings, which have been fertilized and maintained satisfactorily in accordance with the plans, specifications and directions of the Engineer. The price bid shall include all labor, materials, equipment, and the performance of all operations and work necessary to complete the beach grass plantings in conformity with the plans and specifications. END OF SECTION 02900 - BEACH GRASS PLANTING DIVISION 2 - PAGE 40 of 45 . DIVISION 2 - SITE WORK . SECTION 02911 - TOPSOIL DESCRIPTION The contractor shall furnish all labor, materials, equipment and incidentals necessary for hauling, stockpiling, testing, placing, grading, and compacting of topsoil in accordance with the Specifications, Engineer and as indicated on the Contract Drawings. SUBMITTALS Contractor shall submit test results for all mechanical and chemical properties of the topsoil to be delivered to the site MATERIALS A. Topsoil shall be the surface layer of soil with no admixture of refuse or material toxic to plant growth and shall be free from subsoil, stumps, roots, brush, stones, clay, lumps or similar objects larger than 2" in greatest diameter. The organic content shall not be less than 5% or more than 20% as determined by loss on ignition of moisture free samples dried at 100 degrees. B. The pH of the topsoil shall be between 5.5 and 7.6. C. All topsoil shall meet the following mechanical analysis: Percent Passim:! 1" Screen '.I. Screen No. 100 mesh No. 200 mesh 100 65-90 20-80 20-80 . No more than 60% of the material passing the No. 100 mesh sieve shall consist of clay, as determined by the Bouyocous Hydrometer or by the decantation method. All percentages shall be based on dry weight of samples. CONSTRUCTION DETAILS No topsoil shall be spread until the subgrade elevations and the topsoil have been approved by the Engineer. DIVISION 2 - PAGE 41 of 45 . DIVISION 2 - SITE WORK . All equipment tracks, depressions, etc., shall be graded smooth. The topsoil shall be uniformly compacted. METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of topsoil. All costs for topsoil shall be included within the payment item #14 defined in the Proposal Form of the specification. END OF SECTION 02911 - TOPSOIL . DIVISION 2 - PAGE 42 of 45 . DIVISION 2 - SITE WORK . SECTION 02920 - HYDROSEED . DESCRIPTION The Contractor shall furnish all labor, materials, equipment and incidentals necessary to apply hydroseeding, amend the soil and establish an acceptable stand of grass as specified, shown on the Contract Drawings and as approved by the Engineer. SUBMITTALS The Contractor shall submit to the Engineer all items described in subsequent sections as outlined by the following schedule: A. Prior to hydroseeding material delivery to the project site: 1. Certified seed mixture. 2. Certified soil amendments, Le. fertilizer, lime, peat moss, etc. as required per Agricultural Laboratory recommendations. The Contractor shall submit the report to the Engineer. 3. Certified wood fiber mulch. B. Upon completion of hydroseeding: 1. Maintenance instructions for Owners maintenance after final acceptance. 2. Statement of warranty (1 year maintenance) . MATERIALS A. The seed mixture should be as follows and applied at a rate of 300 pounds per Acre: 70% Red Fescue (Festuca Rubra) 15% Affinity Perennial Ryegrass 15% PS 8990 Perennial Ryegrass DIVISION 2 - PAGE 43 of 45 . DIVISION 2 . SITE WORK . B. All fertilizer and lime shall be of commercial grade. . C. A 100% wood fiber mulch binder should be incorporated into the seed mixture at a rate of eight (8) pounds mulch per one (1) pound of seed. D. The 100% wood cellulose requirements: Organic Matter Ash Content pH Water Holding Capacity fiber mulch binder should meet the following 98% :1:2% 1.4% 6:1:2 90% minimum CONSTRUCTION DETAILS A. Any existing vegetation determined by the Engineer to be unsuitable shall be removed by the Contractor prior to installing jute or erosion control mat. B. Seeding shall be done between April 15th to June 15th or September 1st to November 15th. C. Soil amendments shall be granular type incorporated into the top three inches of soil. The Contractor may utilize liquid type with manufacturer's certification and Engineer's approval. D. The manufacturer's representative and/or installation guidelines should be consulted for more specific installation guidelines. ." E. Seeding: Every effort shall be taken to obtain a uniform distribution over the seeded area. The hydroseeder shall have continuous agitation action that keeps the seed mixed in the water slurry until pumped form the tank and the pump pressure shall be maintained such that a continuous pump pressure shall be maintained such that a continuous non-fluctuating stream is maintained. If distribution of hydroseeding is not uniform, the affected area shall be re-seeded at the Contractor's expense. The seed-fertilizer mixture shall be used within 4 hours of adding the seed to the tank. Seed that is allowed to remain mixed with the fertilizer for longer than 4 hours will not be accepted for ruse and no compensation will be made for seed so rejected. . F. Maintenance of Grass: The Contractor shall maintain the seeded area without additional payment until a uniform stand of grass approximately two and one- half (2-1/2) inches high has been obtained. Any areas that have been damaged or fail to show a uniform stand of grass shall be re-fertilized and re- seeded with the original mixture at the Contractor's expense until all the designated areas are covered with grass. The Contractor shall properly water, DIVISION 2 - PAGE 44 of 45 . DIVISION 2 . SITE WORK . protect if necessary, the areas until a satisfactory stand is obtained. . G. When any portion of the surface becomes gullied or otherwise damaged, or when treatment is destroyed, the affected portion shall be repaired to re- establish condition and grade of soil and treatment prior to injury as directed at no additional cost to the Owner. Repair work required because of faulty operations (delays) or negligence on the part of the Contractor shall be performed without additional cost to the Owner. The Contractor shall make any repairs as directed by the Engineer before final acceptance. . METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of hydroseed. All costs for hydroseed shall be included within the payment item #14 as defined in the Proposal Form of the specification. END OF SECTION 02920 - HYDROSEED DIVISION 2 - PAGE 45 of 45 Invitation to Bid NEW IUFFlll IIIIINIE IMPIIIEMEND First Street & Jackson Avenue NEW SUFFOLK, NEW YORK 11956 ~ Date: June 28, 2007 ~~II. \Uf..FQ..~.tQ4>. ~ ~ CI . 010 !It $ ~ ~. ~~ ~<q .. ~~ SOUTHOLD TOWN ENGINEERING DEPARTMENT SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD . INDEX TO SPECIFICATIONS . BIDDING REQUIREMENTS Invitation to Bid.......... .............................. ................. ...... Instructions to Bidders......... ................ .................... ......... Statement of Non-Collusion ............................................ Proposal Form................................................................ N.Y.S. Affirmative Action Certification.................................. AlA Bid Bond ................................................................ GENERAL CONDITIONS Section A - (1 Page) Section B - (2 Pages) Section C - (1 Page) Section D - (7 Pages) Section E - (1 Page) AlA Document # A31 0 AlA Performance Bond.................................................... AlA General Conditions ........................................... Supplementary General Conditions ...... ............................ Prevailing Wage Rates.................................................... Note: Wage Rate Information to be provided by Suffolk County Department of Labor Payroll Certification forms ...... ........................... ... ....... Compliance with the Labor Law & Other Dept. of Labor Regulations............................. Non-Discrimination Clause ........................................... PROJECT SPECIFICATIONS AlA Document # A311 AlA Document # A201 Section F - (2 Pages) Section G - ( Pages) Section H - (2 Pages) Section I - (8 Pages) Section J - (2 Pages) DIVISION TWO - SITE WORK ......................................... Division 2 (45 Pages) PROJECT DRAWINGS COVER SHEET ........................................................... EXISTING CONDITIONS ............................................... DEMOLITION PLAN ............ ... ........... ....... ... ... ... ........... PROPOSED PLAN ....................................................... DETAILS .................................................................... SHEET # 1 OF 5 SHEET # 2 OF 5 SHEET # 3 OF 5 SHEET # 4 OF 5 SHEET# 50F5 . . INVITATION TO BID PROJECT: New Suffolk Drainage Improvements located on First Street & Jackson Avenue and more particularly shown on the Contract Drawings herein. The Town Board of the Town of Southold will receive bids for furnishing all materials and equipment as specified in the bid documents for the supply, construction and installation of drainage improvements and road reconstruction in accordance with the Drawings & Specifications as prepared by the office of L. K. McLean Associates. Bids will be received at the office of the Southold Town Clerk, South old Town Hall, 53095 Main Road, Southold, New York 11971, until 10:00 AM, 19th Day Julv Month 2007. Year All specifications are provided herein: drawings to be attached. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance Bonds or other Security deemed acceptable by the Town Attorney's Office and in the amount of 100% of the contract price shall be required of the successful bidder. Please advise if you intend to bid or not. Dated: Mav 8. 2007 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville South old Town Clerk New Suffolk Drainage Improvements A-1 . . INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to supply all materials in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% ofthe total bid, for each item bid, and made payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgment, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, their authorized agents, and other interested parties are invited to be present. New Suffolk Drainage Improvements B-1 . . E. AWARD OF CONTRACT Award of contract will be made as soon as practical. A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract as stipulated herein. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to witl'1draw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineations, erasure or corrections may be rejected. H. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of South old and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than ninety (90) working days. New Suffolk Drainage Improvements B-2 . . STATEMENT OF NON.COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1,1966, every bid or proposal hereafter made to a political subdivision ofthe State of any public department, agency, or official thereof orto a fore district or any agency or official thereofforwork or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission ofthis bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of aJolnt bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or 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 penallles of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing In its behalf. C. That attached hereto (if a corporate bidder) Is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved thaCThQI'AA~ ? ~<f" of the \,! \-\$ f'I\~ten~h :I:N<. be (Name of signatory) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: New Suffolk Drainage Improvements located on First Street & Jackson Avenue and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements In such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the }'-J -f t"'I-h, ~ co." ~ dayof 'Ue<:.~mbGr ,20<;)'5" . (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-<1, as amended & effective on September 1, 1965. ~t9~ Signature New Suffolk Drainage Improvements C -1 . . PROPOSAL FORMS Date: 1-1'1- U/ NAME of BIDDER: \,..J \1 S f"\ ~-rE'R i A L"5 'J:N L.. 'P,D. ~ox '5~ Cu\-~V~ N~ \"\",,?>S- Telephone: l,,:.\ - ~- '-t 4 blo TO: SOUTH OLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: April 2007, including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda,(Note: acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the following project: New Suffolk Drainage Improvements - First Street and Jackson Avenue And; all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by L. K. McLean Associates, and shall comply with all the stipulations contained therein and will furnish the required Performance Bond; and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below. And; He further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements ofthe Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be retumed to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) Days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: --7tPb Bidders Address: Po 8(Jl( -67 f Ct/fchogu-t N_Lf. /Iq f~ Telephone Number: Date: &'3,. d-7Y- Lf<-/bb --;- Jq. DJ New Suffolk Drainage Improvements 0-1 . TOWN OF SOUTHOLD .. NEW SUFFOLK DRAINAGE IMPROVEMi!frrS Itemized Proposal for: Town of Southold LKMA Project No. 07010.000 ITEM DESCRIPTION OF ITEM ESTIMATED UNIT UNIT PRICE EXTENDED BID AMOUNT NO. (Fill in Unit Price Written in Words) QUANTITY BID - 1 General Conditions and Mobilizations 1 LS wt:~ 4S,/OD Y5", ,aO for \b... <+ ~,,-<. TI-?"~~ ~ 7 S . Dollars Cents Method of Measurement: The amount bid shall include supervision and management, on-going project-related expenses, insurances, bonding, labor, materials, equipment, and incidentals necessary to mobilize, construction staging, re-mobilization to the construction site, meet all of the general requirements set forth under Division 1, comply with all conditions set forth in the Conditions of Contract and General Conditions of the Contract and demobilize from the construction site upon successfui completion of the project. Method of Pavrnent: Payment for this item will be made in three (3) payments; a. Fifty Percent (50%) upon complete mobilization to the site. b. Twenty Five Percent (25%) upon second partial payment request. c. Twenty Five Percent (25%) upon successful completion and acceptance of the project. Intent: This bid item shall facilitate requirements of Division 01000 of the specification and construction operations. 2 Erosion and Sediment Control 1 LS for-FOv("""h:>V5"'c.~ ~\p~ /LS ~UOV Yuoo , Dollars Cents Method of Measurement: The amount bid shall include all labor, materials and equipment necessary to proVide erosion and sediment control in accordance with the Contract Drawings and the NYS Standards for Erosion and Sediment Control. Including weekly inspection, maintenance, reports, repair and removal. Method of Pavment: The Contractor shall receive the lump sum payment for Erosion and Sediment Control performed as specified, shown on the Contract Drawings and as approved by the Engineer. Payment for this item will be made in three (3) payments; a. Fifty Percent (50%) upon first partial payment. b. Fifty Percent (50%) upon final payment. !!l!!!:!t The Contractor shall install, maintain and remove all sediment and erosion control methods use for construction and as required under the permit conditions as needed and shown on the Construction Drawings. 3 Site Demolition, Clearing and Removals 1 LS for ~,,~ ~~2 /LS '-\~2~ 1-\<:) U<J ~ . \ Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be lump sum for the Site Demolition, Clearing and Removals measured in place and accepted in accordance with the specifications and drawings. -Method of Pavment: The quantity of accepted Site Demolition, Clearing and Removals shall be measured and paid for at the contract unit price per lump sum bid as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including carting/disposal fees, safety fencing, maintenance and protection of traffic, temporary removal of guardbooth, deleterious or unsuitable materials, retaining walls, rock walls, saw cutting, pavements, all items in conflict with proposed construction (as defined by the Contract Drawings), debris removal from site, clean-up, construction layout and sawcutting. Intent: The Contractor shall remove and dispose of all existing items as required for installation of the proposed items as shown on the Construction Drawings while maintaining controlled access to the site with maintenance and protection of traffic and pedestrians during the entire length of construction. . CONTINUED ON NEXT PAGE . TOWN OF SOUTH OLD . NEW SUFFOLK DRAINAGE IMPROVEM~S Itemized Proposal for: Town of Southold LKMA Project No. 07010.000 ITEM DESCRIPTION OF ITEM ESTIMATED UNIT UNIT PRICE EXTENDED BID AMOUNT NO. (Fill in Unit Price Written in Words) QUANTITY BID - Site Preparation, Unclassified Excavation & 4 2,400 Cy Grading ~,c:a I q d-Oa - for_c. ~"'-+ 0:,\\0,,<""> " h I Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the volume of material cut and filled for the purpose of establishing proper proposed subgrade elevation. The volume shall be calculated by the topographic comparison between a pre-construction survey and as-built/record survey. Method of Payment: The quantity of accepted Site Preparation, Unclassified Excavation & Grading shall be measured and paid for at the contract unit price per cubic yard bid as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including Licensed Land Surveying, layout. rough grading, site cut-to-fill, clean soils, transportation, spoils removal, compaction and meeting the proposed grades. Intent: The Contractor shall perform all necessary earthwork and grading (cut and fill) of the existing site in order to meet all proposed grades as shown on the drawings. 5 Proposed Leaching Basins with Drainage Field - 106 EA Complete with St~e, Covers, Castings 0f\A.~0.~('" ".^~c.. 14d~,~ 15J.WJ9 'ft-( fo~ I....(,....~.'"\ N \1\'1... ;hl\:>"''' . :l~EA Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the number of Proposed Leaching Basins with Drainage Field measured in place and accepted in accordance with the specifications and drawings. Method of Pavment: The quantity of accepted Proposed Leaching Basins with Drainage Field shall be measured and paid for at the contract unit price per each bid as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including layout, excavation, 6" PVC piping, fittings, stone, filter fabric, precast structures, brick leveling course, covers, castings, backfill and compaction. !l!!!!!t The Contractor shall install the proposed interconnected precast leaching basin system with all associated materials as shown on the Construction Drawings. 