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Metal Dump - Fishers Island
JUDITH T. TERRY � '° Town Hall, 53095 Main Road 4 + : + ,ter, P.O. box 1179 TOWN CLERK N Southold, New York 11971 REGISTRAR OF VITAL STATISTICS c. v' "# Fax (516) 765-1823 MARRIAGE OFFICER '!�jnn_ . �� Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 21 , 1993 Donald J . Falvey, President Falvey Construction Corporation P.O. Box 699 Killingworth, Connecticut 06419 Dear Mr. Falvey: The Southold Town Board, at a regular meeting held on October 19, 1993, rejected your bid and that o f New England Landscape S Fence, Inc. , for the clean-up and restoration of the Fishers Island Metal Dump. The specifications are being revised for a rebid in the near future. Once they are available, I will send you a set at no charge, whereas you paid a $25.00 fee to obtain the specifications for the bid which the Board rejected. Returned herewith is your Five Percent Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure / - Continental Insurance. BID BOND Approved by The American Institute of Architects, A.I.A. Document No. A-310 (Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, That we Falvey Construction Corporation, 184 Route 81, Building 2, Unit 2, P. 0. Box 699, Killingworth, CT 06419 as Principal, hereinafter called the Principal, and Firemen's Insurance Company of Newark, New Jersey , of Newark, New Jersey a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold New York in the sum of Five Percent (57) of the Amount Bid as Obligee, hereinafter called the Obligee, Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind our- selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Clean Up and Restoration of the Metal Dump Fishers Island, NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 7th day of October A. D. 19 93 Corporation Falvey Construction Corpor ' =(Seel) 1 (Principal) witness> Donald J. Falvey (Title)President Firemen's Insurance Company of Newark, New jersey -�--�� (Surety) ^ (Witness) Michael F. Met yer (Title) Attorney r �ti���10gC"'��tIG�pOti01 1L�10t IC7�lC.�'7t�tG���iK i BID BOND BOND NO. Amount • Date Issued On Behalf of Principal In Favor of Obligee / Continental Insurance® - • * Firemen's Insurance Company of New rk, New Jersey GENERAL POWER OF ATTORNEY Know all men by these Presents,That the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has made,constituted and appointed,and by these presents does make,constitute and appoint Michael F. Metayer of Hartford, Connecticut its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to ALL Obligees provided that no bond or undertaking or contract of suretyship executed under this authorityshall exceed in amount the sum of Ten Million (10,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW IERS EY at a meeting duly called and held on the 13th day of January, 1989: RESOLVED,that the Chairman of the Board,the vice Chairman of the Board.the President.an Executive Vice Presdent or a Senior vice Presider'or a Vice Presdent of the Comoanr,be.and that each or any of them hereby is,authorized to execute Powers of Attorney qualifying im attorney named in the given Power of Attorney to execute in behaif of the FIREMEN'S INSURANCE COMPANY OF NEWARK.NEW IERSEY,bonds.undertakings and aki contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the sea!of the Company. FURTHER RESOLVED,that the signatures of such orkm and the seal of the Company may be atfoted to any such Power of Attorney or to any certificate relating thereto by faafmde,and urvsuch Powerof Attomeyor tsrnnote beanngsudh facu miesignatures or facsmie seal OW be vaid and binding upon the Company when so affixed and in the future with respect to any bond.undertaking or contract of sumtysihip to which it is attached..' In Witrtess Whereoi,the FIREMEN'S INSURANCE COMPANY OF NEWARK,NSW IERS EY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 29 day of July 19 . 92 FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY Attest: B / O.L.Banta,Assistant vice President �'^�� • William Z Fornsneil,Vice President STATE OF CONNECTICUT COUNTY OF HARTFORD On this 29day of JULY , 19 92before me Personally came William Z Fornsheil,to me known,who being by me duly swom, did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the t3oaro of Directors of said corporation ana that he signed his name thereto by like order. sF Q, V'HJTARV i l r GLORIA O.SEEKINS NOTARY PUBLIC My commission Expires Murch 31,1993 CERTIFICATE I, the urdersigned.an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK.NEW JERSEY, a New Jersey corporation,DO HEREBY CERTIFY that the foregoing and attached Pourer of Attomey remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed at the town of Farmington,the State of Connecticut. Dated the 7th day of October 1993 . _ r =�' I.Dennis cane.As...vice Presdent Printed in U.S.A. 21 BOND 4315L JUDITH T. TERRY ?�= -{ Town Hall, 53095 Main Road TOWN CLERK C" > P.O. Box 1179 REGISTRAR OF VITAL STATISTICS `. Southold, New York 11971 . �( Fax (516) 765-1823 MARRIAGE OFFICER . � Telephone (516) 765-1801 i OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 21 , 1993 New England Landscape & Fence, Inc. 304 Shewville Road Ledyard, Connecticut 06330 Gentlemen: The Southold Town Board, at a regular meeting held on October 19, 1993, rejected your bid and that of Falvey Construction Corporation, for the clean-up and restoration of the Fishers Island Metal Dump. The specifications are being revised for a rebid in the near future. Once they are available, I will send you a set at no charge, whereas you paid a $25.00 fee to obtain the specifications for the bid which the Board rejected. Returned herewith is your Five Percent Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure VIGILANT INSURANCE COMPANY 15 Mountain View Road, P. O. Box 1615 BID BOND Warren, New Jersey 07061-1615 (AIA A310) KNOW ALL MEN BY THESE PRESENTS that NEW ENGLAND LANDSCAPE & FENCE, INC. as Principal, and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are held and firmly bound unto TOb)J OF SOUI'HOLD as Obligee, in the sum of FIVE PERCENT OF THE AMOUNT BID Dollars ($ 5% ), for the payment of which sum, well and truly to be made,the Principal and Sure bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a bid for FISHER'S ISLAND METAL DUMP RESTORATION NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specked in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into 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, sealed and dated OCTOBER 6, 1993 NEW ENGLAND LANDSCAPE & FENCE, !N(I.. by VIGILANT INSURANCE COMPANY' bya&t �,Gz T�YITE RIVERA Attorney in Fact Form 15-02-0332 (Ed. 11/92) -r" r ►POWER OF /t TQIE."�`� Know all Men by these Presents, That the VIGILANT INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New York Corpora- tion, has constituted and appointed, and does hereby constitute and appoint Vincent J. Como, Christopher J. Como and Jeannette Rivera of Bridgeport, Connecticut------------------------------------------------------ each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds or obligations given or executed in the course of its business, and consents for the release of retained percentages and/or final estimates. In Witness Whereof,the said VIGILANT INSURANCE COMPANY has,pursuant to its By-Laws,caused these presents to be signed by its Vice-President and Assistant Secretaryand its corporate seal to be hereto affixed this 19th day of November t9 92 Corporate Seal C,4 y o� Y a a J, a �.� y2►' e / VIGILANT IN RANCE COMPANY By 41 Richard D.O'Connor George McClellan Asst nt Secretary Vice-President STATE OF NEW JERSEY County of Somerset SS. On this 19thNovember 92 day of 19 ,before me personally came Richard D.O'Connor to me known and by me known to be Assistant Secretary of the VIGILANT IN- SURANCE COMPANY,the corporation described in and which executed the foregoing Power of Attorney,and the said Richard D.O'Connor being by me duly sworn,did depose and say that he is Assistant Secretary of the VIGILANT INSURANCE COMPANY and knows the corporate seal thereof;that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Company,and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority;and that he is acquainted with George McClellan and knows him to be the Vice-President of said Company,and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By-Laws and in deponent's presence. Notarial Seal• E�� Acknowledged and Sworn to before me r ,.v:�•�>'': on the date above JANET A. nn olary Public CERTIFICATION Noury Public,State of New Jerse�'1 N°,2f365529 1994 STATE OF NEW JERSEY 1 C�issioa Expires Ocilobcr 2. 1 SS. County of Somerset _ 1,the undersigned.Assistant Secretary of the VIGILANT INSURANCE COMPANY,do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on June 13.1974 and most recently amended March 3.1986 and that this By-Law is in fun force and effect. "ARTICLE Xv Section 2.All bonds,undertakings,contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice-Chairman or the President or a Vice-President,jointly with the Secretary Or an Assistant Secretary,under their respective designations,except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3.All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the Vice-Chairman or the President ora Vice- President or an Vice-President•jointly with the Secretary or an Assistant Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,Vice Chairman,President,any Vice President,any Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undenakins and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and Certified by SuCh facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I further certify that said VIGILANT INSURANCE COMPANY is duty licensed to transact fidelity and surety business in the State of CoAtiecf(cA,-- .and is also duly licensed to become sole surety on bonds,undertakings,etc.permitted or required by the laws of the United States. And I further certify that the foregoing Power of Attorney is now in full force and effect. t[0&J/_�/, !� 2 Given under my hand and the seal of said Company at War &—f en,N.J.,this 1 day of 9 '7—5 Corporate Seal , AssistaatSecretary Form 21.1f}03Sb1R– ev 11.921Cf1NRFNT "IIN NTeb F OIK�OGy o JUDITH T. TERRY = = Town Hall, 53095 Main Road TOWN CLERK C=1 T P.O. Box 1179 tl� REGISTRAR OF VITAL STATISTICS Southold, New York 11971 y � MARRIAGE OFFICER Fax (516) 765-1823 O O� Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 19, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for bids for the clean-up and restoration of the metal dump at Fishers Island, all in accordance with the revised bid specifications. Judith T. Terry Southold Town Clerk October 20, 1993 i �► �oc��FF01'K��Gy JUDITH T. TERRY < Town Hall, 53095 Main Road TOWN CLERK T P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER y0 O�- Fax (516) 765-1823 'r•�! �`a Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 19, 1993: RESOLVED that the Town Board of the Town of Southold hereby rejects the two (2) bids received for the clean-up and restoration of the metal dump on Fishers Island: Falvey Construction Corp. , Killingworth, Connecticut, and New England Landscape & Fence, Inc. , Ledyard, Connecticut. Judith T. Terry Southold Town Clerk October 20, 1993 t PROPOSAL FORM DATE: c!) cv6 (� l C�C$ -> NAME OF BIDDER: -.. TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder , declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud , and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the Contract, or the supplies relating to it, or in any portion of the profit thereof ; that he has carefully examined the Contract Documents dated September , 1993 including bidding requirements , contract , general and special conditions, specifications, contract drawings , and addenda, if any (Note: Acknowledgement of addenda and their dates must be included as indicated on bottom page ) ; that he has satisfied himself by personal examination of the 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 perform and complete the work at: FISHERS ISLAND FERRY DISTRICT - METAL DUMP FISHERS ISLAND, NEW YORK and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by Mr . Jim Bunchuck , Solid Waste Coordinator , Public Works Department, Peconic Lane, Peconic , New York 11958 , and complying with all the stipulations contained therein an will furnish the required Performance Bond; that he will start the work as directed by the Town , he will accept, in full payment thereof as listed below: C-1 FURNISH AND SUPPLY ALL LABOR AND EQUIPMENT REQUIRED TO CLEAN UP THE FISHERS ISLAND METAL DUMP IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written jn words ) 0 G9 cA "-0 0 (written in umbers ) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ( 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 cheek 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 the receiving 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 : Donailct` J. 1 vey /- President Business Address: c- fi' Telephone Number : off) �Q� Cl� Date: G ._ C 9 II ,,c`-` z ["l CCti�TY\ fi'� r9 STATE."MTT OF NCN-COLLUSION (To be Completed by Each Bidder) In accordance w_th Sect'_on 103-d Genera_ Municiaal Law, e=fective Septemger 1, 1966, every bid or proposal hereafter made to a political subdi�7isicr. of the Ststa of a:;7 public de^artmen-, agenc;7, or offic4al thereof or to a fire d_strict or any agenc-7 or official thereof for work or ser r,—ces 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_.t=ue under__tae penalties of perjury; g cert'_ non-collusive biddin =_cat;_ o _ on. A• By submission of this bid,_,each bidder and each. perscn si -lin on behalf of any bidder certifias, and in tae case of a joint bid. each party thereto certifies as to its cwr. organization, under penalty of Perjury, that to the best of knowledge and belief: (1) The prices in this bid nave been arrived at independently without collusion, consultation, communication, or agr_ement, for the Purpose of restricting conpetit-en, as to anv matter relating to such prices with any other bidder or any ccmpetitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knew'ng?y disclosed by the bidder and Will not k:.cwingly 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 full infored himsel= regarding talc aCC:1raC7 of the statements Contained in this Certification, and under tale statements contained in this certification, and under the penalties of perjur;7, aff;rms the t_ah 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 signator of this bid or proposal in behalf of the corporate bidder.- - _ D-1 R E S 0 L U T 1 0 N Resolved t::atL � rvC \ (. be (dame of orporation) authcrized tc sib^ and submit the b_„ Cr p rcpcsal c - ,-= t_.-s ccrporaticn for the follcwin_ Project: o,4� -NV q w I'c 3 (Descryce Project) and to include in such bid or proposal the certificate as to ncn-collusion. required by section one-hundred-three-d (103-d) of the General uunici:)al Law as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate tris cor7orate bidder shall be. liable under tze penalties of perjut- The foregoing is a true and correct copy of the resolution adopted by co�roration at a meeting on the Board of Directors held on the ("aay o 19 CA OF THE CORPORATION) Laws of New York, 1963 Ch. 751, Sec. 103-d, as amended dff ective September 1, 1965 D-2 OFFER OF SURETY (To be Completed by Each Bidder ) In the event the above Proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance , bond and/or bonds to protect labor and material men, the following surety: SURET� COMPANY t -> Signed ` (Bid r CERTIFICATE OF SURETY to be signed by a duly authorized official , agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidders Name ) ( Surety Company ) will execute the Surety Bonds as herein before provided . Signed : Authorized Official , Agent , of Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. F-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY. EACH BIDDER) Bidder ' s Certifications: A bidder will not be eligible for award of a contract under this invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract : BIDDER'S CERTIFICATION ( Bidder ) certifies that : 1 . it intends to use the following listed construction trades in tbe work under' the c ntr ct lIZ �� an-d a . as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: and/Cir , 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 manpower utilization goals and the specific affirmative action steps contained in said Part II , for all construction work (both state and non-state ) in the afore-mentioned area subject to these Bid Conditions , those trades being and , 3 . it will obtain from each of• its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification r uired se Bior Conditions . X. ( Signature 'o Aut rized Representative of Bidder ) r E-1 - Continental Insurance. BID BOND Approved by The American Institute of Architects, A.I.A. Document No. A-310 (Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, That we Falvey Construction Corporation, 184 Route 81, Building 2, Unit 2, P. 0. Box 699, Killingworth, CT 06419 as Principal, hereinafter called the Principal, and Firemen s Insurance Company of Newark, New Jersey ,of Newark, New Jersey a corporation duly organized under the laws of the State of New Jersey , as Surety, hereinafter called the Surety, are held ano firmly bound unto Town of Southold New York in the sum of Five Percent (5%) of the Amount Bid as Obligee, hereinafter called the Obligee, Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind our- selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Clean Up and Restoration of the Metal Dump Fishers Island, NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 7th day of October A. D. 19 93 Falvey Construction Corporation —(Sea I) (Principal) 4-C L �/ �� , wl-10 / (.I, witness) Donald J. Falvey (Title)president Firemen's Insurance Company of Newark, New ,Jersey _.(Seal) (Surety) ^ (witness) Michael F. Met yer (Title) Attorney J r �i BID BOND BOND NO. Amount • Date Issued On Behalf of Principal In Favor of Obligee / ��Continental Insurance® I Firemen's ou'rance Company of NeArk, New Jersey GENERAL POWER OF ATTORNEY Know all men by these Presents,7hatthe FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has made,constituted and appointed,and by these presents does make,constitute and appoint Michael F. Metayer of Hartford, Comecticut its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to ALL Obligees provided that no bond or undertaking or contract of suretyship executed under this authorityshall exceed in amount the sum of Ten Million (10,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY at a meeting duly called and held on the 13th day of January, 1989: -RESOLVED,that the Chairman of the Board,the Vice Chairman or the Board,the President.an Executive Vice President or a Senior Vice President or a Vice President or the Company,be,and that earn or anv of them herebv is,authorized to execute Powers or AttomevquaiifyiN the attorney named in the given Poweroi Attomey to execute in behalf of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY,bonds.undertakings and ail contracts or suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them hereby is,authorized to attest the execution or any such Power of Attorney,and to attach thereto the seal or the Company. FURTHER RESOLVED,that the signatures of such officers and the seal or the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and anvsuch PowerarAttomeywcunfm=ebeanngsta<h faaimrksign attsesortaoimiieseai shall bevaidwW bindingupon theComparyw"en so a. and in the ruture with respect to any bad,undertaking or contract or suretyship to which it is attached." In Witness Whereof,the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be sighted by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 29 day of JULY 19 92 FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY Attest: By D.L Banta,Assistant Vice President Jam-++`'• William L Fornsheil,Vice President STATE OF CONNECTICUT COUNTY OF HARTFORD On this 29day of JULY 19 92before me personally came William Z Fornsheil,to me known,who being by me duly swum, did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation described in and which executed the above instrument:that he knows the seal of the said cornotation;that the seal affixed to the said instrument is such corporate seat;that it was so affixed by order of the t3oard of Directors of said corporation and that he signed his name thereto by like order. ` 6.,NOTARv i /J GLORUk D5 NOTARY CERTIFICATE st My Commission Expires arch 31,1993 I, the undersigned.an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY,a New Jersey corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farmington, the State of Connecticut. Dat-d the 7th day of October 1993 °i 1.Dentis Lane.Assistant vice President 21 BOND 4315L '�"�'`_„ Printed in U.S.A. D.W. TRANSPORT & LEASING, INC. 66 CROSS ROAD WATERFORD, CT 06382 OCTOBER 6, 1993 (203) 848-1692 TO: SOUTHOLD TOWN BOARD PAGE 1 TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NY 11971 RE: FISHER'S ISLAND CLEAN UP DEAR MEMBERS OF THE BOARD: ENCLOSED PLEASE FIND A BID FOR THE CLEAN UP OF THE FISHER'S ISLAND METAL DUMP IN ACCORDANCE WITH THE JOB SPECS. NOTE THAT THE GENERAL CONTRACTOR IS NEW ENGLAND LANDSCAPE & FENCE, INC. AND THE SUBCONTRACTOR IS D.W. TRANSPORT & LEASING, INC. WHO WILL ACTUALLY COMPLETE THE JOB. D.W. TRANSPORT & LEASING, INC. OWNS 2 AKERMAN EXCAVATORS WITH ATTACH- MENTS AS WELL AS THE NECESSARY TRACTORS AND TRAILERS (DUMP, ROLL-OFF & WALKING FLOOR) TO COMPLETE THE REMOVAL OF ALL MATERIAL. THE COMPANY HAS PERFORMED SIMILIAR PROJECTS IN EAST LYME, GROTON, AND WATERFORD, CT AS WELL AS IN CONJUNCTION WITH COMPANIES WHO ARE LEADERS IN THE WASTE AND REC`iCLING INDUS'T'RY: BROWNING FERRY INDUSTRIES, WASTE MANAGEMENT INC. AND McCAULEY ENTERPRISES. ALL MATERIAL REMOVED WILL BE LOGGED BY CUBIC YARD AS WELL AS TONNAGES. THIS INFORMATION MAY BE HELPFUL TO THE TOWN IN MAKING A DECISION TO CONTINUE ITS RELATIONSHIP WITH D.W. TRANSPORT AT A UNIT PRICE FOR THE SCRAP REMOVAL. D.W. TRANSPORT & LEASING, INC. 66 CROSS ROAD WATERFORD, CT 06382 (203) 848-1692 TO: SOUTHOLD TOWN BOARD PAGE 2 TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NY 11971 RE: FISHER'S ISLAND CLEAN UP ATTACHED ARE COPIES OF ADDENDUM TO THE BID DOCUMENTS WHICH ARE INCLUDED IN THE JOB SPECS. D.W. TRANSPORT & LEASING, INC. WILL PROVIDE AN ONSITE CONTAINER FOR ANY HAZARDOUS WASTE FOUND ON SITE. THE TOWN WILL NOT BE HELD LIABLE FOR ANY DELAYS INCURRED IF HAZARDOUS WASTE IS FOUND AND CLEAN-UP, WHICH IS THE TOWN'S RESPONSIBILITY, IS REQUIRED ON THE SITE. PLEASE FEEL FREE TO CALL IF ADDITIONAL INFORMATION IS REQUIRED. SINCERELY DAVID WADDINGTON PRESIDENT D.W. TRANSPORT & LEASING, INC. PROPOSAL FORM DATE: �Z'�L,� NAME OF BIDDER: IJI,U TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder , declares that the .only persons , company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud , and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the Contract, or the supplies relating to it , or in any portion of the profit thereof ; that he has carefully examined the Contract Documents dated September 1993 including bidding requirements , contract , general and special conditions , specifications, contract drawings , and addenda, if any (Note : Acknowledgement of addenda and their dates must be included as indicated on bottom page ) ; that he has satisfied himself by personal examination of the 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 perform and complete the work at: FISHERS ISLAND FERRY DISTRICT - METAL DUMP FISHERS ISLAND, NEW YORK and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by Mr. Jim Bunchuck, Solid Waste Coordinator , Public Works Department, Peconic Lane, Peconic , New York 11958 , and complying with all the stipulations contained therein an will furnish the required Performance Bond ; that he will start the work as directed by the Town , he will accept, in full - payment thereof as listed below: C-1 i FURNISH AND SUPPLY ALL LABOR AND EQUIPMENT REQUIRED TO CLEAN UP THE FISHERS ISLAND METAL DUMP IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words .(written in numbers ) 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 th-e requirements of the Town and shall fail to give the required security within the ( 10 ) days after notice of t,ie 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 the receiving 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. Si-gnature of Bidder : Business Address: Jai L Lis a I , W yard, (2,1 00337 Telephone Number : C o3) dbb Date: M3 C-2 • F=X"i B V GEMACO 1� 1 Sok 0-1 1LA., MET • ---„�"x.�s...�"��� ". -fie�`93e�' _ __,__ . . .. Sar.•^_:_' -- _ ST3T—';% TT OF NCN-COLLUSION (To be Completed by Each Bidder) In. accordance with Section 103-d General 'Municipa'l Law, effecti-re Septemger 1, 1966, every bid or proposal herea``er made to a political subdivision of the S testa of any pubL'c depar=ent, agenc;r, or of`ficial thereof or to a fire district or any agency or of`icial thereof for --c-- work or serrices performed or to be performed or -cods sold or to be sold, shall contain the followi and affirmed by such bidderng statement subscribed to by the bidder - as__tr•.ie under-the penalties of perjury; non-collusive bidding cert;ficat;on. A. By submission of this bid,.-'each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each Party thereto certifies as to its own crgar_izaticn, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid nave been arrived at independently without collusion, consultation, commuaication, 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 kncwingly disclosed by the bidder and will not krcwingly 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 inform-ed hd self regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties ofury er p ] , art;�s tae trial 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 e_Yecution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder.- D-1 R E S O L U T I O N Resolved that NIW -(So4 w �A�SCQQ� 4 ��►qGt j42G, be (Namal os Cororat�on) authorized to si'n and sub-t the bid or proposal of this cornorat_cn for the folic-gins Project: Lf (Describe roject) and to include in such bid or proposal the certificate as to nen-collusion required by section one-hundred-three-d (103-d) of the General Municipal Lasa as the act and deed of such corporation, and for any inaccuracies or mis-statements in suc__ certificate tris ccrnorate bidder shall be. liable urder the penalties of perjuts. The foregoing is a true and correct copv of the resolution adopted by ►�ui) -11 Q!Q.(l d 4 co omooration at a meeting on the Board of DirectC/ ors he_d cn the -sL- da,7 o= 10- (SEAL a(SEM, OF THE CORPOLITION) Laws Of New York, 1963 Ch. 751, Sec. 103-d, as amended df€ective September 1, 1965 D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder ' s Certifications: A bidder will not be eligible for award of a contract under this invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract : BIDDER'S CERTIFICATION certifies that : 1 , it intends to use the following listed construction trades in the w rk under the contract , and , � • a• as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being : -V a yam- :Muck_ �yi WLl 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 manpower utilization goals and the specific affirmative action steps contained in said Part II , for all construction work (both state and non-state ) in the afore-mentioned area subject to these Bid Conditions , those trades being: �.a, �,Vl�./I ��✓ l Cl,bn✓I✓ Ct,�'L�' x'11�c� Lt✓VV -_ind , 3 . it will obtain from each of' its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification require. hese Bid Conditions . ( ature of Authorized Representative of Bidder ) E-1 r �.P t VIGILANT INSURANCE COMPANY BID BOND 15 Mountain View Road, P. O. Box 1615 (AIA A310) Warren, New Jersey 07061-1615 KNOW ALL MEN BY THESE PRESENTS that NEW ENGLAND LANDSCAPE & FENCE, INC. as Principal, and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are held and firmly bound unto TOWN OF SOUTHOLD as Obligee, in the sum of FIVE PERCENT OF THE AMOUNT BID Dollars ($ 5% ), for the payment of which sum, well and truly to be made,the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a bid for FISHER'S ISLAND METAL DUMP RESTORATION NOW,.THEREFORE, if the Obligee shall accept the bid of theand give Nned the Principal bond bonds s enter may be Contract with the Obligee in accordance with the terms of such bid, cient rety for the hful specified in the bidding or Contract Documents with good and mate al f`urnishedin he prosecutiion thereof,performance in the such Contract and for the prompt payment t labor aPrincipal shall event of the failure of the Principal to enter into such Contract and give such bond or bonds,�ed in said bid and pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in good faith contract with another party perform the Work such larger amount for which the Obligee may covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed, sealed and dated OCTOBER 6, 1993 NEW ENGLAND LANDSCAPE & FENCE, ItvC'. by - - VIGILANT INSURANCE COMPANY by J ft-- Attorney in Fact Form 15-02-0332 (Ed. 11/92) POWER OF ATTORN'l-EY Know all Men by these Presents, That the VIGILANT INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New York Corpora- tion, has constituted and appointed, and does hereby constitute and appoint Vincent J. Como, Christopher J. Como and Jeannette Rivera of Bridgeport, Connecticut----------_ each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds or obligations given or executed in the course of its business,and consents for the release of retained percentages and/or final estimates. In Witness WMreot,the said VIGILANT INSURANCE COMPANY has,pursuant to its By-Laws,caused these presents to be signed by its Vice-President and Assistant Secretary and its corporate seal to be hereto affixed this 19th day of November 19 92 Corporate Seal If•�� a - �? •�T • VIGILANT IN RANCE COMPANY By Richard D.O'Connor George McClellan Assl nt secretary VICO-President STATE OF NEW JERSEY County of Somerset SS. On 19th day or November 19 9`t ,before me IN- SURANCE personally came Richard O'Connor to me known and by COMPANY,the corporation described in and which executed the foregoing Power of Attorney.and the said RicDha d D.O'Connor being by me duly me known did eposesistant and sayhatlhe is Athessis antlSecretary of the VIGILANT INSURANCE COMPANY and knows the corporate seal thereof;that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Company,and that he signed said Power of Attorney as Assistant Secretary of said Company by.like authority;and that he is acquainted with George McClellan and knows him to s in Me genuine handwriting of said George McClellan and was thereto subscribed be the Vice-President By-Laws and in deponent's presence. Of said Company,and that the signature of said George McClellan subscribed to said Power of Attorney is by authority of said Notarial Se " Acknowledged and Sworn to before me I rot I on the dale above en. t r•.2L JANET A. otary Public CERTIFICATION Noury Public,State of New leise�' No.2 , STATE OF NEW JERSEY liereOctober October 2,1994 County of Somerset ss' Commission Ezp I.the undersigned.Assistant Secretary of the VIGILANT INSURANCE COMPANY,do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on June 13,1974 and most recently amended March 3.1996 and that this By-Law is,n full force and effect. "ARTICLE XV Section 2.All bonds,unenaking5,Contracts and Other instruments Other than as above for and On behalf Of the Company which It is authorized by law Or its Charter to execute,may and shall be executed ,n the name and on behalf of the Company either by the Chairman or the Vice-Charman or the President or a Vice-President.IOintly with the Secretary or an Assistant Secretary.under their respective designations,except that any one or more otlKers or ailorneys-in•fact designated In any resolution of the Board or Directors or the Executive Committee,or in any power of attorney executed as provided for in Section 3 Wow.may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3.All powers of attorney for and on behalf of the Company may and shall be executed m the name and on behalf of the Company,either by the Chairman or the Vice-Chairman or the President or a Vice- Presidentor an VC&Presdent,jointly with the Secretaryor an Assistant Secretary•under theirrespective designations.The signature of such officers maybeengraved.printed or lithographed.The signature of each of the following officers:Chairman,Vice Charman,President,any Vice President.any Vice President,any Secretary,any Assistant Secretary and the seal or the Company may be allixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakins and other writings obligatory in the nature thereof,and any such power of attorney or certificate Dearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect t0 any bond or undertaking 10 which it is attached." I further certify that said VIGILANT INSURANCE COMPANY is duly licensed to transact fidelity and surety business in the State of r to become sole surety on bonds,undertakings.etc.permitted or r ConnL'e'!r(,ti• - ,and s also duly licensed n9 pe squired by the laws of the Untied States. And I further certify that the foregoing Power of Anomey is now in full force and effect. Gwen under my hand and the seal of said Company at Warren.N.J.,this ��•� /„ /7 n day of rscc g •7 Corporate Seal AsslstantSecretary �•� Form21.10.6-535 PRINTED IN 4D• MW101 a P.Rappk )ansa 9 SM Peter N.allk • _ TowN OF STONINGTON ` 78 Elm Street•P.O.Box 352 •Stonington, Connecticut 06378-0352 February 21 , 1989 DW Transport & Leasing, Inc. 66 Cross Road Waterford, CT 06385 attn: David Waddington Dear Mr. Waddington: I heard a few days ago that you would like to hear comments from towns for whom you currently provide scrap metal removal service . I am happy to write that Stonington has been well served by your company. In my new position here as recycling coordinator and solid waste director I see no reason to change our current relationship with D.W. Transport. The operators at the landfill are pleased that you share their wish to keep the scrap metal area clean and orderly. Your company has, by its prompt removal of loaded roll-offs , assisted us in maintaining a proper drop-off point for metal scrap. I believe the Town has saved much valuable landfill space by the operation of an efficient scrap metal drop-off. Our savings in present and future waste flow more than justify our relationship with D.W. Transport. Sincerely, lr� f Toby Goodrich ,Recycling Coord./SW Dir. TG/tg 2/21/89 1 Jof r I - - MARL Board of Selectman 26 North Main Street Allan M.Shusterman P.O.Boz 29M Theodore J.May,Jr. 4 Marlborough,CT 06447 Violet J.Schwarzmann ! � '' Phone 203.295-9647 T1 To Whom It May Concern : The Town of Marlborough retained the services of D . W. Transport to remove the scrap metal pile at our landfill , the pile had accumulated over the course of a year . The firm did an excellent job of removing the metal they were efficient and cooperative . They also left the site graded and clean. The Town has contracted with D .W. Transport for a metal storage trailer and periodic removal of the scrap. If you have any questions concerning Marlborough ' s experience with this company , please feel free to call my office . Yours truly , a.1 \V\ 5� � cl, Allan M. Shusterman First Selectman AMS : g •�6�lOTCN.t��F �O� V u � D O �Vu V i vV lJ V ti 1 DEPARTMENT OF PUBLIC WORKS 1 M ? OFFICES LOCATED: AILING ADDRESS: Route 215,Groton Lon Point Road 45 Fort Hill Road g Groton,Conn 06340-4394 �RATED � (Across from Fitch High School) Tel.