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HomeMy WebLinkAboutRestroom Facilities - Southold Town BeachPolicy No: 69381930-2 BAAR Page 7 THIS ENDORSEMENT PAGE CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AP 9000 ADDITIONAL INSURED ENDORSEMENT This endorsement changes the policy effective on the inception date of the policy unless a different date is indicated below. (The following need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 06/06/92 at 12:01 A.M. standard time, forms a part of (DATE) policy No. 69381930-2 BAAR of the ALLSTATE INSURANCE COMPANY (NAME OF INSURANCE COMPANY) issued to: EAST AREA GENERAL Oil CONTRACTORS INC 823C N HIGHWAY SOUTHAMPTON NY 11968 Agency at Authorized Representative Additional Interest TOWN OF SOUTHOLD MAIN RD SOUTHOLD NY 11971 LIABILITY INSURANCE AND AUTO MEDICAL PAYMENTS INSURANCE are changed as follows: WHO IS INSURED is changed to include as an insured each interest named above but only with respect to the coverage afforded. The inclusion of additional interest or interests shall not operate to increase the limits of our liability. Edition July 1984 6CEINJED 50uowm �„ Batch Rep Cur Date Run Seg End Last Run Eff Date Pages Yr PADDLINS E08028 E G 92304 84 003 92227 07/06/92 1124 92 AID ( A Policy No: 69381930-2 BAAR Page 8 THIS ENDORSEMENT PAGE CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 23 08 01 87 TRUCKERS -EXCESS COVERAGE FOR THE NAMED INSURED AND NAMED LESSORS FOR LEASED AUTOS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement effective 07/06/92 Named Insured Countersigned by EAST AREA GENERAL CONTRACTORS INC Name of Lessor: TOWN OF SOUTHOLD MAIN RD SOUTHOLD (Authorized Representative) SCHEDULE NY 11971 A. For a covered "auto" leased to you by the lessor named in the Schedule or in the Dec- larations, LIABILITY COVERAGE is excess over any other collectible insurance while: 1. The covered "auto" is leased to you in writing and in accordance with a written hold harmless agreement and 2. The covered "auto" is used pursuant to operating rights granted to you by a public authority. B. If the Coverage Form is written on a gross receipts basis, the term "gross receipts" In the Declarations is changed to include only 150 of the amount to which you are entitled for transporting property by the "auto" leased to you by the lessor. Copyright. Insurance Services Office, Inc., 1985 Batch Rep Cur Date Run Seq End Last Run Eff Date Pages Yr PADDLINS E08028 E G 92304 84 003 92227 07/06/92 1125 92 AID DECLARATIONS FOR A BUSINESS AUTO Page 3 AMENDED 07/06/92 Policy No: 69381930-2 BAAR ITEM ONE Named Insured and Address Producer Name and Address EAST AREA GENERAL CONTRACTORS INC ROBERT P BRADY AGCY INC 823C N HIGHWAY P 0 BOX 585 SOUTHAMPTON NY 11968 HUNTINGTON NY 11743 Producer Code: .100 Broker: 112225327 908200 PREV POLICY NO: 57381930 Report Basis: ANNUAL Policy Period: From 06/06/92 to 06/06/93 at 12:01 A.M. Standard Time at your mailing address shown above. Insured Company and Code: 011 ALLSTATE INSURANCE COMPANY Named Insured's Business: MASON CONTRACTOR _ Form of Business: CORPORATION $0 IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages vvhere a charge is shown in the premium column on the covered autos schedule. Each of these coverages will apply only to those "autos" shown as covered "autos." "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coveraae. ADD TOWN OF SOUTHOLD AS ADDL INSURED CERTIFICATEHOLDER CA 00 03 01 87 Batch Rep Cur Date Run Seg End Last Run Eff Date Pages Yr PADDLINS E08028 E G 92304 84 003 92227 6 -77o -6T92 1120 92 AID COVERED AUTOS LIMIT (Entry of one or more of the COVERAGES symbols from the COVERED AUTOS THE MOST WE WILL PAY FOR ANY ONE Section of the Business Auto ACCIDENT OR LOSS Coverage Form shows which autos are covered autos) LIABILITY BODILY INJURY 7 8 9 250,000 PER PERSON 500,000 PER ACCIDENT PROPERTY DAMAGE 100,000 PER ACCIDENT PERSONAL INJURY PROTECTION 7 Separately stated in each PIP endorsement (or equivalent No-fault coverage) ADDED PERSONAL INJURY PROTECTION 7 Separately stated in each added PIP endorsement (or equivalent added No-fault coverage) PROPERTY PROTECTION INSURANCE Separately stated in the P.P.I. endorsement (Michigan only) AUTO MEDICAL PAYMENTS UNINSURED MOTORISTS 7 250,000 PER PERSON 500,000 PER ACCIDENT UNDERINSURED MOTORISTS (When not included in Uninsured Motorists Coverage) PHYSICAL DAMAGE ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER COMPREHENSIVE COVERAGE 7 IS LESS MINUS $ 250 Ded. FOR EACH COVERE AUTO. BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. See ITEM FOUR for hired or borrowed "autos." PHYSICAL DAMAGE SPECIFIED ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER CAUSES OF LOSS COVERAGE IS LESS MINUS $ 25. Ded. FOR EACH COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. See ITEM FOUR for hired or borrowed "autos." PHYSICAL DAMAGE ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER COLLISION COVERAGE 7 IS LESS MINUS $ 250 Ded. FOR EACH COVERE AUTO. See ITEM FOUR for hired or borrowed "autos." PHYSICAL DAMAGE $ for each disablement of a private passenger auto. TOWING AND LABOR (Not available in California) ADD TOWN OF SOUTHOLD AS ADDL INSURED CERTIFICATEHOLDER CA 00 03 01 87 Batch Rep Cur Date Run Seg End Last Run Eff Date Pages Yr PADDLINS E08028 E G 92304 84 003 92227 6 -77o -6T92 1120 92 AID DECLARATIONS FOR A BUSINESS AUTO Page 4 . FORMS AND ENDORSEMENTS CONTAINED IN THIS POLICY AT ITS INCEPTION: SEE SCHEDULE ATTACHED FILINGS OTHER CHARGES INCLUDED WITH POLICY TOTAL PREMIUM COUNTERSIGNED 06/06/92 BY CA 00 03 01 87 Batch Rep Cur Date Run Seq End Last Run Eff Date Pages Yr PADDLINS EO8028 E G 92304 84 003 92227 07/06/92 1121 92 AID K! W M DECLARATIONS FOR A BUSINESS AUTO Page 5 AMENDED 07/06/92 Policy No: 69381930-2 BAAR ITEM THREE SCHEDULE OF COVERED AUTOS V E H I C L E I N F 0 R M A T 1 O N Auto No. Identification Description Tax Code Indv Class Code Exp Pro/Short Rata Cost/ Symbol Point % or S Chr State/ Ter Age 1 87 FORD P/U 00210 Date __011920 Each 1.000 13371 .15 NY 6 5 1FTHF26HA91634 5 Liab 770$20 Acc Perils 06/06/92 076 Equip 5 91 FORD P/U 00210 500 011900 250 1.000 1 *INC NY 2 ADDL 1FTDF15Y7MLAO8640 09 09 055 5 250 500 100 076 500 n T H F R v F H 1 r I F 11U F n R IUI A T I n 1U Auto Miscellaneous CB Discounts C.O.H. Veh Effective ADDL PIP No. OBEL Value UN Ded Base Del Date Each Each Each # Motorists Per Acc 5 Per 5 Liab Per Acc Perils 06/06/92 Ded LIABILITY LIM ITS IN THrIIICANIIC Auto No. Bodily Iniury PD Uninsured Motorists UMPD Underinsured Motorists UNPD ADDL PIP PIP OBEL UM Ded UN Ded Each Each Each Each Each Each # Motorists Per Acc 5 Per Acc Liab Per Acc Perils $ Val Ded Equip Use 1 250 500 100 250 500 1 *INC 10 09 ADDL BASIC 09 09 055 5 250 500 100 250 500 *INC ADDL BASIC 61 10 09 * UNDERINS INC IN UNINSURED MOTORIST **REJ Denotes Coverage Refected # Denotes Coverage In Actual Dollar Value D 641 V C 1 r e I n A M A r. G I I M I T C / M F n 1 C 0 I I I M I T S Auto No. Comp Spec Peril Coll Glass ADDL Maxim Allow UMPD Med Ded Med PAY OBEL # $ Val 1 250 Poll 250 PAY Equip 20,000 Motorists Coll insured 5 PAY Pip Liab 1 Excep Perils Ded Equip ff Llenotes %.overage In Actual LJollar Value PREMIUMS Auto BI PD Med PIP ADDL Uninsured UMPD Under— UNPD OBEL Pedest RMEC No. Poll Poll PAY Equip PIP Motorists Coll insured PD PAY Pip Liab 1 Excep Perils Ded Equip Use BI PD 5 1 61 10 09 02 09 09 09 055 099 01 *INC: Pedestrian Personal Injury Protection Included in BI D R G RA I 11 RA C Auto Comp Collision Specified Sound Loss of RMEC RMEC Poll Liab Poll Liab Coll PIP Sound No. Poll Poll Perils Equip Use Comp Coll BI PD PAY PIP 1 Excep Perils Ded Equip Use BI PD 5 1 61 10 09 02 09 09 09 055 099 01 CT A T rrnnFC Auto BI PD Med PIP ADDL UM State Comp Spec Coll PIP Sound Loss Poll Poll No PAY PIP Excep Perils Ded Equip Use BI PD 1 61 10 09 02 09 09 09 055 099 01 5 61 10 09 02 09 09 09 01 CA 00 03 01 87 Batch Re Cur Date Run Seg End Last Run Eff Date Pages Yr PADDLINS Ei5$a2 8 M MW— UM U72= 0 77D%j9 2 T= n AID DECLARATIONS FOR A BUSINESS AUTO ITEM FOUR Page 6 Policy No. 69381930-2 BAAR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS. I iahirty CnvPraaP — Ratina Basis_ Cost of Hire EFFECTIVE 06/06/92 STATE CLASS CODE ESTIMATED COST OF HIRE FOR EACH STATE RATE PER EACH $100 COST OF HIRE PREMIUM BI PD UM LIMPID NY 661900 100 .66 - Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or employees or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. ITEM FIVE SCHEDULE FOR NON -OWNERSHIP LIABILITY EFFECTIVE 06/06/92 Named Insured's Business Class Code Rating Basis Number Premium BI PD UM LIMPID Other than a 660100 Number of 3 Spec Social Service Agency Pip Employees Loss Social Service Agency I I Employees ITEM SIX SCHFDIII F FOR GROSS RFCFIPTS OR MILEAGE BASIS — LIABILITY COVERAGE — PUBLIC AUTO OR LEASING RENTAL CONCERNS ESTIMATED YEARLY GROSS RECEIPTS RATES Per $100 of Gross Receipts CLASS CODE TOTAL PREM. MINIMUM PREM. Addl UM State Comp Spec When used as a premium basis: FOR PUBLIC AUTOS Gross Receipts means the total amount to which you are entitled for transporting passengers, mail or merchandise during the policy period regardless of whether you or any other carrier originate the transportation. Gross Receipts does not include: A. Amounts you pay to railroads, steamship lines, airlines and other motor carriers operating under their own ICC or PUC permits. B. ---Advertising Revenue. C. Taxes which you collect as a separate item and remit directly to a governmental division. D. C.O.D. collections for cost of mail or merchandise including collection fees. Mileage means the total live and dead mileage of all revenue producing units operated during the policy period. FOR RENTAL. OR LEASING CONCERNS Gross receipts means the total amount to which you are entitled for the leasing or rental of "autos" during the policy period and includes taxes except those taxes which you collect as a separate item and remit directly to a governmental division. Mileage means the total of all live and dead mileage developed by all the "autos" you leased or rented to others during the policy period. CTAT rnnFC Auto BI PD Med No Addl UM State Comp Spec Coll Pip Sound Loss No Pa Fault N—F Exc Peril Ded Equip Use HR 61 10 0 08 EN 61 10 09 08 CA 00 03 01 87 Batch Re Cur Date Run Se End Last Run Eff Date Pages Yr PADDLINS F6gi528 1 OM ?�'i b TjiSb%132 T= 92 AID Policy No: 69381930-2 BAAR Page 9 THIS ENDORSEMENT PAGE CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 23 12 01 87 TRUCKERS - NAMED LESSEE AS INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement effective 07/06/92 Named Insured Countersigned by EAST AREA GENERAL CONTRACTORS INC Name of Lessee: (Authorized Representative) SCHEDULE Address: The lessee named in the Schedule or in the Dec- larations is an "insured" for the use of a covered "auto" you own or hire, subject to the following provisions: 1. The covered "auto" must be used pursuant to operating rights granted to the lessee by a public authority. 