5a Proposed 8' Diameter Leaching Basin 2' Deep 3 EA Complete Traffic Bearing Cover & Casting L/ cl rsi.1ci .of',.(.. ThQv<y>,",c ~r HoJ"'~~c III a.c, ,~~ forrwe;,o... N i",,- l),.,) \..~S o~-.. lEA , Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the number of individuai Proposed 8' Diameter Leaching Basin measured in place and accepted in accordance with the speCifications and drawings. Method of Payment: The quantity of accepted Proposed 8' Diameter Leaching Basin (2' Deep) shall be measured and paid for at the contract unit price per each bid as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including layout, excavation, precast structure, brick leveling course, cover, castings, backfill and compaction. Intent: The Contractor shall install the proposed individual precast leaching basin (8' wide x 2' deep) with all associated materials as shown on the Construction Drawings. CONTINUED ON NEXT PAGE . TOWN OF SOUTH OLD .. NEW SUFFOLK DRAINAGE IMPROVEMEf'frS Itemized Proposal for: Town of Southold LKMA Project No. 07010.000 ITEM DESCRIPTION OF ITEM ESTIMATED UNIT UNIT PRICE EXTENDED BID AMOUNT NO. (Fill in Unit Price Written in Words) QUANTITY BID - 6 Proposed 4' Diameter Concrete Lateral Basin 5 EA ~J \)0.<:>:::> 1'2>) 500' ~ll fo-;T '-= -n-,::''''n,,~ ~ \\."~"L ~EA - Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the number of Proposed 4' Diameter Concrete Lateral Basins measured in place and accepted in accordance with the specifications and drawings. Method of Pavment: The quantity of accepted Proposed 4' Diameter Concrete Lateral Basins shall be measured and paid for at the contract unit price per each bid as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including layout, excavation, stone, filter fabric, precast structures, brick leveling course, covers, castings, backfill and compaction. !!!!!!!!!; The Contractor shall install the proposed lateral basins with all associated materials as shown on the Construction Drawings. 7 Proposed 8' Diameter Storm Drain 10 EA . forlh<'a -r~,,:><,>,,< S,,, "u~~EA ~ bC:O.;:)~ 361VOO. ~() Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the number of Proposed 8' Diameter Storm Drains measured in place and accepted in accordance with the specifications and drawings. Method of Pavment: The quantity of accepted Proposed 8' Diameter Storm Drains shall be measured and paid for at the contract unit price per each bid as called for in the proposal form. This price shall constitute full compensation for fumishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including layout, excavation, stone, filler fabric, precast structures, brick leveling course, covers, castings, backfill and compaction. Intent: The Contractor shall install the proposed storm drains with all associated materials as shown on the Construction Drawings. 8 Concrete Curb. Standard & Mountable 1,300 LF for-r~,,"'-\'.., Ihru Lt,\\o..-oo( ILF d~\()u d.'1,'1()() .-;)0 Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the number of lineal feet of Concrete Curb (standard & !mountable) measured in place and accepted in accordance with the specifications and drawings. Method of Pavment: The quantity of accepted concrete curb shall be measured and paid for at the contract unit price per linear foot bid as called for in the proposal form. This price shall constitute full compensation for fumishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including earthwork, rough grading and mountable curb restoration. !!!!!!!!!; The Contractor shall install the proposed concrete curb (standard & mountable) to the grade and limits as shown on the Construction Drawings. CONTINUED ON NEXT PAGE . TOWN OF SOUTHOLD . NEW SUFFOLK DRAINAGE IMPROVEMEff'fS Itemized Proposal for: Town of Southold LKMA Project No. 07010.000 ITEM DESCRIPTION OF ITEM ESTIMATED UNIT UNIT PRICE EXTENDED BID AMOUNT NO. (Fill in Unit Price Written in Words) QUANTITY BID . 9 Proposed Asphalt Pavement. Full Depth 44,000 SF forr;,., '" L>,i\..<.....~" ~^b.,.t;..v-.. 'U-~F '). \ 75"" I'd) ;C)uo.::lO . Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the square feet finished surface area for Proposed Asphalt Pavement - Full Depth measured in place and accepted in accordance with the specifications and drawings. Method of PaYment: The quantity of accepted Proposed Asphalt Pavement - Full Depth shall be measured and paid for at the contract unit price per square foot bid as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including layout, RCA installation, proof rolling of RCA, sawcutting of existing limit of asphalt, Type 3 asphalt binder installation, Type 6 asphalt top installation, sweeping, AC all joints, milling at transitions, staging between operations, and construction sequencing. !!l!!!!!: The Contractor shall install the proposed full depth asphalt paving including RCA base, sawcutting (if not required under Item #3), asphalt binder coarse and asphalt top coarse as needed and shown on the Construction Drawings. 10 Proposed GuideraiJ Restoration 1 LS ~<::> fo;lW'l\v-<, IY\oJ5<>--2, ILS )~ \():)'V I'dPOO. Dollars Cents Method of Measurement: The lump sum to be paid for under this item shall be for the full removal, temporary storage and full replacement/reinstallation of the existing guiderail system in accordance with the specifications and drawings. Method of PaYment: The quantity of accepted Proposed Guiderail Restoration shall be measured and paid for at the lump sum price as called for in the proposal form. This lump sum price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. !!!!!m; The Contractor shall remove the existing guierail system to allow for the construction of the leaching field as shown on the Construction Drawings. 11 Proposed 8" Dia. Sch. 80 PVC Lateral Piping 625 LF l( i). 00 -lB.S ,000. 1>0 for-%'" ~ ~'\A~ ILF Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be for each linear foot of the Proposed 8" Diameter Schedule 80 PVC Lateral Pipe furnished and installed in accordance with the specifications and drawings. Method of PaYment: The quantity of accepted Proposed 8" Diameter Schedule 80 PVC Lateral Pipe shall be measured and paid for at the contract unit price per each linear foot as called for in the proposal form. This unit price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this !specification. Including excavation, parging, connections to structures and controlled compacted lifts during backfill. Intent: The Contractor shall install the Proposed 8" Diameter Schedule 80 PVC Lateral Pipe as shown on the Construction Drawings. CONTINUED ON NEXT PAGE . TOWN OF SOUTHOLD . NEW SUFFOLK DRAINAGE IMPROVEMJ!fIffS Itemized Proposal for: Town of Southold LKMA Project No. 07010.000 ITEM DESCRIPTION OF ITEM ESTIMATED UNIT UNIT PRICE EXTENDED BID AMOUNT NO. (Fill in Unit Price Written in Words) QUANTITY BID .12 Beach Grass 1,500 SF ~6,d~ Y~/~, o\:) forT~ t:b)~ j..",\" ~\~ SF , , . Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the area of beach grass measured in place and accepted in accordance with the specifications and drawings. Method of Payment: The quantity of beach grass area shall be m~asured and paid for at the contract unit price per each square foot as called for in the proposal form. This price shall constitute full compensation for furnishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including finegrading, surface preparation, beach grass plugs as shown on the drawings. Intent: The Contractor shall install the proposed beach grass within the specificed area as shown on the Construction Drawings. 13 Pavement Markings - YellowlWhite/Blue Paint 4,000 LF l.a.~ SID()() , 0::' fo 0Nt Dd\",,,... ..",.~... c;,~/LF Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the number of lineal feet of Pavement Markings - YellowlWhite/Blue Paint (including handicap parking symbols) measured in place and accepted in accordance with the specifications and drawings. Pavement striping will be measured in linear feet along the centerline of the pavement stripe, and will be based on a 4 inch wide stripe. Measurement for striping with a plan width greater or less than the basic 4 inches, as shown on the plans or as directed by the Engineer, will be made by the following method. Plan Width of Strioina Cinches) x Linear Feet 4" Method of Payment: The quantity of accepted pavement markings (including handicap parking symbols) shall be measured and paid for at the contract unit price per linear foot bid as called for in the proposal form. This price shall constitute full compensation for fumishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specificati the price bid. No payment will be made for the number of linear feet of skips in the dashed line. Intent: The Contractor shall install all the proposed pavement markings as shown on the Construction Drawings. 14 Topsoil & Seed 15,000 SF fo;-)W'"I\K D:,)\~rS !h"t-l},<<-<./SF \.:) , ~~ J'ff t.f 9f."O . I Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be for each square foot of area where topsoil and seed is proposed in accordance with the specifications and drawings. !Method of Payment: The quantity of accepted Topsoil & Seed area shall be measured and paid for at the contract unit price per square foot as called for in the proposal form. This price shall constitute full compensation for fumishing all labor, materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification. Including fumishing topsoil, specified seed mix (applied at the specified amount) and fertilizer. Intent: The Contractor shall install the proposed topsoil layer and seed in the speficied area as shown on the Construction Drawings. CONTINUED ON NEXT PAGE . TOWN OF SOUTH OLD a NEW SUFFOLK DRAINAGE IMPROVEMmrrS Itemized Proposal for: Town of Southold lKMA Project No. 07010.000 ITEM DESCRIPTION OF ITEM ESTIMATED UNIT UNIT PRICE EXTENDED BID AMOUNT NO. (Fill in Unit Price Written in Words) QUANTITY BID 15 Proposed Handicap Signs 2 EA for~,I\~~&<J .D,)l..",s EA ';).();).= 40'0.av Dollars Cents Method of Measurement: The quantity to be paid for under this item shall be the number of Proposed Handicap Signs measured in place and accepted in accordance with the specifications and drawings. Method of Payment: The quantity of accepted handicap sign shall be measured and paid for at the contract unit price per each bid as called for in the proposal fonm. This price shall constitute full compensation for furnishing all labor. materials, tools and equipment necessary to satisfactorily complete the work as shown on the contract drawings and described in this specification, Including post, sign and footing, Intent: The Contractor shall install the proposed handicap signs at the handicap stalls shown on the Construction Drawings. CONTINUED ON NEXT PAGE TOTAl.f:v< Hv,,2.t-cl ,"'"..\,..... T",o's<>~~ ~'''>r-\.l~v"t~ ~~h" ~""",,,-:::.\...4<L1"\ Dollars - Cents WRITTEN IN WORDS 5'30, r5/, I b Total all Pay Items NOTE: The Town of Southold reserves the right to increase, decrease, or eliminate in its entirety any or all items prior to or after award of the bid. . . 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 WHS n.llb~lllls fl'\c (Bidder) Certifies that: 1. It intends to use the following listed construction trades in the work under the contract ""~~^I1=h:J't"'\<... \ ~~-"t>If'~,~1C<.cn,,,l:::)~~~.Q.......l ll;~~I'" ;and, ~ ~ 2. A. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan It will comply with the said County area within the scope of coverage of that Plan, those trades being: I'I\~"'I ~V\,,~, L)....<s.>P'"'~1 9(PV.O\..~~ ~N"',",:'^~ ; and/or, B. As to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: lv",-~,':'" \ ; and, '.) 3. It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contractthe subcontractor certification required by these Bid Conditions. --;{?~ (Signature of Authorized Representative of Bidder) New Suffolk Drainage Improvements E - 1 THE A!ERICAN INSTITUTE OF JCHITECTS I AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS thatwe WH5 I"\lrlen...\:s i~ I CHere insert full name and addressor legal title of Contractor) as Principal, hereinafter called the Principal, and '"" 115 ~-\>l<";"')~ P1 &::,,,, ~/'6 ovhl.,,,\~ (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of T"'",fY'l"'~ ~~ as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of 'd,l" S4~ .<(,(,., Dollars ($ sa... ;1'lt l, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for I\Jf.W S"vW...\1I.. ~'''''}l. ~pf"H'''''''I..i (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Ptincipal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the 'prosecution thereof, or in the ~vt;nt of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this f)~~~fiIiJ!!fl- I day of 19 ---7&~ (Principal) OW-llH.r P~ffM (TItle) (Seal) (Witness) { (TIlle) (Surely) (Seal) AlA DOCUMENT 1.310' BID BOND. AlA 4t. FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 WARNING: Unlicensed photocopying vlolates U.S. copyrtght 18W8 and Is subject to legal pI088Cutton. . . THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A311 Performance Bond KNOW All MEN BY THESE PRESENTS; that .Here inserl full name i1nd address or legal tille of Contractor) as Principal, hereinafter called Contractor, and, (Here inser! lull name and address or legal lille of Surely) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full n.ame .Ind addren or lesal Iille of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated (Here insert full name, address and description of project) 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architecll which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA OOCUMENJ. AJl1 . PERFOR!\tANCE BOND AND lABOR AND MATERIAL PAYMENT BOND . AlA @ ~'[BRUARY 19:'0 ED.' THE AMfRICAN INSTITUTE OF ARCHITECTS, 1 ;'1') N.Y. AVE.. N.W., WASHINCTON, D. C 20006 1 WARNING: Unlicensed photocopying violates U.S. copyrlghllaws IIId Ia oubject to legol pn>oecullon. . . PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, 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 default under the Contract, the Owner having performed Owner's obligations thereunder, the Surely 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 Its terms and conditions, and upon de. termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this day of defaults under the contract or contracts of completion arranged under this paragraphl 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. Any 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, adminis- trators or successors of the Owner. 19 ! IPrillci/,.I/l ISealJ (W;lm'$:'>) (Tit/c) I fSUf('I)I) (5('.11) (W;In<'$!>J rTirlt., AlA DOCUMENT A311 . PERFORMANCE BONO AND lABOR AND MATERIAL PAYMENT BOND . AlA 8 rEBRUARY mo E1).. THE AMERICAN INSTITUTE Of ARCHITECTS, l7JS N.Y. AVE., N.W., WASHINGTON, D. C. 20006 2 WARNING: Unl_ photocopying vtolateo U.S. copyright IIlWlI Ind II lubject 10 legal pRlO8C:UlIon. .. THE AMERICA. INS TIT UTE .F ARCHITECTS I AlA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 1 I. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13. MISCELLANEOUS PROVISIONS 7. CHANGES IN THE WORK 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915,1918,1925,1937,1951,1958,1961,1%3,1966,1967, 1970, 1976,@1987byTheAmericanInsthuteofArchirects,1735 New Yark Avenue, N ,W., WashIngton, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecutions. 1m CAUTION: You should use an original AlA document which has this caution printed in red. WW An original assures that changes will not be obscured as may occur when documents are reproduced. AlA DOCUMENTA201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTlTUTEOFARCHITECTS, 1735 NEW YORK AVENUE, NW" WASHINGTON, D.C. 20006 A201.1987 1 WARNING: Unlicensed photocopying violates u.s. copyright laws end is subject to iegal prosecution. . Acceptance 01 Nonconlormlng Work. . '9.6.6,9.9.3,12.3 Acceptance ofWark 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 AccesstoWork... 3.16,6.2.1,12.1 Accident Prevention. . . . . . . . . . . .. .. 4.2.3, 10 Acts and Omissions 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, 4.3.9,8.3.1,10.1.4,10.2.5,13.4.2,13.7,14.1 Addenda. 1.1.1,3.11 AdditlonalCost,Claimsfor. 4.3.6,4.3.7,4.3.9,6.1.1,10.3 Additlonallnspections and Testing. 4.2.6,9.8.2,12.2.1,13.5 Additional Time, Claims for .. . : 4,3.6,4.3.8,4.3.9,8.3.2 ADMINISTRATION OF THE CONTRACT 3.3.3,4,9.4,9.5 Advertisement or Invitation to Bid. . . . . . . . . .. 1; 1.1 Aesthetic Effect. .. . . . . .. .. 4.2.13,4.5.1 Allowances ........... 3.6 All-risk Insurance. 11.3.1.1 AppllcstlonslorPayment 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3, 9.8.3,9.10.1,9.10.3,9.10.4, 11.1.3, 14.2.4 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, 4.2.7,9.3.2, 11.3.1.4, 13.4.2, 13.5 4.1.4,4.3.2,4.3.4,4.4.4,4.5, 8.3.1,10.1.2,11.3.9,11.3.10 Architect . .. 4.1 Architect, Definition of.. .... . . . . . 4.1.1 Architect, Extemof Authority. 2.4,3.12.6,4.2-,4.3.2,4.3.6, 4.4,5.2,6.3,7.1.2,7.2.1,7.3.6,7.4,9.2,9.3.1, 9.4,9.5,9.6.3,9.8.2,9.8.3,9.10.1,9.10.3,12.1,12.2.1, 13.5.1,13.5.2,14.2.2,14.2.4 Architect, Limitations of Authority and Responsibility. 3.3.3,3.12.8, 3.12.11,4.1.2,4.2.1,4.2.2,4.2.3,4.2.6,4.2.7, 4.2.10, 4.2.12, 4.2.13,4.3.2,5.2.1,7.4,9.4.2,9.6.4,9.6.6 Architect's Additional Services and Expenses. 2.4,9.8.2, 11.3.1.1,12.2.1,12.2.4,13.5.2,13.5.3,14.2.4 Archhect's Administration ollhe Contract. 4.2,4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 Architect's Authority to Reject Work ... 3.5.1,4.2.6,12.1.2,12.2.1 Architect's Copyright 1.3 Architect's Decisions. 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1, 9.2,9.4,9.5.1,9.8.2,9.9.1,10.1.2,13.5.2,14.2.2,14.2.4 Architect's Inspections. 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, 9.9.2,9.10.1, 13.5 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1,12.1, 13.5.2 4.2.11,4.2.12,4.3.7 4.2.2,4.2.5,4.3.6,9.4.2, 9.5.1,9.10.1, 13.5 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor. 1.1.2,3.2.1,3.2.2, 3.3.3,3.5.1,3.7.3,3.11,3.12.8,3.12.11,3.16,3.18, 4.2.3, 4.2.4, 4.2.6,4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7,12.1,13.5 Architect's Relationship with Subcontractors. 