(203) 441-6720 March 5 , 1990 To Whom It May Concern: D & W Transport, Dave Waddington President , has performed certain contracts with the Department of Public Works , Town of Groton, Connecticut . Among these contracts has been the removal of scrap metal from the Groton Landfill. His performance has met the Department ' s requirements and he had conducted a safe, well coordinated and efficient operation. I have no reservation in recommending D & W Transport for similar work. V ry Truly Yours Walter P. �Ianker- Director of Public Works WPB/dmg "Birthplace of the Nautilus" TOWN OF KILLINGWORTH SELECTMEN'S OFFICE 323 ROUTE 81 KILLINGWORTH, CONN. 06417-1298 Town Office Building February 21 , 1989 TO WHOM IT MAY CONCERN: The Town of Killingworth has been doing business with D & W Transport since last May. During this time they have contracted to remove white metal goods etc . and they have always been prompt to remove the containers when they have been notified I would not hesitate to that they are full. recommend their company and their services. incerely, : O" a 64,►- ✓ Pamela Ahearn First Selectman PA:tg E imu { QIP d 15 ROPE FERRY ROAD ,�/� �;c �/ WATERFORD, CT. 06385-2886 May 3 , 1990 Town of Waterford Zoning Board of Appeals 15 Rope Ferry Road Waterford, CT 06385 Attn: James Wadlow Re: Scrap Steel Recycling Dear Jim: I understand that David Waddington will be before your Board this evening regarding an abatement order against his Bloomingdale Road property. Although I do not have any involvement in this particular order, I feel there are two issues which should be presented for your consideration. The first issue is scrap metal processing. Each year approximately 1200 Tons of scrap metal is accumulated at the Waterford Bulky Waste Facility to be recycled by scrap metal vendors. The marketability of this product is greatly enhanced through processing where metals are separated and cleaned. Many communities either don' t have landfills or don't have sufficient storage space for bulk steel forcing the use of containers to move this material to a central processing facility. The State law requires recycling of Bulk Steel effective January 1, 1991 and will not allow landfills, transfer stations or resource recovery facilities to accept it. Thus competitive bulky steel processing vendors are an essential part of all municipal solid waste management programs. Page 2 The second issue is actually a statement of qualifications for David Waddington. In 1988 only one scrap mental processing company was available in the State such that there was no competition. At that time Mr. Waddington approached me with a proposal for the Waterford pile which was acceptable initiating some competition. His performance at the landfill during 1988 and 1989 was more than acceptable at a significant savings to the Town of Waterford. Your consideration of these issues during your deliberations will be greatly appreciated. Very Truly Yours, Edward D. Steward, Director Public Works Department EDS/dgb V--C'.c. David Waddington R ~ • i - e $25.00 NON-REFUNDABLE FEE $2.59 First Class Pstg. BID - METAL DUMP - FISHERS ISLAND BID OPENING: 11 :00 A.M., Thursday, October 7, 1993. 1 . Gada,A. John, Gen. Contracting, Fishers Island, N.Y. 06390 788-7231 9/24 2. Connecticut Carting Corp. , P. O. Box 188, Bozrah, CT 06334 203-887-4811 9/27 3. Falvey Construction Corp., 12 Fire Tower Rd., P O Box 699, Kellingworth CT 06419 9/30/934. New England Landscape S Fence, Ledyard, CT 203-536-1966 (FAX 203-848-2669) 10/1 5. Fanning, Phillips S Molnar, 909 Marconi Ave. , Ronkonoma NY 11779 737-6200 10/4 6. Attn: Michael Horne, P.E., Diversified Technologies Corp., 203-239-4200 556 Washington Ave., North Haven, CT 06473-1121 10/4 7. Tully Construction Co. Inc., 127-50 Northern Blvd, Flushing NY 11368 718-446-7000 10/6 8. Gibson Rigging & Truck Men, 711 S. 5th St., Lindenhurst, NY 11757 226-8641 I JUDITH T.TERRY,TOWN CLERK RECEIPT 048263 Town of Southold Southold,New York 11971 Phone:516-765-1801 DATE e 1 19- 4- RECEIVED 94-RECEIVED OF: f FOR: CASH BY, El CHECK i O N N. SER 24 � ARTING r _ rr „- P.O. BOX 188,BOZRAH,CONW 06334 o e. OM- , a (203)'887-4811/642-7989f642-6878 FAX#642-4550 1-800-654-5799 i CONTAINERS 1 TO 50 CU.YARDS INDUSTRIAL-CONTRACTORS-COMMERCIAL - RECYCLING PROGRAMS ® ee September 21, 1993 Town of Southhold Southhold Town Hall Town Clerk P.O. Box 1179 Southhold, NY 11971 Dear Clerk, Please find enclosed, a check in the amount of $27.59 for the specifications of the metal at Fisher's Island, and to cover postage also. Please mail to: Connecticut Carting Corporation, P.O. Box 188, Bozrah, Cr 06334. Yours truly, L kc Ralph Fargo Sr. , President Connecticut Carting Corporation RF:]mo Enclosure • OCT 4 %VJ DIVERSIFIED TECHNOLOGIES CORP. I 556 Washington Avenue North Haven,Connecticut 06473-1121 Engineers • Surveyors Tel.:(203)239-4200 FAX: (203)234-7376 September 30, 1993 Ms. Judith Terry, Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Plans and Specifications DTC No. 93-287-100 Dear Ms. Terry: Please send us one set of plans and specifications for "The Clean up and Restorations of the Metal Dump on Fisher's Island". A check for$25.00 and one for $2.59 for mailing, is enclosed. Thank you. Respectfully, DIVERSIFIED TECHNOLOGIES CORPORATION Michael A. Horne, P.E. Engineering Manager MAH/kia/93643 ADDENDUM TO SPECIFICATIONS: FISHERS ISLAND METAL DUMP CLEAN UP & RESTORATION FISHERS ISLAND FERRY DISTRICT TOWN OF SOUTHOLD FISHERS ISLAND, NEW YORK SEPTEMBER 30, 1993 SOUTHOLD TOWN SOLID WASTE MANAGEMENT DEPARTMENT OF PUBLIC WORKS PECONIC LANE PECONIC, NY 11958 516-734-7685 i ' ADDENDUM TO SPECIFICATIONS - PAGE �. ct The following is intended to clarify information ofprovided ishersthe IslandeMetal Description and General Specifications 1993 . It is Dump Clean Up & Restoratainedion specifications pre-bid dated conferenceember held att/ the Fishers based on information obt bidders Island metal dump site on September 30 �Activitybetween addressedinterested s in this b sAddend m and Town of Southold representatives . of must be performed pursuant to all other requirements and/ limitations the original specifications. Further questions concerning this Addendum may be directed to James Bunchuck, Southold Town Solid Waste Coordinator , at ( 516) 734-7685 . ADDENDUM ITEMS 1 , FERRY COSTS. Bidders should include costs andto ferry debris) toaand from equipment and mater ial ( including excavated metal rry Fishers Island. Fishers island Fe nd from hil Knaufict schedule at ( 516) 788-7463. ate 7463 information may be obtained f 2 , DN-SITE SCREENING OF MATERIAL. Excavated material may be scror eened on- items site in order to remove dirt or to help cepa loading into containers if the contrractoeaterCthane2. Such" minus intsizey must include a final screening of not gr . Metal or debris which passes through this screening must be removed from the site. S -1 IN THE ORIGINAL BID SPECIFICATIONS 3 THROUGA 5 REFER TO DRAWING #SP ITEM ;ftio LAST nage of the pecka9e al on 3. OVERFLOW FROM "PIT #1" AND„"PIT #owin Mathe iconcrete ewalls hend f Of the Pits 1 and 2 was noted as over the ,lower dirt road" to the north of the pits , and is visible from site . This material must be reoved 4, MATERIAL ALONG "LOWER DIRT ROAD- ' Metal and/or debris stween tis scattered opening to along the south side of the law This the bunker from the road and an out-building (NOT INDICATED IN DRAWING) approximately 20 - 30 feet to the WEST of the opening. material must be removed. ETAI nsive 5 . EXTENT OF CLEAN UP NORTH OF BUNKER RoundNbetweenI' There the ,lowersdirteroad" metal and debris strewn about the sr tvertical incline and the point when ofthe wbunker .of Thisematerialmust be removed to a to the main portion g0 feet , more or less , from the SOUTH side distance of approximately of the road SOUTHWARD toward them uportionlofithendthat , vertical risemat te conditions , completion of the work (in w still be visible upon chich the contractor depending on sia point 10 feet below the grade surrounding the TOP will excavate le of the bunker ) . �r �I PUBLISHER'S CERTIFICATE State of Connecticut ) County of New London, ) ss. New London I: On this ggf-h day of Se tP Pr LEGAL 609 j Town of Southold Notice to Bidders It NOTICE IS HEREBY GIVEN In A.D. 19 94 personally appeared before the undersigned, accordance with the provisions of Section 103 of the General Municipal Law,that sealed bids are sousfht and requested for furnishing all of the ld o and a Notary Public within and for said County and State equipment as saedtiad or re- i i quired for the Clean Up and Restoration of tho Metal Dump on Fishes Island.New York,all r, in accordance with drawings J. L. Zielinski, Legal Adv. Clerk and specifications prepared by James Bunchuck, Southold. Town Solid Waste Coordinator,', Department of Public Waits Bids will be recleved by the of THE DAY, a daily Town Clerk at the Southold Town Hall, Main Road, South- old,,New York, until 11:00 A.M. Thursday, Odobw 7, 19'93, at which time,hey will be opened newspaper published at New London, County of New and read aloud in public. Specifications for the Clean Up and Restoration of the Fishers Island Metal Dump may be'ob- twined by any interested bidders New London, State of Connecticut, who being duly sworn, at the Southold Town Clerk's Of- fice,53095 Main Road,Southold, Now York 11971, upon payment of a non-refundablefee of$25.00, or check, made payable to the Town of Southold; i states on oath that the Order of Notice in the case of payable for one(1)copy of the Contract Documents. of iouthrold r Board theerght�to Legal Adv. #609 reject any and all bids and to waive any defect or informality Iany bid should N be deemed inthe best Interest of the Town of Southold to do so,and to re- a true copy of which tain bids for forty-five(45)days from the date of receipt. The Contractor may not withdraw his bid during this period. a is- ring th is hereunto annexed, was published in said newspaper in Bid security in the M—-- 5%, In the farm of a certified checkor bid bard'must be sub- mitre its issues of the 23rd matted with each bid. Per- formance and Payment Bonds in the amount of 100%of the Con- tract will be required of the suc- cessful days of September A.D. 19 9� The Town of Southold "as scheduled a pre-bid conference to review specific requirements of this ve conact. All bidders are enmw Ire- view the documents and attend lhihrenCe if QSCJ1edYfldpf e"fool Im atSubscribed and sworn to befo )Me this 29:th Dump. All bids must be signed and sealed in envelopes plainly A. marke nid on AIi Clean UP and day of Sez tember D. 1993. and submitted to the Office of The , ce Isha11Trx>f include any fax, fed- eral, state or tbcal,from which ithe Town of Southold is exempt. z' Dated:September 10,1993 T.Terry Notary Public. soomow Town Clerk f i I I COUNTY OF SUFFOLK ss: STA,rE OF NEW YORK LEGAL NOTICE NOTICE TO BIDDERS Patricia Wood,- being duly sworn, says that she is the NOTICE IS HEREBY Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, GIVEN in accordance with a public newspaper printed at Southold, in Suffolk County; the provisions of Section 103 and that the notice of which the annexed is a printed copy, of the General Municipal Law, has heen .published in said Long Island Traveler-Watchman that sealed bids are sought and requested for furnishing all of once each week for . . . . . . . . . . . . . . . . . . . . . . l . . . weeks the labor and equipment as /1'0111 specified or required for the successively, commencing on t h e Clean Up and Restoration of the Metal Dump.on Fishers Island,New York,all in accor- da y n I . . 19 . .�--3 dance with drawings and i specifications prepared by Jaynes I#uiieMick, Si3uthvid . . . . . . . . . . . . . . . ' . . . . ' . . . . . . 'Town Soiid waste Coor- dma'tor,Department of Public ` F Works. Bids will be received by the ' Town Clerk at the Southold Sworn to h c f o r c me this . . . . . . . . . . . . . . . . . . . . . da y o l Town Hall, Main. Road, q Southold, New York, until 19 /3 E 11.00 A.M.Thursday,October 7, 1993, at which time they will be opened and read aloud in public. 4 Specifications for the Clean �� Up and Restoration of the . " . . . . . . . . . . . . . . . . . . . Fishers Island Metal Dump , Notary Public may be obtained by any in- terested bidders at the NOTARY PUBLIC, State of New York Southold Tbwn Clerk's Office, No. 4II06346 53095 Main Road, Southold, Qualified in Suffolk County New York 11971, upon pay- Commission Expires 8/3ilgy ment of a non-refundable fee The Town of Southold has of$25.00,cash or check,made scheduled a pre-bid conference payable to the Town of to review specific requirements Southold, for (1)copy of the of this contract. All prospec- Contract Documents. tive bidders are encouraged to The Town Board of the ,review the documents and at- Tbwn of Southold reserves the tend this meeting.The prebid right to reject any and all bids conference is scheduled for and to waive any defect or in- 1.00 P.M., Thursday, formality in any bid should it September 30, 1993 at the be deemed in the best interest Fishers Island Metal.Damp. of.the Town of Southold to do All bids must be signed and so;and to retain bids for forty- sealed in envelopes plainly five(45)days from the date of marked "Bid on Clean Up receipt. The Contractor may and 'Restoration of Metal not withdraw his bid during Dump,"and submitted to the this period. Office of the Tbwn Clerk.The Bid security in the amount bid price shall not include any of 5%, in the form of a cer- tax, federal, state -or local, tified check or bid bond,must from which the Town of be.submitted with=each bid. Southold is exempt. Performance and Payment Bonds in the amount of 100% DATED:September 20, 1993. of the Contract will be re- JUDITH T. TERRY SOUTHOLD TOWN CLERK quired of the, successful 1X-9123/93(17)' bidder. f I I 1 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 20th day of September 1993 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 Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971 . Legal Notice, Notice to Bidders, Fishers Island Metal Dump Clean Up and Restoration, Bid opening : 11 :00 A.M. , Thursday, October 7, 1993, Southold Town Clerk's Office. Judith T. Terry Southold Town Clerk Sworn to before me this 20th day of September 1993. N tary Public UNDAJ.COOPER Nolery Public,State of New York No.4822563,Suffolk Counrrttv,, Term Expires December 31,19-M6 I LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all of the labor and equipment as specified or required for the Clean Up and Restoration of the Metal Dump on Fishers Island, New York, all in accordance with drawings and specifications prepared by James Bunchuck, Southold Town Solid Waste. Coordinator, Department of Public Works. Bids will be received by the Town Clerk at the Southold Town Hall, Main Road, Southold, New York, until 11 :00 A.M., Thursday, October 7, 1993, at which time they will be opened and read aloud in public. Specifications for the Clean Up and Restoration of the Fishers Island Metal Dump may be obtained by any interested bidders at the Southold Town Clerk's Office, 53095 Main Road, Southold, New York 11971 , upon payment of a non-refundable fee of $25.00, cash or check, made payable to the Town of Southold, for one (1) copy of the Contract Documents. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be deemed in the best interest of the Town of Southold to do so, and to retain bids for forty-five (45) days from the date of receipt. The Contractor may not withdraw his bid during this period. Bid security in the amount of 5%, in the form of a certified check or bid bond, must be submitted which each bid. Performance and Payment Bonds in the amount of 1000 of the Contract will be required of the successful bidder. The Town of Southold has scheduled a pre-bid conference to review specific requirements of this contract. All prospective bidders are encouraged to review the documents and attend this meeting. The pre- bid conference is scheduled for 1 :00 P.M., Thursday, September 30, 1993 at the Fishers Island Metal Dump. All bids must be signed and sealed in envelopes plainly marked "Bid on Clean Up and Restoration of Metal Dump", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. DATED: September 20, 1993. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON SEPTEMBER 23, 1993, AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Traveler-Watchman The Day Publishing Company Dodge Reports Brown's Letters Town Board Members Town Attorneys Commissioner of Public Works Jacobs Solid Waste Coordinator Bunchuck �2.1 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all of the labor and equipment as specified or required for the Clean Up and Restoration of the Metal Dump on Fishers Island, New York, all in accordance with drawings and specifications prepared by James Bunchuck, Southold Town Solid Waste Coordinator, Department of Public Works. Bids will be received by the Town Clerk at the Southold Town Hall, Main Road, Southold, New York, until 11 :00 A.M., Thursday, October 7, 1993, at which time they will be opened and read aloud in public. Specifications for the Clean Up and Restoration of the Fishers Island Metal Dump may be obtained by any interested bidders at the 5outhoid Town Clerk's Office, 53095 Main Road, Southold, New York 11971 , upon payment of a non-refundable fee of $25.00, cash or check, . made payable to the Town of Southold, for one (1) copy of the Contract Documents. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be deemed in the best interest of the Town of Southold to do so, and to retain bids for forty-five (45) days from the date of receipt. The Contractor may not withdraw his bid during this period. Bid security in the amount of 50, in the form of a certified check or bid bond, must be submitted which each bid. Performance and Payment Bonds in the amount of 100% of the Contract will be required of the successful bidder. The Town of Southold has scheduled a pre-bid conference to review specific requirements of this contract. All prospective bidders are encouraged to review the documents and attend this meeting. The pre- bid conference is scheduled for 1 :00 P.M., Thursday, September 30, 1993 at the Fishers Island Metal Dump. All bids must be signed and sealed in envelopes plainly marked "Bid on Clean Up and Restoration of Metal Dump", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. DATED: September 20, 1993. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON SEPTEMBER 23, 1993, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Traveler-Watchman The Day Publishing Company Dodge Reports Brown's Letters Town Board Members Town Attorneys Commissioner of Public Works Jacobs Solid Waste Coordinator Bunchuck JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 kEGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (5 16) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL TO: CARRIE PORTER ��C=✓ - ���'�" %' � FROM: JUDITH TERRY, Town Clerk, Town of Southold DATE: September 20, 1993 Number of Pages (including cover) : 2 If total transmittal is not received, please call (516)765-1801. COMMENTS: PLEASE DELIVER THIS LEGAL NOTICE TO THE PROPER DEPARTMENT FOR PUBLICATION ON SEPTEMBER 23, 1993. PLEASE BILL SENDER AT ABOVE ADDRESS. THANK YOU. LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all of the labor and equipment as specified or required for the Clean Up and Restoration of the Metal Dump on Fishers Island, New York, all in accordance with drawings and specifications prepared by JameE Bunchuck, Southold Town Solid Waste Coordinator, Department of Public Works. Bids will be received by the Town Clerk at the Southold Town Hall, Main Road, Southold, New York, until 11 :00 A.M., Thursday, October 7, 1993, at which time they will be opened and read aloud in public. Specifications for the Clean Up and Restoration of the Fishers Island Metal Dump may be obtained by any interested bidders at the Southold Town Clerk's Office, 53095 Main Road, Southold, New York 11971 , upon payment of a non-refundable fee of $25.00, cash or check, . made payable to the Town of Southold, for one (1 ) copy of the Contract Documents. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be deemed in the best interest of the Town of Southold to do so, and to retain bids for forty-five (45) days from the date of receipt. The Contractor may not withdraw his bid during this period. Bid security in the amount of 50, in the form of a certified check or bid bond, must be submitted which each bid. Performance and Payment Bonds in the amount of 100% of the Contract will be required of the successful bidder. The Town of Southold has scheduled a pre-bid conference to review specific requirements of this contract. All prospective bidders are encouraged to review the documents and attend this meeting. The pre- bid conference is scheduled for 1 :00 P.M., Thursday, September 30, 1993 at the Fishers Island Metal Dump. All bids must be signed and sealed in envelopes plainly marked "Bid on Clean Up and Restoration of Metal Dump", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. DATED: September 20, 1993. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON SEPTEMBER 23, 1993, AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following: The Traveler-Watchman The Day Publishing Company Dodge Reports Brown's Letters Town Board Members Town Attorneys Commissioner of Public Works Jacobs Solid Waste Coordinator Bunchuck SPECIFICATIONS: FI � HERlS I �3LAND METAL DUMP C L E A N U P & R E 5 T 0 RAT I O N FISHERS ISLAND FERRY DISTRICT TOWN OF SOUTHOLD FISHERS ISLAND, NEW YORK SEPTEMBER 20, 1993 SOUTHOLD TOWN SOLID WASTE MANACMENT DEPARTMENT OF PUBLIC WORKS PECONIC LANE PECONIC, NEW YORK 11958 516 - 734 - 7685 PROJECT DESCRIPTION METAL DUMP CLEAN UP & RESTORATION: FISHERS ISLAND FERRY DISTRICT FISHERS ISLAND, NEW YORK THIS PROJECT INCLUDES THE REMOVAL & DISPOSAL OF ALL METAL AND ANY OTHER MISCELLANEOUS COMMINGLED MATERIAL THAT IS LOCATED WITHIN THE BOUNDARIES OF THE METAL DUMP AS SPECIFIED HERE-.IN. PIT # 1 & PIT # 2 : ALL METAL & COMMINGLED WASTE MATERIAL LOCATED IN THE PIT AREAS SHALL BE REMOVED FROM EACH PIT. THIS MATERIAL SHALL BE TAKEN OFF OF FISHERS ISLAND AND SHOULD BE RECYCLED OR DISCARDED IN AN ACCEPTABLE , LEGAL MANNER. CONCRETE BUNKER FILLED WITH METAL & OTHER DEBRIS : * ALL METAL & COMMINGLED WASTE MATERIAL LOCATED IN THE BUNKER AREAS SHALL BE REMOVED TO A DEPTH AS INDICATED IN THE SPECIFICATIONS . THIS MATERIAL SHALL BE TAKEN OFF OF FISHERS ISLAND AND SHOULD BE RECYCLED OR DISCARDED IN AN ACCEPTABLE LEGAL MANNER. LARGE METAL TANKS : * ALL LARGE METAL TANKS FOUND IN THE UPPER EAST SECTION OF THE SITE SHALL BE REMOVED. THIS MATERIAL SHALL BE TAKEN OFF OF FISHERS ISLAND AND SHOULD BE RECYCLED OR DISCARDED IN AN ACCEPTABLE ,_ LEGAL MANNER REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO MR. JIM BUNCHUCK - SOUTHOLD TOWN SOLID WASTE COORDINATOR. * 516-734-7685 The foregoing Project Description is provided for general information only. It is not part of Contract documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. % • 0 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to bid A-1 through A-1 Instruction to Bidders B-1 through B-3 Proposal Form C-1 through C-2 Statement of Non-Collusion D-1 through D-2 N. Y. S . Affirmative Action Certification E-1 through E-1 AIA Bid Bond AIA Document # A310 Offer of Surety F-1 through F-1 GENERAL CONDITIONS AIA Gerimal conditions AIA Document. # A201 Supplementary General Conditions G-1 through G-2 AIA Performance Bond AIA Document # A311 General Release H-1 through H-1 Prevailing Wage Rates J-1 through J-1 Compliance with Labor Law & other Dept . of Labor Regulations K-1 through K-10 Non-Discrimination Clause L-1 through L-2 CONSTRUCTION SPECIFICATIONS General conditions Page 1 Part 1 - General Specifications Page 2 through 3 Partial Schematic Site Plan Drawing : # SP-1 • • • INVITATION TO BID PROJECT: FISHERS ISLAND METAL DUMP - CLEAN UP & RESTORATION FISHERS ISLAND FERRY DISTRICT, F. I . , NEW YORK The Town Board of the Town of Southold will receive bids for furnishing all of the labor and equipment as specified or required for the clean up of the Metal Dump in accordance with the drawing and Specifications prepared by Mr . Jim Bunchuck, Southold Town Solid Waste Coordinator , Department of Public Works, Peconic Lane, Peconic , New York 11958 Bids will be received at the office of the Southold Town Clerk, Southold Town Hall , 53095 Main Road, Southold, New York 11971 , until 11:00 am, Thursday, October 7, 1993. All Specifications are provided herein. A fee of twenty-five dollars ( $25 . 00 ) , cash or check, made payable to the Town of Southold will be required for one ( 1 ) copy of the Contract Documents. There are no refunds . 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 MAY NOT withdraw his bid during this period. t Bid security in the form of a certified check or bid bond in the amount of 5% will be required of each bidder . Performance and Payment Bonds in the amount of 10090 of the Contract Price will be required of the successful bidder . Please advise if you intend to bid or not . Dated : September 20, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk A-1 LVSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance �� Provided. The bidders shall with the Proposal Form" the price for which he 't` in ink, both in words and numer=als, equi ., Proposed: to furmish all materials, plant, pme-t, tools, shoring or bracing, sca=folds & to Perform all labor and , or other facil—las, of se-Dices necessary for the proper ccmnletior. the work in strict accordance w_th the l - and subject at all P-ans and specificatioc:s, times to the approval of tae Tows of Southold Each proposal must be signed inwriting with address of bidder, the full name and Proposals shall be addressed as indicates and shall be delivered � on Invitation for Bids �� Te_ed enclosed in an Opaque sealed envelope markedProposal" bearing title of wcr_{, and Bidders Name. No Proposal shall be considered which has not been received by the Southold TcT.-n Clark prior to the hour and date stated. B. PRCPOSAL Gu A-LLN I 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 S;' of the total bid, 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 judgement, would not likely be involved in making the award. All other proposal quantitieswi ll be held unt4 the contract and contract bond bave been executed after which they, will be released or returned to the respective bidders whose Proposals they accompanied. C. OMISSIONS :UID DISCRZp1.NCIES Bidders should carefully examine the drawl pir• a 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 descrepancies 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 Town'd Solid Waste Coordinator who may issue a written instruction to all bidders. B-1 0 D. PUBLIC OPETLNG OF PROPOSALS Proposals will be opened and a indicated in the Invitation forB=dsbl+cly at tae time and place agents, and other inter Bidders, there authorized interested parties are invited to be present. E- AWARD OF CO:1T3- CT Award of Contract wi?i be - be made as soon as Practica, la. may awarded to a responsible bidder A Contract bidder, it it is in tae best other that t e lowest mcr_e•T withdrawn aft; interests of the Tower. No bid may be r scheduled closing time for receipt of bids for a Period of 45 days pending e:zecution of a Contract by successful bidder. The competency and responsibility sub-contractors will be of the bidder and his reservesconsidered in makiaj the award. the right to waive any technical erre The Tcw;i ed reject a:-, or a1'_ bids. The contract r, to accept any bid tion of ALS Document A101 "Standard Form ofw�ll be tae cu n- s�-e._' Owner and Contractor (Stipulated Sum) a-meat BetNeen The Town will *either award the project or reject a_1 i received within fourt-,-five � = ' Pr�posa_s Proposals. - ( `�) days after tae formal cpe^i g of The acceptance of a proposal will Signed b�� the Town Clerk and be a notice in wr4 n— acceptance no other act shall constitute tae of a proposal. The acceptance of a e:zecute t,le contractpandotolde?�iverall bind sepataersu�ce _ ssru' bidder to bonds made by a Surety Compan• P fo mance and payment the bonds shall not be less than aone thundreed herein. The amount of contract price of the work. Per`ent (1000 of tae F. WITHDRAWALS OF PROPOSALS Ally bidder upon his of her aut:.crrzed re e , request presented not later - pr-se:tali Te s wzit o., than the hour will be given set far tae open;n? a a permission to wit: there opening the draw his prcposa'_. at the time Of be returned toohimaunreaden such proposals are reached, it will G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error reject any and/or all proposals. Without limiting and to the foregoing, an a the generality of irregular may y proposal which in incomplete, abscure, or insufficientyoreected; any proposal accompanied by an be rejected, irregular certified check or bidder's bond may �ected, any proposal having interlineation, erasure or corrections may be rejected. B-2 H. PLANT & EQUIPMENT The bidder shall state in his bid that he has available or under his control, .plant and equipment of the character and in the amount required to complete the proposed wino within the specific time. I• TL`s FOR =rLTTICN OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town: im person; or if' a firm or corpxoration, a duly authorized representative shall so appear, and eecute si-c (o ) copies of the Contract and furnish satisfactory Performance and Payment Bond 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. The damages to the Town for such breach will include loss from interference w_th his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount cf the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as hereinbefore provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and there,-,mon, his proposal and acceptance thereof shall be null and vo_d, and the Town shall be entitled to liquidated damages as above provided. J. TLE LDIIT TO CCM"M-MJCE AND COYIPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the Notice to Proceed, given to him by the Town of Southold, shall complete the work within the calendar day limo as set forth by him in tae Proposal, but not more than thirty (30) wcr'.ciag days. B-3 F _ PROPOSAL FORM DATE: NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder , declares that the only persons , company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud , and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the Contract, or the supplies relating to it, or in any portion of the profit thereof ; that he has carefully examined the Contract Documents dated September 93 including bidding requirements , contract , general and special conditions , specifications , contract drawings , and addenda, if any ( Note : Acknowledgement of addenda and their dates must be included as indicated on bottom page ) ; that he has satisfied himself by personal examination of the 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 perform and complete the work at: FISHERS ISLAND FERRY DISTRICT - METAL DUMP FISHERS ISLAND, NEW YORK and all other work in connection therewith, accordance with the Contract Documents and Addenda, if any, prepared Y Jim Bunchuck , Solid Waste Coordinator , Public Works Department, Peconic Lane , Peconic , New York 11958 , and complying with all the stipulations contained therein an will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept , in full payment thereof as listed below: C-1 FURNISH AND SUPPLY ALL LABOR AND EQUIPMENT REQUIRED TO CLEAN UP THE FISHERS ISLAND METAL DUMP IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: ( written in words ) (written in numbers ) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ( 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 the receiving 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 : Business Address: Telephone Number: Date: C-2 STAMMMENT OF NCN-COLLUSION (To be Completed by Each Bidder) la accordance with Section 103-d General 2funiciaal Law, e=fective Septemger 1, 1966, every bid or proposal hereafter made to a political subdivision of the State cf an-7 public department, agency, or effici_l thereof or to a fire district or an,r agenc,r or official taeracf for work or services perfcrmed or to be performed or gcods 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 of this bid,.