2. The covered "auto" must be leased in writing and in accordance with a written hold harm- less agreement between you and the lessee. 3. The LIABILITY COVERAGE CONTRACTUAL Ex- clusion does not apply to the lease agreement between you and the lessee. 4. LIABILITY COVERAGE is primary for the lessee. 5. If the Coverage Form is written on a gross receipts basis, the term "gross receipts" in the Declarations is changed to include the actual renumeration received from leasing the covered "autos" to the lessee. 6. If we cancel the policy or reduce the LI- ABILITY COVERAGE LIMIT OF INSURANCE we will give the lessee 30 days advance notice. Copyright, Insurance Services Office, Inc., 1985 Batch Rep Cur Date Run Seq End Last Run Eff Date Pages Yr PADDLINS E08028 E G 92304 84 003 92227 07/06/92 1126 92 AID DECLARATIONS FOR A BUSINESS AUTO AMENDED 07/06/92 Policy No: ITEM ONE Named Insured and Address EAST AREA GENERAL CONTRACTORS INC 823C N HIGHWAY SOUTHAMPTON NY 11968 Page 3 69381930-2 BAAR Producer Name and Address ROBERT P BRADY AGCY INC P 0 Box 585 HUNTINGTON NY 11743 Producer Code: .100 Broker: 112225327 908200 PREV POLICY NO: 57381930 Report Basis: ANNUAL Policy Period: From 06/06/92 to 06/06/93 at 12:01 A.M. Standard Time at your mailing address shown above. Insured Company and Code: 011 ALLSTATE INSURANCE COMPANY Named Insured's Business: MASON CONTRACTOR Form of Business: CORPORATION $0 IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a charge is shown in the premium column on the covered autos schedule. Each of these coverages will apply only to those "autos" shown as covered "autos." "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the ADD TOWN OF SOUTHOLD AS ADDL INSURED CERTIFICATEHOLDER CA 00 03 01 87 Batch Rep Cur Date Run Seg End Last Run Eff Date Pages Yr CERTINS E08028 E G 92304 85 003 92227 07 06 92 1128 92 AIS COVERED AUTOS LIMIT (Entry of one or more of the COVERAGES symbols from the COVERED AUTOS THE MOST WE WILL PAY FOR ANY ONE Section of the Business Auto ACCIDENT OR LOSS Coverage Form shows which autos are covered autos) LIABILITY BODILY INJURY 7 8 9 250,000 PER PERSON 500,000 PER ACCIDENT PROPERTY DAMAGE 100,000 PER ACCIDENT PERSONAL INJURY PROTECTION 7 Separately stated in each PIP endorsement (or equivalent No-fault coverage) ADDED PERSONAL INJURY PROTECTION 7 Separately stated in each added PIP endorsement (or equivalent added No-fault coverage) PROPERTY PROTECTION INSURANCE Separately stated in the P.P.I. endorsement (Michigan only) AUTO MEDICAL PAYMENTS UNINSURED MOTORISTS 7 250,000- PER PERSON 500,000 PER ACCIDENT UNDERINSURED MOTORISTS (When not included in Uninsured Motorists Coverage) PHYSICAL DAMAGE ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER COMPREHENSIVE COVERAGE 7 IS LESS MINUS $ 250 Ded. FOR EACH COVERE AUTO. BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. See ITEM FOUR for hired or borrowed "autos." PHYSICAL DAMAGE SPECIFIED ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER CAUSES OF LOSS COVERAGE IS LESS MINUS $ 25. Ded. FOR EACH COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. See ITEM FOUR for hired or borrowed "autos." PHYSICAL DAMAGE ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER COLLISION COVERAGE 7 IS LESS MINUS $ 250 Ded. FOR EACH COVERE AUTO. See ITEM FOUR for hired or borrowed "autos." PHYSICAL DAMAGE $ for each disablement of a private passenger auto. TOWING AND LABOR (Not available in California) ADD TOWN OF SOUTHOLD AS ADDL INSURED CERTIFICATEHOLDER CA 00 03 01 87 Batch Rep Cur Date Run Seg End Last Run Eff Date Pages Yr CERTINS E08028 E G 92304 85 003 92227 07 06 92 1128 92 AIS DECLARATIONS FOR A BUSINESS AUTO Page 4 FORMS AND ENDORSEMENTS CONTAINED IN THIS POLICY AT ITS INCEPTION: SEE SCHEDULE ATTACHED FILINGS OTHER CHARGES INCLUDED WITH POLICY TOTAL PREMIUM COUNTERSIGNED 06/06/92 BY CA 00 03 01 87 Batch Rep Cur Date Run Seq End Last Run Eff Date Pages Yr CERTINS E08028 E G 92304 85 003 92227 07/06/92 1129 92 AID DECLARATIONS FOR A BUSINESS AUTO Page 5 AMENDED 07/06/92 Policy No: 69381930-2 BAAR ITEM THREE SCHEDULE OF COVERED AUTOS \/ F H 1 r' G 1 Al F n R RA A T 1 n AI Auto No. Identification Description Tax Code Indv Class Exp Code Pro/ShortCost/ Rata S mbol Point % or $ Chrg State/ Age Ter 1 87 FORD P/U 00210 Base 011920 1.000 13371 .15 NY 6 # 1FTHF26HA91634 Per Acc 770$20 Per 5 PIP 076 5 91 FORD P/U 00210 06/06/92 011900 1.000 250 1 NY 2 500 1FTDF15Y7MLA08640 250 500 1 *INC 10 09 076 n T H G R V F H I r I F I IU F n R M A T I n N Auto Miscellaneous CB Discounts C.O.H. Veh Effective ADDL PIP No. OBEL Value UN Ded Base Del Date Each Each Each # PAY Per Acc Pi Per 5 PIP Per Acc # $ Val 06/06/92 250 L I A B I L I T Y L I M I T S IN THr)I mAIVnC Auto No. Bodily Injury PD Uninsured Motorists UMPD Underinsured Motorists UNPD ADDL PIP PIP OBEL UM Ded UN Ded Each Each Each Each Each Each # PAY Per Acc Pi Per Acc PIP Per Acc # $ Val $ Val 250 Equip 250 1 250 500 100 250 500 1 *INC 10 09 ADDL BASIC 09 09 055 5 250 500 100 250 500 *INC ADDL BASIC 61 10 09 * UNDERINS INC IN UNINSURED MOTORIST **REJ Denotes Coverage Rejected # Denotes Coverage In Actual Dollar Value D w v C I r A I n A M A r. F 1 I RA I T C RA F n l r 0 1 I I M I T C Auto Comp Spec Coll Glass Uninsured Maxim Under- Med Med No. RMEC Peril No. Poll PAY Allow Motorists Ded PAY Coll BI Pi Liab 1 PIP 1 Exce2 # $ Val 1 250 Equip 250 BI PD 20,000 5 1 61 10 09 02 09 09 09 055 a uenotes coverage In f\culal uouar value D D C RA 1 11 RA C Auto BI PD Med PIP ADDL Uninsured UMPD Under- UNPD OBEL Pedest RMEC No. No. Poll PAY PIP Motorists Use insured Coll BI Pi Liab 1 PIP 1 Exce2 _ Ded Equip Use BI PD 5 5 1 61 10 09 02 09 09 09 *IN(:: veaestrlan versonal injury rrotectlon lncluaea In bi D R F RA 111 M C Auto Comp Collision Specified Sound Loss of RMEC RMEC Poll Liab Poll Liab Coll PIP Sound No. Poll Poll Perils Equip Use Comp Coll BI PD PAY PIP 1 Exce2 Perils Ded Equip Use BI PD 5 1 61 10 09 02 09 09 09 055 099 01 C T A T r n n R c Auto BI PD Med PIP ADDL UM State Comp Spec Coll PIP Sound Loss Poll Poll No PAY PIP Exce2 Perils Ded Equip Use BI PD 1 61 10 09 02 09 09 09 055 099 01 5 61 10 09 02 09 09 09 01 CA 00 03 01 87 Batch Rep Cur Date Run�Seg End Last Run Eff Date Pages Yr CERTINS >�G — $5 - X6'3 ST— �S77 /92 1136 72 AID DECLARATIONS FOR A BUSINESS AUTO Policy No. 69381930-2 ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS. Page 6 BAAR Liability Coverage - Rating Basis, Cost of Hire EFFECTIVE 06/06/92 STATE CLASS CODE ESTIMATED COST OF HIRE FOR EACH STATE RATE PER EACH $100 COST OF HIRE PREMIUM BI PD UM LIMPID NY 661900 100 .66 Spec Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or employees or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. ITEM FIVE SCHEDULE FOR NON -OWNERSHIP LIABILITY EFFECTIVE 06/06/92 Named Insured's Business Class Code Rating Basis Number Premium BI PD UM UMPD Other than a 660100 Number of 3 Spec Social Service Agency Sound Employees Social Service Agency Employees No ITEM SIX SCHEDULE FOR GROSS RECEIPTS OR MILEAGE BASIS - LIABILITY COVERAGE - PUBLIC AUTO OR LEASING RENTAL CONCERNS ESTIMATED YEARLY GROSS RECEIPTS RATES Per $100 of Gross Receipts CLASS CODE TOTAL PREM. MINIMUM PREM. Addl UM State Comp Spec When used as a premium basis: FOR PUBLIC AUTOS Gross Receipts means the total amount to which you are entitled for transporting passengers, mail or merchandise during the policy period regardless of whether you or any other carrier originate the transportation. Gross Receipts does not include: A. Amounts you pay to railroads, steamship lines, airlines and other motor carriers operating under their own ICC or PUC permits. B. Advertising Revenue. C. Taxes which you collect as a separate item and remit directly to a governmental division. D. C.O.D. collections for cost of mail or merchandise including collection fees. Mileage means the total live and dead mileage of all revenue producing units operated during the policy period. FOR RENTAL OR LEASING CONCERNS Gross receipts means the total amount to which you are entitled for the leasing or rental of "autos" during the policy period and includes taxes except those taxes which you collect as a separate item and remit directly to a governmental division. Mileage means the total of all live and dead mileage developed by all the "autos" you leased or rented to others during the policy period. CTAT r'r%1=Q Auto BI PD Med No Addl UM State Comp Spec Coll Pip Sound Loss No Pa Fault N -F Exc Peril Ded Equip Use HR 61 10 0 08 EN 61 10 09 08 CA 00 03 01 87 Batch E� R_ � CuRun Se EDIM28 gS End Last Run E" Date Pages Yr CERTINS OM S2227 U77OU/�2 T= 32 AID JUDITH T. TERRY TOWN CLERK r P REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER - '- - OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 14, 1992 Michael Broidy, President East Area General Contractors, Inc. 823-C North Highway Southampton, New York 11968 Dear Mr. Broidy: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Whereas your contract with the Town of Southold for construction of new restroom facilities at Southold Town Beach is complete, I am returning herewith your original Performance Bond and Payment Bond for the project. Very truly yours, Judith T. T rry e r Southold Town Clerk Enclosures O INSURANCE COMPANY MONTICELLO. NEW YORK (A Stock Company) THE AMERICAN INSTITUTE OF ARCHITECTS c AIA Document A312 Performance Bond No. 37960 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): East Area General Contractors, Inc. AND Edward Broidy, as an Open Joint Venture 823-C North Highway Southampton, N.Y. 11968 OWNER (Name and Address): Town of Southold Main Road Southold, N.Y. 11971 SURETY (Name and Principal Place of Business): FRONTIER INSURANCE COMPANY 196 Broadway Monticello, NY 12701 CONSTRUCTION CONTRACT Date: Amount: $22,615.00 Description (Name and Location): construction of new restroom facilities Southold Town Beach, Route 48 BOND Date (Not earlier than Construction Contract Date): 4/17/92 Amount: $22,615.00 Modifications to this Bond: 0 NONE [Z See Page 3 CONTRACTOR AS PRINCIPAL EAST AREA GENERAL (Corporate Seal) CONTRACTORS, INC. Signature Name and Title: Edward Broidy, r sident LAA additional signatures appear on page 3) SURETY FRONTIER INSURANCE COMPANY (Corporate S Signature: Name and Itle. Andrea Amme ola Attorney -in -Fact (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Robert P. Brady Agency, Inc. other party): P.O. Box 585, 487 New York Avenue Huntington, N.Y. 11743-0585 (516) 673-0500 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE. N.W , WASHINGTON. DC 20006 A312-1984 1 THIRD PRINTING • MARCH 1987 FM 19-1194A (6'87) 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, succes- sors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss me- thods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contrac- tor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's rightto completethe contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Con- tract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Con- tract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equi- valent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as de- scribed in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasona- ble promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be daemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety de- manding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment ten- dered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Suretyto the Owner shall not be great- er than those of the Contractor under the Construction Con- tract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construc- tion Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without dupli- cation for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the -Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA s THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE, N.W., WASHINGTON. DC 20006 A312-1984 2 THIRD PRINTING • MARCH 1987 10 Notice tothe Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. iF�814zal k0e]IT&I 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Con- struction Contract after all proper adjustments have been made, including allowance to the Contractor of any MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the terms thereof. (Space is provided below fgLad iltj_Qnal sia res of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY (Corp fate Seal) Signature: Name and Title: Edward Broidy, Individually Address: FRONTIER INSURANCE COMPANY (Corporate Seal) Signature: Name and Title: Address: Countersigning Agent AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON, DC 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 FM 19-1194A (6/87) w-886 5/91-4M I0 rnnho r INSURANCE COMPANY MONTICELLO, NEW YORK (A Stock Company) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond No. 37960 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): East Area General Contractors, Inc. AND Edward Broidy, as an Open Joint Venture 823-C North Highway Southampton, N.Y. 11968 OWNER (Name and Address): Town of Southold Main Road Southold, N.Y. 11971 SURETY (Name and Principal Place of Business): FRONTIER INSURANCE COMPANY 196 Broadway Monticello, NY 12701 CONSTRUCTION CONTRACT Date: Amount: $22,615.00 Description (Name and Location): construction of new restroom facilities Southold Town Beach, Route 48 BOND Date (Not earlier than Construction Contract Date): 4/17/92 Amount: $22,615.00 Modifications to this Bond: EYNONE ® See Page 3:6 CONTRACTOR AS PRINCIPAL EAST AREA GENERAL (Corporate Seal) CONTRACTORC. Signature: Name and Title: Edward Broidy, resident (Any additional signatures appear on page :�) SURETY FRONTIER IN RANCE COMPANY (Corporata-a- Signature Name and te. Andrea Amme ola Attorney -in -Fact (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Robert P. Brady Agency, Inc. other party): P.O. Box 585, 487 New York Avenue Huntington, N.Y. 11743-0585 (516) 673-0500 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON, DC 20006 A312-1984 4 THIRD PRINTING • MARCH 1987 FM 19-1195A (6/87) r 1 The Contractor and the Surety, jointly and severally, bind • themselves, their heirs, executors, administrators, succes- sors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Con- struction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is forthe payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communi- cation from the Contractor by which the Contractor has indicated the claim will be paid directly or indi- rectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the ad- dress described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compli- ance. 6 When the Claimant has satisfied the conditions of Para- graph 4, the Surety shall promptly and at the Surety's ex- pense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challeng- ing any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor fur- nishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to relat- ed subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdic- tion in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subpara- graph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construc- tion Contract, whichever of (1) or (2) first occurs. If the provi- sions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a de- fense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient com- pliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 91 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON, DC 20006 A312-1984 5 THIRD PRINTING • MARCH 1987 FM 19-1195A (6/87) W -886-5/91-4M 0 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct con- tract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectu- ral and engineering services required for performance of the work of the Contractor and the Contractor's subcon- tractors, and all other items for which a mechanic's lien MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 0 may be asserted in the jurisdiction where the labor, mate- rials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPLE (Corporate Seal) Signature: Name and Title: Edward Broidy, ndividually Address: SURETY FRONTIER INSURANCE COMPANY (Corporate Seal) Signature: Name and Title: Address: Countersigning Agent AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE, N.W., WASHINGTON, DC 20006 A312-1984 6 'HIRD PRINTING • MARCH 1987 O %7.!%v/lier INSURANCE COMPANY MONTICELLO, NEW YORK (A Slock Company) PRINCIPAL.'S ACKNOWLEDGMENT INDIVIDUAL VERIFICATION State of NEW YORK County of SUFFOLK On this day of in the year 19_—, before me personally came EDWARD BROIDY tom known, and known to me to be the person(s) who is (are) described in and who executed the foregoing instrZZI t he (they) executed the same. title of official taking acknowledgment) State of PARTNERSHIP VERIFICATION County of On this day of , in the year 19.—, before me personally came to me known, and known to me to be the person who is described in and who executed the foregoing instrument, and acknowledges to me that he executed the same, as and for the act and deed of the said co -partnership. State of NEW YORK On this day of EDWARD BROIDY (Signature and title of official taking acknowledgment) CORPORATE VERIFICATION County of SUFFOLK in the year 19 before me personally came to me known, who, being by me duly sworn, deposes and says that he resides in the City of WOODBURY, NEW YORK that he is the PRESIDENT of the EAST AREA GENERAL CONTRACTORS INC. , the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument i u corporate seal; that is was so affixed by the order of the Board of Directors of said corporatiort and hat he si ed his name _ret by lik/e order. (Signature and title of offlcialWhg acknowledgment)' SURETY COMPANY ACKNOWLEDGMENT State of NEW YORK County of SULLIVAN On this 17th day of April in the year 19-? 2 - before me personally came Andrea Atmnendola to me known to be the individual described in and who executed the foregoing instrument and to be the Attorney -in -Fact of FRONTIER INSURANCE COMPANY, which is to me known to be the corporation described in the foregoing instrument, and which, by its said Attorney -in -Fact executed the same, and said Attorney -in -Fact duly acknowledged to me that he knows the Seal of said Corporation; that the Seal affixed to said instrument is such Corporate Seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he executed the said instrument as the act and deed of said FRONTIER INSURANCE COMPANY therein described and for the uses and purposes therein mentioned, by virtue of a certain power of attorney executed by said FRONTIER INSURANCE COMPANY dated MAY 31, 1989 , which said power has never been revoked and is still in full force and effect; and that the said corporation has received from the Superintendent of Insurance pf the State of New York a certificate of solvency and of its sufficiency as surety or guarantor under Section 327, Chapter 882 of the ws of 1939, being Chapter 28 of the Consolidated Laws of New York for the year 1939, and that such certificat' "has not bee r ��kpd. )f .3+idYi3l:k FM 19-5004 (11/85) `• Notary Public C1jmr.1JSS!oP C".XP1fa July z;, -1 r ;AWrajl tkr INSURANCE COMPANY MONTICELLO, NEW YORK N2 15868 - A (A Stock Company) POWER OF ATTORNEY Ettafn AIf Well 1<tiv Thrsr presrttts: That FRONTIER INSURANCE COMPANY, a New York Corporation, having its principal office in Monticello, New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of November, 1985: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in - Fact to represent and act for and on behalf of the Companyto execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respectto any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification thatthe foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in- Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: WALTER A. RHULEN GEORGE F. EBERLE LYNNE K. HUPKA DAVID E. CAMPBELL MILES V. MURPHY, JR. JOAN FARROW DAVID M. HOGAN ANDREA AMMENDOLA of Monticello , in the State of New York its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 111tt WI itttrss Wi fIrre0f, FRONTIER INSURANCF� COMPANY of Monticello, New York, has caused this Power of Attorney to be signed byy its President and its Corporate seal to be affixed this 31St day of May, , 19 8y. . FRONTIER INSURANCE COMPANY PagUR Ale", . W . oPP-R Oa _ SEAL'S a- 962 State of New York =` % opr BY: County of Sullivan ss.: WALTER A. RHULEN, President On this 31st day of May, 19 89 , before the subscriber, a Notary Public of the State of New York in and for the County of Sullivan, duly commissioned and qualified, came WALTER A. RHULEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is now in force. ,11n Trstinuntu 1lhrrrnf, I have hereunto set my hand, and affixed my official seal at Monticello, New York, the day and year above written CERTIFICATION � A Notary Public of New York My Commission Expires June 22, 1993 I, MARVIN L. TEPPER, Secretary of FRONTIER INSURANCE COMPANY of Monticello, New York, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. —1111 0fittteeq 3VIlered, I have hereunto set my hand and affixed the facsimile seal of the corporation_ is 17thday o1 92. P •,'`SSU WQ' P 0""0 qO < _ °SEAL O 962 D u Z _ fK, YOp � FM 19-5002-A (10/91) MARVIN L. I EPPER, ecretary O ;MrIon"erINSURANCE COMPANY 196 BROADWAY MONTICELLO, NEW YORK 12701 Financial Statement as of December 31, 1990 I certify that the below listed officers were duly elected by the Board of Directors of Frontier Insurance Company and continue to hold the office set opposite their names. OFFICERS WALTER A. RHULEN...................................... President MARVIN L. TEPPER....................................... Secretary DENNIS F. PLANTE....................................... Treasurer PETER L. RHULEN................................... Vice President JESSE M. FARROW .................................. Vice President JAMES P JOYCE .................................... Vice President CHARLES R. SPITZER................................ Vice President DAVID E. CAMPBELL ................................ Vice President HARRY W. RHULEN.................................. Vice President I further certify that the following Financial Statement of the Company is true, as taken from the books of the Company as of December 31, 1990: ASSETS Losses .............................................. Bonds ............................................... $145.350.933 Preferred stocks ..................................... 10,908,921 Common stocks ...................................... 300,661 Short-term investments ............................... 8,047,267 Cash on hand and on deposit ......................... 690,547 Premiums and agents' balances Funds hell by Company under in course of collection .............................. 12,907,747 Premiums, agents' balances and installments Amounts withheld or retained by Company booked but deferred and not yet due ................. 3,815.139 Reinsurance recoverable on loss payments ............. 1,205,481 Electronic data processing equipment ................... 1,130,284 Aggregate write-ins for assets other than TOTAL LIABILITIES .............................. invested assets .................................... 634,076 Interest dividends and real estate Paid -in and cc ', zbuted surplus ........................ income due and accrued ............................ 3,246,466 Real Estate .......................................... 487,038 Receivable from affiliates .............................. 407,798 TOTAL ADMITTED ASSETS ....................... $189,132,358 LIABILITIES AND POLICYHOLDER'S SURPLUS Losses .............................................. 96.847.735 Loss adjustment expenses ............................ 23,651,264 Other expenses ...................................... 521,324 Reinsurance payable on paid losses ................... 1,928,800 Taxes, licenses and fees .............................. 1,292,176 Unearned premiums .................................. 25,848,131 Funds hell by Company under Reinsurance Treaties ............................... 221,101 Amounts withheld or retained by Company for account of others ............................... 87,668 Provisions for reinsurance ............................ 84,545 Federal income tax payable ........................... 588,768 TOTAL LIABILITIES .............................. $151,071,512 Capital paid-up ...................................... $5,000,000 Paid -in and cc ', zbuted surplus ........................ 11,520,620 Unassigned funus (surplus) ............................ 21,540,226 Total policyholder's surplus ......................... 38,060,846 TOTAL LIABILITIES & POLICYHOLDER'S SURPLUS ..................... $169,132,358 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the Company this 20th day of May, 1991. SUpANC... CORPORATE SEAL , �PNPpoq�rF o"- 'o- SEAL -LL 1 9fi3r <_ Ek, Ypp STATE OF NEW YORK COUNTY OF SULLIVAN ss.: WALTER A. RHULEN, President l On this 20th day of May 1991, before the subscriber, a Notary Public of the State of New York in and for the County of Sullivan, duly commissioned and qualified, came WALTER A. RHULEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and off icer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is now in force; and that said Corporation has received from the Superintendent of Insurance of the State of New York a Certificate of Solvency and of its sufficiency as surety or guarantor under Section 1111 of the Insurance Law of the State of New York. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Monticello, New York, the day and year above written. NOTARIAL SEAL ;°'� Moti�+,, :' P' F :, NOTAgy OF NE`N,,: •: A Notary Public of New York My Commission Expires June 30, 1991 F-B/FS(5/91) W -891-5/91-2M JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 14, 1992 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 This is to certify that the contract between the Town of Southold and East Area General Contractors, Inc., Michael Broidy, President, (construction of new restroom facilities at Southold Town Beach) was accepted as complete on July 30, 1992, and on that date the final payment under the contract was authorized by Commissioner of Public Works Raymond L. Jacobs. (T o w n) (S e a I ) I Judith T. Terry 67 Southold Town Clerk ( i16) 283-2244100 IV s N° 11'72 54a 044e4 GENERAL CONTRACTORS, INC, 823—C NORTH HIGHWAY • SOUTHAMPTON, N. Y. 11968 Dat»........70%6... ...................... L,t.✓ ... ..,.. ILWO S C5�5 .�` 17tc ).d.Voetq .... Y� k......!..!.`1.. ..!................. DATE DESCRIPTION CHARGE CREDIT ®ALANCR 1 , LA C Vl rct.LA a n7 i Account Number.... ........ Inv ... Date.... .19.�. . . 4 TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO; F, 4 5 1�:�c� �'E'2f'1�.� l.Gr��"'�'�d+.Sa� Payee Identification Payee Name: or Social Security Number: ............... Payee Reference: Address. ...... ?1,,. -L {)ork� " Wg............. Phone No. (���.).2� ?` Z.Z.��.....MLP'> � t3'�: E .... t { E g.. Vendor Contact Cash Discount ................... % .........Days.. . .............................. Item No. Description of Material/Service Quantity Unit Price Amount ilk ... /�.. ✓. -2- 2 CO2. _.o •� �% Gr.O. Total, _2 26Z iscount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the fc re airr cl 4s trua-and correct and that no part thereof has been pard, except as therei stated, and that thence erein stated is actually Clue and owing. r Dated ..... ,? '.� .................. .19 Signature 0 Check *- Town of Southold ��,DBIILLL^F � Vendor No. AY �?J ....... Invoice No. //7Z .......... . Invoice Date Amount Claimed $ Purchase Order No. ......... For Services and Disbursements as �-- — GC�ty►d�i,� Fund and Account s :.71A Entered by ............ Allowed, $' {. � 52 �` , 0-6. G Audited � . 1.1. 199"19 r' " Town Clerk 0 0 JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 7, 1992 Micahel Broidy, President East Area General Contractors Inc. 823-C North Highway Southampton, New York 11968 Dear Michael: Thank you for coming by today to sign the contract for the construction of the new restroom facilities at the Southold Town Beach. Shortly after you left I received a fax of the Certificate of Insurance naming the town of Southold as Additional Insured. Returned herewith is your $,200.00 bid deposit check. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure 1194 Sast Area �eneraf ' _tractors hic. 823-C NORTH HI ! Y0 lY FSOUTH HAMPTQN '� ,7 50-446/214 f,f� Ems— 19 r,xa x� s n r i TO T PAY HE , / 1 G) J, t, F $ ORDER OF S� `�✓�� 1 -IIS J 7 Vt M _DOLLAR S RANI•t — N €.. I NORSTAR BANK I 60 Jagger Lane, Southampton, NV 11868 III FOR - 0 0 1 19 L.0 OR_00119L.0 1:02140446 S1: VC3131oil 00S7� ��' as/�'1'dII® `MN*� ISSUE DATE (MM/DD/YY) - July 7 1992 c PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Robert P. Brady Agency, Inc. POLICIES BELOW. 487 New York Avenue COMPANIES AFFORDING COVERAGE Huntington, NY 11743 COMPANY A LETTER Continental Insurance Company COMPANY B INSURED LETTER Allstate Insurance Company COMPANY C East Area General Contractors Inc. LETTER United States Underwriters Insurance Co. 823-C North Highway COMPANY D Southampton, NY 11968 LETTER The State Insurance Fund COMPANY E LETTER i Zurich Insurance Company - _ COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICYNUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $2,000,000 S A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $1,000,000 CLAIMS MADE X OCCUR. 11CLP05128490-92 10/1/91 10/1/92 PERSONAL & ADV. INJURY $1,000,000 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 MED. EXPENSE (Any one person) $ 5. 000 AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT X ALL OWNED AUTOS B 57381930BAAR BODILY INJURY 6/6/92 6/6/93 (Per person) $250,000 SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $500,000 NON -OWNED AUTOS X (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $100,000 EXCESS LIABILITY EACH OCCURRENCE $1,000,000 C X UMBRELLA FORM Auto Excess AEl-23-473 7/18/91 7/18/92 AGGREGATE $1,000,000 OTHER THAN UMBRELLA FORM 7/18/92 7/18/93 WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $100,000 AND D 982886-4 8/5/91 8/5/92 DISEASE—POLICY LIMIT $500,000 EMPLOYERS' LIABILITY DISEASE—EACH EMPLOYEE $100,000 OTHER E NY State Disability 1966879-001 4/9/90 Continuous as per NY State Law DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Job • • Construction of new rest room aci ities Southold Town Beach, RT. 48, Southold, NY Town of Southold named as Additional Insured (see below) REVISED CERTIFICATE ISSUED --CORRECTING THE COMPANY LETTER C CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Town Of Southold ffalvm EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Main Road ��V MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Southold, NY 11971JuL 10 X92 LEFT, BUT FAILU TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF I D UPON TH5 COMPANY, ITS AGENTS OR REPRESENTATIVES. I� T^` �^ ryQ� AUTH R TATIVE � 25.S(7/90) CACORD CORPORATION 1990 AGORDs PRODUCER Robert P. Brady Agency,Inc. 487 New York Avenue Huntington, NY 11743 ISSUE DATE (MM/DD/YY) NFL 5/7/92 ce THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE covoums COMPANY A INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS LETTER Continental Insurance Company CODE SUB -CODE CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION' DATE (MM/DD/YY) DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS COMPANY B A INSURED LETTER Allstate Insurance Company 10/1/91 10/1/92 PERSONAL& ADVERTISING INJURY $1,000,00 COMPANY G. EACH OCCURRENCE $11000100( East Area General Contractors Inc. FIRE DAMAGE (Any one fire) $ 50,00( United States Liability Insurance Co. 823-C North Highway MEDICAL EXPENSE (Any one person) $ 5,00 AUTOMOBILE LIABILITY COMBINED COMPANY D SINGLE $ Southampton, NY 11968 LETTER LIMIT The State Insurance Fund X ALL OWNED AUTOS COMPANY LETTER E 7..,,.: „1 T n — covoums THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION' DATE (MM/DD/YY) DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $2,000,00( A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $1,000,00( CLAIMSMADE X OCCUR. 