1.1.2,4.2.3,4.2.4, 4.2.6,9.6.3,9.6.4, 11.3.7 9.4.2,9.5.1,9.10.1 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, 9.8.2,9.9.2,9.10.1,13.5 10.1 3.18.1,9.10.2,10.1.4 6.1.1 Approvals Arbitration Architect's Instructions. Architect's Interpretations. Architect's On-Site Observations Architect's Representations. . Architect's Site Visits. Asbestos Attorneys' Fees. . . . . . . . . . . . . A ward of Separate Contracts. Award of Subcontracts and Other Contracts for Portions ollhe Work . . Basic Definitions. Bidding Requirements . Boller and Machinery Insurance . Bonds, Lien Bonds, Performance and Payment. 5.2 1.1 1.1.1,1.1.7,5.2.1,11.4.1 11.3.2 9.10.2 7.3.6.4,9.10.3,11.3.9,11.4 . INDEX Building Permit .. . . . . . . . . . . . . . . 3.7.1 Capltallzatlon... ................. 1,4 Certificate of Substantial Completion. 9.8.2 Cartlflcates lor Payment. 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1, 9.6.6,9.7.1,9.8.3,9.10.1,9.10.3,13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval 3.12.11, 13.5.4 CertificatesofInsurance 9.3.2,9.10.2,11.1.3 ChsngeOrdera. . 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3.3,5.2.3, 7.1,7.2,7.3.2,8.3.1,9.3.1.1,9.10.3,11.3.1.2, 11.3.4,11.3.9, 12.1.2 Change Orders, Definition of . . . . . . . . . . . . . . . . . . . . . . . . 7.2.1 Chsnges. . . .. . . ... . . .. . . . .. . . . .. . . . . ... . 7.1 CHANGES IN THE WORK 3.11,4.2.8,7,8.3.1,9.3.1.1,10.1.3 C1alm,Dellnltlonof... ........... 4.3.1 Clalma and Dlaputas . 4.3,4.4,4.5,6.2.5,8.3.2, 9.3.1.2,9.3.3,9.10.4,10.1.4 Clalmsand Tlmaly Assertion 01 Claims .............. 4.5.6 Claims lor Additional Cost. 4.3.6,4.3.7,4.3.9,6.1.1,10.3 Claims lor Additional Time. 4.3.6,4.3.6,4.3.9,8.3.2 Claims for Concealed or Unknown Conditions. . 4.3.6 Claims for Damages. . .3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, 10.1.4 Claims Subject to Arbitration. 4.3.2.4.4.4,4.5.1 ClesnlngUp ........... 3.15,6.3 Commencement 01 Statutory Limitation Period . . . . . . . . .. 13.7 Commencement of the Work, Conditions Relating to . 2.1.2, 2.2.1,3.2.1,3.2.2,3.7.1,3.10.1,3.12.6,4.3.7,5.2.1, 6.2.2, 8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Commencemem of the Work, Definition of . .......... 8.1.2 Communications Facilitating Contract Administration 3.9.1,4.2.4,5.2.1 Completion, Conditions Relating to . 3.11,3.15,4.2.2,4.2.9, 4.3.2,9.4.2,9.8,9.9.1,9.10,11.3.5,12.2.2,13.7.1 COMPLETION,PAYMENTSAND............... 9 Completion, Substantial. 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, 9.8,9.9.1,12.2.2, 13.7 Compliance with Laws .. 1.3,3.6,3.7,3.13,4.1.1, to.2.2, 11.1, 11.3,13.1,13.5.1,13.5.2,13.6,14.1.1,14.2.1.3 Concealed or Unknown Conditions. 4.3.6 Conditions of the Contract 1.1.1,1.1.7,6.1.1 Consent, Written 1.3.1,3.12.8,3.14.2,4.1.2, 4.3.4,4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.42 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS. . 1.1.4,6 Construction Change Directive, Definition of. . . . . . .. 7.3.1 Conetructlon Change Dlractlves . 1.1.1,4.2.8,7.1,7.3,9.3.1.1 Construction Schedules, Contractor's . 3.10,6.1.3 Contingent Assignment of Subcontracts 5.4 Continuing Contract Performance 4.3.4 Contract, Definition of . 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 4.3.7,5.4.1.1,14 Contract Administration 3.3.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to . 3.7.1, 3.10,5.2,9.2,11.1.3,11.3.6,11.4.1 Contract Documents, The 1.1,1.2,7 Contract Documents, Copies Furnished and Use of. 1.3,2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Performance During Arbitration . 4.3.4,4.5.3 Contract Sum . 3.8,4.3.6,4.3.7,4.4.4,5.2.3, 6.1.3,7.2,7.3,9.1,9.7,11.3.1,12.2.4,12.3,14.2.4 Contract Sum, Definition of. 9.1 Contract Time 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3, 8.2.1,8.3.1,9.7,12.1.1 Contract Time, Definition of . 8.1.1 2 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHlTECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates US. copyright laws and Is subject to ~81 prosecution. . CONTRACTOR... ......... ....3 Contractor, Definition of 3.1,6.1.2 Contractor's Bid. . . . . .... 1.1.1 Contractor's Construction Schedules . 3.10, 6.1.3 Contractor's Employees. .. . 3.3.2,3.4..2,3.8.1,3.9,3.18,4.2.3, 4.2.6,8.1.2,10.2, 10.3, 11.1.1, 14.2.1.1 Contractor's Llsblllty Insurance. . . . . . . . . . . . . . 11.1 Contractor's Relationship with Separate Comractors and Owner's Forces. . . 2.2.6,3.12.5,3.14.2, 4.2A,6, 12.2.5 Contractor's Relationship with Subcontractors. . 1.2.4,3.3.2, 3.18.1,3.18.2,5.2,5.3,5.4,9.6.2,11.3.7,11.3.8, 14.2.1.2 Contractor's Relationship with the Architect 1.1.2, 3.2.1,3.2.2, 3.3.3,3.5.1,3.7.3,3.11,3.12.83.16,3.18,4.2.3,4.2.4,4.2.6, 4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7,12.1,13.5 Contractor's Representations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Contractor's Responsibility for Those PerformingtheWork. 3.3.2,3.18,4.2.3,10 Contractor's Review of Contract Documents. 1.2.2,3.2,3.7.3 Contractor's Right to Stop the Work. . . . . . . . . . . 9.7 Contractor's Right to Terminate the Conuact 14.1 Contractor's Submittals 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2, 9.10.3,10.1.2,11.4.2,11.4.3 Contractor's Superintendent. 3.9, 10.2.6 Contractor's Supervision and Construction Procedures. 1.2.4, 3.3,3.4,4.2.3,8.2.2,8.2.3, to Contractual Liability Insurance. 11.1.1.7,11.2.1 Coordination and Correlation 1 .2.2, 1.2.4, 3.3.1, 3.10,3.12.7,6.1.3,6.2.1 Copies Furnished of Drawings and Specifications.. 1.3,2.2.5,3.11 Correction of Work . . . . . . . . .. .. . .. 2.3,2.4,4.2.1,9.8.2, 9.9.1, 12.1.2, [2.2, 13.7.1.3 Cost, Definition of 7.3.6,14.3.5 Costs. . .. 2.4,3.2.1,3.7.4,3.8.2,3.[5.2,4.3.6,4.3.7,4.3.8.1,5.2.3, 6.1.1,6.2.3,6.3,7.3.3.3,7.3.6,7.3.7,9.7,9.8.2,9.10.2, [1.3.1.2, 11.3.1.3,11.3.4, [1.3.9, 12.1, 12.2.1, 12.2.4, 12.2.5, 13.5, 14 CultlngsndPstchlng............. 3.14,6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4,9.5.1.5,10.2.1.2,10.2.5,10.3,11.1,11.3, [2.2.5 Damage to the Work . 3.14.2,9.9.1,10.2.1.2,10.2.5,10.3,11.3 Damages, Claims for. 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2,10.1.4 Damages for Delay. 6.1.1,8.3.3,9.5.1.6,9.7 Date of Commencement of me Work, DefinHion of. . . . . . . .. 8.1.2 Date of Substantial Completion, Definition of. . 8.1.3 Day, Definition of. ........... 8.1.4 Decisions of the Archhect . 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3, 8.3.1, 9.2, 9.4,9.5.1,9.8.2,9.9.1,10.1.2,13.52,14.2.2,14.2.4 Oeclslonsto Withhold Certlficstlon 9.5,9.7,14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of . 2.3,2.4,3.5.1,4.2.1, 4.2.6,4.3.5,9.5.2,9.8.2,9.9.[,10.25,12,13.7.1.3 Defective Work, Definition of 3.5.1 Definitions. 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, 4.3.1,5.1,6.1.2,7.2.1,7.31,7.3.6,8.1,9.1,9.81 Oelsyssnd Extensions olTlme . 4.3.1,4.3.8.1,4.3.8.2, 6.1.1,6.2.3,7.2.[,7.3.1,7.3.4,7.3.5,7.3.8, 7.3.9,8.1.1,8.3,10.3.1,14.1.1.4 Disputes 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2 Documents and Samples at the Site . 3.11 Drawings, Definition of . 1.1.5 Drawings and Specifications, Use and Ownership of. 1.1.1,.1.3, 2.2.5,3.11,5.3 Duty to Review Contract Documents and Field Conditions. 3.2 Effective Date of Insurance . 8.2.2,11.1.2 . Emsrgencles . . . . . . . . . . . . . . . . . . . . . . . .. 4.3.7,10,3 Employees, Contractor's. 3.3.2,3.4.2,3.8.1,3.9,3.18.1, 3.[8.2,4.2.3,4.2.6,8.1.2,10.2,10.3, [1.1.1, 14.2.1.1 Equipment, Labor, Materials and. . 1.1.3, 1.1.6,3.4,3.5.1, 3.8.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7, 6.2.1,7.3.6,9.3.2,9.3.3,11.3,12.2.4,14 Execution and Progress of the Work. 1.1.3,1.2.3,3.2,3.4.1, 3.5.1,4.2.2,4.2.3,4.3.4,4.3.8,6.2.2,7.1.3, 7.3.9,8.2,8.3,9.5,9.9.1, 10.2, 14.2,14.3 Execution, Correlation and Intent of the Contract Documents ..... 1.2,3.7.1 Extensions of Time 4.3.1,4.3.8,7.2.1.3,8.3,10.3.1 Failure of Payment by Contractor. 9.5.1.3,14.2.1.2 Failure of Payment by Owner .... 4.3.7,9.7,14.1.3 Faulty Work (See Defective or Nonconforming Work) FlnslCompletlonsndFlnslPeyment .. 4.2.1,4.2.9,4.3.2, 4.3.5,9.10,11.1.2,11.1.3,11.3.5, [2.3.1, 13.7 FinancialArrangements,Owner's.................... 2.2.1 Fire and Extended Coverage Insurance. . . . . . . . . . . . 11.3 GENERAL PROVISIONS. 1 Governing Law 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials . 10.1,10.2.4 Identification of Contract Documents 1.2.1 Identification of Subcontractors and Suppliers. 5.2.1 Indemnlflcstlon.. 3.17,3,18,9.10.2,10.1.4,11.3.1.2,11.3.7 Information and Services Required of the Owner. . . .. 2.1.2,2.2, 4.3.4,6.1.3,6.1.4,6.2.6,9.3.2,9.6.1,9.6.4,9.8.3,9.9.2, 9.10.3,10.1.4,11.2,11.3,13.5.1, [3.5.2 Injury or Damage to Person or Property . 4.3.9 Inspections. 3.3.3, 3.3.4, 3.7.1,4.2.2, 4.2.6, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Instructions to Bidders ....................... 1.1.1 Instructions to the Contractor. 3.8.1,4.2.8,5.2.1,7,12.1,13.5.2 [nsuranee. 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2, 11 Insurance) Boller and Machinery ........ ........ 11.3.2 Insurance, Contractor's Llsblllty 11,1 Insurance, Effectlve Date of ............ 8.2.2,11.1.2 Insurance, Loss of Use. 11.3.3 Insursnce, Owner's Llsblllty . . . . . . . . . 11.2 Insurance. Property. 10.2.5,11.3 Insurance, Stored Materials 9.3.2,11.3.1.4 INSURANCE AND BONDS . Insurance Companies, Consent to Partial Occupancy Insurance Companies, Settlement with. Intent of the Contract Documents. 11 . .9.9.1, 11.3.1[ 11.3.10 1.2.3,3.[2.4, 4.2.6. 4.2.7, 42.12. 4.2.13, 7.4 Interest. 13.6 Interpretstlon. 1.2.5, 1.4,1.5,4.1.1,4.3.1,5.[,6.1.2,8.1.4 Interpretations, Written 4.2.11,4.2.12,4.3.7 Joinder and Consolidation of Claims Required. 4.5.6 Judgment on Flnsl Awsrd .. 4.5.1,4.5.4.[,4.5,7 Labor and Materials, Equipment. 1.1.3, 1.1.6,3.4,3.5.1,3.8.2, 3.12.2,3.12.3,3.12.7,3.12.[1,3.13,3.15.1, 4.2.7,6.2.[,7.3.6,9.3.2,9.3.3,12.2.4, 14 Labor Disputes . 8.3.1 Laws and Regulations 1.3,3.6,3.7,3.13,4.1.1,4.5.5,4.5.7, 9.9.1,10.2.2, [1.1, 11.3, 13.1, 13.4,13.5.1,13.5.2,13.6 Liens.. . 2.1.2,4.3.2,4.3.5.1,8.2.2,9.3.3,9.10.2 Limitation on Consolidation or Joinder 4.5.5 LimitaUons, Statutes of . 4.5.4.2,12.2.6,13.7 Limitations of Authority. 3,3.1,4.1.2,4,2.1, 4.2.3,4.2.7,4.2.10,5.2.2,5.2.4,7.4, [1.3.10 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, t 735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.s. copyright laws and 18 subject 10 legal prosecuUon. A201.1987 3 . Limitations of Liability . . . 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.11, 3.17,3.18,4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.10.4, 10.1.4,10.2.5,11.1.2,11.2.1,11.3.7,13.4.2,13.5.2 Limitations of Time, General 2.2.1,2.2.4,3.2.1,3.7.3, 3.8.2, 3.10, 3.12.5, 3.15.1, 4.2.1,4.2.7, 4.2.11, 4.3.2, 4.3.3,4.3.4,4.3.6,4.3.9,4.5.4.2,5.2.1,5.2.3,6.2.4, 7.3.4, 7.4, 8.2,9.5,9.6.2,9.8,9.9,9.10,11.1.3,11.3.1,11.3.2,11.3.5, 11.3.6, 12.2.1, 12.2.2, 13.5, 13.7 Limitations of Time, Specific. 2.1.2,2.2.1,2.4,3.10,3.11, 3.15.1,4.2.1,4.2.11,4.3,4.4,4.5,5.3,5.4,7.3.5,7.3.9,8.2, 9.2,9.3.1,9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2, 11.1.3, 11.3.6, 11.3.10,11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Loss of Use Insurance . . 11.3.3 Material Suppliers. 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1, 9.3.1,9.3.1.2,9.3.3,9.4.2,9.6.5,9.10.4 Materials, Hazardous 10.1,10.2.4 Materials, Labor, Equipmem and. 1.1.3,1.1.6,3.4,3.5.1,3.8.2, 3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,6.2.1, - 7.3.6,9.32,9.3.3, 12.2.4, 14 Means, Methods, Techniques, Sequences and Procedures of Construction . 3.3.1,4.2.3,4.2.7,9.4.2 Minor Changes In the Won<- . . 1.1.1,4.2.8,4.3.7,7.1,7,4 MISCELLANEOUS PROVISIONS. . . . . . . .. 13 Modifications, Definition of . 1.1.1 Modifications to the Contract 1.1.1,1.1.2,3.7.3,3.11, 4.1.2,4.2.1,5.2.3,7,8.3.1,9.7 Mutual Responalblllly 6.2 NonconformlngWork,Acceptanceof. 12.3 Nonconforming Wark, Rejection and Correction of . 2.3.1, 4.3.5,9.5.2,9.8.2,12,13.7.1.3 Notice. .. . . . . . 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12.8, 3.12.9,3.17,4.3,4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1, 9.5.1,9.6.1,9.7,9.10,10.1.2,10.2.6,11.1.3,11.3,12.2.2, 12.2.4,13.3,13.5.1,13.5.2,14 Notice, Written 2.3,2.4,3.9,3.12.8,3.12.9,4.3, 4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10, 10.1.2,10.2.6,11.1.3,11.3,12.2.2,12.2.4,13,3,13.5.2,14 Notice of Testing and Inspections .. 13.5.1,13.5.2 Notice to Proceed. . 8.2.2 Notices, Pannlts, Feeaand 2.2.3,3,7,3.13,7.3.6.4,10.2.2 Observations, Architect's On-Site 4.2.2,4.2.5, 4.3.6,9.4.2,9.5.1,9.10.1,13.5 1.2.2,3.2.2 9.6.6,9.8.1,9.9,11.3.11 4.2.2,42.9,4.3.6, 9.4.2,9.8.2,9.9.2,9.10.1 4.2.2,4.2.5,4.3.6, 9.4.2,9.5.1,9.10.1,13.5 2.3,3.9,4.3.7,7,8.2.2,11.3.9,12.1, 12.2,13.5.2,14.3.1 OWNER. 2 Owner, Definition of 2.1 Owner, InformaUon and Services Required of the. 2.1.2, 2,2,4.3.4,6,9,10.1.4,11.2,11.3,13.5.1,14.1.1.5,14.1.3 Owner's Authority. . 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1, 7.3.1,8.2.2,9.3.1,9.3.2,11.4.1,12.2.4,13.5.2,10,14.3.1 Owner's Financial Capability . 2.2.1,14.1.1.5 Owner's Lleblllty Inaurance . 11,2 Owner's Loss of Use Insurance. 11.3.3 Owner's Relationship with Subcontractors. 1.1.2, 5.2.1,5.4.1,96.4 2.4, 12.2.4, 14.2.2.2 6,3 Observations, Contractor's. Occupancy. . . On-Site Inspections by the Architect On-Site Observations by the Architect. . Orders, Written Owner's Right to Carry Out the Work. Owner's Rlghtto Clean Up . Owner's Right to Perform Construction and to Award Saparate Contracts 6,1 Owner's Right to Stop the Work. 2,3, 4.3.7 Owner's Right to Suspend the Work-. . . . . . . . . . . . . 14.3 Owner's Right to Terminate the Contract .......... 14.2 Ow"erahlp and Use of Architect's Drawlnga, Speclllcationa and Other Documents . 1.1.1,1.3, '2.2.5,5.3 Partial Occupancy or Use 9.6.6,9,9. 11.3.11 Patching, Cutting and .. 3,14,6.2.6 Patants, Royaltlesand 3,17 Payment, Appllcatlonalor . 4.2.5,9.2,9,3.9.4, 9.5.1,9.8.3,9.10.1,9.10.3,9.10.4,14.2.4 Payment, Certlllceteslor. 4.2.5,4.2.9,9.3.3,9,4.9.5, 9.6.1,9.6.6,9.7.1,9.8.3,9.10.1,9,10.3,13.7, 14.1.1.3, 14.2.4 Payment, Fallurool. . . .. . . . . .. .. 4.3.7,9.5.1.3, 9,7,9.10.2,14.1.1.3,14.2.1.2 4.2.1,4.2.9,4.3.2,4.3.5,9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1 .. . . . .. 7.3.6.4, 9.10.3,11.3.9,11.4 .............. 4.3.4,9.3,9.6, 9.8.3,9.10.3, 13.6, 14.2.3 9,14 5.4.2,9.5.1.3, 9.6.2,9.6.3,9.6.4, 11.3.8, 14.2.1.2 10.1 7.3.6.4, 9.10.3, 11.3.9, 11.4 Permits, Fees and Notices. 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF . 10 Polychlorinated Biphenyl . . 10.1 Product Data, Definition of. 3.12.2 Product Data and Samples, Shop Drawings. 3.11,3.12,4.2.7 Progress and Completion . 4.2.2,4.3.4,8.2 progreas Payments 4.3.4,9.3, 9,6,9.8.3,9.10.3,13.6, 14.2.3 Project, Definition of the. .................. 1.1.4 Project Manual, Definition of the ............... 1.1.7 Project Manuals 2.2.5 Project Representatives 4.2.10 Property Inaurance 10.2.5,11,3 PROTECTION OF PERSONS ANO PROPERTY. .. 10 Regulations and Laws . 1.3,3.6,3.7,3.13,4.1.1,4.5.5, 4.5.7,10.2.2,11.1,11.3,13.1,13.4,13.5.1,13.5.2,13.6,14 RejeclionofWork. 3.5.1,4.2.6,12.2 Releases of Waivers and Liens. 9.10.2 Representations.. 1.2.2,3.5.1,3.12.7, 6.2.2,8.2.1,9.33,9.4.2,9.5.1,9.8.2,9.10.1 2.1.1,3.1.1,3.9, 4.1.1,4.2.1,4.2.10,5.1.1,5.1.2,13.2.1 Resolution of Claims and Disputes . 4.4, 4.5 Responsibility for Those Performing the Wark . 3.3,2, 4.2.3, 6.1.3, 6.2, 10 Retainage . 9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3 Review of Contract Documents and Field Conditions by Contractor. Review of Contrac[Qr's Submittals by Owner and Architect Payment, Final. . Payment Bond, Performance Bond and Payments, Progress PAYMENTS AND COMPLETION Payments to Subcontractors . PCB. Performance Bond and Payment Bond. Representatives. 1.2.2,3,2,3.7.3,3.12.7 3.10.1,3.10.2,3.11,3.12, 4.2.7,4.2.9,5.2.1,5.2.3,9.2,9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor. 3.12.5 Rights and Remedies. 1.1.2,2.3,2.4,3.5.1,3.15.2, 4.2.6,4.3.6,4.5,5.3,6.1,6.3,7.3.1,8.3.1,9.5.1, 9.7,10.2.5, 10.3, 12.2.2, 12.2.4, 13,4, 14 3,17 Royalties and Patents . 4 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIAi!l . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.s. copyright laws and Is subject to tegal prosecution. . Rules and Notlcea lor Arbitration 4.5.2 Salety 01 Peraonsend Property . 10.2 Salaty Precautions and Programs 4.2.3,4.2.7,10.1 Samples,DefinitlOnof ..' 3.12.3 Samples, Shop Drawings, Product Data and 3.11,3.12,4.2.7 Samples at the Site, Documents and. 3.11 Schedule of Values . 9.2,9.3.1 Schedules, Construction . ... . . . . . . . . . . . 3.10 Separate Contracts and Contractors. 1.1.4, 3.14.2, 4.2.4, 4.5.5,6,11.3.7,12.1.2,12.2.5 Shop Drawings, Definition of ................. 3.12.1 Shop Drawings, Product Data and Samples. 3.11,3.12,4.2.7 Slte,Useol. 3.13,6.1.1,6.2.1 Site Inspections. . .1.2.2,3.3.4,4.2.2,4.2.9,4.3.6,9.8.2,9.10.1,13.5 SiteVisirs, Architect's. . 4.2.2,4.2.5,4.2.9,4.3.6, 9.4.2,9.5.1,9.8.2,9.9.2,9.10:1,13.5 Special-tnspectionsand Testing. 4.2.6,12.2.1,13.5 Specifications, Definition of the . . 1.1.6 SpecWlcatlons, The. 1.1.1,1.1.6,1.1.7,1.2.4,1.3,3.11 Statutes of Limitations . 4.5.4.2,12.2.6,13.7 Stopping the Work. . . 2.3,4.3.7,9.7,10.1.2,10.3,14.1 Stored Materials .. 6.2.1,9.3.2,10.2.1.2,11.3.1.4,12.2.4 Subcontractor, Definition of. 5.1.1 SUBCONTRACTORS . . . 5 Subcontractors, Work by. 1.2.4,3.3.2,3.12.1, 4.2.3, 5.3, 5.4 Subcontractual Relations. 5.3,5.4,9.3.1.2,9.6.2, 9.6.3,9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 14.3.2 Submittals. . 1.3,3.2.3,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, 7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,11.1.3 Subrogation, Walveraol.. 6.1.1,11.3.5,11.3.7 Substantial Completion. 4.2.9,4.3.5.2,8.1.1,8.1.3, 8.2.3,9.6,9.9.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of. 9.8.1 Substitution of Subcontractors . 5.2.3,5.2.4 Substitution of the Architect. 4.1.3 Substitutions of Materials . .................. 3.5.1 Sub-subcontractor, Definitionaf . 5.1.2 Subsurface Conditions. . . . 4.3.6 Successors and Assigns 13.2 Superintendent... . 3.9,10.2.6 Supervision and Construction Procedures 1.2.4,3.3,3.4, 4.2.3,4.3.4,6.1.3,6.2.4,7.1.3,73.4,8.2,8.3.1,10,12,14 4.4.1, 4.4.4, 5.4,1.2,9.10.2,9.10.3, 14.2.2 9.9.1,9.10.2,9.10.3 2.2.2,3.18.3 Surety. Surety, Consent of. Surveys. . Suspension by the Owner for Convenience 14.3 Suspension of the Work 4.3.7,5.4.2,14.1.1.4,14.3 Suspension or Termination of the Contract 4.3.7,5.4.1.1,14 Taxes 3.6,7.3.6.4 Termination by th. Contractor . 14.1 Tennlnatlon bylh. OwnerlorCa.se. 5.4.1.1,14.2 Termination of the Architect 4.1.3 Termination ofthe Contractor. . . . . . . . . . . . . . . . . . . . . 