-each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its ca-n organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid nave 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 ccmpetitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been kncwingly disclosed by the bidder and will not k--cwingly 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 cert'_fies that he has fully inforWed himself regarding the accurac,r of the statements ccntained in this certification, and under the statements contained in ta'_s certification, and under the penalties of perjury, affirms the trath 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 signator of this bid or proposal in behalf of the corporate bidder.- D-1 R E S O L U T I O N Resolved that be (dame of Corporation) authorized to sig^. and submit the b-, or prcocsal of this corporation for the follcwin- Project: (Describe Project) and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis-statements in such. certificate this corporate bidder shall be liable under the penalties of perjuty. The foregoing is a true and correct copy of the resolution adopted by corporation at a meeting on the Board of Directors held on the day of 19 (SF-U OF THE CORPORATION) Laws of New York, 1963 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder ' s Certifications: A bidder will not be eligible for award of a contract under this invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract : BIDDER'S CERTIFICATION ( Bidder ) certifies that : 1 . it intends to use the following listed construction trades in the work under the contract and , 2 . a. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or , 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 manpower utilization goals and the specific affirmative action steps contained in said Part II , for all construction work (both state and non-state ) in the afore-mentioned area subject to these Bid Conditions , those trades being and , 3 . it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions . ( Signature of Authorized Representative of Bidder ) E-1 OFFER OF SURETY (To be Completed by Each Bidder ) In the event the above Proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance , bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed ( Bidder ) CERTIFICATE OF SURETY to be signed by a duly authorized official , agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said (Bidders Name ) the will execute ( Surety Company ) the Surety Bonds as herein before provided . Signed : Authorized Official , Agent , of Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. F-1 a j • • • SL''tPLE`.iE:YT3.RY GENFMAL 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, tie unaltered provisions of Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ?-1,T=C1E 10 No Changes 'LR-ICiE 11 - INSUI-LLICE AND BONDS 11. 1 Contractor's Liability Insurance 11. 1. 1 In the first lite 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 inslude all major divisions of coverage and be on a.cemprehensive 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 Paragragh 4.18. (5) Curned, ncn-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 liaits: . 1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $100,000. •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 Occurance $1,000,000 Aggregate, Products and Completed Operations b. Property Damage: $250,000 Each Occurance $250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor $hall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. .G- . d. Property Damage Liability Insurance shall include Coverage fat the following hazards: C (collapse) , U (underground) e. Contractual Liability (Hold Harmless Coverage) : (1) Bodily Injury: S 1,000,000 Each Occurance (2) Property :Damage $750,000 o- , ...aCh Occurance "30,OCO Ag`reCata. f. Personal Iajur,7, with Emrlc'Wert E..clus_en deleted: $1,000,OCO Aggregate . 3 Comperhensive Automobile Liability (owned, non-owned, hired) : a. Bodily.Injury: $1,000,OCO Each Person $1,OCO,OCO Each Accident b. Prcperty Damage: $230,CCO Each Occurance ARTICLE 12 through ARTICLE 14 No Chances END Or SECTION G-2 T H. E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S AIA Document A201 General Conditions of the Contract for Construction - THIS DOCUMENT HAS I11PORTANT LEGAL CONSEQ11FNCFS; CONSCILTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO IT.S,110DIFICATION 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 13. MISCELLANEOUS PROVISIONS SEPARATE CONTRACTORS 14. TERMINATION OR SUSPENSION OF THE 7. CHANGES IN THE WORK 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,©1987 by The American Institute of Architects, 1 735 New York Avenue,N.W.,Washington,D.C.,20006.Reproduction of the material herein Or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will he subject to legal prosecutions. CAU i"iGPJ: You s;louid u�;:e rir1 docutnit.=r-t .vt.t,:,-t ,"�s i;is cautlan ;printed in ria. 'ate: An orininal assures Ciat chances wiii not he eccur wnen(ocuments are reproduced. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONS1R1 CI'ION• FOURTEENTH EDITION AIA" • IJ 198-THE AMERICAN INSTITUTE.OF ARCIIITF.CTS, I-3S NEW YORK AV'ENl'F,N.W.,WASHINGTON,D.C.20006 A201-1987- 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. INDEX Acceptance of Nonconforming Work . . . . . . . . . 9.6.6,9.9.3,12.3 Building Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7.1 Acceptance of Work . . . . . . . . . . . 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 Capitalization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.4 Access to Work. . . . . . . . . . . . . . . . . . . . . . . . . . . 3.16,6.2.1, 12.1 Certificate of Substantial Completion . . . . . . . . . . . . . . . . . . . . 9.8.2 Accident Prevention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2.3, 10 Certificates for Payment. . . . . . . 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1, Acts and Omissions . . . 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Certificates of Inspection,Testing or Approval . . . . . 3.12.11, 13.5.4 Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1-1,3.11 Certificates of Insurance . . . . . . . . . . . . . . . . . . 9.3.2,9.10.2, 11.1.3 Additional Cost,Claims for . . . . . . . . . 4.3.6,4.3.7,4.3.9,6.1.1, 10.3 Change Orders. . . . . . 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3.3,5.2.3, Additional Inspections and Testing. . . . . . . 4.2.6,9.8.2,12.2.1, 13.5 7.1,7.2, 7.3.2,8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2, Additional Time,Claims for. . . . . . . . . . . . . 4.3.6,4.3.8,4.3.9,8.3.2 11.3.4, 11.3.9, 12.1.2 ADMINISTRATION OF THE CONTRACT . . . . . . . 3.3-3,4,9.4,9.5 Change Orders,Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . 7.2.1 Advertisement or Invitation to Bid . . . . . . . . . . . . . . . . . . . . . . 1.1.1 Changes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.1 Aesthetic Effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2.13,4.5.1 CHANGES IN THE WORK . . . . 3.11,4.2.8,7,8.3.1,9.3.1.1,10.1.3 Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8 Claim,Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3.1 All-risk Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.3.1.1 Claims and Disputes . . . . . . . . . . . . . . . . 4.3,4.4,4.5,'6.'2'.5,8.3.2, Applications for Payment . . 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.5.3, 9.3.1.2, 9.3.3, 9.10.4, 10.1.4 9.8.3,9.10.1,9.10.3, 9.10.4, 11.1.3, 14.2.4 Claims and Timely Assertion of Claims 4.5.6 Approvals . . . . 2.4,3.3.3,3.5,3.10.2,3.12.4 through 3.12.8,3.18.3, Claims for Additional Cost. . . . . . . . 4.3.6,4.3.7,4.3.9,6.1.1,10.3 4.2.7,9.3.2, 11.3.1.4, 13.4.2, 13.5 Claims for Additional Time. . . . . .. . . . . . 4.3.6,4.3.8,4.3.9,8.3.2 Arbitration . . . . . . . . . . . . . . . . . . . . . 4.1.4,4.3.2,4.3.4,4.4.4,4.5, Claims for Concealed or Unknown Conditions. . . . . . . . . . . 4.3.6 8.3.1, 10.1.2, 11.3.9, 11.3.10 Claims for Damages. . .3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, 10.1.4 Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1 Claims Subject to Arbitration. . . . . . . . . . . . . . . . . 4.3.2,4.4.4,4.5.1 Architect,Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1.1 Cleaning Up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.15,6.3 Architect,Extent of Authority. . . . . . . . 2.4,3.12.6,4.2,4.3.2,4.3.6, Commencement of Statutory Limitation Period . 13.7 4.4, 5.2,6.3, 7.1.2, 7.2.1, 7.3.6, 7.4, 9.2,9.3.1, Commencement of the Work,Conditions Relating to . . . . . . . 2.1.2, 9.4, 9.5, 9.6.3,9.8.2,9.8.3,9.10.1,9.10.3, 12.1, 12.2.1, 2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 6.2.2, 8.1.2,8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Architect,Limitations of Authority and Responsibility . 3.3..3,3.12.8, Commencement of the Work,Definition of. . . . . . . . . . . . . . . 8.1.2 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, Communications Facilitating Contract 4.2.13, 4.3.2, 5.2.1, 7.4, 9.4.2, 9.6.4,9.6.6 Administration . 3.9.1,4.2.4,5.2.1 Architect's Additional Services and Expenses . . . . . . . . . . 2.4,9.8.2, Completion,Conditions Relating to . . . . . . . 3.11,3.15,4.2.2,4.2.9, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4 4.3.2, 9.4.2, 9.8, 9.9.1, 9.10, 11.3.5, 12.2.2, 13.7.1 Architect's Administration of the Contract. . . . . . . . . . 4.2,4.3.6, COMPLETION,PAYMENTS AND. . . . . . . . . . . . . . . . . . . . . . . . . 9 4.3.7, 4.4, 9.4, 9.5 Completion,Substantial. . . . . . . . . 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3, Architect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7 9.8, 9.9.1, 12.2.2, 13.7 Architect's Authority to Reject Work. . . . 3.5.1,4.2.6,12.1.2,12.2.1 Compliance with Laws . . . . . . 1.3,3.6,3.7,3.13,4.1.1,10.2.2, 11.r, Architect's Copyright . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 1.3 11.3, 13.1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Architect's Decisions. . . . . . . . . . 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Concealed or Unknown Conditions. . . . . . . . . . . . . . . . . . . . . 4.3.6 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, Conditions of the Contract . . . . . . . . . . . . . . . . . . 1.1.1, 1.1.7,6.1.1 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 Consent,Written 1.3.1,3.12.8,3.14.2,4.1.2, Architect's Inspections . . . . . . . . . . . 4.2.2,4.2.9,4.3.6,9.4.2,9.8.2, 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, 9.9.2, 9.10.1, 13.5 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Architect's Instructions. . 4.2.6,4.2.71 4.2.8,4.3.7,7.4.1,12.1,13.5.2 CONSTRUCTION BY OWNER OR BY SEPARATE Architect's Interpretations. . . . . . . . . . . . . . . . . 4.2.11,4.2.12,4.3.7 CONTRACTORS . 1.1.4,6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Architect's On-Site Observations . . .. . . . . 4.2.2,4.2.5,4.3.6,9.4.2, Construction Change Directive,Definition of. . . . . . . . . . . . . . 7.3.1 9.5.1, 9.10.1, 13.5 Construction Change Directives . . . . 1.1.1,4.2.8,7.1,7.3,9.3.1 A Architect's Project Representative . . . . . . .. . . . . . . . . . . . . . 4.2.10 Construction Schedules,Contractor's . . . . . . . . . . . . . . . 3.10,6.1.3 Architect's Relationship with Contractor . . . . . . . 1.1.2,3.2.1,3.2.2, Contingent Assignment Of Subcontracts . . . . . . . . . . . . . . . . 5.4 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, Continuing Contract Performance . . . . . . .. . . . . . . . .. . . . 4.3.4 4.2.6, 4.2.12, 5.2,6.2.2, 7.3.4, 9.8.2, 11-3.7, 12.1, 13.5 Contract,Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.2 Architect's Relationship with Subcontractors. . . . 1.1.2,4.2.3,4.2.4, CONTRACT, TERMINATION OR 4.2.6, 9.6.3, 9.6.4, 11.3.7 SUSPENSION.OF THE . . . . . .. . . . . . . . . . . . 4.3.7,5.4.1.1,14 Architect's Representations. . . . . . . . . . . . . . . . . 9.4.2,9.5.1,9.10.1 Contract Administration . . . . . . . . . . . . . . . . . . . 3.3.3,4,9.4,9.5 . Architect's Site Visits .. . . . . . . 4.2.2,4.2.5,4.2.9,4.3.6,9.4.2,9.5.1, Contract Award and Execution,Conditions Relating to . . . . . . 3.7.1, 9.8.2, 9.9.2, 9.10.1, 13.5 3.1 0, 5:2, 9.2, 11.1.3, 1 1.3.6, 11.4.1 Asbestos . . lo.I Contract Documents,The . 1,1, 1.2,7 Attorneys'Fees . . . . . . . . . . . . . . . . . . . . . . . . 3.18.1,9.10.2, 10.1.4 Contract Documents,Copies Furnished and Use of. . . 1.3,2.2.5,5.3 Award of Separate Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . 6.1.1 Contract Documents,Definition of . . . . . . . . . . . . . . . . . . . . . 1.1.1 Award of Subcontracts and Other Contracts for Contract Performance During Arbitration. . . . . . . . . . . . 4.3.1,4.5.3 Portions of the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.2 Contract Sum . . . . . . . . . . . . . . . . . . . 3.8,4.3.6,4.3.7,4.4.4,5.2.3, Basic Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1 6.1.3, 7.2, 7.3,9.1, 9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 Bidding Requirements. . . . . . . . . . . . . . . . 1.1.1, 1.IJ,5.2.1, 11.4.1 Contract Sum,Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.1 Boiler and Machinery Insurance . . . . . . . . . . . . . . . . . . . . . 11.3.2 Contact Time 4.3.6,4.3.8,4.4.4,7.2.1.3,7.3, Bonds,Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.10.2 8.2.1, 8.3.1, 9.7, 12.1.1 Bonds,Performance and Payment. . . . . 7.3.6.4,9.10.3, 11.3.9, 11.-1 Contract Time,Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION 2 A201-1987 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. CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Emergencies . . . . . . . . 4.3.7,10.3 Definition of . . . . . . . . . . . . • � . . . . . . . 3.1,6.1.2 Employees,Contractor's . . . . . . . . . . 3.3.2,3.4.2,3.8.1,3.9,3.18.1, Contractor's Bid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.1 3.18.2, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Contractor's Construction Schedules . . . . . . . . . . . . . 3.10,6.1.3 Equipment,Labor,Materials and . . . . . . . . . . 1.1.3, 1.1.6,3.4,3.5.1, Contractor's Employees . . . . . . . 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3, 3.8.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 6.2.1, 7.3.6, 9.3.2, 9.3.3, 11.3, 12.2.4, 14 Contractor's Liability Insurance. . . . . . . . . . . . . . . . . . . . . . . 11.1 Execution and Progress of the Work . . . . . . . 1.1.3, 1.2.3,3.2,3.4.1, Contractor's Relationship with Separate Contractors 3.5.1, 4.2.2, 4.2.3, 4.3.4, 4.3.8,6.2.2, 7.1.3, and Owner's Forces . . . . . . 2.2.6,3.12.5,3.14.2,4.2.4,6,12.2.5 7.3.9, 8.2, 8.3, 9.5, 9.9.1, 10.2, 14.2, 14.3 Contractor's Relationship with Subcontractors . . . . . . . 1.2.4,3.3.2, Execution, Correlation and Intent of the 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 Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2,3.7.1 Contractor's Relationship with the Architect . 1.1.2,3.2.1,3.2.2, Extensions of Time . . . 4.3.1,4.3.8,7.2.1.3,8.3,10.3.1 3.3.3, 3.5.1, 3.7.3, 3.11, 3.12.8 3.16, 3.18, 4.2.3, 4.2.4, 4.2.6, Failure of Payment by Contractor . . . . . . . . . . . . . . 9.5.1.3,14.2.1.2 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Failure of Payment by Owner 4.3.7,9.7,14.1.3 Contractor's Representations. . 1.2-2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Faulty Work(See Defective or Nonconforming Work) Contractor's Responsibility for Those Final Completion and Final Payment . . . . . . . Performing the Work . . 43.5, 4.2.9,4.3.2, . . . . . . . . . . . . . . 3.3.2,3.18,4.2.3, 10 4.3.5,9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Contractor's Review of Contract Documents. . . . . . 1.2.2,3.2,3.7.3 Financial Arrangements,Owner's. . . . . . . . . . . . . . . . . . . . . . . 2.2.1 Contractor's Right to Stop the Work . . . . . . . 9.7 Fire and Extended Coverage Insurance . . . . . . . . . . . . . . . . . . . 11.3 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, GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, Governing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.1 9.10.3, 10.1.2, 11.4.2, 11.4.3 Guarantees(See Warranty and Warranties) Contractor's Superintendent . . . . . . . . . . . . . . . . . . . . . . 3.9, 10.2.6 Hazardous Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1, 10.2.4 Contractor's Supervision and Construction Procedures. . . . . . 1.2.4, Identification of Contract Documents 1.2.1 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Identification of Subcontractors and Suppliers . . . . . . . . . . . . . 5.2.1 Contractual Liability Insurance. . . . . . . . . . . . . . . .. 11.1.1.7, 11.2.1 Indemnification . . . . . . . 3.17,3.18,9.10.2, 10.1.4, 11.3.1.2, 11-3.7 Coordination and Correlation . . . . . . . . . . . . . . . 1.2.2, 1.2.4,3.3.1, Information and Services Required of the Owner. . . . . 2.1.2,2.2, 3.10, 3.12.7,6.1.3, 6.2.1 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, Copies Furnished of Drawings and Specifications . . . 1.3,2.2.5,3.11 9.10.3, 10.1.4, 1 1.2, 1 1.3, 13.5.1, 13.5.2 Correction of Work . . . . . . . . . . . . . . . . . . . . . 2.3,2.4,4.2.1,9.8.2, Injury or Damage to Person or Property . . . . . . . . . . . . . . . . 4.3.9 . 9.9.1, 12.1.2, 12.2, 13.7.1.3 Inspections. . . . . . . . . . . . . . . . . . . . . . . . . 3.3.3,3.3.4,3.7.1,4.2.2, Cost,Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.3.6, 14.3.5 4.2.6, 4.2.9, 4.3.6, 9.4.2, 9.8.2,9.9.2, 9.10.1, 13.5 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, Instructions to Bidders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.1 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, Instructions to the Contractor. . . . 3.8.1,4.2.8,5.2.1,7,12.1, 13.5.2 11.3.1.3, 11.3.4, 11.3.9, 12.1,12.2.1,12.2.4,12.2.5, 13.5, 14 Insurance. . . .. . . 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2,11 Cutting and Patching. . . . . . . . . . . . . . . . . . . . . . . . . . . 3.14,6.2.6 Insurance,Boiler and Machinery . 11.3.2 Damage to Construction of Owner or Separate Contractors 3.14.2, Insurance,Contractor's Liability . . . . . . . . . . . . . . . . . . . . . . 11.1 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 1 1.3, 12.2.5 Insurance,Effective Date of . . . . . . . . . . .. . . . . . . . . . 8.2.2, 11.1.2 Damage to the Work . . . . . 3.14.2,9.9.11 10.2.1.2, 10.2.5, 10.3, 11.3 Insurance,Loss of Use. . . . : . . . . . . . . . . . . . . . . . . . . . . . . 11.3.3 Damages,Claims for . . 3.18,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, 10.1.4 Insurance,Owner's Liability. . . . . . . . . . . . . . . . . . . . . . . . . 11.2 Damages for Delay. . . . . . . . . . . . . . . . . . . . 6.1.1,8.3.3,9.5.1.6,9.7 Insurance,Property. . . . . . . . . . . . . . . . . . . . . . . . . . . 10.2-5,11.3 Date of Commencement of the Work,Definition of. . . . . . . . . 8.1.2 Insurance,Stored Materials 9.3.2, 11.3.1.4 Date of Substantial Completion,Definition of. . . . . . . . . . . . . . 8.1.3 INSURANCE AND BONDS 11 Day,Definition of. . . . . . . . . . . . .. . . . . . . . . . . . . . . . 8.1.4 Insurance Companies,Consent to Partial Occupancy . .9.9.1,11.3.11 . . . . . Decisions of the Architect. . . . . . 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Insurance Companies,Settlement with. . . . . . . . . . . . . . . . . 4.3.2, 4.3.6, 4.4.1, 4.4.41 4.5,6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 11.3.10Intent of the Contract Documents . . . . . . . . . . . . . . . . 1.2.3,3.12.4, 9.4,9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification . . . . . . . . . . 9.5,9.7, 14.1.1.3 4.2.6, 4.2.7, 4.2.12, 4.2.13, 7.4 Defective or Nonconforming Work, Acceptance, Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.6 Rejection and Correction of . . . . . . . . . . . . 2.3,2.4,3.5.1,4.2.1, Interpretation. . . . . . . . 1.2.5, 1.4,1.5,4.1.1,4.3.1,5.1,6.1.2,8.1.4 4.2.6, 4.3.5,9.5.2, 9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3 Interpretations,Written . . . . . . . . . . . . . . . . . . 4.2.11,4.2.12,4.3.7 Defective Work,Definition of . . . . . . . . . . . . . . . . . . . . . . . . 3.5.1 Joinder and Consolidation of Claims Required . . . . . . . . . . . . . 4.5.6 Definitions. . . . . . 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, Judgment on Final Award . . . . . . . . . . . .. . . . 4.5.1,4.5.4.1,4.5.7 4.3.1, 5.1,6.1.2, 7.2.1, 7.3.1, 7.3.6, 8.1, 9.1, 9.8.1 Labor and Materials,Equipment . . . . 1.1.3, 1.1.6,3.4,35.1,3.8.2, Delays and Extensions of Time . . . . . . .. . . 4.3.1,4.3.8.1,4.3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 6.1.1,6.2.3, 7.2.1, 7.3.1, 7.3.4, 7.3.5, 7.3.8, 4.2.7,6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 7.3.9, 8.1.1,8.3, 10.3.1, 14.1.1.4 Labor Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.3.1 Disputes . . . . . . . . . . . . 4.1.4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2 Laws and Regulations . 1.3,3.6,3.7,3.13,4.1.1,4.5.5,4.5.7 Documents and Samples at the Site . . . . . . . . . . . . . . . . . . . . . . 3.11 9.9.1, 10.2.2, 11.1, 1 1.3, 13 1, 13.4, 13.5.1, 13.5.2, 13.6, Drawings,Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.5 Liens . . .. . . . . . . . . . . . . . . 2.1.2,4.3.2,4.3.5.1,8.2.2,9.3.3,9.10.2 Drawings and Specifications,Use and Ownership of. . . . . 1.1.1,1.3, Limitation on Consolidation or Joinder . 4.5.5 2.2.5, 3.11, 5.3 Limitations,Statutes of . . . . . . . . . . . . . . . . . . . 4.5.42, 12.2.6, 13.7 Duty to Review Contract Documents and Field Conditions. . - 32 Limitations of Authority. . . . . . . . . . . . . . . . . . . . 3.3.1,4.1.2,4.2.1, Effective Date of Insurance . . . . . . . . . . . . . . . . . . . . . . 8.2.2, 11.1.2 4.2.3, 4.2.7, 4.2.10, 5.2.2, 5.2.4, 7.4, 1 1.3.10 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION AIA° •©198'THE AMERICAN INSTITUTE OF ARCHITECTS,1715 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 3 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Limitations of Liability . . . . . 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.11, Owner's Right to Perform Construction and to 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, Award Separate Contracts . . . .. . . . . . . . . . . . . . . . . . . . . 6.1 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2 Owner's Right to Stop the Work. . . . . . . . . . . . . . . . . . . 2.3,4.3.7 Limitations of Time,General 2.2.1,2.2.4,3.2.1,3.7.3, Owner's Right to Suspend the Work . . . . . . . . . . . . . . . . . . . . . 14.3 3.8.2, 3.10, 3.12.5, 3.15.1, 4.2.1, 4.2.7, 4.2.11, 4.3.2, Owner's Right to Terminate the Contract . 14.2 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, Ownership and Use of Architect's Drawings, Specifications 8.2, 9.5, 9.6.2, 9.8, 9.9,9.1o, 11 1.3, 1 1.3.1, 1 1.3.2, 11.3.5, and Other Documents. . . . . . . . . . . . . . . . 1.1.1,1.3,2.2.5,5.3 11-3.6, 12.2.1, 12.2.2, 13.5, 13.7 Partial Occupancy or Use . . . . . . . . . . . . . . . . . 9.6.6,9.9, 11.3,1 1 Limitations of Time,Specific . . . . . . Patching,Cutting and . . . . . . . . . . . . . . . . . . . . . . . . . . 3.14,6 2.6 . . 2.1.2,2.2.1,2.4,3.f 0,3.1 1, Patents,Royalties and . . . . . . . .. . 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, 3.17 Payment,Applications for . . . . . . . . . . . . . . . . 4.2.5,9.2,9.3,9.4, 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, y 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 11.3.10, 71.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Payment,Certificates for. . . . *. . . . . . 4.2.5,4.2.9,9.3.3,9.4,9.5, Loss of Use Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.3.3 Material Suppliers . . . . . . . . . . . . . . 1.3.1,3.12.1,4.2.4,4.2.6,5.2.1, x.6.1, 9.6.6, f. .1, . . .3, . . .. 9.10. . . . . . 14.1.1.3, 1 .1 3, Payment,Failure of. . . . . . . . . . . . . . . . . . . . . . . . . . 4.3.7,9.5.1.3, 9.3.1, 9.3.1.2,9.3.3,9.4.2, 9.6.5, 9.10.4 9.7, 9.10.2, 14.1.1.3, 142.12 Materials,Hazardous 10.1, 10.2.4 Payment,Final . . . . . . . . .. . . 4.2.1,4.2.9,4.3.2,4.3.5,9.10, 11.1.2, Materials,Labor,Equipment and . . . . . 1.1.3, 1.1.6,3.4,3.5.1,3.8.2, , , 13.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7,6.2.1, Payment Bond,Performance ormance Bond and . . . . . . . . . . . . . . 7.3.6.4,7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 9.10.3, 11.3.9, 11.4 Means, Methods, Techniques, Sequences and Payments,Progress . 4.3.4,9.3,9.6, Procedures of Construction . . . . . . . . 3.3.1,4.2.3,4.2.7,9.4.2 9.8.3, 9.10.3, 13.6, 1=1.2.3 Minor Changes in the Work. . . . . . . . . . 1.1.1,4.2.8,4.3.7,7.1,7.4 PAYMENTS AND COMPLETION . . . . 9, 14 MISCELLANEOUS PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . 13 Payments to Subcontractors . . . . . . . . . . . . . . . . . . . . 5.4.2,9.5.1.3, Modifications,Definition of . . . . . . . .. . 1.1.1 9.6.2.9... . . . . . 1 1.3.8, 9.5.1 .2 Modifications to the Contract . . . . . . . . . . . 1.1.1,1.1.2,3.7.3,3.11, PCB. . . . . . . . . . . . . . . . . . . . . . 10.1 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7 Performance Bond and Payment Bond. . . . . . . . . . . . . . . . . 7.3.6.4, Mutual Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.2 9.10.3, 11.3.9, 11.4 Nonconforming Work,Acceptance of . . . . . . . . . . . . . . . . . . 12.3 Permits,Fees and Notices . . . . . . . 2.2.3,3.7,3.13,7.3.6.4,10.2.2 Nonconforming Work,Rejection and Correction of . . . . . . . . 2.3.1, PERSONS AND PROPERTY,PROTECTION OF . . . . . . . . . . . . 10 4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3 Polychlorinated Biphenyl . . . . . . . 10.1 Notice. . . . . . . . .. . . . 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3-9,3.12.8, Product Data,Definition of. .. . . . . . . . . . . . . . . . . . . . . . . . . 3.122 3.12.9, 3.17, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.l.1, 8.2.2, 9.4.1, Product Data and Samples,Shop Drawings . . . . 3.11,3.12,4.2.7 9.5.1, 9.6.1, 9.7,9.10, 10.1.2, 10.2.6, 11.1.3, 11 3, 12.2.2, Progress and Completion . . . . . . . . . . . . . . . . . . . 4.2.2,4.3.4,8.2 12.2.4, 13 3, 13.5.1, 13.5.2, 14 Progress Payments . . . . . . . . . . . . 4.3.4,9.3, Notice,Written . . . . .. . . . . . . . . . 2.3,2.4,3.9,3.12.8,3.12.9,4.3, 9.6, 9.8.3, 9.10.3, 13.6, 142.3 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, Project,Definition of the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.4 10.1.2, 10.2.6, 1 1.1.3, 1 1.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Project Manual,Definition of the . . . . . . . . . . . . . . . . . . . . . . 1.1.7 Notice of Testing and Inspections. . . . . . . . . . . . .•. . . 13.5.1, 13.5.2 Project Manuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.2.5 Notice to Proceed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.2.2 Project Representatives 4.2.10 Notices,Permits,Fees and . . . . . . 2.2-3,3.7,3.13,7.3.6.4, 10.2.2 Property Insurance . . . . . . . . . . . 10.2.5,11.3 Observations,Architect's On-Site . . . . . . . . . . . . . .. . 4.2.2,-t._ >�.-, PROTECTION OF PERSONS AND PROPERTY. . . . . . . . . . . . . 10 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Regulations and Laws . . . . . . . . . . . . 1.3,3.6,3.7,3.13,4.1.1,4.5.5, Observations,Contractor's. . . . . . . . . . . . . . . . . . . . . . . 1.2.2,3.2.2 4.5.7, 10.2.2, 11.1, 11 3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Occupancy. . . . . . . . . ... . . . . . . .. . . . . 9.6.6,9.8.1,9.9, 1 1.3.1 1 Rejection of Work 3.5.1,4.2.6, 12.2 On-Site Inspections by the Architect 4.2.2,4.2.9,-4-3.6, Releases of Waivers and Liens. . . . . . . . . . . . . . . . . . . . . . . . . 9.10.2 9.4.2, 9.8.2, 9.9.2, 9.10.1 Representations . . . . . . . . . . . . . . . . . . . . . . . . . 1.2.2,3.5.1,3.12.7, On-Site Observations by the Architect . . . . . . . . . 4.2.2,4.2.5,4.3.6, 6.2.2, 8.2.1, 9.3.3, 9.42, 9.5.1, 9.8.2, 9.10.1 9.4.2, 9.5.1, 9.10.1, 13.5 Representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.1.1,3.1.1,3.9, Orders,Written . . . . . . . . . . . . 2.3,3.9,4.3.7,7,8.2.2,11.3.9, 12.1, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 12.2, 13.5.2, 1-t.3:1 Resolution of Claims and Disputes . . . . . . . . . . . . . . . . . . 4.4,-4.5 OWNER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .•. . . 2 Responsibility for Those Performing the Work . . . . . . . . . . . . .1.3.2, Owner,Definition of 2.1 4.2.3, 6.1.3, 6 2, 10 Owner,Information and Services Required of the. . . . . . . . Retainage Retainage . . . . . . . . . . . . . . . 9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3 2 Review of Contract Documents and Field 2.2, 4.3.4,6,9, l0.l.4, t 1.2, 1 l.3, 1.1.5.1, 14.1.l.5, 14.1.3 Conditions by Contractor. . . . . . . . . . . . 1.2.2,3.2,3.7.3,3.12.7 Owner's Authorith- . . . . . . . . . 3.8.1,4.1.3,42.9,5.2.1,52.4,5.4.1, Review of Contractor's Submittals by 7.3 .1. 8.2.2. 9.3.1, 9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1 Owner and Architect Owner's Financial Capability . . . . . . . . . . . . . . . . . . . 2.2.1, 14.1.1.5 3.10.1,3.10.2,3.11,3.12, Owner's LiabilityInsurance . . . . . . . . . . . . . . . . . . . . . . . . . 4.2.7, 4.2.9, 5.2.1, 5.2.3, 9.2, 9.8.2 . 11.2 Review of Shop Drawings, Product Data Owner's Loss of('se Insurance. . . . . . . . . . . . . . . . . . . . . . . . 11.3.3 and Samples by Contractor. . . . . . .. . . . . . . . . . . . . . . . . 3.12.5 Owner's Relationship with Subcontractors . . . . . . 1.1.2, Rights and Remedies . . . . . . . . . . . . . 1.1.2,2.3,2.4,3.5.1, 3.15.2, 5.2.1, 5.4.1,9.6.4 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, Owner's Right to Carry 2 Out the Work. . . . . . . . 2.4, 12.2.4, 14. .2. 10.3, 12.22, 12.2.4, 13.4, 14 Owner's Right to Clean Up . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.3 Royalties and Patents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.17 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION 4 A201-1987 AIA° •U 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1-735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Rules and Notices for Arbitration . . . . . . . . . . . . . . . . . . . . . 4.5.2 Suspension by the Owner for Convenience . . . . . . . . . . . . . 14.3 Safety of Persons and Property . . . . . . . . . . . . . . . . . . . . . . . 10.2 Suspension of the Work . . . . . . . . . . . . . 4.3.7,5.4.2, 14.1.1.4, 14.3 Safety Precautions and Programs . . . . . . . . . . . 4.2.3,4.2.7,10.1 Suspension or Termination of the Contract . . . . . . 4.3.7,5.4.1.1, 14 Samples,Definition of 3.12.3 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.6,7 3.6.4 Samples,Shop Drawings,Product Data and . . . 3.11,3.12,4.2.7 Termination by the Contractor . . . . . . . . . . . . . . . . . . . . . . . . 14.1 Samples at the Site,Documents and . . . . . . . . . . . . . . . . . . . 3.11 Termination by the Owner for Cause. . . . . . . . . . . . . 5.4.1.l,14.2 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.2,9.3.1 Termination of the Architect . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1.3 Schedules,Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.10 Termination of the Contractor . . . . . . . . . . . . . . . . . . . . . . . . 14.22 Separate Contracts and Contractors . . . . . . . . . . 1.1.4,3.14.2,4.2.4, TERMINATION OR SUSPENSION OF THE CONTRACT . . . . . . 14 4.5.5, 6, 1 1.3.7, 12.1.2, 12.2.5 Tests and Inspections . . . . . 3.3.3,4.2.6,4.2.9,9.4.2, 12.2.1,13.5 Shop Drawings,Definition of. . . . . . . . . . . . . . . . . . . . . . . . . 3.12.1 TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Shop Drawings,Product Data and Samples . . . . 3.1 1,3.12,4.2.7 Time,Delays and Extensions of . . . . . . . . . . . . . . 4.3.8,7.2.1,8.3 Site,Use Of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.13,6.1.1,6.2.1 Time Limits,Specific . . . . . . . . . 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1, 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 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, Site Visits,Architect's . . . . . . . . . . . . . . . . . 4.22,4.2.5,4.2.9,4.3.6, 9.3.3, 9.4.1, 9.6.1, 9.7,9.8.2, 9.10.2, 11.1.3, 11.3.6, 1 1.3.10, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Special Inspections and Testing . . . . . . . . . . . . . . 