11CLP05128490-92 10/1/91 10/1/92 PERSONAL& ADVERTISING INJURY $1,000,00 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $11000100( FIRE DAMAGE (Any one fire) $ 50,00( MEDICAL EXPENSE (Any one person) $ 5,00 AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT A X ALL OWNED AUTOS BODILY INJURY $ 250,000 SCHEDULED AUTOS 57381930BAAR 6/6/91 6/6/92 (Per person) X HIRED AUTOS BODILY INJURY $ 500,000 X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY $ 100,000 I DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE C X Auto Excess AEI -23-473 7/18/91 7/18/92 $ 1,000, $1,000, OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION $ 100, (EACH ACCIDENT) D AND 982886-4 8/5/91 8/5/92 $ 500, (DISEASE—POLICY LIMIT) EMPLOYERS' LIABILITY $ 100, (DISEASE—EACH EMPLOYEE OTHER E New York State Disability 1966879-001 4/9/90 Continuous as per NY State Law DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS ,job: Construction of new rest room facilities Southold Town Beach, RT.48, Southold, NY Town of Southold named as Additional Insured (see Below) CERTWICATE HOLM CANCEL ATRON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Town of Southold EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Main Road MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Southold, NY 11971 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTtiOR1490 REP SENTATI 7 /2i z ACORD 23-5 3188 ACORD CORPORATION 1988 00 CERTIFICATAF ISURANCE ISSUE DATE (MM/DD/YY) 4/23/92 ce PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, I ! Robert P. Brady Agency,Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW i 487 New York Avenue COMPANIES AFFORDING COVERAGE Huntington, NY 11743 i CODE SUB -CODE INSURED East Area General Contractors Inc. 823-C North Highway Southampton, NY 11968 COMPANY A LETTER Continental Insurance Company COMPANY B LETTER Allstate Insurance Company COMPANY G. LETTER United States Liability Insurance Co. COMPANY D LETTER The State Insurance Fund COMPANY E LETTER Zurich •..COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER iLTR POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 1, 000, 0g0 CLAIMSMADE X OCCUR. 11CLP05128490-92 10/1/91 10/1/92 PERSONAL& ADVERTISING INJURY $ 1,000,0 0 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000:0 , 000 , O10 FIRE DAMAGE (Any one fire) $ 50,000 MEDICAL EXPENSE (Any one person) $ 5, OLIO AUTOMOBILE LIABILITY COMBINED SINGLE $ I ANY AUTO LIMIT B X ALL OWNED AUTOS 57381930BAAR 6/6/91 6/6/92 BODILY INJURY $ 250,000 SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY $500,000 X NON -OWNED AUTOS (Per/accident) GARAGE LIABILITY PROPERTY $100,000 DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE C X AUTO EXCESS AEI -23-473 7/18/91 7/18/92 $1,000, $1,000, OTHER THAN UMBRELLA FORM I WORKER'S COMPENSATION STATUTORY $ 100, (EACH ACCIDENT) AND D 982886-4 8/5/91 8/5/92 $ 500, (DISEASE—POLICY LIMIT) EMPLOYERS' LIABILITY $ 100, (DISEASE—EACH EMPLOYEEN OTHER DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Job: Construction of new rest room facilities Southold Town Beach, Rt. 48, Southold, NY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Town Of Southold EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Main Road MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Southold, NY 11971 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORI D R ESENTATI !i i ACORD 25-S (3/88) A OACORD CORPORATION 1988 Tf H E Is A M E R I C A N 0 I N S T I T U T E 0 A A R C H I T E C T S AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the 29th day of April in the year of Nineteen Hundred and Ninety -Two BETWEEN the Owner: Town of Southold, a municipal corporation existing pursuant to (Name and address) the laws of the State of New York, with its principal offices located at Town Hall, 53095 Main Road, Southold, N.Y. 11971. and the Contractor: East Area General Contractors, Inc. (Name and address) 823—C North Highway Southampton, N.Y. 11968 The Project is: Restroom Facilities at Southold Town Beach, (Name and location) County Route 48, Southold, N.Y. 11971 . The Architect is: James A. Richter, R.A. (Name and address) Southold Town Engineering Department Peconic Lane Peconic, N.Y. 11958. The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. yi ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), i Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and t Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached a.� to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. pP In addition, the contract documents shall consist of the Town Board's resolution of April 7, 1992, a copy of which is annexed hereto. ARTICLE 2 f i) THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in jI the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will he fixed in a notice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than June 15, 1992. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of cer- tain portions of the Work, if not stated elsewhere in the Contract Documents.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA© • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Twenty-two Thousand Six Hundred Fourteen and no/100------------------- Dollars ($22 5614.00 ), subject to additions and deductions as provided in the Con- tract ocuments. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) IZIGIM 4.3 Unit prices, if any, are as follows: NONE AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: owner 5.3 Provided an Application for Payment is received by the a not later than the Iast day of a month, the Owner shall make payment to the Contractor not later than the fifteenth (15th) day of the ensuring month. If an Application for Payment is received by the ;kTu##PL4 after the application date fixed above, payment shall be made by the Owner not later than fourteen (1 4 ) owner days after the Azgl#wer-receives the Application for Payment. owner 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of ten percent ( 10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute maybe included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ten percent ( 10 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety percent( 9 0 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (lf it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subpara- graphs 5.6. t and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) NONE AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA" • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 4 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury taws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers) 7.3 Other provisions: NONE ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions, 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT At 01 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1957 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200(6 A101-1987 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Title Pages Specifications Restroom Facilities: Sections A - N Town Beach Sections 1000 - 15100-1 County Rte. 48 Southold, New York 11971 January 21, 1992 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • 9.1.5 The Drawings are as follows, and are dated (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title C/P 1 Restroom Facilities Al Restroom Facilities 9.1.6 The addenda, if any, are as follows: Number NONE Date 0 unless a different date is shown below: Date 1/21/92, Revised: 2/19/92 January 21, 1992 Pages Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 % WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER FOLKcOGy o � z OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 7, 1992: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of East -n-n- General Contractors, Inc., Southampton, in the amount of $22,614.00, for furnishing all labor, materials and equipment for the construction of New Restroom Facilities at the Southold Town Beach, all in accordance with the bid specifications. Judith T. Terry Southold Town Clerk April 8, 1992 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents whicb are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) The Southold Town Board's resolution of April 7, 1992, a copy of which is annexed hereto. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER (Signature) CONTRACTOR (Signature) Scott Louis Harris, Supervisor Michael Broidy, Owner (Printed name and title) (Printed name and title) Signed: May 7, 1992 I I CAUTION: You should sign an original AIA document which has thi caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2ooO6 A101-1987 8 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 14, 1992 Michael Broidy East End General Contractors, Inc. 823-C North Highway — - - Southampton, New York 11968 Dear Mr. Broidy: 0 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 The Southold Town Board, at their regular meeting held on April 7, 1992, accepted your bid in the amount of $22,614.00 for furnishing all labor, materials and equipment for the construction of New Restroom Facilities at the Southold Town Beach, all in accordance with the bid specifications. The certified resolution is enclosed herewith. Also enclosed is the "General Conditions of the Contract for Construction" portion of the bid documents which provides the necessary information for the necessary bonds and insurance to be provided to this office prior to executing a contract. Once you have secured those documents, please contact me and I will make the arrangements for signing the contract. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Comm. of Public Works Jacobs JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 10, 1992 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Thomas Pagnotta Pagnotta Construction Corp. 1863 Pond Road, Suite 5 Ronkonkoma, New York 11774 Dear Mr. Pagnotta: The Southold Town Board, at their regular meeting held on April 7, 1992, accepted the bid of East End General Contractors, Inc., Southampton, New York, in the amount of $22,614.00, for the construction of New i Restroom Facilities at the Southold Town Beach. Returned herewith is your 5% Bid Bond. Thank you for submitting i a�I your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure International Fidelity Insurance Company 24 Commerce Street, Newark, New Jersey 07102 KNOW ALL MEN BY THESE PRESENTS, THAT PAGNOTTA CONSTRUCTION hereinafter called Principal, and International Fidelity Insurance Company, 24 Commerce Street, Newark, New Jersey 07102 , hereinafter called Surety, are held and firmly bound unto TOWN OF SOUTHOLD as Obligee in the penal sum of 5% OF THE AMOUNT BID for the payment of which sum well and truly to be made, the said Principal and Surety bind ourselves, our heirs, our executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for RESTROOM FACILITY AT SOUTHOLD TOWN BEACH COUNTY RTE 48 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 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 failure of the Principal to enter such Contract and give such bonds 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 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 27TH day of MARCH , 1992 Z� 7�:> Principal A G_ st BY: Internati est r BY: . PES J. nsurance Comaa UAVELLA Attorney in Fact JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 10, 1992 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 ARTCO Drainage Corp. P.O. Box 1132 Mattituck, New York 11952 Gentlemen: The Southold Town Board, at their regular meeting held on April 7, 1992, accepted the bid of East End General Contractors, Inc., Southampton, New York, in the amount of $22,614.00, for the construction of New Restroom Facilities at the Southold Town Beach. Returned herewith is your $1,421.36 bid check. Thank you for submitting your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure 11 OFFICIAL CHECK NEW YORK,N Y. PAY . SU 005193 Fox r � TO THE ORDER OF /- n ?'