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT. 14 Tests and lnopecdons 3.3.3,4.2.6,4.2.9,9.4.2,12.2.1,13.5 TIME 8 Tlme,DelaysandExtensionsof 4.3.8,7.2.1,8.3 Time Limits, Specific. 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1, 4.2.1,4.2.11,4.3,4.4,4.5,5.3.5.4,7.3.5,7.3.9,8.2, 9.2, 9.3.1, 9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2,11.1.3,11.3.6,11.3.10, 11.3.11,12.2.2,12.2.4,12.2.6,13.7,14 Time Limns on Claims. 4.3.2,4.3.3,4.3.6,4.3.9.4.4,4.5 Tide to Work. . 9.3.2,9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering 01 Work .. 12.1 Unforeseen Conditions . . . . . . . . . . . . . . . . . .. 4.3.6,8.3.1,10.1 Unit Prices. 7.1.4,7:3.3.2 Use of Documents . , 1.1.1,1.3,2.2.5,3.12.7,5.3 Us. 01 Site 3.13,6.1.1,6.2.1 Values, Schedule of 9.2,9.3.1 Waiver 01 Claims: Final Payment. 4.3.5,4.5.1,9.10.3 Waiver of Claims by the Architect. .................... 13.4.2 Waiver of Claims by the Contractor. 9.10.4,11.3.7,13.4.2 Walver of Claims hy the Owner . 4.3.5,4.5.1,9.9.3, 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2 Waiver of Liens. 9.10.2 WaiversofSubcogation.. 6.1.1,11.3.5,11.3.7 Warranty and Warranties. . . . . . . . . . . . . . . . . . . . . . .. 3.5,4.2.9, 4.3.5.3,9.3.3,9.8.2,9.9.1,12.2.2,13.7.1.3 Weather Delays. 4.3.8.2 When Arbitration May Be Demanded . . . . . . . . . . . . . 4.5.4 Work, Definition of . ............ 1.1.3 Written Consent 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4, 4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,10.1.3, 11.3.1,11.3.1.4,11.3.11,13.2,13.4.2 Written Interpretations. 4.2.11,4.2.12,4.3.7 Written Notice. . 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4, 4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10,10.1.2, 10.2.6,11.1.3, 11.3, 12.2.2, 12.2.4,13.3, 13.5.2, 14 Written Orders. ............... 2.3,3.9,4.3.7, 7,8.2.2,11.3.9,12.1,12.2,13.5.2,14.3.1 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA ~ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201.1987 5 . . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEANITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac+ tual relationship of any kind (1) between the Architect and Con+ tractor, (2) between the Owner and a Subcontractor or Sub. subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulftll the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally induding plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shaJI be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor, or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per~ formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA" . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPIT AUZA TION 1.4.1 Terms capitalized in these General Conditions include those which are (I) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "aU" and "any" and arti~ des such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable evidence were furnished on request prior to the execution of the Agreement, ',;(he prospective contractor would not be required to execute the Agreement or to commence the Work.} 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- . ments and charges required for construction, use ornccupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or serVices under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Artide 6 (Construction by Owner or by Separate Con~ractors). Artide 9 (Payments and Completion) and Article II (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, induding compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subJect to legal prosecution. A201.1987 7 . 3.2 R~IEW OF CONTRACT DOCUMENTS AND FIElD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furn~hed by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall riot be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all ponions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible [Q the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor . 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. . 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit. ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents, Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that ponions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The. Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents; .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and aU required taxes, less applicable trade discounts; 8 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA~ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amoUnts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3,8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during-performance of the Work, The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- mg. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare tuld keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. The purpose of their sub- mittal is to demonstrate for those portions of the Work for . which submittals are required the way the Contractor proposes to conform to. the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con~ tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be emitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering suet. construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA~ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 9 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3~ 15.1 The Contractor shall keep the premises and surround- in:'g area free from accumulation of waste materials or rubbish caused hy operations under the Contract. At completion of the Wark the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent,the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in pan by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- . tect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. 4.1 ARTICLE 4 ADMINISTRATION OF THE CONTRACT ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (I) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to detennine in general if the Wark is being perfonned in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION AIA~ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. . tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Admlnlst..... tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho~ rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's conSultants shall be through the Architect, Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts, 4.2.6 The Architect will ,have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether pr not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4~2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and fonvard to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying . out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an. exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be fmal if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Declslon of Archltact. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (I) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (I) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe. @1987THEAMERICANINSTlTUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unllc:ensed photoc:opylng violates U.S. copyright laws and Is subJec:f: to legal prosec:utlon. A201.19S7 11 . 4.3.4 Continuing Contract Perfonnance. Pending fmal reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of fmal payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Wark to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Condltlons. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally fcom those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustmem shall be referred to the Architect for initial deter~ mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor bdieves additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Clslms for Addltlonsl Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data . substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to' the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is. to be asserted, it shall be med as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the panies indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy, 4.5 ARBITRATION 4.5.1 Controversies and Claims Sub)ectto Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 4S days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. 12 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe. @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.G. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be fLIed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Perfonnanca During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the eartier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by -such decision must be made within 30 days after the date on which the party making the demand receives the fmal written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming fmal and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of IimitatJons as determined pursuant to Paragraph 13.7. 4.5.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree" ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The fore. going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli. cable law in any court having Jurisdiction thereof. . 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTiClE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Docwnents as if singular in number and me.ms a Subcontractor or an authorized representative of the Subcon~ tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub~subcontractor or an authorized representative of the Sub~subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTION5 OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti~ ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shaH not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA$ . @1987THEAMERICANINSTlTUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.c. 20006 A201-1987 13 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor aU the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor 50 that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Comract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. . 6.1.3 The Owner shall provide for coordination of the activi. ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract-- Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con. struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results: Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA~ . @1987THEAMERICAN1NSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecutIon. . ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Wark may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and mayor may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Wark shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con~ templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following; .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in detennining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a wriUen order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods; .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; . .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fIxed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order'. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profIt. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefIts required by agreement or custom, and workers' or workmen's compensation insurance; ,2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field offIce person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- [Of to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profIt shall be fIgured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIAoKI . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W" WASHINGTON, D.C. 20006 A201-1987 15 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . 7.4 MINOR CHANGES IN THE WORK 1.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 OEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Wark is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS ANO COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS ANO EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the Contract Documents. . ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, indud- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- poned by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established' for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless othenvise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Comractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 16 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. r'(JURTIiENTH EDlTlON AIA<<I . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlk:ensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . Owner a Certificate for Payment, with a copy to the Contrac- tor, for such ambunt as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9,5, I. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Wark for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay~ ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner tb substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tbr has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, (Q the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Wark in accordance with the Contract Documents. . 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld, 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por~ tion of. the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub~subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of par- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to payor to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similat to that provided in Subparagraphs 9.6,2, 9,6.3 and 9,6.4, 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amoum cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately; . is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA~ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 17 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not induded on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of SubSl2ntial Completion which shall establish the date of Sub~ stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fIx the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned. to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents, 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Comracwror, ifno agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jOintly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make . such inspection and, when the Architect fmds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's fInal Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2Neither fInal payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written - statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to. the extent and in such form as may be designated by the Owner. If a Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Subsl2ntiaI Completion of the Work, final com~ pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of flnal Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. 18 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop, Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub.subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relo- cation or replacement in the course of construction. . 10.2.2 The Contractor shall give hotices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or Qmissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension oftime claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201.1987 19 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subfect to legal prosecution. . .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; ..4 claims for damages insured by usual personal injury liability cQver.age which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and ..7 claims involving contractual liability insurance appli. cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater, Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be main. tained after fmal payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be ftled with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after fmal payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10,2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self~ protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity . other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal including demolition 'occasioned by enforcement of any applicable legal requirements, and shall 'cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents, 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement, of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto, 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles, 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Wark in transit.1 11.3.2 BOiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Work, and the Owner and Contractor shall be nluned insureds. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 20 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlA- . @1987THEAMERICANINSTlTUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U,S. copyright laws and Is subject to legal prosecution, . 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site, by_property insurance under policies separate fcom those insuring the Project, or if after final payment prop- erty insurance is to be provided on the -completed Project through a policy or policies mhec than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise, 11.3.6 Before an exposure to loss may occur, the Owner shall me with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy_shall. contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by th~ Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner, 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. . 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and th'e Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consem, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac~ tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tionsarising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the d<i.te AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIAfI . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201.1987 21 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is 8Ubject to Iego] _lion. . for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Wark first performed after Substantial Completion by the period of time between Substan- tial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which art not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Archi!ect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days. after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. . ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shaH be governed by the law of the place where the Project is located, 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals: The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201.1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAI! . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying vfolates U.S. copyright laws and Is subject to legal prosecution. . The Owner shall bear such costs except as provided. in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect, 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documems shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- mems shall bear imerest from the date payment is due at such rate as me parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor; .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Subs tan. Hal Completion, any applicable statute of limitations shall conunence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantlel Completion and Final Certlf~ cate for Payment. As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. Ai; to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. . ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order ofa court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptiOns by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Archit~ct that sufficient cause exists to jus- AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AIA<!I . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 23 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin. ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant. to Para- graph 5.4; and .3 fmish the Wark by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Wark is fmished. 14.2.4 If the unpaid baiance of the Contract Sum exceeds costs of finishing. the Wark, including compensation for the Archi- teet's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the . Owner. The amount to be paid to the Contractor 'or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. . 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fIxed or percentage fee. 24 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION AlAe . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 3/87 WARNING: Unlicensed photocopying violates US. copyright laws and is subject to legal prosecution. . . SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 -INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $ 100,000. New Suffolk Drainage Improvements F -1 . . .2 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $ 1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): f. Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate. .3 Comprehensive Automobile Liability (owned, non-owned, hired): a. Bodily Injury: $ 1,000,000 Each Person $ 1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION: New Suffolk Drainage Improvements F-2 . . PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for New Suffolk Drainaae Improvements at First Street & Jackson Avenue New Suffolk New York 11956 Attachment: Suffolk County Wage Rate Information New Suffolk Drainage Improvements G - 1 PAYROLL CERTIFICATION FORM . . (TIlte) (Name of signatory party) do hereby state: 1. That I payor supervise the payment of the persons employed by- 00 the (Contractor or 8ub-Contnlctor) ; that during the payroll period commencing (Project or Work) on the day of . .1L- . end ending tho day of . .1L- . all persons employed on said project have been paid the full weekly wages earned (exceptunot-.lCol'umn 19. frontoffonn~ that no rebates haye boon or will be made either directly or IndlrecUy to or on behalf of sold contractor, from tho full weekly wages earned by any person and that (Contractor or Sub~QnhctOr) no deductions have been made either directly or Indirectly from the full wages earned by any person other than permissible deducllons as deftned by Regulallons Issued by the Now York Stale Department of Labor. If any wages are unpaid, as reported In Column 10 on the front of this fonn. explain below: 2. That any payrolls otherwise under this contract required to be submitted for the above period are comtCt and complete; that the wage rates for laborers, mechanlc,joumeymen, skilled and Hmkkllled laborer and apprentices contained therein.... not Its. than the applleable wage rates contained In any wage detennlnatlon Incorporated Into the contract; that the c1us1flcatlons set forth theretn for each laborer. meehan1c.joumeymen, skilled and. uml-skllled laborer and apprentice conform with work he performed. 3. That any apprentices employed In the above period are duly reglstei'ed In a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the New York Bureay of Apprenticeship and Training. Department of Labor and Industry. 4. .That (a~ wHeRe FRINGe BEHEFIES ARE PAlO TO APPROVED PlANS. FUNDS DR PROGRAMS In addtuon to the bask hourly wage rates paid to each laborer, mechanic, journeyman. skilled and seml-skllled laborer and IJ apprentice listed In the above merenced payroU. payments of fringe benefits as lilted In the contract have been or will be made to appropriate prog""" forthe benefit of IUch employee, eXC4tpt IS noted In Section 4 (c) below. (b). WHERE FRINGE BENEF1ES ARE PAID IN CASH Each laborer. Mechanic, journeymen. Ikllled and semI-skllled laborer and appl1nUce listed in the above referenced payroll C has been paid. as lndlcated on the payroU. an amount not Ies$ than the sum of the applicable basic hourty wage rate plus the amount of the required fringe benefits as Ibted In the contract, except as noted In Section 4 (c) below; (e). EXCEPTIONS EXCEPTION (CRAFT) EXPlANATION REMARKS: ISIONATURE' .1 HAME....l1T\.E' The wHlfuI fal$lfieatlon of any of the above statements may subject the contractor or sul)..contractor to civil or criminal prosecution. TAKEN, SWORH AND SUBSCRIBED BEFORE ME, THIS GAY . A.D. 20_, . (NOTARY & SEAL) OF New Suffolk Drainage Improvements H -1 PAYROLL CERTIFICATION FOR PUBLIC WORKS PROJECTS (for Contractor and Sub-Contractor's use for Weekly and Final Certification) Name of o Contractor or, 0 Sub..contractor: Address of Contractor or Sub..contractor: Date Wage Due & Paid: Telephone No. Week Ending or Final Certification Project Name & Location: Prevailing Wage Serial Number: Agency Project Number: 0 1. 2. 3. '"' .4. DAY AND DATE 5. 6. 7. 8. 9. 10. ~! Ul SIMIT IWITI FI S DEDUCTIONS NET Name, Address and .. . ~ WAGE n Work 0 II I I I I TOTAL RATE GROS~, WITH- TOTAL AMOUNTS Social Security Number Classification '"' HOURS OF PA' AMOUN FICA HOLDING STATE DEDUC- PAID FOR UNPAID of Employee U 0 HOURS WORKED EACH DAY EARNED TAX TIONS WEEK 0 5 0 5 0 5 0 5 . 0 5 0 S . 0 5 0 S 0 5 NEW YORK STATE DEPARTMENT OF LABOR PREVAILING WAGE DIVISION ('oj :c Ul - C Gl E Gl > e Q. E Gl Cl III C "e C ..ll: ;g :::I en := Gl Z . . COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS A. STATE REGULATIONS: 1. The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. 2. Each and every provision of law and clause required by law to be part ofthis Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. B. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offerer, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $ 10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): New Suffolk Drainage Improvements 1-1 . . 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 - which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers Is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders ofthe Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order ofthe Secretary of Labor, or as otherwise provided by law. New Suffolk Drainage Improvements 1-2 . . (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Reauired Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. New Suffolk Drainage Improvements 1-3 . . 1-12.805.4 Reports and Other Reauired Information (b) Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: (2) "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. (2) In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925,11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. ( C ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. New Suffolk Drainage Improvements 1-4 . . ( d) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENT STANDARDS A. All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti.Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. B. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of !!. hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1- 1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. New Suffolk Drainage Improvements 1-5 . . C. Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subllrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. D. Contracts and sub-grants of amounts in excess of $ 100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. E. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. F. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. G. In all contracts for construction or facility improvement awarded In excess of $ 100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. H. All contracts and sub-grants in excess of $ 10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or subllrantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or sub-grantees and to assure that suspected or reported violations are promptly investigated. New Suffolk Drainage Improvements 1-6 . . COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the fOllowing requirements: 1. Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in anyone calendar day or more than five days in anyone week except in the emergencies set forth in the Labor Law. 2. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. 3. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. 4. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. 5. Section 220-0, which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring ofemployees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or Intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); ( C ) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; New Suffolk Drainage Improvements 1-7 . . (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. 6. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. 7. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the . requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. 8. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs ( c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12,1963 and amended November 14,1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No.1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder Is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent Information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights In the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. New Suffolk Drainage Improvements 1.8 . . NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of payor other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. b. The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, iayoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative falls or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. c. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance ofthe provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. d. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. New Suffolk Drainage Improvements J -1 . . e. The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights and Owner representatives counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. f. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions ofthese non-discrimlnation clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. g. Ifthis Contract is canceled or terminated under clause "f." , in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. h. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local ofthe Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/ Owner, the Contractor shall promptly so notify the Owner's representatives/ counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). New Suffolk Drainage Improvements J-2 . DIVISION 2 - SITE WORK . TOWN OF SOUTHOLD NEW SUFFOLK DRAINAGE IMPROVEMENTS GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Division. TABLE OF CONTENTS - DIVISION NO.1 - GENERAL REQUIREMENTS Included in this Division are the following sections: 01010 General 01025 Measurement and Payment 01500 Construction Facilities & Temporary Controls 01501 Health & Safety Provisions 01770 Project Closeout DIVISION 2 - PAGE 1 of 45 . DIVISION 2 . SITE WORK . MOBILIZATION & GENERAL REQUIREMENTS TOWN OF SOUTHOLD . NEW SUFFOLK DRAINAGE IMPROVEMENTS GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Section. TABLE OF CONTENTS - MOBILIZATION & GENERAL REQUIREMENTS Included in this Division are the following sections: }- General }- Mobilization }- Measurement and Payment }- Construction Facilities & Temporary Controls }- Health & Safety Provisions }- Temporary Silt Screen (DEC permit Requirement) PAYMENT FOR ITEM 1 - MOBILIZATION & GENERAL REQUIREMENTS 1. The lump sum price bid under Payment Item 1 shall include supervision and management, on-going project-related expenses, i surances, b 'll:l9, labor, materials, equipment, and incidentals necessa mobilize to the construction site, meet all of the general requirements set forth under this Section, comply with all conditions set forth in the Conditions of Contract and General Conditions of the Contract and demobilize from the construction site upon successful completion of the project. 2. Payment for this item will be made in three (3) payments; a. Fifty Percent (50%) upon complete mobilization to the site. b. Twenty Five Percent (25%) upon second partial payment request. c. Twenty Five Percent (25%) upon successful completion and acceptance of the project. DIVISION 2 - PAGE 2 of 45 . DIVISION 2 . SITE WORK . SECTION. GENERAL SITE The site of the proposed general construction for the New Suffolk Drainage Improvements is located in the Town of Southold, on First Street & Jackson Avenue in New Suffolk, County of Suffolk, State of New York and more particularly shown on the Contract Drawings. SCOPE The work to be performed under this Contract shall include all labor, materials, equipment, services and incidentals required to perform the proposed drainage improvements as indicated in the Specifications, Permit Drawings, shown on the Contract Drawings and/or as approved by the Engineer. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge of a competent and reliable superintendent, who shall have authority to act for the Contractor, and who shall be acceptable to the Engineer. the Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. All workmen must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or required for the protection of fire, accidents, property damage and public nuisance. He shall DIVISION 2 - PAGE 3 of 45 . DIVISION 2 . SITE WORK . provide and maintain such toilet facilities at or adjacent to the site as may be required. The Contractor shall erect and maintain such signs, channel and obstruction markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES A. The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right- of-way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. GRADES. LINES. LEVELS AND SURVEYS A. The Owner's Engineer will establish one (1) bench mark and location of the work lines as reference points for the Contractor. B. The reference points shall be maintained by the Contractor. All other required lines, levels, grades, etc., shall be fumished by the Contractor from the reference points. C. Re-establishment of the reference points by the Engineer for the Contractor shall be done at the Contractor's expense. D. The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the aforementioned to the Engineer before commencing work. Commencement of work shall be corrected by the Contractor at his DIVISION 2 - PAGE 4 of 45 . DIVISION 2 - SITE WORK . expense. LABOR, LAWS AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York, the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction of whichever Prime Contract they are submitting a bid for as specified in the Contract Documents for a period of at least five (5) years. On request, bidders must fumish a list of a minimum of five (5) projects of similar type construction that was built by them in the Nassau-Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project for such reasons shall be borne by the Contractor. DIVISION 2 - PAGE 5 of 45 . DIVISION 2 - SITE WORK . STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society, the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform with the latest A.S.T.M., A.W.PA, A.SA, N.E.C., I.E.S., etc. Specifications as may relate to or govern the construction work. CONTRACT DRAWINGS A. The Contract drawings which accompany and form part of these Specifications, bear the general title TOWN OF SOUTH OLD - NEW SUFFOLK DRAINAGE IMPROVEMENTS, Suffolk County, New York and separately numbered and entitled as follows: 1 Cover Sheet 2 Existing Conditions 3 Demolition Plan 4 Proposed Plan 5 Details CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory to the Engineer. GUARANTEES A. Before issuance of the final certificate, the Contractor shall deliver to the Owner the following guarantees in addition to those specifically required in the General Conditions and in the various technical sections. B. The Contractor hereby guarantees that all materials and workmanship installed under his respective contract to be new and of good quality in every respect and to remain so for a period of one (1) year or for longer periods where so provided for in the Specifications, from the date of issuance of the Final Certificate by the Engineer. C. Should any defects develop in the aforesaid work within the stipulated periods due to faults in materials and/or workmanship, the Contractor hereby agrees to make all repairs and do all necessary work to correct the defective parts. Such repairs and corrective work, including the cost of DIVISION 2 - PAGE 6 of 45 . DIVISION 2 . SITE WORK . making good all other work damaged by or otherwise affected by making of the repairs or corrective work shall be done without any cost or expense to the owner, and at the entire cost and expense of the Contractor, within five (5) days after notice to the Contractor. The owner may have the work done and charge the cost thereof to the Contractor and/or his Sureties who agree to pay the owner the cost of such work if the Contractor fails to respond as required. PAYMENTS Payment(s) made under this Contract will be made on the basis of actual work completed in accordance with the Contract Documents. Payments will be computed from the unit and lump sum bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION - GENERAL DIVISION 2 - PAGE 7 of 45 . DIVISION 2 - SITE WORK . SECTION - MOBILIZATION 1. DESCRIPTION. Under this item the Contractor shall set up his necessary general plant, including shops, storage areas, office and such sanitary and other facilities as are required by local or state law or regulation. Unless provided for elsewhere, the cost of required insurance and bonds and/or any other similar significant initial expense required for the initiation of the contract work may be included in this item. The determination of the adequacy of contractor's facilities except as noted above shall be made by the Contractor. 