4.2.6, 12.2.1, 13.5 Time Limits on Claims. . . . . . . . . 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5 Specifications,Definition of the. . . . . . . . . . . . . . . . . . . . . . . 1.1.6 Title to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.32,9.3.3 Specifications,The . . . . . . . . . . 1.1.1,1.1.6, 1.1.7, 12.4, 1.3,3.11 UNCOVERING AND CORRECTION OF WORK . . . . . . . . . . . . . 12 Statutes of Limitations . . . . . . . . . . . . . . . . . . . . 4.5.4.2, 12.2.6, 13.7 Uncovering of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.1 Stopping the Work. . . . . . . . . . . . 2.3,4.3.7,9.7, 10.1.2, 10 3, 14.1 Unforeseen Conditions . . . . . . . . . . . . . . . . . . . . . 4.3.6,8.3.1, 10.1 Stored Materials . . . . . . . . . . . 6.2.1,9.3.2, 10.2.1.2, 11.3.1.4,12.2.4 Unit Prices . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . 7.L4,7 1.32 Subcontractor,Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . 5.l.l Use of Documents . . .. . . . . . . . . . . . . . l.1.1, 1.3,2.2.5,3.12.1,5.3 SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Use of Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.13,6.1.1,6.2.1 Subcontractors,Work by. . . . . . . . . . . . . . . . . . 1.2.4,3.3.2,3.12.1, Values,Schedule of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.2,93 1 4.2.3, 5.3, 5.4 Waiver of Claims:Final Payment . . . . . . . . . . . 4.3.5,4.5.1,9.10.3 Subcontraetual Relations . . . . . . . . . . . . . . 5.39 5.4,9.3.12,9.6.2, Waiver of Claims by the Architect. . . . . . . . . . . . . . . . . . . . . . 13.4.2 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 Waiver of Claims by the Contractor. . . . . . . . . 9.10.4,1 1.3.7, 13.4.2 Submittals . . . . . . . . . 1.3,3.2.3,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, Waiver of Claims by the Owner . . . . . . . . . . . . . . 4.3.5,4.5.1,9.9.3, 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 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2 Subrogation,Waivers of. . . . . . . . . . . . . . . . . 6.1.1, 11 3.5,11.3.7 Waiver of Liens. . . . . . . . . . . . . . . . . . . . . . . Substantial Completion. . . . . . . . . . . . . 4.2.9,4.3.5.2,8.1.1,8.1.3, Waivers of Subrogation. . . . . . . . . . . . . . . . . . . 6.1.1, 1 1.3.5, 11.3J 8.2.3,9.8, 9.9.1, 12.2.1, 122.2, 13.7 Warranty and Warranties. . . . . . . . . . . . . . . . . . . . . . . . . 3.5,4.2.9, Substantial Completion,Definition of. . . . . . . . . . . . . . . . . . . . 9.8.1 4.3.5.3, 9.3.3, 9.8.2, 9.9.1, 12.22, 13.7.1.3 Substitution of Subcontractors . . . . . . . . . . . . . . . . . . . . 5.2.3,5.2.4 Weather Delays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3.82 Substitution of the Architect. . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1.3 When Arbitration May Be Demanded . . . . . . . . . . . . . . . . . . 4.5.4 Substitutions of Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5.l Work,Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l.1.3 Sub-subcontractor,Definition of . . . . . . . . . . . . . . . . . . . . . . . 5.1.2 Written Consent . . . . . . . . . . . . . . 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4, Subsurface Conditions . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 4.3.6 4.5.5, 9.3.2,9.8.2,9.9.1,9.10.2, 9.10.3, 10.1.2, 10.1.3, Successors and Assigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.2 . 11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Superintendent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.9, 1o.2.6 Written Interpretations . . . . . . . . . . . . . . . . . . . 4.2.11,4.2.12,4.3.7 Supervision and Construction Procedures . . . . . . 1.2.4,3.3,3.4, Written Notice . . . . . . . . . . . 2.3,2.4,3.9,3.12.8,3.12.9,4.3,4.4.4, 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 4.5, 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, Surety . . . . . . . . . . . . . . . 4.4.1,4.4.4,5.4.1.2,9.10.2,9.10.3, 14.2.2 lo2.6, 11.1.3, 11 3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Surety,Consent of. . . . . . . . . . . . . . . . . . . . . . . 9.9.1,9.10.2,9.10.3 Written Ordcrs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.3,3.9,4.3.7, Survevs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.22,3.18.3 7, 8.22, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION AIA'`- - q)198-THE AMERICAN INSTITUTE OF ARCIIITECTS, 1-35 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 5 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. • • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 ment, construction systems, standards and workmanship for the Work, and performance of related services. GENERAL PROVISIONS 1,1,7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the 1.1 BASIC DEFINITIONS Work which may include the bidding requirements, sample 1.1.1 THE CONTRACT DOCUMENTS forms, Conditions of the Contract and Specifications. The Contract Documents consist of the Agreement between 1,2 EXECUTION,CORRELATION AND INTENT Owner and Contractor(hereinafter the Agreement),Conditions of the Contract(General,Supplementary and other Conditions), 1.2.1 The Contract Documents shall be signed by the Owner Drawings, Specifications, addenda issued prior to execution of and Contractor as provided in the Agreement. If either the the Contract, other documents listed in the Agreement and Owner or Contractor or both do not sign all the Contract Modifications issued after execution of the Contract. A Modifi- Documents, the Architect shall identify such unsigned Docu- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change meats upon request. Directive or(4)a written order for a minor change in the Work 1.2.2 Execution of the Contract by the Contractor is a repre- issued by the Architect. Unless specifically enumerated in the sentation that the Contractor has visited the site,become famil- Agreement, the Contract Documents do not include other iar with local conditions under which the Work is to be per- documents such as bidding requirements (advertisement or formed and correlated personal observations with require- invitation to bid, Instructions to Bidders, sample forms, the ments of the Contract Documents. Contractor's bid or portions of addenda relating to bidding requirements). 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the 1.1.2 THE CONTRACT Work by the Contractor.The Contract Documents are comple- The Contract Documents form the Contract for Construction. mentary, and what is required by one shall be as binding as if The Contract represents the entire and integrated agreement required by all; performance by the Contractor shall be between the parties hereto and supersedes prior negotiations, required only to the extent consistent with the Contract Docu- representations or agreements,either written or oral. The Con- ments and reasonably inferable from them as being necessary tract may be amended or modified only by a Modification.The to produce the intended results. Contract Documents shall not be construed to create a contrac t1.2.4 Organization of the Specifications into divisions,sections ual relationship of any kind(1)between the Architect and Con- and articles,and arrangement of Drawings shall not control the tractor, (2) between the Owner and a Subcontractor or Sub- Contractor in dividing the Work among Subcontractors or in subcontractor or(3)between any persons or entities other than establishing the extent of Work to be performed by any trade. the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under 1,2,5 Unless otherwise stated in the Contract Documents, the Contract intended to facilitate performance of the words which have well-known technical or construction indus- Architect's duties. try meanings are used in the Contract Documents in acq;ord- 1.1.3 THE WORK ante with such recognized meanings. The term "Work" means the construction and services 1.3 OWNERSHIP AND USE OF ARCHITECT'S required by the Contract Documents, whether completed or DRAWINGS,SPECIFICATIONS AND OTHER partially completed, and includes all other labor, materials, DOCUMENTS equipment and services provided or to be provided by the 1,3.1 The Drawings, Specifications and other documents Contractor to fulfill the Contractor's obligations. The Work prepared by the Architect are instruments of the Architect's may constitute the whole or a part of the Project. service through which the Work to be executed by the Con- 1.1.4 THE PROJECT tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub- The Project is the total construction of which the Work per- subcontractor or material or equipment supplier shall own or formed under the Contract Documents may be the whole ora claim a copyright in the Drawings, Specifications and other part and which may include construction by the Owner or by documents prepared by the Architect, and unless otherwise separate contractors. indicated the Architect shall be deemed the author of them and 1.1.5 THE DRAWINGS will retain all common law,statutory and other reserved rights, The Drawings are the graphic and pictorial portions of the Con- in addition to the copyright. All copies of them, except the tract Documents, wherever located and whenever issued, Contractor's record set,shall be returned or suitably accounted showing the design, location and dimensions of the Work, for to the Architect,on request,upon completion of the Work. generally including plans, elevations, sections, details, sched- The Drawings, Specifications and other documents prepared ules and diagrams. by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not 1.1.6 THE SPECIFICATIONS to he used by the Contractor or any Subcontractor, Sub- The Specifications are that portion of the Contract Documents subcontractor or material or equipment supplier on other proj- consisting of the written requirements for materials, equip- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION- FOURTEENTH EDITION 3 x,201-1987 AIA° -(1)198-THE AMERICAN INSTITt:TE OF ARCI I ITECTS, 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 ments and charges required for construction,use or occupancy Architect. The Contractor, Subcontractors, Sub-subcontractors of permanent structures or for permanent changes in existing and material or equipment suppliers are granted a limited facilities. license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the 2.2.4 Information or services under the Owner's control shall Architect appropriate to and for use in the execution of their be furnished by the Owner with reasonable promptness to Work under the Contract Documents. All copies made under avoid delay in orderly progress of.the Work. this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents 2.2.5 Unless otherwise provided in the Contract Documents, prepared by the Architect. Submittal or distribution to meet the Contractor will be furnished, free of charge,such copies of official regulatory requirements or for other purposes in con- Drawings and Project Manuals as are reasonably necessary for nection with this Project is not to be construed as publication execution of the Work. in rights. anon of the Architect's copyright or other reserved 2,2,6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those 1.4 CAPITALIZATION in respect to Article 6(Construction by Owner or by Separate 1.4.1 Terms capitalized in these General Conditions include Contractors), Article 9(Payments and Completion) and Article those which are (1) specifically defined, (2) the titles of num- 11 (Insurance and Bonds). bered articles and identified references to Paragraphs, Subpara- 2,3 OWNER'S RIGHT TO STOP THE WORK graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents 1.5 INTERPRETATION as required by Paragraph 12.2 or persistently fails to carry Qut 1.5.1 In the interest of brevity the Contract Documents fre- Work in accordance with the Contract Documents,the.Owner, quently omit modifying words such as"all"and"any"and arti- by written order signed personally or by an agent specifically so cles such as "the'' and ''an," but the fact that a modifier or an empowered by the Owner in writing, may order the Contrac- article is absent from one statement and appears in another is for to stop the Work,or any portion thereof,until the cause for not intended to affect the interpretation of either statement. 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- ARTICLE 2 tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. OWNER 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.1 DEFINITION 2.4.1 If the Contractor defaults or neglects to carry out the 2.1.1 The Owner is the person or entity identified as such in Work in accordance with the Contract Documents and fails the Agreement and is referred to throughout the Contract within a seven-day period after receipt of written notice from Documents as if singular in number.The term"Owner"means the Owner to commence and continue correction of such the Owner or the Owner's authorized representative. default or neglect with diligence and promptness, the Owner 2.1.2 The Owner upon reasonable written re uest shall furnish may after such seven-day period give the Contractor a second q written notice to correct such deficiencies within a second to the Contractor in writing information which is necessary and seven-day period. If the Contractor within such second seven-- relevant for the Contractor to evaluate, give notice of or day period after receipt of such second notice fails to corn- enforce mechanic's lien rights. Such information shall include a mence and continue to correct any deficiencies, the Owner correct statement of the record legal title to the property on may, without prejudice to other remedies the Owner may which the Project is located, usually referred to as the site, and have, correct such deficiencies. In such case an appropriate the Owner's interest therein at the time of execution of the Change Order shall he issued deducting from payments then or Agreement and, within five days after any change, information thereafter due the Contractor the cost of correcting such defi- of such change in title, recorded or unrecorded. ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect 2.2 INFORMATION AND SERVICES or failure. Such action by the Owner and amounts charged to REQUIRED OF THE OWNER the Contractor are both subject to prior approval of the Archi- 2.2.1 The Owner shall, at the request of the Contractor, prior tett. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the to execution of the Agreement and promptly from time to time difference to the Owner. 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 ARTICLE 3 evidence were furnished on request prior to the execution of the Agreement, the prospective contractor would not be required to execute the Agreement or to commence the Work.J CONTRACTOR 2.2.2 The Owner shall furnish surveys describing physical 3.1 DEFINITION characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract 2.2.3 Except for permits and fees which are the responsibility Documents as if singular in number. The term "Contractor" of the Contractor under the Contract Documents, the Owner means the Contractor or the Contractor's authorized shall secure and pay for necessary approvals,easements,assess- representative. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION AIA`) •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 A201-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 3.2 REVIEW OF CONTRACT DOCUMENTS AND 3.5 WARRANTY FIELD CONDITIONS BY CONTRACTOR 3.5.1 The Contractor warrants to the Owner and Architect that 3.2.1 The Contractor shall carefully study and compare the materials and equipment furnished under the Contract will be Contract Documents with each other and with information of good quality and new unless otherwise required or permit- furnished by the Owner pursuant to Subparagraph 2.2.2 and ted by the Contract Documents, that the Work will be free shall at once report to the Architect errors, inconsistencies or from defects not inherent in the quality required or permitted, omissions discovered. The Contractor shall not be liable to the and that the Work will conform with the requirements of the Owner or Architect for damage resulting from errors, inconsis- Contract Documents. Work not conforming to these require- tencies or omissions in the Contract Documents unless the ments, including substitutions not properly approved and Contractor recognized such error, inconsistency or omission authorized, may be considered defective. The Contractor's and knowingly failed to report it to the Architect. If the Con- warranty excludes remedy for damage or defect caused by tractor performs any construction activity knowing it involves abuse,modifications not executed by the Contractor,improper a recognized error, inconsistency or omission in the Contract or insufficient maintenance, improper operation, or normal Documents without such notice to the Architect, the Contrac- wear and tear under normal usage. If required by the Architect, for shall assume appropriate responsibility for such perfor- the Contractor shall furnish satisfactory evidence as to the kind mance and shall bear an appropriate amount of the attributable and quality of materials and equipment. costs for correction. 3.6 TAXES 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- taxes The Contractor shall pay sales,consumer,use and similar surements and conditions and other information known to the taxes for the Work g portions thereof provided re the Con- Contractor with the Contract Documents before commencing tractor which are legally enacted when bids are received mor erely activities. Errors, inconsist mcies or omissions discovered shall negotiations concluded, whether or not yet effective or merely scheduled to go into effect. be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance 3.7 PERMITS, FEES AND NOTICES with the Contract Documents and submittals approved pur- 3.7.1 L`nless,otherwise provided in the Contract Documents, suant to Paragraph 3.12. the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES necessary for proper execution and completion of the Work 3.3.1 The Contractor shall supervise and direct the Work, which are customarily secured after execution of the Contract using the Contractor's best skill and attention. The Contractor and which are legally required when bids are received or nego- shall be solely responsible for and have control over construe- tiations concluded. tion means, methods, techniques, sequences and procedures 3.7.2 The Contractor shall comply with and give notices and for coordinating all portions of the Work under the Con- required by laws, ordinances, rules, regulations and lawful tract, unless Contract Documents give other specific instruc- orders of public authorities bearing on performance of the tions concerning these matters. Work. 3.3.2 The Contractor shall be responsible to the Owner for acts 3.7.3 It is not the Contractor's responsibility to ascertain that and omissions of the Contractor's employees, Subcontractors the Contract Documents are in accordance with applicable and their agents and employees, and other persons performing laws,statutes,ordinances,building codes,and rules and regula- portions of the Work under a contract with the Contractor. tions. However, if the Contractor observes that portions of the 3.3.3 The Contractor shall not be relieved of obligations to per- Contract Documents are at variance therewith, the Contractor form the Work in accordance with the Contract Documents shall promptly notify the Architect and Owner in writing, and either by activities or duties of the Architect in the Architect's necessary changes shall be accomplished by appropriate administration of the Contract, or by tests, inspections or Modification, approvals required or performed by persons other than the 3.7.4 If the Contractor performs Work knowing it to be con- Contractor. trary to laws,statutes,ordinances,building codes,and rules and 3.3.4 The Contractor shall be responsible for inspection of por- regulations without such notice to the Architect and Owner, tions of Work already performed under this Contract to deter- the Contractor shall assume full responsibility for such Work mine that such portions are in proper condition to receive sub- and shall bear the attributable costs. sequent Work. 3.8 ALLOWANCES 3.4 LABOR AND MATERIALS 3.8.1 The Contractor shall include in the Contract Sum all 3.4.1 Unless otherwise provided in the Contract Documents, allowances stated in the Contract Documents. Items covered the Contractor shall provide and pay for labor,materials;equip- by allowances shall be supplied for such amounts and by such ment, tools, construction equipment and machinery, water, persons or entities as the Owner may direct,but the Contractor heat, utilities, transportation, and other facilities and services shall not be required to employ persons or entities against necessary for proper execution and completion of the Work, which the Contractor makes reasonable objection. whether temporary or permanent and whether or not incorpo- 3:8,2 Unless otherwise provided in the Contract DOCUments: rated or to be incorporated in the Work. .1 materials and equipment under an allowance shall be 3.4.2 The Contractor shall enforce strict discipline and good selected promptly by the Owner to avoid delay in the order among the Contractor's employees and other persons Work; carrying out the Contract. The Contractor shall not permit .2 alloNvances shall cover the cost to the Contractor of employment of unfit persons or persons not skilled in tasks materials and equipment delivered at the site and all assigned to them. required taxes, less applicable trade discounts: AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FO(' RTEENTH EDITION 8 A201-1987 AIA" •©198-THE AMERICAN INSTITUTE OF ARCHITECTS, 1-35 NES'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 which submittals are required the way the Contractor proposes site, labor, installation costs, overhead, profit and to conform to the information given and the design concept other expenses contemplated for stated allowance expressed in the Contract Documents. Review by the Architect amounts shall be included in the Contract Sum and is subject to the limitations of Subparagraph 4.2.7. not in the allowances; 3.12.5 The Contractor shall review,approve and submit to the .4 whenever costs are more than or less than allowances, Architect Shop Drawings, Product Data, Samples and similar the Contract Sum shall be adjusted accordingly by submittals required by the Contract Documents with reason- Change Order. The amount of the Change Order shall able promptness and in such sequence as to cause no delay in reflect(1)the difference between actual costs and the the Work or in the activities of the Owner or of separate con- allowances under Clause 3.8.2.2 and (2) changes in tractors. Submittals made by the Contractor which are not Contractor's costs under Clause 3.8.2.3. required by the Contract Documents may be returned without 3.9 SUPERINTENDENT action. 3.9.1 The 4Contractor shall employ a competent superinten- 3.12.6 The Contractor shall perform no portion of the Work dent and necessary assistants who shall be in attendance at the requiring submittal and review of Shop Drawings, Product Project site during performance of the Work. The superinten- Data, Samples or similar submittals until the respective submit- dent shall represent the Contractor,and communications given tal has been approved by the Architect. Such Work shall be in to the superintendent shall be as binding as if given to the Con- accordance with approved submittals. tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on 3.12.7 By approving and submitting Shop Drawings, Product written request in each case. Data, Samples and similar submittals, the Contractor represents 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto,or 3.10.1 The Contractor,promptly after being awarded the Con- will do so, and has checked and coordinated the information tract, shall prepare and submit for the Owner's and Architect's contained within such submittals with the requirements of the information a Contractor's construction schedule for the Work. Work and of the Contract Documents. The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as 3.12.8 The Contractor shall not be relieved of responsibility required by the conditions of the Work and Project, shall be for deviations from requirements of the Contract Documents related to the entire Project to the extent required by the Con- by the.Architect's approval of Shop Drawings, Product Data, tract Documents, and shall provide for expeditious and practi- Samples or similar submittals unless the Contractor has cable execution of the Work, specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written 3.10.2 The Contractor shall prepare and keep current, for the approval to the specific deviation. The Contractor shall not be Architect's approval, a schedule of submittals which is coordi- relieved of responsibility for errors or omissions in Shop Draw- nated with the Contractor's construction schedule and allows ings, Product Data, Samples or similar submittals by the Archi- the Architect reasonable time to review submittals. tect's approval thereof. 3.10.3 The Contractor shall conform to the most recent 3.12.9 The Contractor shall direct specific attention,in writing schedules. or on resubmitted Shop Drawings, Product Data, Samples or 3.11 DOCUMENTS AND SAMPLES AT THE SITE similar submittals, to revisions other than those requested by 3.1 1.'l The Contractor shall maintain at the site for the Owner the Architect on previous submittals. one record copy of the Drawings, Specifications, addenda, 3.12.10 Informational submittals upon which the Architect is Change Orders and other Modifications, in good order and not expected to take responsive action may be so identified in marked currently to record changes and selections made during the Contract Documents. construction, and in addition approved Shop Drawings, Prod- 3.12.11 When professional certification of performance criteria uct Data, Samples and similar required submittals. These shall of materials,systems or equipment is required by the Contract be available to the Architect and shall be delivered to the Archi- Documents, the Architect shall be entitled to rely upon the tect for submittal to the Owner upon completion of the Work. accuracy and completeness of such calculations and certifi- 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES cations. 3.12.1 Shop Drawings are drawings, diagrams, schedules and 3.13 USE OF SITE other data specially prepared for the Work by the Contractor or 3.13.1 The Contractor shall confine operations at the site to a Subcontractor, Sub-subcontractor, manufacturer, supplier or a distributor to illustrate some portion of the Work. reas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with 3.12.2 Product Data are illustrations, standard schedules, per- materials or equipment. formance charts, instructions, brochures, diagrams and other 3.14 CUTTING AND PATCHING information furnished by the Contractor to illustrate materials 3.14.1 The Contractor shall be responsible for cutting, fitting or equipment for some portion of the Work. or patching required to complete the Work or to make its parts 3.12.3 Samples are physical examples which illustrate fit together properly. materials, equipment or workmanship and establish standards be which the Work will be judged. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the 3.12.4 Shop Drawings, Product Data, Samples and similar sub- Owner or separate contractors by cutting, patching or other- mitials are not Contract Documents. The purpose of their sub- wise altering such construction,or by excavation.The Contrac- mittal is to demonstrate for those portions of the Work for for shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRAc,r FOR CONSTRCCTION• FOURTEENTH EDITION AIA" •V 198'THE AMERICAN INSTITUTE OFARCHITECTS,1-35 NEW YORK AVENUE,NV('.,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 tect's consultants, and agents and employees of any of them the Owner and of such separate contractor;such consent shall arising out of(1)the preparation or approval of maps,drawings, not be unreasonably withheld. The Contractor shall not unrea- opinions,reports,surveys,Change Orders,designs or specifica- sonably withhold from the Owner or a separate contractor the tions, or (2) the giving of or the failure to give directions or Contractor's consent to cutting or otherwise altering the Work. instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or 3.15 CLEANING UP failure to give is the primary cause of the injury or damage. 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the ARTICLE 4 Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction ADMINISTRATION OF THE CONTRACT equipment, machinery and surplus materials. 4.1 ARCHITECT 3.15.2 If the Contractor fails to clean up as provided in the 4.1.1 The Architect is the person lawfully licensed to practice Contract Documents, the Owner may do so and the cost architecture or an entity lawfully practicing architecture iden- thereof shall be charged to the Contractor. tified as such in the Agreement and is referred to throughout 3.16 ACCESS TO WORK the Contract Documents as if singular in number. The term 3.16.1 The Contractor shall provide the Owner and Architect "Architect'' means the Architect or the Architect's authorized access to the Work in preparation and progress wherever representative. located. 4.1.2 Duties, responsibilities and limitations of authority of the 3.17 ROYALTIES AND PATENTS Architect as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the 3.17.1 The Contractor shall pay all royalties and license fees. Owner, Contractor and Architect. Consent shall not be unrea- The Contractor shall defend suits or claims for infringement of sonably withheld. patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for 4.1.3 In case of termination of employment of the Architect, such defense or loss when a particular design,process or prod- the Owner shall appoint an architect against whom the Con- uct of a particular manufacturer or manufacturers is required by tractor makes no reasonable objection and whose status under the Contract Documents. However, if the Contractor has rea- the Contract Documents shall be that of the former architect. son to believe that the required design,process or product is an 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 infringement of a patent,the Contractor shall be responsible for shall he subject to arbitration. such loss unless such information is promptly furnished to the Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 3.18 INDEMNIFICATION 4.2.1 The Architect will provide administration of the Contract 3.18.1 To the fullest extent permitted by law, the Contractor as described in the Contract Documents, and will be the shall indemnify and hold harmless the Owner,Architect,Archi- Owner's representative (1) during construction, (2) until final tect's consultants, and agents and employees of any of them payment is due and (3) with the Owner's concurrence, from from and against claims, damages,losses and expenses, includ- time to time during the correction period described in Para- ing but not limited to attorneys' fees,arising out of or resulting graph 12.2. The Architect will advise and consult with the from performance of the Work,provided that such claim,dam- Owner.The Architect will have authority to act on behalf of the age, loss or expense is attributable to bodily injury, sickness, Owner only to the extent provided in the Contract Documents, disease or death,or to injury to or destruction of tangible prop- unless otherwise modified by written instrument in accordance erty(other than the Work itself)including loss of use resulting with other provisions of the Contract. therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, 4.2.2 The Architect will visit the site at intervals appropriate to anyone directly or indirectly employed by them or anyone for the stage of construction to become generally familiar with the whose acts they may be liable, regardless of whether or not progress and quality of the completed Work and to determine such claim,damage,loss or expense is caused in part by a party in general if the Work is being performed in a manner indicat- indemnified hereunder. Such obligation shall not be construed ing that the Work,when completed,will be in accordance with to negate, abridge, or reduce other rights or obligations of the Contract Documents. However, the Architect will not be indemnity which would otherwise exist as to a party or person required to make exhaustive or continuous on-site inspections described in this Paragraph 3.18. to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the 3.18.2 In claims against any person or entity indemnified Owner informed of progress of the Work,and will endeavor to under this Paragraph 3.18 by an employee of the Contractor,a guard the Owner against defects and deficiencies in the Work. Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- 4.2.3 The Architect will not have control over or charge of and tion obligation under this Paragraph 3.18 shall not be limited by will not be responsible for construction means, methods, a limitation on amount or type of damages, compensation or techniques, sequences or procedures,or for safety precautions benefits payable by or for the Contractor or a Subcontractor and programs in connection with the Work, since these are under workers' or workmen's compensation acts, disability solely the Contractor's responsibility as provided in Paragraph benefit acts or other employee benefit acts. 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract 3.18.3 The obligations of the Contractor under this Paragraph Documents.The Architect will not have control over or charge 3.18 shall not extend to the liability of the Architect, the Archi of and will not be responsible for acts or omissions of the Con- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION 10 A201-1987 AIA-' •C 1987 THE AMERICAN INSTITUTE OFARCHITECTS,1735 NEW YORK AVENUE,NAX.,WASHINGTON,D.C.2001K, WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. I tractor, Subcontractors,or their agents or employees,or of any out the Architect's responsibilities at the site. The duties, other persons performing portions of the Work. responsibilities and limitations of authority of such project 4.2.4 Communications Facilitating Contract Administra- representatives shall be as set forth in an exhibit to be incorpo- tion. Except as otherwise provided in the Contract Documents rated in the Contract Documents. I or when direct communications have been specially autho- 4,2,11 The Architect will interpret and decide matters concern- rized, the Owner and Contractor shall endeavor to communi- ing performance under and requirements of the Contract cate through the Architect. Communications by and with the Documents on written request of either the Owner or Contrac- Architect's consultants shall be through the Architect. Commu- tor. The Architect's response to such requests will be made nications by and with Subcontractors and material suppliers with reasonable promptness and within any time limits agreed shall be through the Contractor. Communications by and with upon. If no agreement is made concerning the time within separate contractors shall be through the Owner. which interpretations required of the Architect shall be fur- 4.2.5 Based on the Architect's observations and evaluations of nished in compliance with this Paragraph 4.2, then delay shall the Contractor's Applications for Payment, the Architect will not be recognized on account of failure by the Architect to fur- review and certify the amounts due the Contractor and will nish such interpretations until 15 days after written request is issue Certificates for Payment in such amounts. made for them. 4.2.6 The Architect will have authority to reject Work which 4.2.12 Interpretations and decisions of the Architect will be does not conform to the Contract Documents. Whenever the consistent with the intent of and reasonably inferable from the Architect considers it necessary or advisable for implementa- Contract Documents and will be in writing or in the form of tion of the intent of the Contract Documents,the Architect will drawings.When making such interpretations and decisions,the have authority to require additional inspection or testing of the Architect will endeavor to secure faithful performance by both Work in accordance with Subparagraphs 13.5.2 and 13.5.3, Owner and Contractor, will not show partiality to either and whether or not such Work is fabricated,installed or completed. will not be liable for results of interpretations or decisions so However, neither this authority of the Architect nor a decision rendered in good faith. made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- 4.2.13 The Architect's decisions on matters relating to aesthetic j effect will be final if consistent with the intent expressed in the tect to the Contractor,Subcontractors,material and equipment suppliers,their agents or employees,or other persons perform- Contract Documents. ing portions of the Work. 4.2.7 The Architect will review and approve or take other 4.3 CLAIMS AND DISPUTES appropriate action upon the Contractor's submittals such as 4.3.1 Definition. A Claim is a demand or assertion by one of Shop Drawings, Product Data and Samples, but only for the the parties seeking, as a matter of right,adjustment or interpre- limited purpose of checking for conformance with information tation of Contract terms,payment of money,extension of time given and the design concept expressed in the Contract Docu- or other relief with respect to the terms of the Contract. The merits. The Architect's action will be taken with such reason- term "Claim'' also includes other disputes and matters in ques- able promptness as to cause no delay in the Work or in the tion between the Owner and Contractor arising out of or relat- activities of the Owner, Contractor or separate contractors, ing to the Contract. Claims must be made by written notice. while allowing sufficient time in the Architect's professional The responsibility to substantiate Claims shall rest with the judgment to permit adequate review.Review of such submittals party making the Claim. is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and 4.3.2 Decision of Architect. Claims, including those alleging quantities, or for substantiating instructions for installation or an error or omission by the Architect, shall be referred initially performance of equipment or systems, all of which remain the to the Architect for action as provided in Paragraph 4.4.A deci- responsibility of the Contractor as required by the Contract Sion by the Architect, as provided in Subparagraph 4.4.4,shall Documents. The Architect's review of the Contractor's submit- be required as a condition precedent to arbitration or litigation tals shall not relieve the Contractor of the obligations under of a Claim between the Contractor and Owner as to all such Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not matters arising prior to the date final payment is due, regardless constitute approval of safety precautions or, unless otherwise of(1)whether such matters relate to execution and progress of specifically stated by the Architect,of any construction means, the Work or(2) the extent to which the Work has been co" methods,techniques,sequences or procedures.The Architect's pleted. The decision by the Architect in response to a Claim approval of a specific item shall not indicate approval of an shall not be a condition precedent to arbitration or litigation in assembly of which the item is a component. the event(1)the position of Architect is vacant,(2)the Architect e has not received evidence or has failed to render a decision 4.2.8 The Architect will prepare Change Orders and Constru within agreed time limits, (3) the Architect has failed to take tion Change Directives, and may authorize minor changes in. action required the Work as provided in Paragraph 7.4. qued under Subparagraph 4.4.4 within 30 days after the Claim is made, (4)45 days have passed after the Claim has 4.2.9 The Architect will conduct inspections to determine the been referred to the Architect or (5) the Claim relates to a date or dates of Substantial Completion and the date of final mechanic's lien. completion, will receive and forward to the Owner for the Owner's review and records written warranties and related 4.3.3 Time Limits on Claims. Claims by either party must be documents required by the Contract and assembled by the made within 21 days after occurrence of the event giving rise to Contractor, and will issue a final Certificate for Payment upon such Claim or within 21 days after the claimant first recognizes compliance with the requirements of the Contract Documents. the condition giving rise to the Claim,whichever is later.Claims must be made by written notice. An additional Claim made 4.2.10 If the Owner and Architect agree,the Architect will pro- after the initial Claim has been implemented by Change Order vide one or more project representatives to assist in carrying will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION AIA" 198'THE AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEV YORK AVENUE,N.W..WASHINGTON,D.C.20006 A201-1987 11 WARNING:Unlicensed photocopying violates U.S.copyright taws and is subject to legal prosecution. 4.3.4 Continuing Contract Performance. Pending final reso- substantiating that weather conditions were abnormal for the lution of a Claim including arbitration, unless otherwise agreed period of time and could not have been reasonably anticipated, in writing the Contractor shall proceed diligently with perfor- and that weather conditions had an adverse effect on the mance of the Contract and the Owner shall continue to make scheduled construction. payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final 4.3.9 Injury or Damage to Person or Property. If either party payment shall constitute a waiver of Claims by the Owner to the Contract suffers injury or damage to person or property except those arising from: 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 .1 liens, Claims, security interests or encumbrances aris- such party is legally liable, written notice of such injury or ing out of the Contract and unsettled; damage, whether or not insured, shall be given to the other .2 failure of the Work to comply with the requirements party within a reasonable time not exceeding 21 days after first of the Contract Documents; or observance. The notice shall provide sufficient detail to enable .3 terms of special warranties required by the Contract the other party to investigate the matter. If a Claim for addi- Documents. tional cost or time related to this Claim is to be asserted,it shall 4.3.6 Claims for Concealed Or Unknown Conditions. If con- be filed as provided in Subparagraphs 4.3.7 or 4.3.8. ditions are encountered at the site which are(1)subsurface or 4.4 RESOLUTION OF CLAIMS AND DISPUTES otherwise concealed physical conditions which differ materi- 4.4.1 The Architect will review Claims and take one or more of ally from those indicated in the Contract Documents or (2) the following preliminary actions within ten days of receipt of a unknown physical conditions of an unusual nature, which dif- Claim:(1)request additional supporting data from the claimant, fer materially from those ordinarily found to exist and generally (2)submit a schedule to the parties indicating when the Archi- recognized as inherent in construction activities of the tect expects to take action, (3) reject the Claim in whole or in character provided for in the Contract Documents, then notice part, stating reasons for rejection, (4) recommend approval of by the observing party shall be given to the other party the Claim by the other party or(5)suggest a compromise. The promptly before conditions are disturbed and in no event later Architect may also, but is not obligated to, notify the surety, if than 21 days after first observance of the conditions.The Archi- any, of the nature and amount of the Claim. tect will promptly investigate such conditions and,if they differ materially and cause an increase or decrease in the Contractor's 4.4.2 If a Claim has been resolved,the Architect will prepare or cost of, or time required for, performance of any part of the obtain appropriate documentation. Work,will recommend an equitable adjustment in the Contract Sum or Contract Time,or both.If the Architect determines that Claim shall, within ten days after the Architect's preliminary If a Claim has not been resolved, the party making the the conditions at the site are not materially different from those Clai indicated in the Contract Documents and that no change in the response,take one or more of the following actions:(1)submit terms of the Contract is justified, the Architect shall so notify additional supporting data requested by the Architect, (2) the Owner and Contractor in writing, stating the reasons. modify the initial Claim or (3)notify the Architect that the initial Claims by either party in opposition to such determination Claim stands. must be made within 21 days after the Architect has given notice e the decision. If the Owner and Contractor cannot 4.4.4 If a Claim has not been resolved after consideration of the agree on t adjustment in the Contract Sum or Contract Time, foregoing and of further evidence presented by the parties or the adjustment shall be referred to the Architect for initial deter- requested by the Architect, the Architect will notify the parties mination,subject to further proceedings pursuant to Paragraph in writing that the Architect's decision will be made within 4.4. seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time 4,3.7 Claims for Additional Cost. If the Contractor wishes to period, the Architect will render to the parties the Architect's make Claim for an increase in the Contract Sum,written notice written decision relative to the Claim, including any change in as provided herein shall be given before proceeding to execute the Contract Sum or Contract Time or both. If there is a suretv the Work. Prior notice is not required for Claims relating to an and there appears to be a possibility of a Contractor's default, emergency endangering life or property arising under Para- the Architect may,but is not obligated to,notify the surety and graph 10.3. If the Contractor believes additional cost is request the surety's assistance in resolving the controversy. involved for reasons including but not limited to (1)a written interpretation from the Architect,(2)an order by the Owner to 4.5 ARBITRATION 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- cont Controversies and Claims Subject to Arbitration. Any tect,(4)failure of payment by the Owner,(5)termination of the controversy or Claim arising out of or related to the Contract, Contract by the Owner, (6) Owner's suspension or (7) other or the breach thereof, shall be settled by arbitration in accor- reasonable grounds,Claim shall be filed in accordance with the dance with the Construction Industry Arbitration Rules of the procedure established herein. American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered 4.3.8 Claims for Additional Time in any court having jurisdiction thereof, except controversies 4.3.8.1 If the Contractor wishes to make Claim for an increase or Claims relating to aesthetic effect and except those waived as in the Contract Time,written notice as provided herein shall he provided for in Subparagraph 4.3.5. Such controversies or given. The Contractor's Claim shall include an estimate of cost Claims upon which the Architect has given notice and rendered and of probable effect of delay on progress of the Work.In the a decision as provided in Subparagraph 4.4.4 shall be subject to case of a continuing delay only one Claim is necessary. arbitration upon written demand of either party. Arbitration may be comenced when 45 dayhave 4.3.8.2 If adverse weather conditions are the basis for a Claim hasbeeen re erred to the Architect as provided indParagraph 4.after a 3 for additional time, such Claim shall be documented by data and no decision has been rendered. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION 12 A201-1987 C ) THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.0 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to leaal orosor..tinn 4.5.2 Rules and Notices for Arbitration. Claims between the 4.5.6 Claims and Timely Assertion of Claims. A party who Owner and Contractor not resolved under Paragraph 4.4 shall, files a notice of demand for arbitration must assert in the if subject to arbitration under Subparagraph 4.5.1, be decided demand all Claims then known to that party on which arbitra- by arbitration in accordance with the Construction Industry tion is permitted to be demanded.When a party fails to include Arbitration Rules of the American Arbitration Association cur- a Claim through oversight, inadvertence or excusable neglect, rently in effect, unless the parties mutually agree otherwise. or when a Claim has matured or been acquired subsequently, Notice of demand for arbitration shall be filed in writing with the arbitrator or arbitrators may permit amendment. the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a 4.5.7 Judgment on Final Award. The award rendered by the copy shall be filed with the Architect. arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court 4.5.3 Contract Performance During Arbitration. During arbi- having jurisdiction thereof. tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded.Demand for arbi- ARTICLE 5 tration of any Claim may not be made until the earlier of(1)the SUBCONTRACTORS date on which the Architect has rendered a final written deci sion on the Claim, (2)the tenth day after the parties have 5.1 DEFINITIONS pre- sented evidence to the Architect or have been given reasonable 5.1.1 A Subcontractor is a person or entity who has a direct opportunity to do so, if the Architect has not rendered a final contract with the Contractor to perform a portion of the Work written decision by that date, or (3) any of the five events at the site. The term "Subcontractor" is referred to throughout described in Subparagraph 4.3.2. the Contract Documents as if singular in number and means a 4.5.4.1 When a written decision of the Architect states that(1) Subcontractor or an authorized representative of the Subcon- the decision is final but subject to arbitration and(2)a demand tractor. The term "Subcontractor" does not include a separate for arbitration of a Claim covered by such decision must be contractor or subcontractors of a separate contractor. made within 30 days after the date on which the party making 5.1.2 A Sub-subcontractor is a person or entity who has a the demand receives the final written decision, then failure to direct or indirect contract with a Subcontractor to perform a demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular Owner'and Contractor. If the Architect renders a decision after in number and means a Sub-subcontractor or an authorized arbitration proceedings have been initiated,such decision may representative of the Sub-subcontractor. be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties 5.2 AWARD OF SUBCONTRACTS AND OTHER concerned. CONTRACTS FOR PORTIONS OF THE WORK 4.5.4.2 A demand for arbitration shall be made within the time 5.2.1 Unless otherwise stated in the Contract Documents or limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause the bidding requirements, the Contractor, as soon as prac- 4.5.4.1 as applicable, and in other cases within a reasonable ticable after award of the Contract, shall furnish in writing to time after the Claim has arisen,and in no event shall it be made the Owner through the Architect the names of persons or enti- after the date when institution of legal or equitable proceedings ties(including those who are to furnish materials or equipment based on such Claim would be barred by the applicable statute fabricated to a special design)proposed for each principal por- tionof limitations as determined pursuant to Paragraph 13.7. of the Work.The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or.the 4.5.5 Limitation on Consolidation or Joinder. No arbitration Architect, after due investigation, has reasonable objection to arising out of or relating to the Contract Documents shall any such proposed person or entity. Failure of the Owner or -include, by consolidation or joinder or in any other manner, Architect to reply promptly shall constitute notice of no reason- the Architect, the Architect's employees or consultants,except able objection. by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any 5.2.2 The Contractor shall not contract with a proposed per- other person or entity sought to be joined. No arbitration shall son or entity to whom the Owner or Architect has made rea- include, by consolidation or joinder or in any other manner, sonable and timely objection. The Contractor shall not be parties other than the Owner, Contractor, a separate contrac- required to contract with anyone to whom the Contractor has for as described in Article 6 and other persons substantially made reasonable objection. involved in a common question of fact or law whose presence 5.2.3 If the Owner or Architect has reasonable objection to a is required if complete relief is to be accorded in arbitration.No. person or entity proposed by the Contractor, the Contractor person or entity other,than the Owner,Contractor or a separate shall propose another to whom the Owner or Architect has no contractor as described in Article.6 shall be included as an orig- reasonable objection. The Contract Sum shall be increased or inal third party or`additicmai'third party to an arbitration whose decreased by the difference in cost occasioned by such change interest or responsibility is insubstantial. Consent to arbitration and an appropriate Change Order shall be issued. However,no involving an additional person or entity shall not constitute increase in the Contract Sum shall be allowed for such change consent to arbitration of a dispute not described therein or with unless the Contractor has acted promptly and responsively in a person or entity not named or described therein. The fore- submitting names as required. going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties 5.2.4 The Contractor shall not change a Subcontractor,person to the Agreement shall be specifically enforceable under appli- or entity previouslN, selected if the Owner or Architect makes cable law in any couri having jurisdiction thereof. reasonable objection to such change. AIA DOCUMENT A201-•GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION AIA`` •(C,198-THE AMERICAN INSTITUTE OF ARCHITECTS, 1-3S NEW l"ORK AVENUE,N.W.,WASHINGTON,D.C.20o(K, A201.1987 13 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 5.3 SUBCONTRACTUAL RELATIONS 6.1.3 The Owner shall provide for coordination of the activi- 5.3.1 By appropriate agreement,written where legally required ties of the Owner's own forces and of each separate contractor for validity, the Contractor shall require each Subcontractor, to with the Work of the Contractor; who shall cooperate with the extent of the Work to be performed by the Subcontractor, them. The Contractor shall participate with other separate Ion- to he bound to the Contractor by terms of the Contract Docu- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any ments,and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- revisions to the construction schedule and Contract Sum mems,assumes toward the Owner and Architect.Each ocu_ deemed necessary after a joint review and mutual agreement. tract agreement shall preserve and protect the rights of the The construction schedules shall then constitute the schedules O be used by the Contractor, separate contractors and the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor sowner until subsequently revised. that subcontracting thereof will not prejudice such rights, and i shall allow to the Subcontractor, unless specifically provided 6.1.4 Unless otherwise provided in the Contract Documents, otherwise in the subcontract agreement, the benefit vall When the Owner performs construction or operations related rights, remedies and redress against the Contractor that the to the Project with the Owner's own forces,the Owner shall be I deemed to be subject to the same obligations and to have the Contractor, bthe Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each same rights which apply the Contractor under the Condi- Subcontractor to enter into similar agreements with Sub-sub- tions t the Contract, including, without excluding others, s contractors. The Contractor shall make available to each pro- those stated in Article 3, this Article 6 and Articles 10, 11 posed Subcontractor, prior to the execution of the subcontract and 12. agreement, copies of the Contract Documents to which the 6.2 MUTUAL RESPONSIBILITY Subcontractor will be bound,and,upon written request of the Subcontractor, identify to the Subcontractor terms and condi- 6.2.1 The Contractor shall afford the Owner and separate con- tions of the proposed subcontract agreement which may be at tractors reasonable opportunity for introduction and storage of variance with the Contract Documents. Subcontractors shall their materials and equipment and performance of their activi- similarly make copies of applicable portions of such documents ties and shall connect and coordinate the Contractor's con- available to their respective proposed Sub-subcontractors. struction and operations with theirs as required by the Contract Documents. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is 6.2.2 If part of the Contractor's Work depends for proper assigned by the Contractor to the Owner provided that: execution or results upon construction or operations by the .1 assignment is effective only after termination of the Owner or a separate contractor, the Contractor shall, prior to Contract by the Owner for cause pursuant to Para- proceeding.with that portion of the Work, promptly report to graph 14.2 and only for those subcontract agreements the Architect apparent discrepancies or defects in such other which the Owner accepts by notifying the Subcon- construction that would render it unsuitable for such proper tractor in writing; and execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- .2 assignment is subject to the prior rights of the surety, rate contractors'completed or partially completed construction if any, obligated under bond relating to the Contract. is fit and proper to receive the Contractor's Work,except as to 5.4.2 If the Work has been suspended for more than 30 days, defects not then reasonably discoverable. the Subcontractor's compensation shall be equitably adjusted. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ARTICLE 6 ble therefor. CONSTRUCTION BY OWNER 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- OR BY SEPARATE CONTRACTORS pleted construction or to property of the Owner or separate 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION contractors as provided in Subparagraph 10.2.5. AND TO AWARD SEPARATE CONTRACTS t 6.2.5 Claims and other disputes and matters in question 6.1.1 The Owner reserves the right to perform construction or between the Contractor and a separate contractor shall be sub- operations related to the Project with the Owner's own forces, ject to the provisions of Paragraph 4.3 provided the separate and to award separate contracts in connection with other por- contractor has reciprocal obligations. tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially 6.2.6 The Owner and each separate contractor shall have the similar to these including those portions related to insurance same responsibilities for cutting and patching as are described and waiver of subrogation. If the Contractor claims that delay for the Contractor in Paragraph 3.14. or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- 6.3 OWNER'S RIGHT TO CLEAN UP where in the Contract Documents. I 6.3.1 If a dispute arises among the Contractor, separate con- 6.1.2 When separate contracts are awarded for different por- tractors and the Owner as to the responsibility under their tions of the Project or other construction or operations on the respective contracts for maintaining the premises and surround- site, the term "Contractor" in the Contract Documents in each ing area free from waste materials and rubbish as described in case shall mean the Contractor who executes each separate Paragraph 3.15, the Owner may clean up and allocate the cost Owner-Contractor Agreement. among those responsible as the Architect determines to be just. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION 14 A201-1987 AIA' •(c)198'THE AMERICAN INSTITUTE OF ARCI IITECTS, 1'35 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 .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptaDle fixed or percent- CHANGES IN THE WORK age fee; or 7.1 CHANGES 4 as provided in Subparagraph 7.3.6. 7.3.4 upon receipt of a Construction Change Directive, the 7.1.1 Changes in the Work may be accomplished after execu- Contractor shall promptly proceed with the change in the tion of the Contract, and without invalidating the Contract, by Work involved and advise the Architect of the Contractor's Change Order, Construction Change Directive or order for a agreement or disagreement with the method, if any, provided minor change in the Work, subject to the limitations stated in in the Construction Change Directive for determining the pro- this Article 7 and elsewhere in the Contract Documents. posed adjustment in the Contract Sum or Contract Time. 7.1.2 A Change Order shall be based upon agreement among 7.3.5 A Construction Change Directive signed by the Contrac- the Owner, Contractor and Architect; a Construction Change for indicates the agreement of the Contractor therewith,includ- Directive-requires agreement by the Owner and Architect and ing adjustment in Contract Sum and Contract Time or the may or may not be agreed to by the Contractor; an order for a method for determining them. Such agreement shall be effec- minor change in the Work may be issued by the Architect tive immediately and shall be recorded as a Change Order. alone. 7.3.6 If the Contractor does not respond promptly or disagrees 7.1.3 Changes in the Work shall be performed under appli- with the method for adjustment in the Contract Sum, the cable provisions of the Contract Documents, and the Contrac- method and the adjustmenrshall be determined by the Archi- tor shall proceed promptly, unless otherwise provided in the tect on the basis of reasonable expenditures and savings of Change Order, Construction Change Directive or order for a those performing the Work attributable to the change, includ- minor change in the Work. ing, in case of an increase in the Contract Sum, a reasonable 7.1.4 If unit prices are stated in the Contract Documents or allowance for overhead and profit. In such case,and also under subsequently agreed upon, and if quantities originally con- Clause 7.3.3.3, the Contractor shall keep and present, in such templated are so changed in a proposed Change Order or Con- form as the Architect may prescribe, an itemized accounting struction Change Directive that application of such unit prices together with appropriate supporting data. Unless otherwise to quantities of Work proposed will cause substantial inequity provided in the Contract Documents,costs for the purposes of to the Owner or Contractor, the applicable unit prices shall be' this Subparagraph 7.3.6 shall be limited to the following: equitably adjusted. .1 costs of labor, including social security, old age and 7.2 -CHANGE ORDERS unemployment insurance, fringe benefits required by 7.2.1 A Change Order is a written instrumentre ared by the agreement or custom, and workers' or workmen's p p" Architect and signed by the Owner, Contractor and Architect, compensation insurance; stating their agreement upon all of the following: •2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or .1 a change in the Work; consumed; .2 the amount of the adjustment in the Contract Sum,if .3 rental costs of machinery and equipment,exclusive of any; and hand tools, whether rented from the Contractor or .3 the extent of the adjustment in the Contract Time, if others; any. .4 costs of premiums for all bonds and insurance,permit 7.2.2 Methods used in determining adjustments to the Contract fees, and sales, use or similar taxes related to the Sum may include those listed in Subparagraph 7.3.3. Work; and .5 additional costs of supervision and field office person- 7.3 CONSTRUCTION CHANGE DIRECTIVES nel directly attributable to the change. 7.3.1 A Construction Change Directive is a written order pre pared by the Architect and signed by the Owner and Architect, 7.3.7 Pending final determination of cost to the Owner, directing a change in the Work and stating a proposed basis for amounts not in dispute may be included in Applications for adjustment, if any, in the Contract Sum or Contract Time, or Payment. The amount of credit to be allowed by the Contrac- both. The Owner may by Construction Change Directive, for to the Owner fora deletion or change which results in a net without invalidating the Contract, order changes in the Work decrease in the Contract Sum shall be actual net cost as con- within the general scope of the Contract consisting of addi- firmed by the Architect. When both additions and credits tions, deletions or other revisions, the Contract Sum and Con- covering related Work or substitutions are involved in a tract Time being adjusted accordingly. change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, 7.3.3 If the Construction Change Directive provides for an the adjustment or the method shall be referred to the Architect adjustment to the Contract Sum, the adjustment shall be based for determination. on one of the following methods: 7.3.9 When the Owner and Contractor agree with the deter- .1 mutual acceptance of a lump sum properly itemized mination made by the Architect concerning the adjustments in and supported by sufficient substantiating data to per- the Contract Sum and Contract Time,or otherwise reach agree- mit evaluation; meat upon the adjustments, such agreement shall be effective .2 unit prices stated in the Contract Documents or sub- immediately and shall be recorded by preparation and execu- sequently agreed upon; tion of an appropriate Change Order. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FON CONSTRC'C7lON• FOURTEENTH EDITION AIA' • _5,1987 THE AMERICAN INSTITLA E OF ARCHITEC I S. 1735 NFu FORK AA ENt.E,Naw..WASHING-ION,D.C.20000 A201-1987 15 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes ARTICLE 9 in the Work not involving adjustment in the Contract Sum or PAYMENTS AND COMPLETION extension of the Contract Time and not inconsistent with the 9,1 CONTRACT SUM intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner 9.1.1 The Contract Sum is stated in the Agreement and,includ- and Contractor. The Contractor shall carry out such written ing authorized adjustments, is the total amount payable by the orders promptly. Owner to the Contractor for performance of the Work under the Contract Documents. ARTICLE 8 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor TIME shall submit to the Architect a schedule of values allocated to 8.1 DEFINITIONS various portions of the Work, prepared in such form and sup- ta to 8.1.1 Unless otherwise provided, Contract Time is the period Inay reqrted uire. This such dscheedulee,unless objected objected to by the Architecits accuracv as the t Of time, including authorized adjustments, allotted in the Con- may re shall be used as a basis for reviewing the Contractor's Applica tract Documents for Substantial Completion of the Work. tions for Payment. 8.1.2 The date of commencement of the Work is the date 9.3 APPLICATIONS FOR PAYMENT established in the Agreement. The date shall not be postponed 9.3.1 At least ten days before the date established for each by the failure to act of the Contractor or of persons or entities progress payment, the Contractor shall submit to the Architect for whom the Contractor is responsible. an itemized Application for Payment for operations completed 8.1.3 The date of Substantial Completion is the date certified In accordance with the schedule of values. Such application by the Architect in accordance with Paragraph 9.8. shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner 8.1.4 The term ''day'' as used in the Contract Documents shall or Architect may require, such as copies of requisitions from mean calendar day unless otherwise specifically defined. Subcontractors and material suppliers, and reflecting retainage 8.2 PROGRESS AND COMPLETION if provided for elsewhere in the Contract Documents. 8.2.1 Time limits stated in the Contract Documents are of the 9.3.1.1 Such applications may include requests for payment on essence of the Contract. By executing the Agreement the Con- account of changes in the Work which have been properly tractor confirms that the Contract Time is a reasonable period authorized by Construction Change Directives but not yet for performing the Work. included in Change Orders. 8.2.2 The Contractor shall not knowingly, except by agree- 9.3.1.2 Such applications may not include requests for pay- ment or instruction of the Owner in writing,prematurely com- ment of amounts the Contractor does not intend to pay to a mence operations on the site or elsewhere prior to the effective Subcontractor or material supplier because of a dispute or other date of insurance required by Article 1 1 to be furnished by the reason. Contractor. The date of commencement of the Work shall not 9.3.2 Unless otherwise provided in the Contract Documents, be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed payments shall be made on account of materials and equipment given by the Owner, the Contractor shall notify the Owner in delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, commencing the Work to permit the timely filing of mortgages, payment may similarly be made for materials and equipment mechanic's liens and other security interests. suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site 8.2.3 The Contractor shall proceed expeditiously with ade- shall be conditioned upon compliance by the Contractor with quate forces and shall achieve Substantial Completion within procedures satisfactory to the Owner to establish the Owner's the Contract Time. title to'such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the equipment and transportation u> the site for such materials and e Work by an act or neglect of the Owner or Architect, or of an ui ment stored off the site. employee of either, or of a separate contractor employed by 9.3.3 The Contractor warrants that title to all Work covered by the Owner, or by changes ordered in the Work, or by labor an Application for Payment will pass to the Owner no later than disputes,fire,unusual delay in deliveries,unavoidable casualties the time of payment. The Contractor further warrants that or other causes beyond the Contractor's control, or by delay upon submittalof an Application for Payment all Work for authorized by the Owner pending arbitration, or by other which Certificates for Payment have been previously issued causes which the Architect determines may justify delay, then and payments received from the Owner shall, to the best of the the Contract Time shall be extended by Change Order for such Contractor's knowledge, information and belief, be free and reasonable time as the Architect may determine. clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or 8.3.2 Claims relating to time shall be made in accordance with other persons or entities making a claim by reason of having applicable provisions of Paragraph 4.3. provided labor, materials and equipment relating to the Work. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- 9.4 CERTIFICATES FOR PAYMENT ages for delay by either party under other provisions of the 9.4.1 The Architect will, Contract Documents. within seven days after receipt of the Contractor's Application for Payment, either issue to the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRICTION• fOURTEENTH EDITION 16 A201-1987 AIA-* •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1-35 NEW YORK AVENUE,N.V.,WASHINGTON D,(:.200(Ki WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. Owner a Certificate for Payment, with a copy to the Contrac- 9.5.2 When the above reasons for withholding certification are tor, for such amount as the Architect determines is properly removed, certification will be made for amounts previously due, or notify the Contractor and Owner in writing of the withheld. Architect's reasons for withholding certification in whole or in 9.6 PROGRESS PAYMENTS part as provided in Subparagraph 9.5.1. 9.6.1 After the Architect has issued a Certificate for Payment, 9.4.2 The issuance of a Certificate for Payment will constitute a the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the the Architect. Application for Payment, that the Work has progressed to the 9.6.2 The Contractor shall promptly pay each Subcontractor, point indicated and that, to the best of the Architect's knowl- upon receipt of payment from the Owner, out of the amount edge, information and belief, quality of the Work is in accor- paid to the Contractor on account of such Subcontractor's por- dance with the Contract Documents.The foregoing representa- tion of the Work, the amount to which said Subcontractor is tions are subject to an evaluation of the Work for conformance entitled, reflecting percentages actually retained from payments with the Contract Documents upon Substantial Completion,to to the Contractor on account of such Subcontractor's portion results of subsequent tests and inspections,to minor deviations of the Work. The Contractor shall, by appropriate agreement from the Contract Documents correctable prior to completion with each Subcontractor, require each Subcontractor to make and to specific qualifications expressed by the Architect. The payments to Sub-subcontractors in similar manner. issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the 9.6.3 The Architect will, on request, furnish to a Subcontrac amount certified.However,the issuance of a Certificate for Pay- tor, if practicable, information regarding percentages of com- ment will not be a representation that the Architect has (1) pletion or amounts applied for by the Contractor and action made exhaustive or continuous on-site inspections to check the taken thereon by the Architect and Owner on account of por- quality or quantity of the Work, (2) reviewed construction tions of the Work done by such Subcontractor. means, methods, techniques, sequences or procedures, (3) 9.6.4 Neither the Owner nor Architect shall have an obligation reviewed copies of requisitions received from Subcontractors to pay or to see to the payment of money to a Subcontractor and material suppliers and other data requested by the Owner except as may otherwise be required by law. to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- 9.6.5 Payment to material suppliers shall be treated in a manner for has used money previously paid on account of the Contract similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.6.4. Sum: 9.6.6 A Certificate for Payment, a progress payment, or partial 9.5 DECISIONS TO WITHHOLD CERTIFICATION or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the 9.5.1 The Architect may decide not to certify payment and Contract Documents. may withhold a Certificate for Payment in whole or in part, to 9.7 FAILURE OF PAYMENT the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required 9.7.1 If the Architect does not issue a Certificate for Payment, Ar Ar the Architect d through no fault of the Contractor, within seven days after Subparagraph 9.4.2 cannot be made. e unable to certify payment in the amount of the Application,the receipt of the Contractor's Application for Payment, a if the Architect will notify the Contractor and Owner as provided in Owner does not pay the Contractor within seven days after the Subparagraph notify If the Contractor and Architect cannot date established in the Contract Documents the amount cer- agree on a revised amount, the Architect will promptly issue a tified by the Architect or awarded by arbitration,then the Con- agree for Payment for the amount for which the Architect tractor may, upon seven additional days' written notice to the is able to make such representations to the Owner. The Archi- Owner and Architect, stop the Work until payment of the tamount owing has been received. The Contract Time shall be ect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, extended appropriately and the Contract Sum shall be may nullify the whole or part of a Certificate for Payment increased by the amount of the Contractor's reasonable costs of previously issued, to such extent as may be necessary in the shutdown, delay and start up, which shall be accomplished as Architect's opinion to protect the Owner from loss because of: provided in Article 7. 9.8 SUBSTANTIAL COMPLETION .1 defective Work not remedied; 9,8,1 Substantial Completion is the stage in the progress of the .2 third party claims filed or reasonable evidence indicat- Work when the Work or designated portion thereof is suffi- ing probable filing of such claims; ciently complete in accordance with the Contract Documents .3 failure of the Contractor to make payments. prop- so the Owner can occupy or utilize the Work for its intended erly to Subcontractors or for labor, materials tit use. equipment; 9.8.2 When the Contractor considers that the Work, ora por- .4 reasonable evidence that the Work cannot he com- tion thereof which the Owner agrees to accept separately, is pleted for the unpaid balance of the Contract Sum; substantially complete,the Contractor shall prepare and submit .5 damage to the Owner or another contractor; to the Architect a comprehensive list of items to be completed .6, reasonable evidence that the Work will not be coin- or corrected. The Contractor shall proceed promptly to com- pleted within the Contract Time, and that the unpaid plete and correct items on the list.Failure to include an item on balance would not be adequate to cover actual or such list does not alter the responsibility of the Contractor to liquidated damages for the anticipated delay or complete all Work in accordance with the Contract Docu- .7 persistent failure to carry out the Work in accordance menu Upon receipt of the Contractor's list, the Architect will with the Contract Documents. make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THF.CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION �����1987 AIA'' •'?%1987 111 ANIF.RICAN INSTITUTE OF ARCHITECTS, I'i5 NEW YORK AVENUE,N.W,WASHINGTON,D.C.2UIIU(i ..,. inintpQ a s_rnnvriaht laws and is subject to legal prosecution. nated portion thereof is substantially complete. If the such inspection and,when the Architect finds the Work accept- Architect's inspection discloses any item, whether or not able under the Contract Documents and the Contract fully per- included on the Contractor's list, which is not in accordance formed, the Architect will promptly issue a final Certificate for with the requirements of the Contract Documents,the Contrac- Payment stating that to the best of the Architect's knowledge, for shall, before issuance of the Certificate of Substantial Com- information and belief, and on the basis of the Architect's pletion,complete or correct such item upon notification by the observations and inspections,the Work has been completed in Architect. The Contractor shall then submit a request for accordance with terms and conditions of the Contract Docu- another inspection by the Architect to determine Substantial ments and that the entire balance found to be due the Contrac- Completion. When the Work or designated portion thereof is for and noted in said final Certificate is due and payable. The substantially complete, the Architect will prepare a Certificate Architect's final Certificate for Payment will constitute a further of Substantial Completion which shall establish the date of Sub- representation that conditions listed in Subparagraph 9.10.2 as stantial Completion, shall establish responsibilities of the precedent to the Contractor's being entitled to final payment Owner and Contractor for security,maintenance,heat,utilities, have been fulfilled. 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- pence Neither final payment nor any remaining retained tract Documents shall commence on the date of Substantial Percentage shall become due until the Contractor submits to the Architect(1)an affidavit that payrolls,bills for materials and Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- equipment, and other indebtedness connected with the Work tion. The Certificate of Substantial Completion shall be sub- for which the Owner or the Owner's property might be mitted to the Owner and Contractor for their written accep- responsible or encumbered(less amounts withheld by Owner) tante of responsibilities assigned to them in such Certificate. have been paid or otherwise satisfied, (2)a certificate evidenc- ing that insurance required by the Contract Documents to 9.8.3 Upon Substantial Completion of the Work or designated remain in force after final payment is currently in effect and will portion thereof and upon application by the Contractor and not be cancelled or allowed to expire until at least 30 days' certification by the Architect, the Owner shall make payment, prior written notice has been given to the Owner,(3)a written reflecting adjustment in retainage,if any,for such Work or por statement that the Contractor knows of no substantial reason tion thereof as provided in the Contract Documents. that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if 9.9 PARTIAL OCCUPANCY OR USE any, to final payment and(5), if required by the Owner, other data establishing payment or satisfaction of obligations,such as 9.9.1 The Owner may occupy or use any completed or par- receipts, releases and waivers of liens, claims,security interests tially completed portion of the Work at any stage when such or encumbrances arising out of the Contract, to the extent and portion is designated by separate agreement with the Contrac- in such form as may be designated by the Owner. If a Subcon- tor, provided such occupancy or use is consented to by the tractor refuses to furnish a release or waiver required by the insurer as required under Subparagraph 1 1.3.11 and authorized Owner, the Contractor may furnish a bond satisfactory to the by public authorities having jurisdiction over the Work. Such Owner to indemnify the Owner against such lien. If such lien Partial occupancy or use may commence whether or not the remains unsatisfied after payments are made, the Contractor portion is substantially complete, provided the Owner and shall refund to the Owner all money that the Owner may be Contractor have accepted in writing the responsibilities compelled to pay in discharging such lien, including all costs assigned to each of them for payments, retainage if any, secu- and reasonable attornevs' fees. rity,maintenance,heat,utilities,damage to the Work and insur- ance,and have agreed in writing concerning the period for cor- 9.10.3 If, after Substantial Completion of the Work, final com- rection of the Work and commencement of warranties Pletion thereof is materially delayed through no fault of the required by the Contract Documents. When the Contractor considers a portion substantially complete,the Contractor shall Contractor or by issuance of Change Orders affecting final prepare and submit a list to the Architect as provided under completion, and the Architect so confirms, the Owner shall, Subparagraph mi Consent of the Contractor to partial occur upon application by the Contractor and certification by the panty a use shall not he unreasonably withheld. The stage of Architect,and without terminating the Contract,make payment the progress of the Work shall be determined by written agree- of the balance due for that portion of the Work fully completed com- ment between the Owner and Contractor or,if no agreement is and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- reached, by decision of the Architect. tract Documents,and if bonds have been furnished,the written 9.9.2 Immediately prior to such partial occupancy or use, the consent of surety to payment of the balance due for that por- 9.9.2 I Contractor and Architect shall jointly inspect the area tion of the Work fully completed and accepted shall be submit- to be occupied or portion ch the Work of tl used in order area ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and determine and record the condition of the Work. conditions governing final payment, except that it shall not 9.9.3 Unless otherwise agreed upon, constitute a waiver of claims.The making of final payment shall g p partial occupancy or use constitute a waiver of claims by the Owner as provided in Sub- of a portion or portions of the Work shall not constitute accep tante of Work not complying with the requirements of the Paragraph 4.3.5. Contract Documents. 9.10.4 Acceptance of final payment by the Contractor, a Sub- 9.10 FINAL COMPLETION AND FINAL PAYMENT contractor or material supplier shall constitute a waiver of claims by that payee except 9.10.1 Upon receipt of written notice that the Work is ready and identified by that payeethoseas unset led at the reviouslyin friting final for final inspection and acceptance and upon receipt of a final Application for Payment. Such waivers shall be in addition to Application for Payment, the Architect will promptly make the waiver described in Subparagraph 4.3.5. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION 18 A201-1987 AIA° •Ccs 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. ARTICLE 10 10.2.2 The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful orders PROTECTION OF PERSONS AND PROPERTY of public authorities bearing on safety of persons or property or 10.1 SAFETY PRECAUTIONS AND PROGRAMS their protection from damage, injury or loss. 10.1.1 The Contractor shall be responsible for initiating,main- 10.2.3 The Contractor shall erect and maintain, as required by taining and supervising all safety precautions and programs in existing conditions and performance of the Contract, reason- connection with the performance of the Contract. able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating 10.1.2 In the event the Contractor encounters on the site safety regulations and notifying owners and users of adjacent material reasonably believed to be asbestos or polychlorinated sites and utilities. biphenyl (PCB) which has not been rendered harmless, the 10.2.4 When use or storage of explosives or other hazardous Contractor shall immediately stop Work in the area affected materials or equipment or unusual methods are necessary for and report the condition to the Owner and Architect in writing. execution of the Work, the Contractor shall exercise utmost The Work in the affected area shall not thereafter he resumed except by written agreement of the Owner and Contractor if in care and carry on such activities under supervision of properly fact the material is asbestos or polychlorinated biphenyl(PCB) qualified personnel. and has not been rendered harmless. The Work in the affected 10.2.5 The Contractor shall promptly remedy damage and loss area shall be resumed in the absence of asbestos or polychlori- (other than damage or loss insured under property insurance nated biphenyl(PCB), or when it has been rendered harmless, required by the Contract Documents)to property referred to in by written agreement of the Owner and Contractor, or in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the accordance with final determination by the Architect on which Contractor, a Subcontractor, a Sub-subcontractor, or anyone arbitration has net been demanded, or by arbitration under directly or indirectly employed by any of them, or by anyone Article 4. 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 10.1.3 The Contractor shall not be required pursuant to Article damage or loss attributable to acts or omissions of the Owner 7 to perform without consent any Work relating to asbestos or or Architect or anyone directly or indirectly employed by polychlorinated biphenyl (PCB). 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 10.1.4 To the fullest extent permitted by law, the Owner shall Contractor. The foregoing obligations of the Contractor are in indemnify and hold harmless the Contractor, Architect, Archi- addition to the Contractor's obligations under Paragraph 3.18. tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ_ 10.2.6 The Contractor shall designate a responsible member of ing but not limited to attorneys' fees,arising out of or resulting the Contractor's organization at the site whose duty shall be the from performance of the Work in the affected area if in fact the prevention of accidents. This person shall be the Contractor's material is asbestos or polychlorinated biphenyl(PCB)and has superintendent unless otherwise designated by the Contractor not been renderer)harmless,provided that such claim,damage, in writing to the Owner and Architect. loss or expense is attributable to bodily injury,sickness,disease 10.2.7 The Contractor shall not load or permit any part of the or death, or to injury to or destruction cif tangible property (other than the Work itself) including loss of use resulting construction or site to he loaded so as to endanger its safety. .therefrom,but only to the extent caused in whole or in part by 10.3 EMERGENCIES negligent acts or omissions of the Owner, anyone directly or 10.3.1 In an emergency affecting safety of persons or property, indirectly employed by the Owner or anyone for whose acts the Contractor shall act, at the Contractor's discretion, to pre- the Owner may be liable, regardless of whether or not such vent threatened damage, injury or loss. Additional compensa- claim, damage, loss or expense is caused in part by a party tion or extension of time claimed by the Contractor on account indemnified hereunder. Such obligation shall not be construed of an emergency shall be determined as provided in Paragraph to negate, abridge, or reduce other rights or obligations of 4.3 and Article 7. indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. ARTICLE 11 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for INSURANCE AND BONDS safety of, and shall provide reasonable protection to prevent 11'1 CONTRACTOR'S LIABILITY INSURANCE damage, injury or loss to: 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in .1 employees on the Work and other persons who may the jurisdiction in which the Project is located such insurance as be affected thereby; will protect the Contractor from claims set forth below which .2 the Work and materials and equipment to be incorpo- may arise out of or result from the Contractor's operations rated therein, whether in storage on or off the site, under the Contract and for which the Contractor may be legally under care, custody or control of the Contractor or liable, whether such operations be by the Contractor or by a the Contractor's Subcontractors or Sub-subcontrac- Subcontractor or by anyone directly or indirectly employed by tors, and any of them,or by anyone for whose acts any of them may be .3 other property at the site or adjacent thereto, such as liable: trees, shrubs, lawns, walks, pavements, roadways, .1 claims under workers' or workmen's compensation, structures and utilities not designated for removal, relo- disability benefit and other similar employee benefit acts cation or replacement in the course of construction. which are applicable to the Work to be performed; AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION A[Ack' •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.0 20006 A201-1987 19 WARNING:Unlicensed photocopying viola'es U.S.copyright laws and is subject to legal prosecution. .2 claims for damages because of bodily injury, occupa- other than the Owner has an insurable interest in the property tional sickness or disease,or death of the Contractor's required by this Paragraph 11.3 to be covered, whichever is employees; earlier. This insurance shall include interests of the Owner, the .3 claims for damages because of bodily injury, sickness Contractor. Subcontractors and Sub-subcontractors in the or disease,or death of any person other than the Con- Work. tractor's employees; 11.3.1.1 Property insurance shall be on an all risk policy form 4 claims for damages insured by usual personal injury and shall insure against the perils of fire and extended coverage liability coverage which are sustained(1)by a person and physical loss or damage including, without duplication of as a result of an offense directly or indirectly related to coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal including employment of such person by the Contractor, e to by another person; demolition occasioned by enforcement of any applicable legal 5 claims for damages, other than to the Work itself, requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such because of injury to or destruction of tangible prop erty, including loss of use resulting therefrom; insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. .6 claims for damages because of bodily injury,death of a person or property damage arising out of owner- 11.3.1.2 If the Owner does not intend to purchase such prop- ship, maintenance or use of a motor vehicle; and erty insurance required by the Contract and with all of the 7 claims involving contractual liability insurance appli coverages in the amount described above, the Owner shall so cable the Contractor's obligations under Paragraph inform the Contractor in writing prior to commencement of the Work.The Contractor may then effect insurance which will 3.18. protect the interests of the Contractor,Subcontractors and Sub- 11.1.2 The insurance required by Subparagraph 1 1.1.1 shall be subcontractors in the Work, and by appropriate Change Order written for not less than limits of liability specified in the Con- the cost thereof shall be charged to the Owner. If the Contrac- tract Documents or required by law, whichever coverage is for is d.unaged by the failure or neglect of the Owner to pur- greater. Coverages, whether written on an occurrence or chase or maintain insurance as described above, without so claims-made basis, shall be maintained without interruption notifying the Contractor, then the Owner shall bear all reason- from date of commencement of the Work until date of final able costs properly attributable thereto. payment and termination of any coverage required to be main- 11.3.1.3 If the property insurance requires minimum deducti- tained after final payment. bles and such deductibles are identified in the Contract Docu- 11.1.3 Certificates of Insurance acceptable to the Owner shall monis, the Contractor shall pay costs not covered because of be filed with the Owner prior to commencement of the Work. such deductibles.If the Owner or insurer increases the required These'Certificates and the insurance policies required by this minimum deductibles above the amounts so identified or if the Paragraph 11.1 shall contain a provision that coverages Owner elects to purchase this insurance with voluntary deduc- afforded under the policies will not be cancelled or allowed to tible amounts, the Owner shall be responsible for payment of expire until at least 30 days' prior written notice has been given the additional costs not covered because of such increased or to the Owner. If any of the foregoing insurance coverages are voluntary deductibles. If deductibles are not identified in the after final payment and are reason Contract Documents, the Owner shall pay costs not covered required to remain in force a ably available,an additional certificate evidencing continuation because of deductibles. of such coverage shall be submitted with the final Application 11,3.1.4 Unless otherwise provided in the Contract Docu- for Payment as required by Subparagraph 9.10.2. Information merits,this property insurance shall cover portions of the Work concerning reduction of coverage shall be furnished by the stored off the site after written approval of the Owner at the Contractor with reasonable promptness in accordance with the value established in the approval,and also portions of the Work Contractor's information and belief. in transit. 11.2 OWNER'S LIABILITY INSURANCE 11.3.2 Boiler and Machinery Insurance. The Owner shall 11.2.1 The Owner shall be responsible for purchasing and purchase and maintain boiler and machinery insurance maintaining the Owner's usual liability insurance. Optionally, required by the Contract Documents or by law, which shall the Owner may purchase and maintain other insurance for self- specifically coyer such insured objects during installation and protection against claims which may arise from operations until final acceptance by the Owner;this insurance shall include under the Contract. The Contractor shall not be responsible interests of the Owner, Contractor, Subcontractors and Sub- for purchasing and maintaining this optional Owner's liability subcontractors in the Work, and the Owner and Contractor insurance unless specifically required by the Contract shall be named insureds. Documents. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's 11.3 PROPERTY INSURANCE option, may purchase and maintain such insurance as will 11.3.1 Unless otherwise provided, the Owner shall purchase insure the Owner against loss of use ve the Owner's property authorized due to fire or other hazards, however caused. The Owner and maintain, in a company or companies lawfully a diction in which the Project is waives all rights of action against the Contractor for loss of use to do business in the juris Of the Owners property, including consequential losses clue to located, property insurance in the amount of the initial Con- fire or other hazards however caused. tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- 11.3.4 If the Contractor requests in writing that insurance for untary deductibles. Such property insurance shall he main- risks other than those described herein or for other special ha tained, unless otherwise provided in the Contract Documents arils he included in the property insurance policy, the Owner or otherwise agreed in writing by all persons and entities who shall, if possible, include such insurance, and the cost thereof are beneficiaries of such insurance,until final payment has been shall be charged to the Contractor by appropriate Change made as provided in Paragraph 9.10 or until no person or entity Order. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOt"RTE.ENTH EDITION 20 A201-1987 AIA© •©1987 THE AJIERICAN INSTITUTE OF ARCHITECTS, 1-i5 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.200W, 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 11.3.10 The Owner as fiduciary shall have power to adjust and insures properties, real or personal or both, adjoining or adja- settle a loss with insurers unless one of the parties in interest cent to the site by property insurance under policies separate shall object in writing within five days-after occurrence of loss from those insuring the Project, or if after final payment prop- _ to the Owner's exercise of this power; if such objection be i erty insurance is to be provided on the completed Project made,arbitrators shall be chosen as provided in Paragraph 4.5. through a policy or policies other than those insuring the Proj- The Owner as fiduciary shall,in that case,make settlement with ect during the construction period, the Owner shall waive all insurers in accordance with directions of such arbitrators. If rights in accordance with the terms of Subparagraph 11.3.7 for distribution of insurance proceeds by arbitration is required, damages caused by fire or other perils covered by this separate the arbitrators will direct such distribution. property insurance. All separate policies shall provide this 11 3.11 Partial occupancy or use in accordance with Paragraph waiver of subrogation by endorsement or otherwise. 