�nn•'1 AUTHORIZED SIGNATURE 11800 5 i9 311' 1:02100001131: 1100000 9 9 5 5 1 711' 1-1 210 Fox r � TO THE ORDER OF /- n ?'�nn•'1 AUTHORIZED SIGNATURE 11800 5 i9 311' 1:02100001131: 1100000 9 9 5 5 1 711' JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 10, 1992 LSM Development Corporation 815 Pleasure Drive Riverhead, New York 11901 Gentlemen: The Southold Town Board, at their regular meeting held on April 7, 1992, accepted the bid of East End General Contractors, Inc., Southampton, New York, in the amount of $22,614.00, for the construction of New Restroom Facilities at the Southold Town Beach. Returned herewith is your 5% Bid Bond. Thank you for submitting your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure !� C.& F Commercial arance a Crum and Forster organization Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we LSM DEVELOPMENT CORPORATION D/B/A/ PINNACLE CONTRACTING 815 PLEASURE DRIVE RIVERHEAD NY 11901 - as Principal, hereinafter called the Principal, and WESTCHESTER FIRE INSURANCE COMPANY 518 Stuyvesant Avenue, P.O. Box 615 Lyndhurst, New Jersey 07071-9836 :7 Administrative Office: 518 Stuyvesant Avenue P.O. Box 615 Lyndhurst, NJ 07071-9836 Bond No. WF -00032933 a corporation duly organized under the laws of the State of New York as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NY 11971 - as Obligee, hereinafter called the Obligee, in the sum of 5/ of bid not to exceed Two Thousand and 00/100 Dollars ($ *******$2,000.00), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for BEACH RESTROOM FACILITY AT SOUTHOLD PUBLIC BEACH COUNTY ROUTE 48 SOUTHOLD NY 11971 NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Bond WF -00032933 has been signed, sealed and dated 04/02/1992. (Wine s) fitness) LSM DEVELOPMENT CORPORATION D/B/A/ 'INNACLE COTRACTING By ��Pif• (Title) WESTCHESTER FIRE INSURANCE COMPANY Alice M. Ventresca Attorney -in -Fact AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE. N.W., WASHINGTON. D.C. 20006 B22 JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 10, 1992 Robert W. Johnsen 4300 Soundview Avenue Southold, New York 11971 Dear Mr. Johnsen: The Southold Town Board, at their regular meeting held on April 7, 1992, accepted the bid of East End General Contractors, Inc., Southampton, New York, in the amount of $22,614.00, for the construction of New Restroom Facilities at the Southold Town Beach. Returned herewith is your $1,725.00 bid check. Thank you for submitting your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 10, 1992 State of the Art Construction Co. 1 Ritter Avenue Amityville, New York 11701 Gentlemen: The Southold Town Board, at their regular meeting held on April 7, 1992, accepted the bid of East End General Contractors, Inc., Southampton, New York, in the amount of $22,614.00, for the construction of New Restroom Facilities at the Southold Town Beach. Returned herewith is your 5% Bid Bond. Thank you for submitting your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure � TFj6 AMERICAN INSTITUTE QF ARCHITECT'S AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we STATE OF THE ART CONSTRUCTION CO. , 1 RITTER AVE., eAMI full %ILLE,addNY air1ega01 title of Contractor) as Principal, hereinafter called the Principal, and 7/ (Here insert full name and addr,:ss or legal title of Surety) INTERNATIONAL MELITY 7. INSURANCE COMPANY 24 COMMERCE ST, NEWARK, NJ 07102 a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) Town of Southold as Obligee, hereinafter called the Obligee, in the sum of 5% of Amount Bid Dollars ($ 5% ), 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 or project) Construct new men's & women's bathrooms at Town Beach. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obfigee 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 31st day of March 19 92 ncieab- I 1 \ (Seal) IPIT=TATIONA.L DE ITY INSZR31VCE COMPANY (Surety) (Seal) CHERESA S BURKE itfe) ATTORNEY—N—FACT AIA DOCUMENT A310 • BIO SONO • AIA 0 • FE3RUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. ZOW6 1 JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 10, 1992 Eugene Mazzaferro, Vice President Mazzaferro Bros. Inc. 200 Seventh Street Greenport, New York 11944 Dear Gene: The Southold Town Board, at their regular meeting held on April 7, 1992, accepted the bid of East End General Contractors, Inc., Southampton, New York, in the amount of $22,614.00, for the construction of New Restroom Facilities at the Southold Town Beach. Returned herewith is your $2,000.00 bid deposit check. Thank you for submitting your bid on this project. Very truly yours, XIK--14W I--- �" Judith T. Terry Southold Town Clerk Enclosure 0 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 10, 1992 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Donald J. O'Hanlon Carter-Melence, Inc. P.O. Box 907 Sound Beach, New York 11789 Dear Mr. O'Hanlon: The Southold Town Board, at their regular meeting held on April 7, 1992, accepted the bid of East End General Contractors, Inc., Southampton, New York, in the amount of $22,614.00, for the construction of New Restroom Facilities at the Southold Town Beach. Returned herewith is your $6,500.00 Bid Bond. Thank you for submitting your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure A AMERICAN INSTITUTE @F ARCHITECT, 5 AIA Document A370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Carter—Melence , Inc. (Mere insen full mase and address or legal tide of contraCtOd 104 New York Avenue, Sound Beach, New York 11789 as Principal, hereinafter called the Principal, and International Fidelity Insurance Company (mere'""" full name and addrrts•or Saga bele of Ssrety) 24 Commerce Street, Newark, New Jersey 07102 a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold (Mere intent full came and address or legal tide of Owner? Town Clerk, 53095 Main Road, Southold, New York 11971 as Obligee, hereinafter called the Obligee, in the sum of ***10% of the amount of the bid not to exceed six thousand five hundred dollars & 00/100*** Dollars ($ (5,500.00 ), for the payment of which sum well and truly to be made, the said Principal and the .said Surety, "bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Mere insert full nan+e, address and description of project) General Construction Work, for New Rest Room Facilities at Southold Town Beach County Road 48, Southold, New York 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 goad 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 2nd day of April 19 92 Carter-Melence, Inc. Ad'yp't ('fax n 1 (Priv paD (Seal) (Witness) i .J 04 041 1 Bid Date:O -02-92 (Tide) . Bond Amt:10% of $65,000.00 ` International Fidel' y Insura/ Company -%///%.O.f�//12.�.� ��L%(/(/t.>%•✓-liLf� .. - re ) (Seal) (witness) Denise Alexanian Attorney -In -Fact AIA DOCUMENT Alto • BIO BOND • AIA ,9 • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS. 1775 N.Y. AVE., N.W., WASHINGTON, 0. C. 20006 0 0 JUDITH T. TERRY v Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 10, 1992 Robert M. Panchak, Vice President South Fork Asphalt Corp. P.O. Box 2028 East Hampton, New York 11937 Dear Mr. Panchak: The Southold Town Board, at their regular meeting held on April 7, 1992, accepted the bid of East End General Contractors, Inc., Southampton, New York, in the amount of $22,614.00, for the construction of New Restroom Facilities at the Southold Town Beach. Returned herewith is your 5% Bid Bond. Thank you for submitting your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe South Fork Asphalt Corp. Springs—Fireplace Rd. PO Drawer 2028 (Here insert full name and address or legal title of Contractor) East Hampton, NY 11937 as Principal, hereinafter called the Principal, and The Home Indemnity Company 80 Pine St. (Here insert full name and ad ress or Icgal title of Surety) New York, NY 10005 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of 5% of the amount bid - Dollars ($ 55-- ), 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 descriptionof project) rest room facilities at Town Beach, County Road 48, Southold 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 gond 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 Priincipal 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 ramain in full force and effect. Signed and sealed this 1st day of April 12 19 92 f South Fork Asphalt.Co (Princi al (Seal) fitness) (Title) (Seal) (Witness) LoisiMcCord AEENrnev-in-Fact AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 10, 1992 W.H.M. Plumbing & Heating Contractors, Inc. 6H Enterprise Drive East Setauket, New York 11733 Gentlemen: The Southold Town Board, at their regular meeting held on April 7, 1992, accepted the bid of East End General Contractors, Inc., Southampton, New York, in the amount of $22,614.00, for the construction of New Restroom Facilities at the Southold Town Beach. Returned herewith is your 5% Bid Bond. Thank you for submitting your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 KNOW ALL MEN BY THESE PRESENTS, that we W.H.M. PLUMIDll & HRATDC CONIRAC MS, IW_. (Here insert full name and address or legal title of Contractor) 6H FN KRPRTSE DRIVE gp,ST ffi7XX T, NY J 1733 as Principal, hereinafter Carle the Principal, an (Here insert full name and address or legal title of Surety) FTI1F'r= AND DEPOSIT OWANY OF M MAM 300 X"MACRFS DRIVE, Bi1lQ�'IL�[a NJ U7�03 a corporation duly organized under the laWS oft a State of MARYI" as Surety, hereinafter called the Surety, are held and firmly bound unto BALTIMM TOW OF SOUTHID (Here insert full name and address or legal title of Owner) 53095 MAIN ROIAD, SWMD, NY 11791 as Obligee, hereinafter called the Obligee, in the sum of FIVE Ply (52) OF TOM AM)(11+TI BID MM 001100 Dollars ($ 5Z ), 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) Southold Town Beach 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 Obligie 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 2nd day of April 1992 n W.H.kA PLACUC Sr QRS, IF, 9 5' i al) (Seal) cip i 7 Lc-�- (Witness) By r! J (Ti e FIDELZIY AND DEPOSIT OF MARYFAND e (5 (Seal) By ss) t SuIsart Hamel, (Wit ALTO -Surety _ i A. Amatull ( itle) Attorney-Irr•Fact AIA DOCUMENT A310 • BID BOND • AIA 0 • 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. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER �oc��FFOLK��Gy o ME tip 4 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 6 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 7, 1992: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of East End General Contractors, Inc., Southampton, in the amount of $22,614.00, for furnishing all labor, materials and equipment for the construction of New Restroom Facilities at the Southold Town Beach, all in accordance with the bid specifications. Judith T. Terry Southold Town Clerk April 8, 1992 0 SPECIFICATIONS _.RESTROOM FACILITIES: _ TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 JANUARY 21, 1992 STED SOUTHOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC, NEW YORK 11958 516 - 765 - 3070 PROJECT DESCRIPTION RESTROOM FACILITIES COUNTY TRE. 48, SOUTHOLD, NEW YORK THIS PROJECT INCLUDES THE CONSTRUCTION OF A 12' x 20' ONE STORY CONCRETE BLOCK RESTROOM. FOUNDATION: WALLS: FLOOR: STRUCTURAL FRAMING: ROOF: DOORS: PLUMBING: SEPTIC SYSTEM: SITE WORK: CONCRETE FOOTINGS 8" CONCRETE MASONRY UNITS 4" CONCRETE SLAB 2 x 6 CCA TREATED JOISTS ASPHALT ROOF SHINGLES HOLLOW METAL DOORS & FRAMES SYSTEM DESIGNED BY CONTRACTOR IN ACCORDANCE WITH SPECIFICATIONS SEPTIC TANK & LEACHING POOLS INCLUDES ALL NECESSARY EXCAVATIONS, UTILITIES, FILL, PAVING AND SLABS. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT: STED, PECONIC LANE, PECONIC, NEW YORK 11958. ATTENTION - JAMES A. RICHTER - TELEPHONE - 516 765 3070 The foregoing Project Description is provided for general information only. It is not a part of Contract Documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid A - 1 through A - 1 Instruction to Bidders B - 1 through B - 3 Index to Drawings C - 1 through C - 1 Proposal Form D - 1 through D - 2 Statement of Non -Collusion E - 1 through E - 2 N.Y.S. Affirmative Action Certification F - 1 through F - 1 AIA Bid Bond AIA Document # A310 Offer of Surety G - 1 through G - 1 GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions AIA Performance Bond Maintenance Bond General Release Prevailing Wage Rates Conpliance with the Labor Law & other Dept. of Labor Regulations Non -Discrimination Clause DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Applicable Codes Construction Facilities and Temporary Controls Substitutions DIVISION TWO - SITEWORK Site Preparation Earthwork Paving and Surfacing DIVISION THREE - CONCRETE Concrete AIA Document # A201 H - 1 through H - 2 AIA Document # A311 J - 1 through J - 2 K- 1 through K - l l L - 1 through L - 36 M - 1 through M - 10 N - 1 through N - 2 1010 - 1 through 1010 - 1 1080 - 1 through 1080 - 1 1500 - 1 through 1500 - 1 1600 - 1 through 1600 - 2 2100 - 1 through 2100 - 1 2200 - 1 through 2200 - 3 2500 - 1 through 2500 - 1 3000 - 1 through 3000 - 2 A 0 INDEX TO SPECIFICATIONS (continued) i DIVISION FOUR - MASONRY Mortar 4100 - 1 through 4100 - 1 Masonry 4200 - 1 through 4200 - 1 DIVISION FIVE - METALS I i I Miscelaneous Metals 5500 - 1 through 5500 - 2 j DIVISION SIX - WOOD AND PLASTIC t Rough Carpentry 6100 - 1 through - 6100 - 2 a i 3i DIVISION SEVEN - THERMAL & MOISTURE PROTECTION Asphalt Roofing 7500 - 1 through 7500 - 1 A DIVISION EIGHT - DOORS & WINDOWS i +' Metal Doors & Frames 8100 - 1 through 8100 - 2 i Finish Hardware 8700 - 1 through 8700 - 2 i DIVISION NINE - FINISHES j Painting 9900 - 1 through 9900 - 3 g DIVISION TEN - SPECIALTIES Toilet and Specialty Accessories 10800 - 1 through 10800 - 2 i 1 DIVISION ELEVEN - EQUIPMENT jiThis Division Not Used INDEX TO SPECIFICATIONS (continued) DIVISION TWELVE - FURNISHINGS This Division Not Used DIVISION THIRTEEN - SPECIAL CONSTRUCTION This Division Not Used DIVISION FOURTEEN - CONVEYING SYSTEMS This Division Not Used DIVISION FIFTEEN - PLUMBING Plumbing 15100 - 1 through 15100 - 1 DIVISION SIXTEEN - ELECTRICAL . This Division Not Used 9 INVITATION TO BID PROJECT: RESTROOM FACILITIES - SOUTHOLD TOWN BEACH COUNTY RTE. 48, SOUTHOLD, NEW YORK The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of New Restroom Facilities at the Southold Town Beach on County Rte. 48, in accordance with the Drawings & Specifications prepaired by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York. 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, April 2, 1992. All specifications are provided herein: drawings to be attached. 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. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not. Dated: MARCH 10, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk RESTROOM FACILITIES A - 1 0 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accurdance with the "Proposal Form" provided. The bidders shall write in ink, both in words and numerials, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, 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 quantities will be held until 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 AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find 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 Architect who may issue a written instruction to all bidders. RESTROOM FACILITIES B - 1 0 0 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of Contract will be made as soon as practicable. A Contract may be awarded to a responsible bidder other that the lowest money bidder, if it is in the best interests of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a Contract by successful bidder. The competency and responsibility of the bidder and his sub -contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard Form of Agreement Between Owner and Contractor (Stipulated Sum)". The Town will either award the project or reject all proposals received within fourty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his of her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposais are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, abscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond may be rejected, any proposal having interlineation, erasure or corrections may be rejected. RESTROOM FACILITIES B - 2 9 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 wirk within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract 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 with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of 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 thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLERE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the Norice to Proceed, given to him by the Town of Southold, shall complete the work within the calendar day limit as set forth by him in the Proposal, but not more than thirty (30) working days. RESTROOM FACILITIES B - 3 INDEX TO DRAWINGS CIVIL C/P 1 SITE PLAN - PLUMBING PLAN SANITARY SEPTIC SYSTEM PLAN & RELATED DETAILS ARCHITECTURAL A 1 PLANS, ELEVATIONS, DETAILS & NOTES RESTROOM FACILITIES C - 1 PROPOSAL FORM DATE: NAME OF BIDDER: 1�'t ✓-etc (�' �G �/ p ��-�� f t r7 C_ Soo a vi (q 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 JAN. 21, 1992 including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowled- gement 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 ihe proposes and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (see Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH & CONSTRUCT A ONE SOTORY CONCRETE BLOCK RESTROOM FACILITY. THE SIZE OF THE FACILITY SHALL BE 12' x 20' AND HAVE CCA TREATED WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 5 LEACHING POOLS. PATCH & REPAIR ALL PAVEMENT AND FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT:)IN. A000RDAnCE:RITIL,THE RESTROOM FACILITIES D - 1 CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITYIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: very -7-wo k J _ l L written in words) writt in nutdbers) 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. ,I Signature of Bidder: Business Address: 4� ' iL Som G144,9tV7 Telephone Number: Date: ` RESTROOM FACILITIES D - 2 6 STATEMENT OF NON -COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and 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 own 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 competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. RESTROOM FACILITIES E - 1 R E S O L U T I O N Resolved that 7 be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: / L S/l" bOdYt GLC t l i �< <S (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 !��J 14 i corporation at a meeting on the Board of Directors held on the ZS day of R a K-6,4 , 19 o( Z - (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 RESTROOM FACILITIES E - 2 • 0 NEVI YORK STATE AFFlR;:,U;: ACTION CERT IFiC.�TI0,j (TO BE COMPLETED BY EACH, BIDDER) Bidder's Certi5cctions: A bidder will not be eligible for awcrd ore contract under this Invitation For Bids unless such bidder has submitted as a pert of its 'rhe following certification, which will be deemed c part of the resulting contract: BIDDER'S CEI T IFICATION � Q (5idderj certifies that: 1, it intends to use -the follcwina listed construction trades in the `-,ork under the contract /i CL <e)4 13- ��/[� �i �Jc. (f ,,_ 4 -)� .—S ; and, 2. c. as to those trades set fertn in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassou-Suffolk County PIan it will comply with the said County* area within the scope of coverage of that Plcn, those trades being: 5Ci ✓! �n ✓' IJCp v1 ��_ r� 04./ vt, L ; and/or, 6. as to those trades for which it is required by these Bid Conditions to comply with Part If of these Bid Conditions, it adopts the minimum minority man- power utilization coals and the specific affirmative action steps contained in said Part II, for all construction work (both state cnd non -state) in the afore -mentioned area subject to these Bid Conditions, these trades beinc: and, 3. it Nvill obtain from each of its subcontractors and submit to the contracting or admin- istering agency prior to the cwcrd of any su6contrcctor under this contract the sub- contractor certification required by these Bid Conditions. (Sicnature of Auth rized Represen ti a or Bidder) RESTROOM FACILITIES F - 1 01 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 PFincipal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the 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 (Witness) (Witness) AIA DOCUMENT A310 • BID BOND • AIA 0 • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 (Principal) (Seal) (Title) (Surety) (Seal) (Title) WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. OFFER OF SURETY (To be Completed by Each Bidder) In the event the above Propos,^.