2. MATERIALS. Any materials that are required but are not to be a part of the completed contract shall be as determined by the Contractor, except that they shall conform to any pertinent local or state law, regulation or code. 3. CONSTRUCTION DETAilS. Such work as is done in providing the facilities and services under this item shall be none in a safe and workmanlike manner and shall conform with any pertinent local or state law, regulation or code. Good housekeeping consistent with safety shall be maintained. END OF SECTION - MOBILIZATION DIVISION 2 - PAGE 8 of 45 . DIVISION 2 - SITE WORK . SECTION - MEASUREMENT AND PAYMENTS DESCRIPTION The Contractor shall furnish all labor, materials, tools, equipment, appurtenances and all services necessary to perform all Work as required by the plans and specifications or as required by the Engineer, at the lump sum or unit prices for the items listed herein. ENGINEER'S ESTIMATE OF QUANTITIES The ENGINEER'S estimated quantities for unit price pay items are approximate only and are included solely for the purpose of comparison of Bids. The OWNER does not expressly or by implication agrees that the nature of the materials encountered below the surface of the ground or the actual quantities of material encountered or required will correspond with the estimated quantities. PAYMENT ITEMS The method of payments and measurement of payments for each contract item shall be described on the Proposal Form (PF) section of the bid specifications END OF SECTION - MEASUREMENT AND PAYMENTS DIVISION 2 - PAGE 9 of 45 DIVISION 2 . SITE WORK . . SECTION - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Utilities - Electricity, lighting, ventilation, water and sanitary facilities. B. Temporary Controls - Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities - Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPORARY ELECTRICITY A. All Contractors shall be responsible- for providing temporary electric power for all construction activities associated with their contracts with the exception of the Proposed Transfer Station & Residential Dropoff Building area. TEMPORARY WATER SERVICE A. The Contractor shall provide temporary water service for construction purposes, sanitary facilities, fire protection and for cleaning. B. Potable water shall be furnished for construction personnel by portable containers. C. Water service shall be protected from freezing, and the service shall be extended and relocated as necessary to meet temporary water requirements. D. The Contractor shall install a meter and pay for all expenses associated with temporary water service during the course of the work, including furnishing all necessary permits and fees required for temporary water service. E. Comply with all applicable codes and arrange for all necessary inspections and approvals. F. Upon completion of all work, the Contractor shall disconnect and remove all temporary connections and fixtures. END OF SECTION . CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 2 - PAGE 10 of 45 . DIVISION 2 - SITE WORK . SECTION - TEMPORARY SANITARY FACILITIES A. The Contractor shall provide at the site suitable enclosed toilet facilities for the use of construction personnel. The Contractor shall observe and enforce all sanitary regulations and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. F. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. First Aid Facilities and Accidents B. The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. C. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death, personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall DIVISION 2 - PAGE 11 of 45 . DIVISION 2 - SITE WORK . promptly report the facts in writing to the Engineer, giving full details of the claim. WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. C. Provide temporary control of surface water, storrnwater runoff and discharge from pumping in accordance with Contractor's approved soil erosion and sediment control plan. SECURITY A. Provide security and facilities to protect work, and existing facilities, and Owner's operations from unauthorized entry, vandalism or theft. B. Coordinate with Owner. C. Furnish security during the course of the work. ACCESS ROAD A. Maintain roads accessing construction area as shown on the Construction Drawings. B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. D. Provide means of removing mud from vehicle wheels before entering public and private streets. Clean all mud and debris from construction traffic at no additional expense to the Owner. Comply with all State and Local regulations. E. Designated existing on-site roads may be used for construction traffic, as directed by the Owner and Engineer. Damage to existing site roads as a result of this Contract will be the responsibility of the Contractor. PARKING A. The Contractor's personnel shall not park on the main road or adjacent DIVISION 2 - PAGE 12 of 45 . DIVISION 2 . SITE WORK . private side streets. B. When space is not adequate, provide additional off-site parking. C. Do not allow vehicle parking on existing pavement. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as designated by the Owner. REMOVAL OF UTILITIES. FACILITIES AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Applications for Payment Inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 2 - PAGE 13 of 45 . DIVISION 2 - SITE WORK . SECTION - HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: 1. Safety and Health Regulations Promulgated by the U.S. Department of Labor OSHA, 29 CFR 1910 - Occupational Safety and Health Standards, and 29 CFR 1920 - Safety and Health Regulations for Construction. 2. U.S. Environmental Protection Agency Medical Monitoring Program Guidelines. B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities, personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. DIVISION 2 - PAGE 14 of 45 DIVISION 2- SITE WORK . . SECTION. TEMPORARY SilT SCREEN 1. DESCRIPTION. This work shall consist of temporary control measures as shown on the plans, in conditions set forth in the New York State Department of Environmental Conservation Permit for this project, or as ordered by the Engineer. Use of temporary silt screen is intended to control soil erosion and water pollution during construction. 2. CONSTRUCTION DETAilS. General. In the event of a conflict between these specifications, pollution control laws, or the rules/regulations of other Federal/State/local agencies, the more restrictive laws, rules or regulations shall apply. Authoritv of Work. The Engineer has the authority to limit the surface area of erodible earth material exposed by excavation, borrow and fill operations and to direct the Contractor to provide immediate permanent or temporary pollution control measures to minimize damage to adjacent property and to minimize contamination of adjacent streams or other watercourses, lakes, ponds or other areas of water impoundment. Schedule of Work. Prior to the start of construction, the Contractor shall submit to the Engineer for acceptance, schedules for accomplishment of the following: erosion control work, clearing and grubbing, grading, bridges and other structures at watercourses, and paving. In addition, the proposed method of erosion control for haul roads and the plan for disposal of surplus excavated materials, shall be submitted for approval. No work shall be started until the erosion control schedules and methods of operations have been approved by the Engineer. If conditions change during construction, the Contractor may be required to submit a revised schedule for approval, as directed by the Engineer. The Contractor will be required to incorporate all erosion control features into the project at the earliest practical time as outlined in his accepted schedule. Control measures will also be required to correct: conditions that develop during construction that were not foreseen during the design stage; that are neeeded prior to installation of erosion control features; or, that are needed temporarily to control erosion that develops during normal construction. Where erosion is likely to be a problem, clearing and grubbing operations should be so scheduled and performed that grading operations and erosion control features can follow immediately thereafter if project conditions permit. Otherwise, erosion control measures may be required between successive construction stages. 3. METHOD OF MEASUREMENT. Monthly payments will be made under this Item in proportion to the amount of work done as determined by the Engineer DIVISION 2 - PAGE 15 of 45 . DIVISION 2 . SITE WORK . 4. BASIS OF PAYMENT. The lump sum for this work includes the cost of furnishing all materials, labor and equipment to satisfactorily complete the temporary erosion and pollution control work shown on the plans, or as ordered to be performed by the Engineer. Payment shall be made under Item 2 of this Contract. Control measures that are made necessary by the Contractor's negligence. carelessness, failure to install controls as a part of the work as scheduled and are ordered by the Engineer, or are made necessary by the Contractor's failure to perform the sequence and scheduling of work as approved, shall be ordered by the Engineer to be accomplished and performed by the Contractor at his own expense. In case of repeated failures on the part of the Contractor to control erosion, pollution and/or siltation, the Engineer reserves the right to employ outside assistance or to use County forces to provide the necessary corrective measures. Such incurred direct costs plus engineering costs will be charged to the Contractor and appropriate deductions will be made from the Contractor's monthly progress estimate. END OF SECTION - TEMPORARY SILT SCREEN DIVISION 2 - PAGE 16 of 45 GENERAL . . DIVISION 2 - SITE WORK The work under this Division (2) shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under the Division. TABLE OF CONTENTS - DIVISION NO.2 - SITE WORK Included in this Division are the following sections: 02050 02160 02200 02221 02222 02512 02577 02630 02722 02723 02740 02772 02891 02911 02920 Site Demolition Shoring and Bracing Site Preparation Unclassified Excavation and Grading Clean Granular Fill PVC Pipe and Fittings Pavement Striping Stormwater Drainage Pavement Subbase Preparation Recycled Portland Cement Concrete Aggregate Base Course Asphaltic Concrete Pavement Concrete Curb Signage Topsoil Hydroseed DIVISION 2 - PAGE 17 of 45 . DIVISION 2 . SITE WORK . SECTION 02050 - SITE DEMOLITION DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment and incidentals necessary to complete the Demolition work and Debris removal as specified herein, shown on the Contract Drawings and/or as directed by the Engineer. SCOPE In general, the work to be done shall include but not be limited to the following: A. Existing catch basins and piping B. Parking lot asphalt C. Any and all excess soil or unsuitable material. DEMOLITION DESCRIPTION AND DETAILS A. The Contractor shall completely remove all soils, concrete structures and piping, asphalt, timbers and debris to allow for the proposed construction as shown on the Contract Drawings and directed by the Engineer. All materials and debris to be demolished shall be removed and disposed of off site. B. The Contractor shall exercise extreme care NOT to damage the existing structures and surfaces which are to remain. All asphalt and concrete shall be sawcut prior to any removal or demolition. The Contractor shall remove from the site all cut-offs and demolished materials and replace remaining voids and previously occupied spaces with suitable granular fill material properly compacted in place. C. Off-site disposal for all demolished material and debris shall be at a facility approved by the New York State Department of Environmental Conservation. All costs, permits, etc., for proper disposal shall be borne by the Contractor. END OF SECTION 02050 - SITE DEMOLITION DIVISION 2 - PAGE 18 of 45 . DIVISION 2 . SITE WORK . SECTION 02160 - SHORING AND BRACING GENERAL A. The Contractor shall fumish all labor, materials equipment, tools and appurtenances required to complete the work of shoring, bracing, and sheeting or sheet piling, necessary to complete the construction, protect structures, and prevent the loss of ground or caving of embankments, as shown, specified or required, and shall meet all applicable building and safety codes. B. Pressures on sheeting and the stability of the sheeting and bottom of the excavation are dependent not only on soil conditions but upon many procedures and options available to the Contractor, such as dewatering, staging of excavation and installation of bracing, flexibility of sheeting, construction equipment used, and time of completing the work. All such factors shall be considered investigated in the design of the sheeting and bracing. RELATED DOCUMENTS A. Recommended Technical Provisions for Shoring and Sloping of Trenches and Excavations, U.s. Department of commerce. B. Construction Safety and Health Regulations, U.S. Department of Labor, Occupational Safety and Health Administration. SUBMITTALS In trenches, the sheeting shall be designed so that the lowest brace is no closer than 12 inches above the base of the structure to be installed. Therefore, the Contractor shall submit drawings, computations and substantiating data prepared, and signed and sealed by a Professional Engineer licensed in the State, showing his proposed sheeting, sheet piling, and bracing design and method of construction for the information of the Engineer prior to the start of such construction. Any review or comments by the Engineer shall not relieve the Contractor of his responsibility for sheeting and bracing. QUALITY CONTROL During the installation of the sheeting and bracing and as long as the excavation is open, the Contractor's Professional Engineer shall monitor the work to ensure that it is carried out in accordance with his design and procedures. For this purpose, leveling observations for heave and settlement shall be made in addition to piezometric readings where excavations extend below the water table or through soft cohesive soils. DIVISION 2 - PAGE 19 of 45 . DIVISION 2 . SITE WORK . MATERIALS A. Steel Sheet PilinQ: Steel sheet piling shall conform to the requirements of ASTM A328. B. Timber SheetinQ: The timber, unless otherwise noted, may consist of any species which will satisfactorily stand driving. It shall be sawn or hewn with square corners and shall be free form worm holes, loose knots, wind shakes, decayed or unsound portions, or other defects which might impair its strength or tightness. VERIFYING EXISTING CONDITIONS A. Before commencing work, the Contractor shall check and verify all governing dimensions and elevations, including field measurements of existing and adjoining work on which his work is dependent, to assure proper fit and clearance of each part of the work to the new and existing structures. B. The Contractor's attention is drawn to General Conditions for general information for evaluating existing conditions which may affect his work. COORDINATION WITH OTHER OPERATIONS The schedule and progress of the shoring, bracing, and sheeting work shall be coordinated with the dewatering, excavation, and backfilling work. If, during the progress of the excavation, lateral movement of the adjacent ground or structures is discovered, corrective measures shall be taken immediately to prevent further movement. INSTALLATION A. All sheetinq 1. All sheeting, whether steel or timber, permanent or temporary, shall be safely designed and shall be carried to adequate depths and braced as necessary for proper performance of the work. Construction shall be such as to permit excavation as required. Interior dimension shall be such as to give sufficient clearance for construction forms and their inspection. Movements of sheeting or bracing which prevent the proper completion of the sub-structure or cause damage to any adjacent structure by undermining or any other change shall be corrected at the sole expense of the Contractor. No part of the sheeting or bracing shall be allowed to extend into the structure without written permission of the Engineer. 2. If the Engineer is of the opinion that, at any point, any proper supports have DIVISION 2 - PAGE 20 of 45 DIVISION 2 . SITE WORK . . not be provided, he may order additional supports put in at the expense of the Contractor, and compliance with such order shall not relieve or release the Contractor from his responsibility for the sufficiency of such supports. Care shall be taken to prevent voids outside of the sheeting, but if voids are formed, they shall be immediately filled and rammed. 3. The Contractor shall leave in place to be embedded in the backfill, any sheeting and bracing which the Engineer may direct him in writing to leave in place at any time, during the progress of the work, for the purpose of preventing injury to structures, utilities, or property, whether public or private. The Engineer may direct that steel or timber used for sheeting and bracing be cut off at any specified elevation. 