9.9 shall not commence until the insurance company or com- 11.3.6 Before an exposure to loss may occur, the Owner shall panies providing property insurance have consented to such file with the Contractor a copy of each policy that includes partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini consent of the insurance company or companies and shall, tions,exclusions and endorsements related to this Project.Each without mutual written consent,take no action with respect to policy shall contain a provision that the policy will not be partial occupancy or use that would cause cancellation,lapse or cancelled or allowed to expire until at least 30 days'prior writ- reduction of insurance. ten notice has been given to the Contractor. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- j 11.3.7 Waivers of Subrogation. The Owner and Contractor for to furnish bonds covering faithful performance of the Con- waive all rights against(1)each other and any of their subcon- tract and payment of obligations arising thereunder as stipu- tractors,sub-subcontractors,agents and employees,each of the lated in bidding requirements or specifically required in the other, and (2) the Architect, Architect's consultants, separate Contract Documents on the date of execution of the Contract. contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for 11.4.2 Upon the request of any person or entity appearing to damages caused by fire or other perils to the extent covered by be a potential beneficiary of bonds covering payment of obliga- property insurance obtained pursuant to this Paragraph 11.3 or tions arising under the Contract, the Contractor shall promptly other property insurance applicable to the Work, except such furnish a copy of the bonds or shall permit a copy to be made. 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 ARTICLE 12 contractors'described in Article 6, if any, and the subcontrac- tors,sub-subcontractors,agents and employees of any of them, UNCOVERING AND CORRECTION OF WORK by appropriate agreements, written where legally required for 12.1 UNCOVERING OF WORK validity, similar waivers each in favor of other parties enum- erated herein.The policies shall provide such waivers of subro- 12.1.1 If a portion of the Work is covered contrary to the gation by endorsement or otherwise. A waiver of subrogation Architect's request or to requirements specifically expressed in shall be effective as to a person or entity even though that per- the Contract Documents, it must, if required in writing by the son or entity would otherwise have a duty of indemnification, Architect, be uncovered for the Architect's observation and be contractual or otherwise, did not pay the insurance premium replaced at the Contractor's expense without change in the directly or indirectly, and whether or not the person or entity Contract Time. had.an insurable interest in the property damaged. 12.1.2 If a portion of the Work has been covered which the 11.3.8 A loss insured under Owner's property insurance shall Architect has not specifically requested to observe prior to its be adjusted by the Owner as fiduciary and made payable to the being covered,the Architect may request to see such Work and Owner as fiduciary for the insureds, as their interests may it shall-he uncovered by the Contractor. If such Work is in appear, subject to requirements of any applicable mortgagee accordance with the Contract Documents, costs of uncover- clause and of Subparagraph 11.3.10. The Contractor shall pay ing and replacement shall, by appropriate Change Order, be Subcontractors their just shares of insurance proceeds received charged to the Owner. If such Work is not in accordance with by the Contractor, and by appropriate agreements, written the Contract Documents, the Contractor shall pay such costs where legally required for validity,shall require Subcontractors unless the condition was caused by the Owner or a separate to make payments to their Sub-subcontractors in similar contractor in which event the Owner shall be responsible for manner. payment of such costs. 12.2 CORRECTION OF WORK 11.3.9 If required in writing by a party in interest, the Owner 12,2,1 The Contractor shall promptly correct Work rejected as fiduciary shall, upon occurrence of an insured loss, give by the Architect or failing to conform to the requirements of bond for proper performance of the Owner's duties. The cost the Contract Documents, whether observed before or after of required bonds shall be charged against proceeds received as Substantial Completion and whether or not fabricated,installed fiduciary. The Owner shall deposit in a separate account pro- or completed. The Contractor shall bear costs of correcting ceeds so received, which the Owner shall distribute in accor- such rejected Work, including additional testing and inspec- dance with such agreement as the parties in interest may reach, tions and compensation for the Architect's services and or in accordance with an arbitration award in which case the expenses made necessary thereby. procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- 12.2.2 If, within one year after the date of Substantial Comple- aged property shall be covered by appropriate Change Order. tion of the Work or designated portion thereof,or after the date AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FO[RTEENTH EDITION AIAC'' •©198-THE AMERICAN INSTITUTE OF ARCHITECTS,1-35 NEW YORK AVENUE,N.W.,WASHINGTON,D.C_200()6 A201-1987 21 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty ARTICLE 13 required by the Contract Documents,any of the Work is found to be not in accordance with the requirements of the Contract MISCELLANEOUS PROVISIONS Documents, the Contractor shall correct it promptly after 13.1 GOVERNING LAW receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- where The Contract shall be governed by the law of the place tance of such condition. This period of one year shall be where the Project is located. extended with respect to portions of Work first performed after 13.2 SUCCESSORS AND ASSIGNS Substantial Completion by the period of time between Substan- 13.2.1 The Owner and Contractor respectively bind them- tial Completion and the actual performance of the Work. This selves, their partners, successors, assigns and legal representa- obligation under this Subparagraph 12.2.2 shall survive accep- tives to the other party hereto and to partners, successors, tance of the Work under the Contract and termination of the assigns and legal representatives of such other party in respect Contract. The Owner shall give such notice promptly after dis- to covenants,agreements and obligations contained in the Con- coyery of the condition. tract Documents. Neither party to the Contract shall assign the 12.2.3 The Contractor shall remove from the site portions of Contract as a whole without written consent of the other. If the Work which are not is accordance with the re requirements is either party attempts to make such an assignment without such q consent,that party shall nevertheless remain legally responsible of the Contract Documents and are neither corrected by the for all obligations under the Contract. Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work 13.3 WRITTEN NOTICE within a reasonable time, the Owner may correct it in accor- 13.3.1 Written notice shall be deemed to have been duly dance with Paragraph 2.4. If the Contractor does not proceed served if delivered in person to the individual or a member of with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect,the Owner the firm or entity el ve officer of the corporation for which was intended,or iff del may remove it and store the salvable materials or equipment at iveit red at or sent w registered or certified the Contractor's expense. If the Contractor does not pay costs mail to the last business address known to the party giving of such removal and storage within ten days after written notice. notice, the Owner may upon ten additional days' written 13.4 RIGHTS AND REMEDIES notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof,after deducting 13.4.1 Duties and obligations imposed by the Contract Docu- costs and damages that should have been borne by the Con- ments and rights and remedies available thereunder shall be in tractor,including compensation for the Architect's services and addition to and not a limitation of duties,obligations,rights and expenses made necessary thereby. If such proceeds of sale do remedies otherwise imposed or available by law. not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments 13.4.2 No action or failure to act by the Owner, Architect or then or thereafter due the Contractor are not sufficient to cover Contractor shall constitute a waiver of a right or duty afforded such amount, the Contractor shall pay the difference to the them under the Contract, nor shall such action or failure to act Owner. constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 1.2.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or 13.5 TESTS AND INSPECTIONS partially completed, of the Owner or Separate contractors caused by the Contractor's correction or removal of Work 13.5.1 Tests, inspections and approvals of portions of the which is not in accordance with the requirements of the Con- Work required by the Contract Documents or by laws, ordi- tract Documents. nances, rules,regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- wise provided, the Contractor shall make arrangements for strued to establish a period of limitation with respect to other such tests, inspections and approvals with an independent test- obligations which the Contractor might have under the Con- ing laboratory or entity acceptable to the Owner, or with the tract Documents. Establishment of the time period of one year appropriate public authority, and shall bear all related costs of as described in Subparagraph 12.2.2 relates only to the specific tests, inspections and approvals'The Contractor shall give the Obligation of the Contractor to correct the Work, and has no Architect timely notice of when and where tests and inspec- relationship to;he time within which the obligation to comply tions are to be made so the Architect may observe such proce- with the Contract Documents may be sought to be enforced, dures. The Owner shall bear costs of tests, inspections or nor to the time within which proceedings may be commenced approvals which do not become requirements until after bids to establish the Contractor's liability with respect to the Con- are received or negotiations concluded. tractor's obligations other than specifically to correct the Work. 13.5.2 If the Architect, Owner or public authorities having 12.3 ACCEPTANCE OF NONCONFORMING WORK jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- 12.3.4 If the Owner prefers to accept Work which is not in paragraph 13-5.1,the Architect will,upon written authorization accordance with the requirements of the Contract Documents, from the Owner,instruct the Contractor to make arrangements the Owner may do so instead of requiring its removal and cor- for such additional testing, inspection or approval by an entity rection, in which case the Contract Sum will be reduced as acceptable to the Owner, and the Contractor shall give timeh appropriate and equitable. Such adjustment shall be effected notice to the Architect of when and where tests and inspections whether or not final payment has been made. arc to be made so the Architect may observe such procedures. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION 22 A201-1987 AIA •©1987 THE AMERICAN INSTITUTE OFARCfiITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.loo1K, WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ' t • 0 • • The Owner shall bear such costs except as provided in Sub- ARTICLE 14 paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval TERMINATION OR SUSPENSION under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the OF THE CONTRACT portions of the Work to comply with requirements established 14.1 TERMINATION BY THE CONTRACTOR by the Contract Documents,the Contractor shall bear A costs made necessary by such failure including those of repeated 14.1.1 The Contractor may terminate the Contract if the Work procedures and compensation for the Architect's services and is stopped for a period of 30 days through no act or fault of the expenses. Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons performing portions 13.5.4 Required certificates of testing, inspection or approval of the Work under contract with the Contractor, for anv of the shall,unless otherwise required by the Contract Documents,be following reasons: secured by the Contractor and promptly delivered to the 1 issuance of an order of a court or other public author- Architect. ity having jurisdiction; 13.5.5 If the Architect is to observe tests, inspections or .2 an act of government,such as a declaration of national approvals required by the Contract Documents, the Architect emergency, making material unavailable; will do so promptly and,where practicable,at the normal place .3 because the Architect has not issued a Certificate for of testing. Payment and has not notified the Contractor of the reason for withholding certification as provided in 13.5.6 Tests or inspections conducted pursuant to the Con- Subparagraph 9.4.1, or because the Owner has not tract Documents shall be made promptly to avoid unreasonable made payment on a Certificate for Payment within delay in the Work. the time stated in the Contract Documents; .4 if repeated suspensions,delays or interruptions by the 13.6 INTEREST Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- 13.6.1 Payments due and unpaid under the Contract Docu- ber of days scheduled for completion, or 120 days in ments shall bear interest from the date payment is due at such any 365-day period, whichever is less; or rate as the parties may agree upon in writing or,in the absence .5 the Owner has failed to furnish to the Contractor thereof,at the legal rate prevailing from time to time at the place promptly, upon the Contractor's request, reasonable where the Project is located. evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor mav, 13.7 COMMENCEMENT OF STATUTORY upon seven additional days' written notice to the Owner and LIMITATION PERIOD Architect, terminate the Contract and recover from the Owner 13.7.1 As between the Owner and Contractor: payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment .1 Before Substantial Completion.As to acts or failures and machinery, including reasonable overhead, profit and to act occurring prior to the relevant date of Substan- damages. tial Completion, any applicable statute of limitations 14.1.3 If the Work is stopped for a period of 60 days through shall commence to run and any alleged cause of action no act or fault of the Contractor or a Subcontractor or their shall be deemed to have accrued in any and all events agents or employees or any other persons performing portions not later than such date of Substantial Completion; of the Work under contract with the Contractor because the .2 Between Substantial Completion and Final Certifi- Owner has persistently failed to fulfill the Owner's obligations Cate for Payment. As to acts or failures to act occur- under the Contract Documents with respect to matters impor- ring subsequent to the relevant date of Substantial tant to the progress of the Work, the Contractor may, upon Completion and prior to issuance of the final Certifi- seven additional days' written notice to the Owner and the cate for Payment,any applicable statute of limitations Architect, terminate the Contract and recover from the Owner shall commence to run and any alleged cause of as provided in Subparagraph 14.1.2. action shall be deemed to have accrued in any and all 14.2 TERMINATION BY THE OWNER FOR CAUSE events not later than the date of issuance of the final 14.2.1 The Owner may terminate the Contract if the Certificate for Payment; and Contractor. .3 After Final Certificate for Payment. As to acts or .1 persistently or repeatedly refuses or fails to supply failures to act occurring after the relevant date of issu- enough properly skilled workers or proper materials; ance of the final Certificate for Payment, any appli- .2 fails to make payment to Subcontractors for materials cable statute of limitations shall commence to run and or labor in accordance with the respective agreements any alleged cause of action shall be deemed to have between the Contractor and the Subcontractors: accrued in any and all events not later than the(late of .3 persistently disregards laws, ordinances,or rules, reg- any act or failure to act by the Contractor pursuant to ulations or Girders of a public authority having juris- any warranty provided under Paragraph 3.5, the date diction; or of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2,or the .4 otherwise is guilty of substantial breach of a provision date of actual commission of anv other act or failure of the Contract Documents. to perform any duty or obligation by the Contractor 14.2.2 When anv of the above reasons exist,the Owner, upon or Owner, whichever occurs last. certification by the Architect that sufficient cause exists to jus- AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION•FOURTEENTH EDITION AIA` •U 1987 THE AMERICAN INSTITUTE OF ARCHITECTS,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 Owner. The amount to be paid Io the Contractor or Owner,as remedies of the Owner and after giving the Contractor and the the case may be,shall be certified by the Architect,upon appli- Contractor's surety, if any, seven days' written notice, termi- cation, and this obligation for payment shall survive termina- nate employment of the Contractor and may, subject to any tion of the Contract. prior rights of the surety: .1 take possession of the site and of all materials, equip- 14.3 SUSPENSION THE OWNER ment,tools,and construction equipment and machin- ery CONVENIENCE CE thereon owned by the Contractor; 14.3.1 The Owner may,without cause,order the Contractor in writing to suspend, delay or interrupt the Work in whole or in .2 accept assignment of subcontracts pursuant to Para- part for such period of time as the Owner may determine. graph 5.4; and .3 finish the Work by whatever reasonable method the 14.3.2 An adjustment shall be made for increases in the cost of Owner may deem expedient. performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- 14.2.3 When the Owner terminates the Contract for one of the tion. No adjustment shall be made to the extent: reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is .1 that performance is, was or would have been so sus- finished. pended, delayed or interrupted by another cause for which the Contractor is responsible; or 14.2.4 If the unpaid balance of the Contract Sum exceeds costs2 that an equitable adjustment is made or denied under of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such another provision of this Contract. excess shall be paid to the Contractor. If such costs exceed the 14.3.3 Adjustments made in the cost of performance may have unpaid balance, the Contractor shall pay the difference to the a mutually agreed fixed or percentage fee. AIA DOCUMENT A201 •GENERAL CONDITIONS OF THF.CONTRACT FOR CONSTRUCTION• FOURTEENTH EDITION 24 A201-1987 AIA •O 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEXX'YORK AVENUE,NAX ,XX'ASHINGTON.D.C.2(1()(g, WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 3/87 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or 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 Principal and the Principal shall enter into a Contract with the Obli8ee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) (Title) ^?,: !U l ) i,3inai AIA ('ocur ;�t .,, c7 �as this caution 7rinted in rid. w.,n c r�tt G;;gInai z,SSures ziai ;1',L'S kYi91 t,Ji Ce obscured >n—,-1y uccur when(7ocuments are reproGl,^ar• AIA DOCUMENT A310. BfBID BOND•AIA®• FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly.bound unto (Here insert full name and address or legal title 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 19 , entered into a contract with Owner for (Here insert full name, address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA DRi FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON, D. C. 20006 WARNING: Unlicensed photocopying violates U.S.trademark laws and is subject to legal prosecution. • • 0 • 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 defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price; to be in default under the Contract, the Owner having but not exceeding, including other costs and damages performed Owner's obligations thereunder, the Surety for which the Surety may be liable hereunder, the amount may promptly remedy the default, or shall promptly set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less 2) Obtain a bid or bids for completing the Contract in the amount properly paid by Owner to Contractor. accordance with its terms and conditions, and upon de- Any suit under this bond must be instituted before termination by Surety of the lowest responsible bidder, the expiration of two (2) years from the date on which or, if the Owner elects, upon determination by the final payment under the Contract falls due. Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. Signed and sealed this day of 19 s Pnnopal) Seali (Witness) Title) (Strrety) (seal) (Witneso r Title) XIIIIIIIIIIIIIIIIII CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D. C-20006 ,2 WARNING: Unlicensed photocopying violates U.S.trademark laws and is subject to legal prosecution. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal tale of Contractor) as Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of (Here insert a sum equal to at least one-half of the contract price) Dollars ($ for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 entered into a contract with Owner for (Here insert full name,address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • A!A O" FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE., N.W.,WASHINGTON, D. C. 20006 . 3 WARNING: Unlicensed photocopying violates U.S.trademark laws and is subject to legal prosecution. LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBI IGATION Is Such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject,however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified mail, postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law. claimant, and have execution thereon. The Owner shall c) Other than not be liable for the payment of any costs or expenses .n a state court of competent jurisdiction of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the by any claimant: district in which the Project, or any part thereof, is sit- uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following: the Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this day of 19 (Principal) (Seal) (Witness) (Title) (Surely) (seal) (Wilness) (Tille) CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAE PAYMENT BOND • AIA O A FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,171S N Y.AVE., N.W.,WASHINGTON,D. C. 2(1()06 4 WARNING: Unlicensed photocopying violates U.S.trademark laws and is subject to legal prosecution. GENERAL RELEASE (To Be Submitted With Requisition For Final Payment) KNOW ALL MEN B; THESE PRESENTS, that (Contractor) for and in considerat_on of the sum of lawful mone;7 of the Un_ted States of America, to it in hand paid by: (Ow-ner/Contracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, and forever discharge the said (Owner/Contracting Agency) and its sucessors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents,estents, executions, claims and demands whatsoever in law and equity, which against the said (Owner/Contracting Agency) and Mr. James Bunchuck now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the const- ruction, in accordance with contract entered into between parties hereto, dated , ninteen hundred and nint-7 and any a' 'ttance or supplements thereto. LN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and. its corperated-seal to .be hereto aff iYed and duly attested by its this day of 19 Attest: Principal, H-1 PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for METAL DUMP CLEAN UP & RESTORATION at FISHERS ISLAND FERRY DISTRICT METAL DUMP FISHERS ISLAND NEW YORK NOTE: NEW YORK STATE DEPARTMENT OF LABOR RATES APPLY TO THIS PROJECT. CONTACT THE NEW YORK STATE DEPARTMENT OF LABOR FOR THE CURRENT PREVAILING RATE SCHEDULE. J-1 CCMPLIANCE WITH. THE LABOR LA`',/ ANO CTHE.R DEPARTMENT OF LA9CR REGUL4TiCIN S A. Sir i E R EG7U"1-4 T iC N S 1 . The Ccntrcc!cr s;.cil ccrsnaly with ez emended, of the Stcte a. NeN Y,: T^is Czr.trac! zrcis ce va;d ur.;ecs epplic_ole se_ticrs of said Lcccr Law ars cc. cli?c wit, 2• Each and every prow;s;en of law c:-d clause recu irec by law to be pert of this Ccntrec' shell be deemed to be included herein and this Contrac' sh ail be rid end enforced as theuen it were included herein, and, if t'-.rave 'mere eice er otherwise any such prevision is net ;r:cl�ded, than cn f� e either party hereto the C !- s ^p ccp(icc!icr. cF cn ncli forthwith be p..ysic=iiy cm ended 'c such inclusicn. SpeciFicclly, Sec!icn 2=0-e, eF the Labor Lcw, as so c-ner+ded, preh;cits in ccntrccts, d;scr;m;nct;cn on account of races tree^ -, _, calci, or nc.;,.rel cr;c'h in ernplcyment of citizens upon public worsts. There may be deduc!ed From the cmcunt payable to the Ccntrac'cr by the OV.:Zer under this Ccntrcct a penalty of five (S5.CC) dcllcrs for ecce perscn For ecce ealendcr day during which sue,_. pe;:cn was disci;rnircted cc-;nst or intimidate-1 in violation of Se:!;en 220-e.; provided, that fcr a secand or cny subsecuent Vic,.lef;en of the provisiens•of said perccreph, this Contract may be ccncslled or terminated by the Owner and oil monies due or to became due hereunder may be forfeited. 8• FEDER �L REGULAT ION S Z • Ci:RTiFiCATICN CF ACI LIT[CES By the submission of this b;d, the b;doer, eFFerer, eppl;c=nt, or su�contrcc'ar certifies that he docs not me;ntcin or provide for his empicyee, cny se:re_„ted facilities of any of his estcbl;shments, end.thct he does not permit his e.mzlcve= to perfam their services of or.), where secrecet ', location, under his con facilities ore maintained. -He certifies further that he will not mcintcin or provide for his employees on secrecated Feeilities at any of his establishments, and that he will not permit his employees to perform their services of cny location, under this centro(, where segrcccted facilities cre maintained. The bidder, offeror, appl;ccnt, or subcontractor agrees that a brecc5 of th 13 certification is a violation of the E:;ual Opportunity clause in this ccnfroc! As used.;n this certification, the term "segrected facilit;es" means any _ waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storace or dress.ing cress r : K-1 time clocks, locket roams and other storage or dress;ng cress, perking Icrs, drinking fcuntcins, re::ecticn or enIcIteinrrnent grecs, traMpartCt;an, arld housing Facilities provided For ero.leets which are se:re_cte-? by explicit v directive or are in fact secreccted an the basis of rcc ccicr, c- national cricin, because of habit, local custom; or ether.•+ise. He further carets that (excect where he has obtcinea identic=l c=-,i;c=tiens frcn prcccse= sub-cc-:trcctorr Far specific time per"reds) he will .,btcin identicc! eert;f;c=.,tens frcn =rc=cse= subs=nkrcctcrs prior to the avcra of subccntracts exc_e_;nc S10,CCC whica cr_ nct exernct frcm t;,e ovisicn: cf the --,;ci Oppertunity c!cuse; the' he will re.air• sues cc.riFc=bens in his File--; and thct he will fcr•Hcr., the feiicwir.c notice to sues: arc=e:e_ sul_c=ntrcc'cr (excect where the prcccsed subccnt:gcters hc•.e submittC'c ;centicai certifications for s-cec;;sc time pe:-;ods): • 2. Nd7lC= TO =RCSFIEC.TIVE SU�_CCNT;,;CTORS CF ? =CU1=:'YlcN- FC" CS;-i;IC.=.TiCNS CF NCN SPGR-: i -_ -� =- A ce-of;gegen of Ncnse:rec=ted Facilities must be subr•:ittec prig: to 1F.e award of c subccn'rac' excee:ine $I0,CC0 whic'm is net exempt from tMe previsions of the E_crcl Occcrtunity excuse. Tne certi:iccticn may be sucnit'ed either far each subczntrce or for oil subc=nrrccts during c period (i.e., cucrterly, semicnnucIly, or cnnucily), y NOTE: Tne pc-salty for mckinc false statements in offers is crest:ioec in 12 U.S.C. ]Col . "Curing the perfermcnce of this ccritract, toe _ ^ctrcctcr ccrees cs fellows- . '� ' (1) The ccntrector will not discriminate against any emplcvee or applicant for employment because of race, creed, color, or ncticncl origin. The contractor will take cffir..:ctive action to ensure that ecpi;cants ere e.-claye_, and that employees ore treated during emoleyment, without re_c=rd to their race, gree:, color, or ncticncl cricin. Such cc'icn shall include, but not be limite_ to, the following: empicyment, upercdine, demotion cr trcnsfer; roc-uitment or recta;tment cdver';sir•c; lcycFf or terrn;ret;cr; rates OF ;c-, or other fcr7ns e; eempenseticn; and selection for traininc, including ci=crenticesnic. The eor.tracter agrees to pest in cersp;cucu: places, available to emcicyee: 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'cil solicitations or advertisements for employees placed by or on behalf of the contractor, state that ell cuel;fied applicants , witl receive considerct;en for employment without retard 'o race, tree-t color, or nctionol origin. (2) The ccntrector will send to each Icbor union or representctive of workers with which Ke hes a eojlective berge;n;ng agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the Icbor union or workers' representative of the ccntractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shell post copies of the notice in conspicuous places available to employees and oppliconts for employrricnt. s. _ �:'sum=xx,<•�. (-) The eontrccter will ec-cly w;th all previsions of c"xe_vtive C-rear No. 112.5 of September 24, 1965, end of the rules, and re:ulcticns, enc relevant orae Of the Se_retcr;, of Lcbcr. The ccntrcc!cr will Furnish oil ;nfcrmction and reccrt: recuirec by Executive Crder No. 11246 of Seote, 24 c '- -er 1 c.., enc ..y the rule:, recvicticr.s and crcers of the Sec-e!cry cf Lc_� �c � cr, Cr pu-:uart tnerefc, and will per.:,': .. t� e _ his ccK:, r-dere:, enc ecccunts 1-Yy t ,e rt-cc`jnc ecncy cnc the Sec-e -, of Lcbcr ' purrese; c fc. •- _- -. r invest'_-ticn 1c cscc. ,cin cc.-c17cnce with suc:: r' re_UiCtj�r.S, enc CtCC^;. in the event of the ccntrecter's'ncnce.-�Ijcnce with the ncncjscrimirnctic elcuses Cf this ecntrcct er w;th,eny of such rules, reculctiens, cr order:, this cer.trcct rrcy b.e c_nceled, terminctec, cr suspended in whole or in pert c,-,d the ccn!rcc!cr rcy be ce_?crec cr ine!icible f f h cpntrcct: in _ ur•. e- Cover..-rent ecc_-rdcnce with procedures cut'-cri-_c in Executive Crcer No. 11245 of Sectellber 24, 1 CAcrc such et;.er scnct;ens mcy be ;Hees--- and rem.ed;e: invoke"' e: creviced in Executive Cr-- No. 11-46 24, 5, or by ruse reculc,,•.en `r -'-6 of Sete^ger 196 or crc�. cf the Secr.e!cry of Lcper, cr es -the.^,vise provided by�lcw. (�) The centrcc!cr will inc!uce the provisions of i-crccrcchs (1) through (� in every _ suocpntrcct or purczcse order unless exempte,-, by rules, reculct ' cr erde.- of the Sec:etcry of Lebcr issued pursucnt to Secticn 2C4 c . 'ens, Executive Crde.- No. 11246 of Secte:nber 24, 1945, so Chet soca provisicrs wjl•1 oe binding upon edea subccntrectcr or vender. The cpntroctor will take such action with respect tiny subcontract or purc-cse order es the contracting agency racy direct as a means of enforcing suca provisions, including sene!ions for nenccr.:plicnce; Previced, however, that in the event the ccr.trectcr becomes invc►ved in, cr is thre:renec with, J;tiectjcn With a subcpntrcc!cr or vender as a result of such direction by the ccr.trcc!;r.c accncy, the ccntrector mc•, recue:t the United ctctes to e. ' - �,er into zuc:, liticcticn to protest the interests of the Ur,I ea S:cte:. " 2. FEDEPAL PRCCURE'vSENT R_GULAii.Ct`IS EC AL CFrr'R TUIN 17Y IN 1-12.805-4 Reports end Other Recuired information (c) Requ;rements for prime contractors and subccntrcctcrs. (1) E--ch acarid), shall require edea prime ccntrccter and each prime ccntrccter and subcontractor :hell cause its subcontractors to file arnnuclly, 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 Frdmulgeted in its place, *if such prime eontrcctor or subcontractor (i) is not exempt from the provisions of this Subpart 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; �i, 'is a prime contractor or first-tier CIU) subcontractor, and (iv) has a contract, sub-cL,ntrect, or purc4ase orcer amounting to S50,CC0 or more, or serves as a depository of Gevernmert funds in any c.