4. The right of the Engineer to order sheeting and bracing left in place shall not be construed as creating any obligation on his part to issue such orders, and his failure to exercise his right to do so shall not relieve the contractor from liability for damages to persons or property occurring form or upon the work occasioned by negligence or otherwise, growing out of a failure on the part of the Contractor to leave in place sufficient sheeting and bracing to prevent any caving or moving of the ground. REMOVAL OF SHORING AND BRACING MATERIALS A. Whether the Contractor elects not to remove shoring and bracing material, all such material shall be removed to the extent that the top of the material shall be a minimum of 5 feet below the proposed finished grade. B. Removal of shoring and bracing shall be carried out in a manner such that no structure shall be disturbed or damaged during or after removal. Protection of structures during the removal of the shoring and bracing shall be the sole responsibility of the Contractor, and any disturbance or damage shall be rectified at no expense to the Owner. SAFETY Installation and removal methods of shoring and bracing shall meet, or exceed, the minimum requirements of the applicable codes and safety precautions as outlined in such codes, and shall be enforced by the Contractor. METHOD OF PAYMENT The Contractor shall not receive separate payment for the cost of shoring and bracing. All costs for shoring and bracing shall be included within the unit payment item for related retaining wall item listed on the Proposal Form. END OF SECTION 02160 - SHORING AND BRACING DIVISION 2 - PAGE 21 of 45 . DIVISION 2 - SITE WORK . SECTION 02200 - SITE PREPARATION WORK INCLUDED The Contractor shall fumish labor, materials, equipment and appurtenances necessary or required to perform and complete all work including, but not limited to the following: A. Location and Stakeout B. Clearing, removing and the legal disposal of all debris and miscellaneous structures not covered under other sections of these Specifications. C. The Contractor shall do all stakeout, layout, and elevations necessary to perform the intended construction. Surveying shall be performed by a Licensed land Surveyor acceptable to the Engineer. All instruments, equipment, stakes and any other material necessary to perform this work satisfactorily shall be provided by the Contractor and approved by the Engineer. QUALITY ASSURANCE A. Location and stakeout work shall be performed by a Professional Engineer or Land Surveyor duly licensed in the State of New York. B. The Contractor shall, at their own expense, secure and pay for all permits, inspections, fees and give all legal notices that may be required in connection with the work, including the notification of owners of existing subsurface gas and other utility lines. INSPECTION A. The Contractor shall visit and thoroughly familiarize themselves with the site and with the scope of work to be done. B. When the Contractor submits their proposal, it shall be interpreted to mean that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule #53 of Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. DIVISION 2 - PAGE 22 of 45 . DIVISION 2 - SITE WORK . C. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. PERFORMANCE A. The Contractor shall exercise diligent care to protect existing trees, shrubs and under-growth not to be removed and shall replace at his own expense any such existing plants, trees, shrubs or other plant material removed, destroyed, disfigured or damaged because of his negligence with similar planting approved by the Engineer. B. All wood and brush shall be legally disposed of by the Contractor at their own expense. ADJUST AND CLEAN The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10 inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Tree roots which must be severed should be cut clean. Backfill material around roots shall be topsoil. C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from tree so that all equipment such as backhoes and dump trucks do not contact tree trunk or branches. D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. E. Material shall only be stockpiled in locations approved by the engineer. No DIVISION 2 - PAGE 23 of 45 . DIVISION 2 - SITE WORK . equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off-site. F. Obstructive and broken branches should be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further out from trunk. The final cut should be made by placing the shears or saw in front of the branch bark ridge and cutting downward and slightly outward. Do not paint the wounds. G. Any trees damaged during construction shall be repaired by an approved tree surgeon. Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, burlapped and platformed and planted at the direction of the Engineer. H. Where cuts expose or affect root systems of trees, the exposed roots shall be cut off cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. METHOD OF PAYMENT The Contractor shall not receive separate payment for the cost of site preparation. All costs for site preparation shall be included within payment item #4 as listed on the Proposal Form. END OF SECTION 02200 - SITE PREPARATION DIVISION 2 - PAGE 24 of 45 . DIVISION 2 . SITE WORK . SECTION 02221. UNCLASSIFIED EXCAVATION AND GRADING CLASSIFICATION Classification of excavation: Excavation shall be unclassified, and the term "unclassified excavation" shall be understood to mean any and all materials encountered during excavation work including structures, pavement, abandoned structures, stumps, foundations, retaining walls, earth, piping, demolition, drainage systems, etc. GENERAL SITE EXCAVATION A. The Contractor shall as necessary for safe construction and repair of the proposed construction to the specifications and/or as approved by the engineer. Material, which is unacceptable to the Engineer, shall be disposed of at the Contractor's expense. B. Unstable soil shall be removed and replaced with sand or gravel and shall be thoroughly compacted. C. Adequate provision shall be made to intercept or divert all surface water from the areas of construction operations and designated wetlands. D. The Contractor shall establish a construction grid for the areas of proposed excavation a grading to establish all stakeout, layout, and elevations necessary to perform the intended construction. All instruments, equipment, stakes and any other material necessary to perform this work satisfactorily shall be provided by the Contractor and approved by the Engineer. METHOD OF PAYMENT The Contractor shall receive separate payment for the cost of unclassified excavation and grading. All costs for unclassified excavation and grading shall be included with payment item #4 as identified on the Proposal Form. END OF SECTION 02221 . UNCLASSIFIED EXCAVATION AND GRADING DIVISION 2 - PAGE 25 of 45 DIVISION 2 - SITE WORK . . SECTION 02222 - CLEAN GRANULAR FILL DESCRIPTION Under this Item, the Contractor shall furnish, place and compact clean granular fill material in accordance with the plans and specifications and/or as directed by the Engineer. MATERIALS Clean granular fill shall be sound, hard, durable bank run sand and gravel. Gradation shall be as follows as determined by ASTM 0422 Testing Methods Sieve Size Percent Passinq bv Weiqht 1-inch No. 40 No. 200 100% 0-70% 0-10% The Engineer reserves the right to randomly test for conformance any material that arrives at the site. All costs associated with laboratory testing of the material shall be borne by the Contractor. CONSTRUCTION DETAILS The Contractor shall furnish and place clean granular fill material as directed by the Engineer. The fill material shall be placed in 6" to 9" lifts and thoroughly compacted with a vibratory tamper or other approved means. The fill material shall be compacted to 95% of maximum density at optimum moisture content in accordance with ASTM 0698 Standard Proctor. Testing fees shall be borne by the Contractor. METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of furnishing and installing clean granular fill. All costs for clean granular fill shall be included within the unclassified excavation and grading payment item #4 as identified on the Proposal Form. END OF SECTION 02222 - CLEAN GRANULAR FILL DIVISION 2 - PAGE 26 of 45 DIVISION 2 - SITE WORK . . SECTION 02512 PVC PIPE AND FITTINGS DESCRIPTION Furnish and installation of all specified plastic (PVC) pipe and fittings required for the installation of the storm water drainage system as indicated on the Contract Drawings. SUBMITTALS Product Data: Manufacturer's specifications with detailed information regarding dimensions, pressure rating, fittings and installation instructions. Manufacturer's data must indicate compliance with the standards specified herein. MATERIALS All pipes and frttings are to be Schedule 80 Polyvinyl Chloride (PVC) pipe. All PVC shall be manufactured from a Type I Grade I Polyvinyl Chloride (PVC) compound with a cell classification of 12454 per ASTM D1784. All pipes shall be manufactured in strict compliance to ASTM D1785 with compliance marking on each section of pipe. Pipe shall be manufactured from Harvel Plastics (610) 252- 7355 or approved equal. Physical properties shall include: Phvsical Prooertv Value Reference Specific Gravitv + 0.02 1.4 ASTM D792 Tensile Strenath, osi (a)73OF 7100 ASTM D638 Modulus of Elasticitv in Tension, psi @l73OF 400,000 ASTM D638 Flexural Strenath, osi 12,000-14,000 ASTM D790 Izod Impact, Ft.Lbs/in., Notch (a)73OF 0.65 ASTM D256 Heat Deflection OF 11il264osi 160 ASTM D648 Heat Resistance OF 140 Thermal Conduclivitv, BTU/hr./so.FT.fF/in 1.2 ASTM C177 Coefficent of Exoansion, in./in.fFx10.5 3.0 ASTM D696 Water Absorption, %/24 hrs. 11il73OF 0.05 ASTM D570 Cell Classificiation 12454B ASTM D 1784 Color Code Dark Grav INSTAllATION A. Install pipe as indicated on the Drawings. B. Pipe in Trenches: 1. Keep trenches free from water. 2. Grade and shape trench bottom to insure a firm uniform bearing for the entire trench length. Provide a minimum cover of 4"-6" to DIVISION 2 - PAGE 27 of 45 . DIVISION 2 - SITE WORK . finished grade unless otherwise shown on the drawings. 3. Cut pipe as recommended by the manufacturer. 4. Lay pipe on a continuously rising grade from low points to high points 5. At each joint, dig a bell hole sufficiently wide and deep to allow the pipe barrel to bear uniformly on the trench bottom. PROTECTING PIPE A. During the progress of the Work keep pipe clean from all sediment, debris, and other foreign material. B. Close all open ends of pipes and fittings securely with removable plugs at end of Work day, during storms, when the Work is left at any time, and at such times as the Director's Representative may direct. METHOD OF MEASUREMENT The Contractor shall receive separate payment for the cost of (PVC) pipe and fittings under Item # 11. All costs for (PVC) pipe and fittings shall be compensated on a linear foot basis as defined in the Proposal Form of the specification. END OF SECTION 02512 - PVC PIPE AND FITTINGS DIVISION 2 - PAGE 28 of 45 . DIVISION 2 - SITE WORK . SECTION 02577 - PAVEMENT STRIPING QUALITY ASSURANCE A. Regulatory Requirements: Chapter III of Title 6 of the official compilation of Codes, Rules and Regulations of the State of New York (Title 6 NYCRR), Part 205 Architectural Surface Coatings. B. Certification: Affidavit by the paint applicator, certifying that the materials comply with the current regulatory requirements in effect at the time products were delivered and applied. PROJECT CONDITIONS A. Perform the painting operations after working hours, on weekends or at such time so as not to interfere with the flow of traffic. Provide temporary barriers to prevent vehicles from driving over newly painted areas. B. Apply paint on dry pavement surface, when the air temperature is above 40 degrees Fahrenheit. MATERIALS Paint: DOT Section 640-Reflectorized Pavement Marking Paints - yellow, blue or white as indicated or if not indicated as directed. PREPARATION A. Remove dust, dirt, and other foreign material detrimental to paint adhesion. B. Mark layout of stripes and lines with chalk or paint. APPLYING PAVEMENT MARKING Apply paint in accordance with DOT Section 640-3.02. METHOD OF PAYMENT All costs for pavement markings shall be included within the payment item #13 defined in the Proposal Form of the specification. END OF SECTION 02577 - PAVEMENT STRIPING DIVISION 2 - PAGE 29 of 45 . DIVISION 2 . SITE WORK . SECTION 02630 - STORMWATER DRAINAGE WORK INCLUDED The work shall include furnishing all labor, material, equipment, and incidentals necessary to install pre-cast concrete drainage structures, pipes, culverts, frames and grates, frames and covers, stone, suitable granular porous leaching material (soil), and all other necessary operations to construct the stormwater drainage system in accordance with the plans, specifications and/or as directed by the Engineer. SHOP DRAWINGS Submit complete and accurate shop drawings, catalog cuts, details for the Engineer's approval. No installation shall be made prior to approval of the Engineer. MATERIALS A. leachinq Pools - Leaching pools shall consist of leaching rings and a solid wall dome. The diameter and depth of the leaching pools shall be as indicated on the plans. The leaching rings and solid wall dome shall be as manufactured by Suffolk Precast Inc., Calverton, NY or an approved equal. B. Solid Covers (precast concrete) - The solid cover shall be precast concrete be as shown on the construction drawings and manufactured by Suffolk Precast Inc., Calverton, NY or an approved equal. C. Frames and Grates (circular qrate) - The frame and grate shall be heavy-duty type frame and grate as manufactured by Campbell Foundry Company or an approved equal. Frames and grates shall be as shown on the construction drawings. D. Frames and Covers (circular solid cover) - The frame and solid cover shall be heavy-duty type frame and cover as manufactured by Campbell Foundry Company or an approved equal. Frames and covers shall be as shown on the construction drawings. INSTAllATION A. The Contractor shall excavate for the installation of the structures and pipes at the locations and to the limits as shown on the contract drawings. B. The outside area of the leaching structures shall be backfilled with clean granular porous material as specified. DIVISION 2 - PAGE 30 of 45 . DIVISION 2 - SITE WORK . c. Pipes are to be installed to the lines and grades as indicated on the plans. D. The Engineer reserves the right to reject backfill material if in his opinion contains deleterious material. The Engineer shall determine if the compaction effort is sufficient to complete the installation. E. Frames and grates/covers shall be installed to the grades as indicated on the plans. F. Frames and grates/covers shall be well mortared in place. METHOD OF PAYMENT All costs for stormwater drainage shall be included within the payment items (5, 5a, 6 and 7) as defined in the Proposal Form of the specification. END OF SECTION 02630 - STORMWATER DRAINAGE DIVISION 2 - PAGE 31 of 45 . DIVISION 2 - SITE WORK . SECTION 02722 - PAVEMENT SUBBASE PREPARATION WORK INCLUDED The work shall include stripping and removing unsuitable materials, performing cut and fill operations, adjusting existing castings to proposed grade and fine grading the surface to construct a subbase for the proposed walkway, roadway and parking fields in accordance with the plans, specifications and/or as directed by the Engineer. CONSTRUCTION DETAILS A. In the area that will receive pavement, the Contractor shall strip, remove and dispose of, all asphalt, concrete and unsuitable material containing organic matter, such' as muck, peat, organic silt, topsoil or grass, that is not satisfactory for use for pavement construction. Upon completion of the removal of the unsuitable materials to the satisfaction of the Engineer, the Contractor shall grade the area by cutting and filling as required. Any excess suitable excavated material shall be used for various backfilling operations. No additional payment will be made for re-handling of this material. In the event that during subbase preparation operations additional fill is required to stabilize the subbase and/or to achieve the specified grade, the Contractor to import Clean Granular Fill under the Unclassified Excavation and Grading item. B. After the cutting and filling operation is completed, the Contractor shall fine grade and properly compact the subbase. The subbase shall be compacted using a minimum 10-ton roller. The subbase shall be compacted to 90% of maximum density within 3 percent of optimum moisture content in accordance with ASTM D 1557 Modified Proctor. C. The Engineer will be sole judge in determining if the subbase is acceptable for placement of the subsequent courses. The Contractor shall not continue until he has received approval by the Engineer. D. Existing castings (drainage & sanitary) shall be adjusted to the proposed grades with concrete bricks and mortar (if applicable). METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of pavement subbase preparation. All costs for pavement subbase preparation shall be included within the payment item # 9 as defined in the Proposal Form of the specification. END OF SECTION 02722 - PAVEMENT SUBBASE PREPARATION DIVISION 2 - PAGE 32 of 45 . DIVISION 2 - SITE WORK . SECTION 02723 RECYCLED PORTLAND CEMENT CONCRETE AGGREGATE BASE COURSE WORK INCLUDED This work includes furnishing and installing a Recycled Portland Concrete Cement Aggregate (RCA) base course over an approved subgrade to the depth, lines and grades where shown on the plans and/or as directed by the Engineer. MATERIALS A. The Recycled Portland Cement Aggregate (RCA) material shall conform to the provisions of the Standard Specifications Construction and Materials of the New York State Department of Transportation of January 2, 2002 (metric units). B. The Contractor shall perform and submit laboratory analysis to verify conformance of this material. Test results shall be submitted to the Engineer prior to acceptance of this material. The cost for all laboratories testing of the material shall be borne by the Contractor. CONSTRUCTION DETAILS Upon approval of the compacted soil subbase by the Engineer, the Contractor shall furnish, place and compact the recycled concrete aggregate to the specified lines and grades. Tolerance of the compacted RCA base course shall be plus/minus Yo inch. METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of Recycled Portland Concrete Cement Aggregate (RCA) base course. All costs for Recycled Portland Concrete Cement Aggregate (RCA) base course shall be included within the payment item #9 as defined in the Proposal Form of the specification. END OF SECTION 02723 - RECYCLED PORTLAND CEMENT CONCRETE AGGREGATE BASE COURSE DIVISION 2 - PAGE 33 of 45 . DIVISION 2 . SITE WORK . SECTION 02740 ASPHALTIC CONCRETE PAVEMENT WORK INCLUDED A. This work includes furnishing all labor, materials, equipment, and incidentals necessary to construct new asphaltic concrete pavement for the proposed roads and parking fields in accordance with the plans and specifications and as directed by the Engineer. B. The Hot Mix Asphalt material shall conform to the provisions of the Standard Specifications Construction and Materials of the New York State Department of Transportation of January 2, 2002 (metric units). REFERENCE STANDARDS In addition to complying with all pertinent codes, regulations, and specifications comply with the referenced or applicable portions of the provisions of the Standard Specifications Construction and Materials of the New York State Department of Transportation of January 2,2002 (metric units). MATERIALS A. Tack Coat - The bituminous tack coat shall meet all requirements the New York State Department of Transportation Standard Specifications of January 2,1995 for Item 407.01 Tack Coat. B. Asphalt Concrete-Tvpe 3 Binder Course - The asphalt concrete binder course shall meet all requirements the New York State Department of Transportation Standard Specifications, January 2, 2002, Section 403 Hot Mix Asphalt (HMA) Pavements for Municipalities. C. Asphalt Concrete-Tvpe 6F Top Course - The asphalt concrete top course (High Friction) Marshall Design shall meet all requirements the New York State Department of Transportation Standard Specifications, January 2, 2002, Section 403 Hot Mix Asphalt (HMA) Pavements for Municipalities. INSTAllATION A. All Construction Details requirements of the New York State Department of Transportation Standard Specifications of January 2, 2002 shall apply except as herein modified. B. No asphalt concrete courses shall be place prior to Engineer's acceptance of the base course. C. Tack coat shall be applied to curb faces abutting proposed asphalt concrete DIVISION 2 - PAGE 34 of 45 . DIVISION 2 - SITE WORK . pavement immediately prior to placement of the new pavement. D. Existing asphalt placement to be resurfaced shall be machine swept by the Contractor prior to the placement of the new pavement. It shall be the Contractor's responsibility to insure that the pavement is thoroughly clean, free of all mud, dust and other loose material, and to the satisfaction of the Engineer, immediately prior to the application of the bituminous mixture. All loose material shall be removed with power operated sweepers and/or hand brooms as may be required and trucked from the construction site to the disposal areas approved by the Engineer. Immediately prior to asphalt resurfacing the Contractor shall apply a tack coat over the existing asphalt pavement. E. The asphalt concrete courses shall each be laid down in one lift, to the compacted depth, as shown on the plans. METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of asphaltic concrete pavement. All costs for asphaltic concrete pavement shall be included within the payment item #9 as defined in the Proposal Form of the specification. END OF SECTION 02740 - ASPHALTIC CONCRETE PAVEMENT DIVISION 2 - PAGE 35 of 45 . DIVISION 2 . SITE WORK . SECTION 02772 - CONCRETE CURB WORK INCLUDED A. Under this Item, the Contractor shall construct a conventionally formed concrete curb in accordance with the Details, Specifications and/or as directed by the Engineer. B. The construction of the concrete curbs shall meet the requirements of the New York State Department of Transportation Standard Specifications of January 2, 2002, as amended for Section 609 Conventionally Formed or Machine Formed Concrete Curb except as herein modified. MATERIALS A. The materials shall meet the requirements of the following subsections of Section 700 - Material: Portland Cement Fine Aggregates Coarse Aggregates Pre molded Resilient Joint Filler Wire Fabric For Concrete Reinforcement Polyethylene Curing Covers Water 701-01 703-01 703-02 705-07 709-02 711-04 712-01 B. The material requirements and composition shall comply with the Specifications for Class "A" concrete in Section 501 - Portland Cement Concrete - General. Concrete shall be proportioned in accordance with the aggregate weights specified for Class "A" concrete in Table 501-3, Concrete Mixtures. C. The concrete cement shall have a minimum compressive strength of 3,500 psi at 28 days. CONSTRUCTION DETAILS A. The curb shall be conventionally formed to the size and shape shown on the Details or as directed by the Engineer. B. Curbs shall not be poured monolithically with the sidewalk unless otherwise directed by the Engineer. C. Castinq Seqments - Curb shall be cast in segments having a uniform length of approximately 20 feet. Segments shall be separated by contraction scoring. Contraction scoring shall be 1/4" wide x 1" deep - "V" shaped. DIVISION 2 - PAGE 36 of 45 . DIVISION 2 - SITE WORK . D. Expansion Joints - Expansion joints 3/4 inch in width shall be formed with "Premolded Resilient Joint Filler", Section 705-07 placed at twenty (20) foot intervals as shown on the Plans and specified by the Engineer. The filler material shall be cut 1 /4" below top of the curb. E. Forms - Forms shall be steel or wood, straight, free from warp, and of such construction that there will be no interference to inspection for grade or alignment. All forms shall extend for the full curb depth and shall be braced and secured adequately so that no displacement from alignment will occur during placing of concrete. F. Handlinq and Placinq Concrete - Concrete shall be placed in the forms in accordance with the applicable requirements of Section 555-3.04 and shall be compacted with an approved, immersion type mechanical vibrator. The vibrator shall be of the size and weight capable of thoroughly vibrating the entire mass without damaging or misaligning the forms and shall be approved by the Engineer. Forms shall be left in place for 24-hours or until the concrete has sufficiently hardened, as determined by the Engineer, so that they can be removed without injury to the curb. Upon removal of the forms, the exposed faces of the curb shall be immediately rubbed to a uniform surface. Rubbing shall be accomplished by competent finishers. No plastering will be permitted. G. Concrete Curinq - Curing of the curb shall comply with the requirements of Section 502-3.11, Curing. Minimum curing periods for the various types of curing materials used shall comply with the requirements of Table 502-3. H. Protection - The Contractor shall keep the curb clean, aligned and protected from damage until final acceptance of the work. Any curb damaged prior to the final acceptance of the work shall be repaired or replaced at the Contractor's expense. METHOD OF PAYMENT All costs for concrete curb shall be included within the payment item #8 as defined in the Proposal Form of the specification. END OF SECTION 02772 - CONCRETE CURB DIVISION 2 - PAGE 37 of 45 . DIVISION 2 . SITE WORK . SECTION 02891 - SIGNAGE WORK INCLUDED This work includes furnishing all labor, materials, equipment, and incidentals necessary to install new signs for the proposed roads and parking fields in accordance with the plans and specifications and as directed by the Engineer. Proposed signs shall include but not be limited to directional signs, handicapped parking signs, and traffic signs. The construction of the signs shall meet the requirements of the New York State Manual of Uniform Traffic Control Devices (NYS MUTCD) Volume 178 of the New York Codes, Rules and Regulations. MATERIALS A. Sion Panels - The aluminum sign panels shall meet all requirements of the New York State Manual of Uniform Traffic Control Devices (NYS MUTCD) Volume 178 of the New York Codes, Rules and Regulations. 8. Concrete for Foundations - The concrete foundations shall meet all requirements of the New York State Manual of Uniform Traffic Control Devices (NYS MUTCD) Volume 178 of the New York Codes, Rules and Regulations s. C. Sion Posts and Support Svstems - The sign posts and support systems shall be galvanized steel and meet all requirements of the New York State Manual of Uniform Traffic Control Devices (NYS MUTCD) Volume 178 of the New York Codes, Rules and Regulations. INSTALLATION A. All Construction Details requirements of the New York State Manual of Uniform Traffic Control Devices (NYS MUTCD) Volume 178 of the New York Codes, Rules and Regulations shall apply except as herein modified. 8. No signage shall be place prior to Engineer's acceptance of the proposed sign location. METHOD OF PAYMENT All costs for signage shall be included within the payment item #15 as defined in the Proposal Form of the specification. END OF SECTION 02891 - SIGNAGE DIVISION 2 - PAGE 38 of 45 DIVISION 2 - SITE WORK . .. . SECTION 02900 - BEACH GRASS PLANTING DESCRIPTION The Contractor shall furnish labor, equipment and materials necessary to complete the beach grass planting within the indicated planting areas in accordance with the plans and specifications and as directed by the Engineer MATERIALS Plants shall be Cape American Beach Grass (Ammophilia brevilialata 'Cape'). The plants shall be complete with NYS Certified Field Inspection Tag and each plant will be comprised of 3 to 5 culms. All plant material shall be true to name and size in conformity with the following standard: 1. Hortus Third. 1976. Revised and expanded by the staff of the Liberty Hyde Bailey Hortorium, New York, NY: Macmillan Publishing Co. PLANT MATERIAL AND INSTALLATION They shall be sound, healthy and vigorous, of uniform growth, typical of the species and variety, well-formed, free from irregularities. This strain of beach grass should not be planted in the summer. Fertilize in the spring with 80 pounds of inorganic nitrogen fertilizer per acre as approved by the engineer. Plants shall have well-established roots and be planted bare root by hand. The spacing shall be a minimum of 12" on center over the disturbed areas resulting from the installation of the sanitary and drainage field installation. Planting shall be in staggered rows. Deliverv: All plants shall be packed, transported, and handled with the utmost care to ensure adequate protection against injury. Plants with broken, cracked or damaged will not accepted and the plant material shall be replaced at no extra cost to the Town. Any inspection certificates required by law shall accompany each shipment invoice. Inspection: The contractor shall plant no plant material until it is inspected and approved by the Engineer at the site of the project. The Engineer shall be the sole judge of the quality and acceptability of the materials. All rejected material shall be immediately removed from the site and replaced with acceptable material at no additional cost. DIVISION 2 - PAGE 39 of 45 . DIVISION 2 - SITE WORK . MAINTENANCE: At the time of planting, the soil around each plant shall be thoroughly saturated with water, and as many times later as seasonable conditions require, until final acceptance of the plant materials. Maintenance shall include watering, weeding, cultivating, control of insects, fungal infections, and other diseases by means of spraying with an approved insecticide or fungicide, pruning, and other horticultural operations necessary for the proper growth of all plants, and for keeping the entire area within the contract limits neat in appearance until the final acceptance and completion of the whole work of this contract. The maintenance schedule for the beach grass plantings shall continue for a period of time not to be less than 1 year or until such time as to become fully established and has begun to spread such that the occurrence of weeds is non-existent or incidental to the plantings. MEASUREMENT AND PAYMENT The quantity of beach grass planting to be paid for under this item (#12) shall be the number of plantings (plugs) as required by the contract drawings, which have been fertilized and maintained satisfactorily in accordance with the plans, specifications and directions of the Engineer. The price bid shall include all labor, materials, equipment, and the performance of all operations and work necessary to complete the beach grass plantings in conformity with the plans and specifications. END OF SECTION 02900 - BEACH GRASS PLANTING DIVISION 2 - PAGE 40 of 45 . DIVISION 2 . SITE WORK . SECTION 02911 - TOPSOIL DESCRIPTION The contractor shall furnish all labor, materials, equipment and incidentals necessary for hauling, stockpiling, testing, placing, grading, and compacting of topsoil in accordance with the Specifications, Engineer and as indicated on the Contract Drawings. SUBMITTALS Contractor shall submit test results for all mechanical and chemical properties of the topsoil to be delivered to the site MATERIALS A. Topsoil shall be the surface layer of soil with no admixture of refuse or material toxic to plant growth and shall be free from subsoil, stumps, roots, brush, stones, clay, lumps or similar objects larger than 2" in greatest diameter. The organic content shall not be less than 5% or more than 20% as determined by loss on ignition of moisture free samples dried at 100 degrees. B. The pH of the topsoil shall be between 5.5 and 7.6. C. All topsoil shall meet the following mechanical analysis: Percent Passina 1" Screen y. Screen No. 100 mesh No. 200 mesh 100 65-90 20-80 20-80 . No more than 60% of the material passing the No. 100 mesh sieve shall consist of clay, as determined by the Bouyocous Hydrometer or by the decantation method. All percentages shall be based on dry weight of samples. CONSTRUCTION DETAILS No topsoil shall be spread until the subgrade elevations and the topsoil have been approved by the Engineer. DIVISION 2 - PAGE 41 of 45 . DIVISION 2 . SITE WORK . All equipment tracks, depressions, etc., shall be graded smooth. The topsoil shall be uniformly compacted. METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of topsoil. All costs for topsoil shall be included within the payment item #14 defined in the Proposal Form of the specification. END OF SECTION 02911 - TOPSOIL . DIVISION 2 - PAGE 42 of 45 . DIVISION 2 . SITE WORK . SECTION 02920 - HYDROSEED DESCRIPTION The Contractor shall furnish all labor, materials, equipment and incidentals necessary to apply hydroseeding, amend the soil and establish an acceptable stand of grass as specified, shown on the Contract Drawings and as approved by the Engineer. SUBMITTALS The Contractor shall submit to the Engineer all items described in subsequent sections as outlined by the following schedule: A. Prior to hydroseeding material delivery to the project site: 1. Certified seed mixture. 2. Certified soil amendments, I.e. fertilizer, lime, peat moss, etc. as required per Agricultural Laboratory recommendations. The Contractor shall submit the report to the Engineer. 3. Certified wood fiber mulch. B. Upon completion of hydroseeding: 1. Maintenance instructions for Owners maintenance after final acceptance. 2. Statement of warranty (1 year maintenance) . MATERIALS A. The seed mixture should be as follows and applied at a rate of 300 pounds per Acre: 70% Red Fescue (Festuca Rubra) 15% Affinity Perennial Ryegrass 15% PS 8990 Perennial Ryegrass DIVISION 2 - PAGE 43 of 45 . DIVISION 2 - SITE WORK . B. All fertilizer and lime shall be of commercial grade. . C. A 100% wood fiber mulch binder should be incorporated into the seed mixture at a rate of eight (8) pounds mulch per one (1) pound of seed. D. The 100% wood cellulose requirements: Organic Matter Ash Content pH Water Holding Capacity fiber mulch binder should meet the following 98% :1:2% 1.4% 6:1:2 90% minimum CONSTRUCTION DETAILS A. Any existing vegetation determined by the Engineer to be unsuitable shall be - removed by the Contractor prior to installing jute or erosion control mat. B. Seeding shall be done between April 15th to June 15th or September 1st to November 15th. C. Soil amendments shall be granular type incorporated into the top three inches of soil. The Contractor may utilize liquid type with manufacturer's certification and Engineer's approval. D. The manufacturer's representative and/or installation guidelines should be consulted for more specific installation guidelines. . E. Seeding: Every effort shall be taken to obtain a uniform distribution over the seeded area. The hydroseeder shall have continuous agitation action that keeps the seed mixed in the water slurry until pumped form the tank and the pump pressure shall be maintained such that a continuous pump pressure shall be maintained such that a continuous non-fluctuating stream is maintained. If distribution of hydroseeding is not uniform, the affected area shall be re-seeded at the Contractor's expense. The seed-fertilizer mixture shall be used within 4 hours of adding the seed to the tank. Seed that is allowed to remain mixed with the fertilizer for longer than 4 hours will not be accepted for ruse and no compensation will be made for seed so rejected. , F. Maintenance of Grass: The Contractor shall maintain the seeded area without additional payment until a uniform stand of grass approximately two and one- half (2-1/2) inches high has been obtained. Any areas that have been damaged or fail to show a uniform stand of grass shall be re-fertilized and re- seeded with the original mixture at the Contractor's expense until all the designated areas are covered with grass. The Contractor shall properly water, DIVISION 2 - PAGE 44 of 45 . DIVISION 2 - SITE WORK . protect if necessary, the areas until a satisfactory stand is obtained. , G. When any portion of the surface becomes gullied or otherwise damaged, or when treatment is destroyed, the affected portion shall be repaired to re- establish condition and grade of soil and treatment prior to injury as directed at no additional cost to the Owner. Repair work required because of faulty operations (delays) or negligence on the part of the Contractor shall be performed without additional cost to the Owner. The Contractor shall make any repairs as directed by the Engineer before final acceptance. . METHOD OF MEASUREMENT The Contractor shall not receive separate payment for the cost of hydroseed. All costs for hydroseed shall be included within the payment item #14 as defined in the Proposal Form of the specification. END OF SECTION 02920 - HYDROSEED r , DIVISION 2 - PAGE 45 of 45