-aunt, or is c f;ncncicl ;nst;tut;c:f whic5 is cn issuing ' scv;nc: bcr.d: enc sevinc; Hetes; and pcyirc cce-t for U.�. Provide be!cw the first tier '+�h;ci Thc. ...•y subc:ntrectcr pertcrrn: c:nst,-ucticn wcrx at tie site cf cost;,jct;cr% shell be re--vi,-ec re_uire.ments in to file suc� a re==.-.* if it meets t= SL' iv�SiCnS (i) (i i), and (;v) p e (=) Ecco person recuired t- sub•-cr reports SI-CII file such ccrcch (1) or this rcrc_rcpn to susrnit c reacrt with the contrec.,nc or car- ;niste- Inc ccency with;n 10 days crte•- the award to nim . subr_ntrcct, .unless such pe:'scr, s su^ t. of c cor..r�c. a. has -.mi e= suc� c 1Z months ire=e_inc the -•e repert witr•;n d• ._ cr the cI"crd. Sucse--••ent re^arts s:c!i be suc.-nitteo cn-uclly in cn ` t ;s ac==rd ce with of ^` Fora."a=��, or at such other int as the c cc ..ph Dire_ cr may recuirA Th intervals cc or the e agency, with the c:orovc r.. ! of tie C;rectc:, cy extend the time for f;lirc- any repert. (�) The Directcr, t:.e ecercv, may re-- o prime or the cprlicort, on their own mct;crs, _u;r_ c p cor.trc.c r to keep employment Cr other recarc; end to furnish in the. form recuested, within re_scncbie limits, suc:, ir,fcrr;cticn as the Directcr, ecency, or the cp�liccnt deems necessary for toe ccministration of the Omer, (�) The failure to File timely, *complete, and cccure!e repert:, as re- ui cred, canst;tutes noncatrplicnce with the prime can tractor's or subcantracter's oblicctiens under the e_uel Cercrtun;ty clause and is a around fcr the impcs;ticn by the ecency, the Cirectcr, on applicant, prime contractor or subcontractor, of c scn '' cut5or;zed b the Y c �cr.: Y Order and the re_u}cticns in t-;s subccr-, such Failure shall be '�^Y re;,crted in writing to the Direct;,•- by tie cc-Hcy cn as pro _ _ c; se ctico_le cites it ccc rr:. and Ct er Reeuired 1n.'crr-c,!cn b• Re.qu;remerts for bidders or prospective contractors. (1) Each ecency shall require each bidder prospective prime conte- end proposed subcontractor, where a r„cr;cte, to state !n the otos r at the FF ", a bid or cut:ct of ncccticticns for the car.trcct whether iT has parti_ e;Fcted in any previous contract or subcontract subjezt to the Equcl Opportunity clause; and, if so, whether it hes filed with the Joint Reporting Committee, the Director, on agency, or the fomer President's Comrpittce on Equal Errtploymcnt Opportunity, oil reports due under the applicable filing requirements. The statement shall be i•n the form of a representation by the bidder or offeror•sub— stantiaily as follows; . •'.\Y r.a. ._. .� Sys ._—_ ..—• .u•I "T:•sc b;cCer (cr of(eror) rccrc:cnts thct he ( ) bat, ( ) hes nct, Pcrticicatec in c Pr evicus ecntrcc! ..r sub_=n.rcc, subject to the E=vcl C,_crtunity c!cus_ herein, a. the cicu;c cricincl!y c=h- tcinec in secticn 301 of tx-C;.rtive Crder No, 10S:5, or the c.cuss c=ntciner: in secticn ZOl of Executive. Cr-er No. 11114; tLct he ( ) hcs, ( )hes not, -filed til r_•-uire_ ca. aiic rs^arts; an-, teat rePres:ntc!icr.s indic=�inc submissicn of re:jire--: car Piicr.c- -re-cr`- sicrec by P--_died su'nc_ntrec`crs will ae eined prier to cub .� . eantrac! e•Ncrc.. " (i e c:„ve r�^:e:_r ..... ... r.ee= r.at be �` _ -- suc-i,.e^ in ecnne_`icn wit." ccnfrcct: or subca-.._c.. wi^ic': are ch _ c .,iccer :er fci i� `o exea�'_ t;-_ re •enter. t cmissicn shell be c=hike. edc m,ror infc.�:nciity end •h_ c^� b;ccer or eFcercr shcil be per-ittec to sctisFy the recvirernent pri;;r tc ewer_' (=) In any case in wn'ich e bid,._. or pr_ --.ive ;rte ea....a_`c. pr:__z__ S �c�nt:a�!Or, whip _ :tic �'ec in C , evic,:S c:-..cr y or :u-ccM."mct Si.Ct__t to Executive C'ra_rs Nc. 1072-5, 1 ' hc_ - r. . flied c report cue u --:- the -=iia=P(efi , 1 i - ..recuire..._nts, nc cantrcct or subc=ntrcct s;al! aw =e^ es such eantraecr suc--itz a revert c-verinc t..e celinevert period or such other pericc specified by the acency _, the cirectc . A bidder or pr:sp-cave prime ccntractc, or prc_cse: subccnt,-c-t_- shell be reauired to submit suc'- infer-ctior. cs the ccency or the , Girectcr re^uests Prior to the _ or subccntr _ -; ewer^ of ,..e carst:a_ ac► When c deter-inctien hcs been mcce to awcra t. t,-_-t _ .e con ^_ or su cantrcct to c specific ccntrcc!cr, such c=ntr,.dto. s:.c(1 be'reduire^ .. -, prier to cwcrd, er after the cwerc, or bath, to furnish such other informlicn cs the ccency, the epplic=nt, or the Girectar reduests. (c) Use.of Reports. Reccr!s file= Pursuant to this 1-i:,c35 ' s."ell c; in car.ne_'i with the cdmir.istraticn of the C•rce the Civil t c �i - ..s r,c cf 1 a� cr in fur.4. e.-crit: of Nne pur, eses of the Crcer and (d) Accu;siticn of Repert Fc.--s. Slcn&rd Form 700 is cvcilcble in ell GSA supply depots. Copies of the Farm may be obtained From GSA throuch the ecntrcctinc or edrhinisterinc ceeney. The stock number For the form is es folloyvs: Stcndcrd Form No. Sloc!c Number Title 100 7540-r-6-2049 Equal emplo merit opportunity PPcrtunity employer informction report. K-5 ._.;....-.. :r�r� rte. �...... �.. .._-. r. - ..Yrs-.rr _.•' r�.- _ rr ... - � -..... ._-. �..._ 1-12.E05,4 PRCCUP EME"',1 i STAN D;,,�DS A_ All Contracts and Suberant: for cpnstructicn er repair shall inc!uce c prcvision fcr ecn-plicn ' ' " ce wi,.n ,-e Ccpe�cnd r,nti- Kic:c Beck" Act (1g,Lj,S.C. E74) as sup=!emente-i in Ce-zcrt.-ent of Labcr Re_uleticns (24 C=R, Pert 3), This Act ^ravices that eac.� Cant.—,or or Su bcr shall be p.•ci-ibit ante_ ea from inducir.c, by on, mean:, any per:gin er. cicyea in the ecmpleticn, cr repair OF =ubiic w crK, to cine uc any cast cF the c=. , ensct;cn to whip-- he is et=-- vise _n: nc - '' - it:e_. Tie Granted shall report all suscected or re=creed vicicticns to the Grcntcr Agency, B. Where applicable, all Contracts ewe:dec by Grantee: and Sub- grantee: in excess of S--,,C-CC for ecn:tructicrt cent,-acts cnc in ex-1_:s of S2,5CC for cther cpr;trccts •+manic:- involve the en- picynent of necncnics or laborers shall include a prcvi:ion for conpiicnce with Sections 103 and 107 of the Cc-t,,-act Wcrk Hours and Safety Stcnda-as Act (=0 U.S.C. 327-33C) as surclerne-tea by De^art-e^t of Labor Reculcticns (2� Part 5). Unger Section 1G3 or' toe Act, eac:- Ccntrcctor shall be recuire= to c_mcute the wages or every mechanic and laborer on the basis of c standard work day of c hours and c - stcnderd wcr; week of 40 recurs. World in exc:ss of the stcr.dcra wcricdcy or wcrk•Neek is permissible provided that the worker is ccnpenseted of a rate cF not less than 1-1/2 times the basic rate of pay for all hours worked in excess of c hours in any calendar day or 40 hours in the work week. Section 107 of the Act is applicab'ie to ccnstruction worst and provides that. no Icbcrer or necmcn;c shall be required to work in surrcundinc: er uncer working ccnditicns which ore unsanitary, hazardous, or dancercu: to his health and safety ct deter- inec under ccrstruction, safety, and health standard: prcrrulcctec by the Se'c;atcry OF Labcr. These recuire..ments da nct acply to the purcncses of supplies or materials crerticle: -crcinerily available on the open mcr-<et, or c=m'--cc's for t:cn:ccrtctien or tech:mission of intelligence. C. Each Contract of ori amount in excess of S2,5C0 awarded by a Grantee or Subgrantee shell provide that the recipient will ccmoly with applicable reculctiens and standards of the Ccs" Living Council in establishing wanes and prices. The provision shall cavi:c the rccipicnt that submission of c Bid or offer or the submittal of on invoice or voucher for property, goods, or services furnished under a cmntrcct or acreement with the Grantee shall cpn:titute a certification by him that amounts to be paid - do not exceed meximum allowable levels authorized by the Cost of Living Council regulations or standards. Violvtions shall be reported to the Grantor Agency and the local Internal Revenue Scrvicc field affice.. • �• Contrcctscnd Subnrcnt; or shall ccrtc; •daunts in CXC::s cf S1CO,CC Contain a prcv;s;Cr. w ch r acre- to camel with all n� e= ares the re�:pier! to reculeti Y c`-(ic_-Ie stc-dcrds, orders, cr ens issued pursuant to the Cleo- ;, Viofct;cns Sr- ;r Act of 1970- all be re^cr: Re:iecl OF.— , o _ e_ to the Grantor Agency and the ..nrnen ^:ecticr- Acs CtS E• Cy^C.=icrsswrficn wiC ^'StUC.. g^r:rC_• :gl r;Cvi:iCr.s Cr Or fecal renege_ in l cw cr ccn,r,,...,,;ive, br_CC- ccn:rgc::'' ,r_ -Cv u'ner- .C.... C.Cr. viCiC-a Cr , IS, cna pencltics cs may be cocr `:vide fc,- loci son ..nd ccr;c e. • F• •"..11 contra +- ' she I! ecntcin suitco(ets far wnich are in exgecs OF S2,5C-c" grantee ;nclue:-;c the CCrvis;c�V for ter-inc-ion cy the' and :he psis for settle_ , wr,ich it will be e':�cted s;:cll descr;�e c=r.di:icnscur. In ccci:;c-, such con:r�c`. ter.. tv der wn,c� the a=nt - • me :,or de:cult as well cs - . r y a ccntract r.. b conc,r;or.: where the cy e ter:r ire:e� the contra! h =eg=use c� _ c; the con::..c'or. G• fn c11 contracts Icr ••-• con_., :c. ion cr F- ...:. ewcrded in -"' improve-est ex___, of -iGC,CCC rcpt o. banding recvire-tent e_. s .all c;;serve the - .s provide in A++ C;rcufar, cc-r e-t B to this 1'- All contracts cnG;;ubcrcnts in excel clude provis;ons for cc.-pl;cnce with of SIO:CGO shall in- 112:6, entitled Execu,ive Order No. , "Equal E.-cloyment Q supple-nented in Ceccrt:• Fpertunity, 11 es gent of Labor Recu'Ict icns (41 Fcrt 60). Each C=.3'contractor ' or succrcntee wall be recurred to hC`Je en c" rmcC ive cc:icn 7Cn Wh ' p ion declares that it net d;ser;r..;nate en the bests cF rccv does ncticncl Cr;c;n sex and , Ccfcr, relicicn, cce an arae_ tercet does to cssurc the d wh;C., sj-ecif;e; cocis end cyan{eP shcr( 'r''plenentcticr. cf tl ct ;:cr.. The vire.. es•�'fish preceaures to assure cor..pficn this rea A-ricnt „ cons ce with Y cc.cr: or suocrontees and to cssurc that suspected or reported violct;ons crc promptly investicoted . _ K-7 CCMPLIANCE WITH FROVISIC.NSOF TrE U&SCR L-,W Pursuant to Article 8 of the Lal-cr Lew, the cantrcc.cr s et.,ent;cn is cirecled to the following recuirements: 1 • Section 22!Q.2 whic:i requires c sti=ulcticn that no 1c,-orer; werkr-en or rne_*-chic in the ernpicy of the ccntrcctcr, subc=ntrcc!pr or ether perscn define or c=nr-a`!- inc to do the wncle or e part cf the wcr;% c��te-picte: t:y the car :rbc: s::cil �,e Permitted or recuired to work rr.cre titan a;cit !- r curs in env one c: endcr de. - rnore tncn five ays in =ny one week ext -- L-v __ fir, t,h a ener_encies se! fcr:h in the cr L=w. �. Seclicn 2.0.3 wn;c4 requires e pr=v;sien.that etch I apace-, wcrti.-c:z or rnec::c'—. e::•�p Icv ' ' ec by "he c=ntrc!or, subc_-ntrccicr or Other perscr. about or upon suci public work, shell be paid net less than the preve;l;nc rate df weces enc: s'-Cll • be provide= supclements not less•thcn the prevc;ling supplements cs deters;r.ed by the f;scCl cr"ice . • Seclicn 227C.3- also recv re: tSCt :r.e c=ntrC`!Gr and every SubC=ntrCClpr on r public werxs c=ntr=c% src(l pcsl in a pr=rniner:: and accessible place on the site o. the work c lec;ale stcternent of all wage rates and supplements es specif;e_ in the cent,-cal to be Acid Cr prcv;dad, as the case rncv be, ter the various classes Cr mec...cn;cs, wcrlcinc.^en, or fcbcrers enplcyed on t,5e work. 4. Section 220.3-e provides thea apprentices will be perrr.;tted to work es suci only whe^ they ore recistered, individually, under a bang fide grogram recistered with the New York State Deccrtment of Labor. The clleweb(e ratio of apprentices to journeymen in cny craft cic:s;f;c=tion shall not be crr_-ter than the ratio permitted to the contractor cs to h;s wo x force on any job under the recistered program. Any employee I;s:ed en a payroll ct an apprentice wage rate, who is not registered as above, shall be paid the wase rete detcrrnined by the New Ycrk State Department of Labor for the alas;f;c=!;en of work he actually cerioc-:ed, The c�trocter or subcontractor will be recuired to furnish written evidence or- the re=;str=tion of his procrcrn and cperentiees as well as of the C=crc=ricte rct;Cs and wage rates, for the ere: of ccr.struc:icn prior to using any crpren'iG_ on the ccntrccl work. 5• Sect;an 220-e wn;ch re_uires provis;cns by wn;ci toe c=n:rccl=r with the Stcte or municipality ceree•: (a) That in the h;ring of employees for the perforncnce of work under this ecntracl or any subcbntrcc. hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shell by reason of rete, creta, color or nct;oncl aric;n (i;scr;mincte against any cit;-en Of the State of New York who is qualified and available to perforr. the work to wh;eh the cmploymcnt relates; (b) That no contractor, subccntracter, nor any perscn on his behalf shall, in any manner, discriminate against or intimidate cny employee hired for the performance of work under this contract on account of race, creed, eaior or national or,gin. (Your ottention is directed to the provisions of the State Low against Discrimination which else prohibit discrimination *in employment because of age); _ ..... _ ... .. ...,._ ... :d:.:vw .tr.« .... i.{_ :-�^- .«.. h.F• �:w r..,.kw.�.i.`i,,+!. :y _ -^ .. (C + ) Inc. there may be deducted Fran the cmcur.t Peycbie ;a ;he ccntrcc:.:r by the Sieve or municicciity unser this cantrcc: a _pe-cl;y of five c-Ila; far mac; c_!endCr day during whit; v in viCle:i f _ sus. c,scr,r- rncte: c_ ir.�t or cr c ,he avrs,cns -1 ;b _�... cnd cIl n_neys cu_ or +C ' cec__. d;;^_ 'fir^_;;r.;:c- r..c•� ce . se;=nc Cr any subse_t..ent vialet of t=e ezntrcet. Cr e�rdiriC... of thi: se_'ie•. 6 • T ne cfcrescid Crovisicns of Sec:'cn 22C of the State "Crwn;c� ccverS every ccntrcc.. :or Cr _.. Crcr rrur.ic;ceiiry , the mcIufCcture, scfe or districur cte'icis, ecuij:rnent Cr susc! ies si,c(I �e lini:ed car a on ci e -• i'c.ic( lini.� of tom_ S;Ct_ or Ne.v c c^ cr.s p 7. ce:•ron 2-:71 whit:: recuires ;4ct ors:ter^ cf theS`ete cf New Yc 'lo'ice in e^-alC;.nent snCfl ae ci•.en to rant:.� ir...- ediCt !y ^� wr.0 ve been residents far e: less: six cCnsec%;.,iv• e Pricr tot a Cz.-:-encer-ent th cit - of ,herr arc?cyr,ent ;^ct per--c n: cn ._en_ cf the SrC+e of New Ycr'x rnc- be err ed r _n. c:e not cvc?Icb!e `cr t?-Ct Y Ploy wnen suc- if ,ne re�;,rer-eats of ;i e"ce in em�le anent ;c c,t'-ens of t: ,- ^e State of New York the c=r`-cc: shc?I be void. ave net ccr..pliec E' Secticr. 222--c. wnicn recuires tact if in the c:r.s rUcticr. of the Public wc.-k c . harmful cost hc.crd is c:e_tec far which C=plicnces or rnethcds far the e(inir.Ct- Han of hcrr;iful d;st hccerd is crested for which caplicnces or methods for the eli.^ incticn of hcrr-fol dos; have men c-•croved by the 8ccrd of Stendera Accec!s, suc^r c=:rlicnces Cr methods She!I be ins.-clic- • Z�:e_ Y � and rr:cirt inea c, _ ^.`ive! CPc--Vc_d by i e c=n,rcctcr; a..-.d t'-C!' if the prcvisicns of Sec.+ic. s ccr.c_.nir.c rc:.,.fu dos: hcc_,;;s ore ct - snail n ccncfied wit.,, ;he ccnr:cct . C . .S.', RUIr'S.�tSNTS Every State car t:cc:ir,c agency, ?, dir.c Pu' ;: :r_ !, C cu ,orities rnus: ir. ! F Cg:-C=..s (c) .hrouc^ (c)vef the StCndC c: c use in ecc.� ca-trcct rc .0 Ccntrcct c?cu _: on Se-t 'e ses renuic•_.e- ;he erne: r e-rcer 17 63 cnd cnended Ncvernber IA C r Y Gc . Lebcr e!essifications not c earine en the eccan- with the cansent Pp rcnyinh schedule of wc-es can be used only OF the department of jurisdiction and then the rete to be Acid will be riven by the deper;ment of jurisdiction cf!e: beim advised the New + Lcacr, S �Y Yor State Department of The cCrtrector Snell melee such prcvisicn for dlsebility be., workmen's cc.-Pe-ssetien uncmP' r yme:;t insurencc, social security and safety code provisions as ore rewired b law,. Y K-9 Gene-c!• R(•r:Ulc!icn Nc 1 CS i rzu • thce eecn ccn;rcC; c=n!c.... C cries S IS e-o: v F erc.c rcr eve-y cc,.!rc -c =- c:-C. =e: Ncen ,ne In t� is CCnlrC`+ S;Cii _.:; =. si C:..!- • - in _ _ =r .L WniC^ � �-UCIIG WCf'< __:`'.-_ _ .•'G. � ... ..IS _GtC_.iS.:.^.n--:S ... .. ... C.1 .'.�C` C_ 'f-issi_n Far =crnGn RiG-•:-ir. _ cCncuc!_c, -e N:� C_ _ CisG-inir.c•icr. Wier_ c--- =uc_icr,tive :. _ c^s \ / _• ... % :Z tt;n-/ C , _ Netie_ sne,l be pes;ec in __Liy c c ..cie c c-, ;nrcr-c!iG. . nuc.. ey eareicyees end C_cliccnt: r o- _ cr,"' well lic- ec cicc-5•cUs`_.. ,.ril• - ynen ent. i-c Nct -' ! rr en rcvinc jurr;cic;ic. cr i'rc— t; Ic_ mc;. c�:Cine.. irc.rn ir. ;4e res-_C;iv@ cr__• ,-ice c: ;fie c!c!_ Cc.. FC; • YCU cre rec e e- C re.-. er-:c!cv:ne-., inCiUcirc V t-e � :re_.: C. `u:..c +';crc ..;( r.'.C. e _. �. .r..Ir•_:I:.. `----=e C., C--e, rcC_, C'-- cc Cr',cr cri- .. K-10 __ NON-CISCRImiNATION CLAUSE Curine the perfam,enc_ of this czntrect, the ccntrcctcr c_ree: e. The Cont:,.c:cr will nct disc:...--;nate c_ainst any erncic;.ee Cr =ciicar.t c - e• c�- n e t aec=.: of roti, creed, calcr, orcricin cnc w;1( tote c:...-c.:ve cation to insure thct they cre cc.crcecuel er^ai e�; N ^ cvr^ cppzr.'uni ties c;sc.irnireticn be=ayse of rata, eree:, ealcr, or ncticnc! cricin. Such ecticr. shcll be token with referent;, but not l;n;ted tc• recruitment, ern-icyrrent, jet cssicnment promotion uccre-i e c i rc, d m t cn, frcnsfer, icvc-: cr rotes of �y or other forms of ccncenscticn, oral sele=t;cr.Ifcr trc;nirc or re:rcin- ira, inc!uc;nc core.^.tica_i-.ip and en-the-jc' train;nc. b. The Ccntrccter will sent to etch Ic; . ..cr ur.�cr, or recresentetive of wcr;c_rs wi.`h wi;tc= he hcs or is bound by c collective bcr:cinir.c or ether ccr:erent cr understcrcinc , e natio_, to be prcviced by the Cer,.niss;cn cf Hvncn ,ichts, ccv;sinc such !error un;cn or representative ar the Contrcctcr's careennent unser c!cuws "a." thrcuc'i here rete., called "nen-=;sc.im;net;cn clauses", cnd rcauestirg sues icier un;en cr representa`ive to ccree in writing, wrether in such ccllec!ive bcr -;n;rc or ether ccree:rent or uncerstcncirc cc whermise, thct such Ic::cr union or representative' will _ not d;serlmirete ecainst any mernber cr cepliccnt for merr�cership beccLse of ret_, creed, calor, or nct;oncl cric;n, cnd will tcice c=rir:-olive cction to insure the: the; ore c—rded e-vcl membership opportunities without disc.inincticz beccuse of rets, creed, color, or ncticncl origin. Such action shcll be token with referenc:, 'but ncl be lircited to: recruitment, employment, iob assignment, prcmoticn, upercd;nc, de- motion, trcn::er, lcyoff or terninction, rotes of pcy, or other forms of eor'.penscticn, and selection for trcin;ng.or retrcin;nc including apprenticeship end on-the-job trc;n Inc-- Sues nctica shcil be Given by the Contractor, and such written ccreernent shell be mode by such (ober union or representctive, pr;or to the c--mmencement of per- fern—c:—,Ce.— of th;s ccr.trcc:. if such lc'-or union or representc.ive falls or recuses so to ccree in wr;tinc, the Ccntrac:cr shall prcrmptly not;:y the CCrnrniss;cn f--r R;chts cf such fc;lure cr re`vscl. C. The Ccr.trccicr will post cnd seep pasted in ccnscicucus p(ccgs, cvcileb!e to employ, and eppl;cants for employment, notices to be provided by the Ccmm;ss;on for Hurncn R;chts setting forth the substance of the provisions of clauses "a." and "b." and such provisions of the State's Lows agc;nst d;scriminct;en es the Commission for Hurrcn Rights shall determine*. d. The Cantrector will state, in oil solicitctions or edvertisenents for employees plceed by-or on behalf of the Contractor, that all qualified applicants will be afforded ecvc employment opportun;t;es without discrim;notion beccuse of rote, creed, paler, or national origin. L-1 e. The Contrcc!cr will ccmFly with the provisions of Se=t;cr.s 291 -279 of toe Exe-:-'; Lew and the Civil Richts Low, will furnish all infcrmct;on and reports deemed nee scry by the Ccr::missicn for human Ric''^.t: under these ncn-ci:crimincticn clauses c: such sec!icrs of the Executive La-"w, and will, permit ecc_ss to his beck:, reccrd•, and accounts by the Cc.-.m;ssicn for Humcr _ ureses cf invest;ca!ion t F'a'ts, enc C�,ner rear-:c^t. five./cc; for F c esu-, cin ccMciicnce w;th !hese nc disc:;mirclic; c!cuses and such se=l; t}, cr.s cf a - cxec;;tiv.e La•N enc C:•.ii 4;ci-;s Lcw. F. Tn;s Czntrce racy be fc,-th•,w;,h c-ncalled, to-- ;r,ctec, or suspencea in wnele or it For!, by the ccr.t:actino ccency upon the basis of c f;hc;ne mode 6V 'the- Cc.-inissic of Furnen Richts that the Centrectcr hes not complied with these ncn-d;scr;m;net;e c!cuses, and the Ccntrcctcr may be decltred inel;cible for future contrccls made b or an beheif of the Owr,er/Ccritrecting Ace.-Icy until he satisfied the Ccrmissicn fc human Ric;.ts the,' he has estcbl;si ed aria is c=rry;nc cut a prccrcrn in ccnf�,-ity w the previsions of these ncn-discrimination clauses. Such finding shell be mace by Cemmis:;en for Hur..cn R;c:.ts after ccnc;Iicrion efforts by the Ccmr.,;ssicn Love f,:it to•echieve cc.^plicr,ce with these ncn_d;sc""notion c!cuses end after a verified c picint has been filed with the Ccmmission, notice thereof hcs been given to the Cc tractor and on opportunity hcs been effer�ed him to be heard publicly before three marnbers of the Ccnmissicn. Such senticns may be ;npcsed end remedies otherwise provided by low. c. if this Contract is cancelled or te:n;ncted under clause "f.", in ccd;ticn to other Hchts of the Owner provided in this contract upon its bract- by the Cantrector, the CantrCctce will hold the Owner her.niess cr_-inst cny edcitiencl expenses or costs it curred by the Owner in ccrnpleting the wor:c or -in purchcs;ne the.services, mcter;c' . e-uipment, or supplies ccntemplcted by this ccntrcct, and the Owner may withhold payments from the Contractor in an amount sufficient for this purpose and recourse may be had accinst the surety on the performance bend if necessary. h.,, The Contra t t ,� . c.cr will inc.ude the revisions of c.cuses c. , thrcucn "g;' P in every sue contract er'purc:icse order in such c manner- the! such prov;s;cr•s w;l i be bindinc u�� each subcCn!rcctcr or vender cs to eperef;ens to be parfermec within jur;sd;ctionci locale of the Project being centrected by the Cwner. the Contractor will take suc cation in enfercinc such provisions of such subc=ntrcc! or purc^c:e es *the Owner/ Contracting Agency mcy direct, including sanctions or remedies for ncn-ccrr.pi7c:nc If the Contractor becomes involved in or is thrcc-tened with litigation „with a sub- contractor or vender es'a result of such direction by the Contracting Acency/Owne- the Contractor shall promptly so notify the Owner's recresentet;vas/counsel, reque• him to intervene end-protect the interests of the Owner (Contracting Agency's iurisd;ct;cnci arca). L-2 GENERAL CONDITIONS A. The contractor shall supply all labor , materials , equipment and services necessary or required to complete the work. All materials must be of first grade quality. Seconds will not be accepted. B. The contractor may store his materials and equipment on the work site but the Town of Southold and the Fishers Island Ferry District will not be responsible for damage or theft of same. C. In the event that anything reasonable , necessary or proper for the complete performance of the work to produce a first class finished ,job, has not been described in these specifications clearly, through oversight or palpable error , the contractor shall , notwithstanding , execute and provide all omitted works and things as if they were severally described , without extra charge and to the satisfaction of the Town ' s authorized representatives . D. The contractor shall be responsible for all construction facilities and temporary controls. These items would include all temporary electric , heat , telephone, water and sanitary facilities . Barricades shall be provided around all hazardous areas :luring constriiction and shall be maintained and lighted in accordance with all State and Local Code requirements . E. The contractor is specifically advised that he shall be responsible for on-site safety in regard to his area of work and shall indemnify and hold harmless the Town of Southold , Fishers Island Ferry District and the Solid Waste Coorrinator from any and all claims resulting from on-site accidents or safety conditions . F. The co lti ractr3r shall be responsible for cleaning all work ' br : n r-atel curing this project in a timely •as'� inn. J. The contractor shall keep fUlly informed of all Federal and Sf: ate laws, all local laws, ordinances , and regulations and X11 orlers and. decrees of bodies or tribunals having any ;urisliction or authority, which in any manner affect those engaged or employel on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws , ordinances , regulations , orders , and lecrees; and shall protect and indemnify the Owner and ail his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance , regulation, order , or decree, whether by himself or his/her employees . H. The contractor shall procure all permit.-, and licenses, pay all charges , fees , and taxes , and give all notices necessary and incidental to the due and lawful prosecution of the work . -1- FISHERS ISLAND METAL DUMP CLEAN UP Ec RESTORATION PART 1 - GENERAL 1 . 01 RELATED DOCUMENTS : A. The schematic drawing provided is not an accurate survey. It is provided to show reference points and locations of areas where metal is to be removed. The contractor shall be responsible for on-site inspections of the project .to familiarize himself with actual site conditions. ALL INTERESTED BIDDERS MAY VIEW THE SITE WITH A TOWN REPRESENTATIVE ON THURSDAY, SEPTE14BER 3u,1993, at 1-:UO pm. Please call Jim Bunchuck at (516) 734-7685 to confirm date and time B . General provisions of the Contract , including General conditions and Supplementary Conditions , apply to work in this section. C. Schematic Site plan Drawing attached . 1 . 02 DESCRIPTION OF WORK: A. The work under this section shall consist of furnishing all labor , material and equipment necessary or required to perform and complete all work including but not limited to the following: 1 ) Pit # 1 & Pit # 2 : These arras are each approximately twenty ( 20 ) feet wide by ninety ( 90 ) feet long and eight ( 8 ) feet. deep . Most of the material buried in each pit is metal . There are, however , other materials such as wood , plastic , rubber , etc . , commingled with the metal . The contractor shall be responsible for the removal of all material within each pit for its entire depth, length & width. In the event that hazardous material is encountered , the contractor shall attempt to safely segregate such items in order to continue with the excavation of the metal and other debris . Should any hazardous items be found , the contractor shall notify the Town of Southold immediately and appropriate action will be taken . The contractor shall not be held responsible for the removal of any hazardous material . -2- 2 ) CONCRETE BUNKER FILLED WITH METAL AND DEBRIS : This bunker area is irregular in shape and is approximately one hundred fifty ( 150 ) feet across in its largest dimension. The contractor shall be responsible for remova'_ of all metal and debris down to a level contour that is a minimum of ten ( 10 ) feet below the existing surrounding grade. The lower dirt road can be used for access to the metal within the concrete bunker . In the event that hazardous material is encountered , the contractor shall attempt to safely segregate such items in order to continue with the excavation of the metal and other debris. Should anv hazardous items be found , the contractor shall notify the Town of Southold immediately and appropriate action will be taken . The contractor shall not be held responsible for the removal of any hazardous material . 3 ) LARGE METAL TANKS : The contractor shall be responsible for the removal and disposal of the large metal tanks located immediately to the east of the concrete bunker . 1 . 03 GENERAL PROVISIONS: A. The contractor shall be responsible for the removal and disposal (or other disposition ) of all material excavated from the site ( except hazardous items ) . B . Material may be segregated on-site in an efficient manner as required or needed. C. The contractor shall be in daily contact with Mr . Jim Bunchuck, ( 516-734-7685 ) , Southold Town Solid Waste Coordinator , during all phased of the work. Mr . Bunchuck shall be kept up to date on all information relating to progress and time schedules. Any and all discrepancies encountered during the project shall be reported to Mr . Bunchuck immediately. -3- i DRAWING # SP-1 3 ACCESS ROAD LINE OF HEAVY CONCRETE BUNKER TO TRANSFER y VEGETATION FILLED WITH METAL STATION LARGE METAL TANKS <� DIRT ROAD V GATE 25 H H a w 20 ! 1 15 J GATE / v 10 LOWER DIRT ROAD � -- � 5 SCHEMATIC SITE PLAN NTS. FISHERS ISLAND METAL DUMP NOTE: CONTOURS WERE TOWN OF SOUTHOLD APPROXIMATED TO HELP FISHERS ISLAND, NEW YORK . CLARIFY EXISTING CONDITIONS ��c��FFOIKcOGy JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK ,Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER Q/ Telephone (516) 765-1801 FREEDOM OF INFORMATION OFFICER [ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 24, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the work required to remove a portion of the material buried at the Fishers Island Metal Dump, all in accordance with the bid specifications. \ �./�._/moi Judith T. Terry Southold Town Clerk August 25, 1993 i • Public Works Department Town of Southold Peconic Lane RAYMOND L.JACOBS Peconic, N.Y. 11958 Commissioner (516) 765-3140 (516) 734-5211 FAX (516) 765-1750 August 24, 1993 MEMORANDUM TO: Town Board Members FROM: Ray Jacobs, Public Works Commissioner SUBJECT: Fishers Island Metal Dump Work Specifications I am forwarding to you proposed specifications for work required to remove a portion of the material buried at the Fishers Island Metal Dump. The description of activity found in the statement of work is based upon discussions with Councilwoman Hussie concerning the required depth of excavation, and my staff regarding what was found, upon inspection, to be located at the site. This information may be used as the basis for specifications to interested bidders. cc: Jim Bunchuck Fishers Island Metal DuNp STATM4MTr OF WORK (NoTBg Items 1 through 4 refer to attached schematic drawing of the metal dump site) 1) The schematic drawing provided is n" an accurate survey. It is provided to show reference points and locations of areas where metal is to be removed. The contractor shall be responsible for on-site inspections of the prosect to familiarize himself with actual site conditions. A day and time will be set when ALL BIDDMB may review the site with a Town representative. 2) pit #1 and pit #2: These areas are each approximately twenty (20) feet wide by ninety (90) feet long and eight (8) feet deep. Most of the material buried in each Pit is metal. There eare, however, other materials such as wood, P c. commingled with the metal. The contractor shall be responsible for the removal of all material within each pit for its entire depth. In the event that hazardous Osterisuch itemsein�order contractor shall attempt to safely segregate to continue with the excavation of the metal and other debris. Should any hazardous items be found, the contractor she ll otify the Town of Southold iaa�edall not be ry and esponopriate sible for the removal taken. The contractor on of any hazardous material . 3) Concrete bunker filled��dt� approximatelother y one huist ndred (fifty s bunker area is irregular in (150) feet across in its largest dimension. The contractor shall be responsible for removal of all metal and debris down to a level contour that is a minimum of ten (10) feet below the existing surrounding grade. The lower dirt road can be used for access to the metal within the concrete bunker. Intthe shallt that hazardous material is encountered, c attempt to safely segregate such items in order to continue with the excavation of the metal and other debris. Should any hazardous items be found, the ro ate foractshheon will ll ofbe the Town of Southold immediately and apP Pm contractor ArWL11 not be responsible for the removal of any hazardous material. 4) yAWqe acetal tanks: The tanksContractor located immedietely�tontheleastfor ofhthe removal of the large concrete bunker. General provisions al and sal 5) The Contractor shell of all mmible terialrthe excavatedvfrom the site al e (or other disposition)) (except hazardous items) . Fishers Island Metal Dump DISCRIPTION OF AVRK (cont'd) 6) Material may be segregated on-site in an efficient manner as desired or needed. 7 ) Town Contact: The contractor shall be in daily contact with Jim Bunchuck, Southold Town Solid Waste Coordinator , with regard to problems encountered or work progress updates. Additional Items For Consideration in Actual Bid Specifications 8) Term of Contract - if any 9) Determination of Payment - by the container , day, etc. 10) Performance Evaluation - procedure for determining 11 ) Insurance (including liability of $1 ,000,000 and workman's compensation) 12) Bid Security - usually 5% of the bid 13) Performanced Bond - in amount at least equal to contract price 14) Non-collusive bid certification LINE OF HEAVY CONCRETE BUNKER ACCESS ROAD VEGETATION FILLED WITH METAL TO TRANSFER STATION �OgZ� LARGE METAL TANKS DIRT ROAD 25 1 "1 GATE 20 15 10 GATE / / LOWER DIRT ROAD � � 5 SCHEMATIC SITE PLAN NOTE: CONTOURS WERE NTS. FISHERS ISLAND METAL DUMP APPROXIMATED TO HELP TOWN OF SOUTHOLD . CLARIFY EXISTING CONDITIONS FISHERS ISLAND, NEW YORK