[ is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond end/or bonds to protect labor and material men, the following surety: SURETY CCMPANY Sicned (Bidder) CERTIFICATE OF SURETY to be sianed by a duly authorized official, agent or attorney or the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's dame) (Surety will execute the Surety Bonds as herein Compan)) before provided. Signed: Autnorized Official, Agent, or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. RESTROOM FACILITIES G — 1 T H E A M E R I C A• I N S T I T U T E ii AIA Document A201 A R C H I T E C T S General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK " 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, © 1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, U.C., 20006. Reproduction of the material herein or sub.setruial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA" •J 1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 1 WARNING. Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Acceptance of Nonconforming Work ......... 9.6.6, 9.9.3, 12.3 Acceptance of Work ........... 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 Access to Work ........................... 3.16, 6.2.1, 12.1 Accident Prevention .............................. 4.2.3, 10 Acts and Omissions ... 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.2, 4.3.9,8.3.1,10.1.4,10.2.5,13.4.2,13.7,14.1 Addenda ..................................... 1.1.1,3 11 Additional Cost, Claims for ......... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Additional Inspections and Testing....... 4.2.6, 9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3.6, 4.3.8, 4.3.9, 8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3-3,4, 9.4, 9.5 Advertisement or Invitation to Bid ...................... 1.1.1 Aesthetic Effect ............................... 4.2.13, 4.5.1 Allowances ........................................ 3.8 All-risk Insurance ................................. 1 l .3.1 .1 Applications for Payment .. 4.2.5, 7.3.7, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.8.3, 9.10 1, 9.10.3, 9.10.4, 11.1.3, 14.2.4 Approvals .... 2.4, 3.3 3, 35, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, 42.7, 9.3.2, 11.3-1.4, 13.4.2, 13.5 Arbitration ..................... .i.1.4, 4.32, 4.3.4, -4.4.4, 4.5, 8.3.1, 10.1.2, 11.3.9, 1 1.3.10 Architect.......................................... 4.1 Architect, Definition of ............................... 4.1.1 Architect. Extent of Authority........ 2.4, 3.12.6, 4.2, 4.3.2. 4.3.6, -4.4. 5.2, 6.3, 7.1.2, 7.2.1, 7.3.6, 7.4, 9 2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8.2, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2. 1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 Architect. Limitations of Authority and Responsibility . 3.3.3, 3.12.8, 3.12.11, 4.1.2, 4.2.1, 4.2.2, 4.2.3, -4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 4.32, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architects Additional Services and Expenses .......... 2.4, 9.8.2, 11 .3.1 .1 , 12 2.1 , 12.2.4, 13.5.2, 13.5.3, 14.2. 1 Architect's Administration of the Contract .......... 4.2, 4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approvals 2.4, 3.5.1, 3.10.2, 3.12.6, 3. 12.8, 3.18.3, 4.2.7 Architects Authority to Reject Work .... 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright ................................. 1.3 Architect's Decisions.......... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6. 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Architect's Inspections ........... 4.2.2, 4.2.9, 4.3.6. 9.4.2, 9.82, 9.9.2, 9.10.1, 13.5 Architect's Instructions .. 4.2.6, 4.2.7, 4.2.8, 4.3.7, 7.4.1, 1 2. 1, 13.5.2 Architect's Interpretations ................. 4.2.11, 4.2.12, 4.3.7 Architects On -Site Observations ........ 4.2.2, t.2.5, 4.3.6, 9.42, 95.1, 9.10.1, 13.5 Architect's Project Representative 42.10 Architects Relationship with Contractor ....... 1.1.2, 3.2.1. 3.2.2, 3.3-3. 3.5.1, 3.7.3, 3.11, 3.12.8, 3.11 .1 I, 3.16, 3.18, 42.3, 4.2.-1. 4.1.6, 4.2.12, 52, 6.2.2, 7.3.4, 9.8.2, 1 23.7, 12.1, 13.5 Arc'hitect's Relationship with Subcontractors .... 1.1.2, 4 2.3, 4.2.-1, 4.2.6, 9.6.3, 9.6. 1, 11 .3.' Architects Representations ................. 9.-1.2, 9.5. 1. 9.10. 1 Arc hiicct's Sitc Visits ........ i.2.2, 4.2.5, 4.2.9, 4.3.6, 9. 4.2, 9.5, 1, 9.8.2,-9.9.2, 9.10.1, 13.5 Asbestos .......................................... 10.1 Anornc%s' FcCs ....................... 5.18.1, 9.10.2, 10.1.4 \w:ud of �,cparate Contracts ........................... 6. 1 . 1 Award of Subcontracts and Other Contracts for Portions of the Work .............................. 5.2 Basic Definitions ................................... 1.1 Bidding Itcyuirc nu nt> ............... I .1.1 , I .I 5.2.1 , 11 .4 1 Boiler and Machinery Insurance ..................... 11.3.2 Bonds.l.icn...................................... 9.10.2 Bunds, 1'rrlormance and Pan•ntc•nt ..... 7.3.6.-1, 9.10.3, 1 1 . 3.9, 1 I .•4 Building Permit .................................... 3.7.1 Capitalization ....................................... 1.4 Certificate of Substantial Completion .................... 9.8.2 Certificates for Payment ....... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3. 13 .7. 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval ..... 3. 12.1 1, 135.4 Certificates of Insurance 9.3.2, 9.10.2, 11.1.3 Change Orders...... 1.1.1, 2.4.1, 3.8.2.-1, 3.11, 4-2.8, -+.3.3.5.2.3, 7.1, 7.2, 7.3.2, 8,3.1, 9.3.1.1, 9.10.3, 11.3.1.2, 11-3.4, 1 t .3.9, 12.1.2 Change Orders, Definition of .......................... -2.1 Changes........................................... 7.1 CHANGES IN THE WORK .... 3.1 I, -12.8.7, 8.3.1, 9.3.1.1, 10.1.3 Claim, Definition of ................................. 4.3.1 Claims and Disputes ................ 4.3, 4.4, 4.5, 6.25, 8.3.2, 9.3.1.2, 9.3.3, 9.10.4. 10.1.4 Claims and Timely Assertion of Claims ................ 4.5.6 Claims for Additional Cost ........ 4.3.6, 4.3.7, 4.3.9.6.1. I. 10.3 Claims for Additional Time ............ 4.3.6, 4.3.8, 4.3.9, 8.32 Claims for Concealed or Unknown Conditions ........... 4.3.6 Claims for Damages... 3.18, =4.3-9, b.l.l, 6.2.5, 8.3.2. 9.5.1.2, 10.1.4 Claims Subject to Arbitration ................. 4.3.2. 4.4.4, 4.5.1 Cleaning Up ........... ....................... 3.15, 6.3 Commencement of Statutory Limitation Period .......... 13.7 Commencement of the Fork, Conditions Relating to ....... 2.1.2. 2.2..1, 3.2.1, 3.2.2, 1.7.1. ;.10.1, 3-12.6, 4.3.7. 5.2.1, 6. 2.2, 8.1.2, 8.2.2, 9.2. 11.1.3, 11.3.6. 11.4.1 Commencement of the Work, Definition of ................ 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4. 5.2.1 Completion, Conditions Relating to ....... 3. 11, 1. 15, 4.2.2, 4.2.9, 4.3.2, `).4 2, 9-8. 9.9.1, 9. 10, 11.35, 12.2.2. 13.7.1 COMPLETION, PAYMENTS AND ......................... 9 Completion, Substantial ......... 1."L.9, a.35Z, 8. 1.1, 8.1.3, 8.2-3, 9.8, 9.9.1, 122.2, 13.7 Compliance with Laws ...... 1 3, 3.6, 3 '. 3.13, t. L1, 102.2. 11. 1, 1 1 .3 , 13.1, 13.5.1, 13-5.2, 13.6 , 1 i . t . l , 14.2.1.3 Concealed or Unknown Conditions ..................... 4.3.6 Conditions of the Contract .................. 1.1.1, 1. I 6.1.1 Consent, Written .................. 1.3.1, 3.12.8, 3.14.2, 4.12, 4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3,10 1.2. 10.1.3, 11.3.1. 11.3.1.4, 11.1.11. 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4, 6 Construction Change Directive, Definition of .............. ,.3.1 Construction Change Directives .... 1.1.1, 4.2.8, 7.1, 7.3, 9.3.1.1 Construction Schedules, Contractor's ............... 3.10, 6.1.3 Contingent Assignment of Subcontracts ................ 5.4 Continuing Contract Performance .................... 4.3.4 Contract. Detinition of ......... ..................... 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. +.3.7, 5.4.1.1.14 Contract Administration 3.3.3, 1, 9.4, 95 Contact Award and LNCCU[1on, Conditions Relating to ...... 3.,.1 , 3.10, 5.2, 9.2, 11.1.3, 11.3.6. 11.4 .1 Contract Documents, The ... ..... ...... ..... 1.1, 1 '. 7 Contract Documents, Copies Furnished and Use of. . . 1.3, 2.2.5. 5.3 Contract Do(uments, I )c1inition of .................. Contract Perlorntance During Arbaoatton ............ 4.3.4, 45.3 Contract Sum ................... 3.8, 4.3.6, 4.3.7, -1.4.4. 5.2.3, 6, I _J, 7. 2, '.3, 9.11 9.-, 1 1 .3.1, 122.4, 12.3, 142.4 Contract Sum, Ucfinii ion of ............................ 9.1 C:unu'act Tillie ................. 4.3.0, 4.3.8. 4.1.4. -.2.1.3, '.3, 8.2.1. 8.3.1, 9.-, 12. 1.1 Contract Time, Definition of .......................... 8.1.1 AIA DOCUMENT A201 • (;FNERAL CONDITIONS OF TH1'. CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION Z A201-1987 AIA" • 71987 TI IE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.%X , WASIUNGTON, DC, 2(KX)O WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CONTRACTOR ....................................... 3 Contractor, Definition of ......................... 3.1, 6.1.2 Contractor's Hid .................................... 1.1.1 Contractor's Construction Schedules ............. 3.10, 6, l .3 Contractors L'tnployees ....... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Contractor's Liability Insurance ....................... 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2.4, 6, 12.2.5 Contractor's Relationship with Subcontractors ....... 1.2.4, 3.3.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship with the Architect .... 1.1.2, 3.2.1, 3.2.2, 3.3.3,3.5.1,3.7.3,3.11,3.12.83.16,3.18,4.2.3,4.2.4,4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Contractor's Representations .. 1.2-2,3.5.1,_i.12.7,6.2.2,8.2.1,9.3.3 Contractor's Responsibilitv for Those Pertorming the Work ........... I ..... 3.32, 3. 18, 4.2.3, 10 Contractor's Review of Contract Documents ...... 1.2.2, 3 2, 3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractors Right to Terminate the Contract .............. 1 4.1 Contractor's Submittals ....... 3.10, i. 1 1 , 3.12, 4.2.7, 5.2.1 , 5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1 9.102, 9.10.3, 10.1.2, 11.4.2, 11.-4.3 Contractor's Superintendent ...................... 3.9, 10.2.6 Contractors Supervision and Construction Procedures...... 1.2.4. 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Contrae'tual Liability Insurance ................. 11.1.1.7, 11.2.1 Coordination and Correlation ............... 1.2.2, 1.2. i, 3.3.1, 3.10, 3.12.7, 0.1.3, 6.2.1 Copies Furnished of Drawings and Specifications ... 1.3, 2.2.5, 3.11 Correction of Work ..................... 2.3, 2.4, 4.2.1, 9.8.2, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Cost, Definition of ............................ 7.3.6, 14.35 Costs .... 2.-t, 3.2.1, 3.7.4, 3.8.2, 3.15.2, 4-3.6,4-3.7, 4.3.8.1, 5.2.3, 6.1.1 6. 2.3, 6.3, 7.3.3.3, 7.3.6, 7.3.7, 9.7, 9.8.2, 9. 10.2, 1 1.3.1 .2, 11 .3.1.3, 1 1.3.4, 11-3.9, 12.1, 12.2.1, 12.2.4, 12.2.5, 13.5, 14 Cutting and Patching ........................... 3.14, 6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Damage to the Work ..... 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for .. 3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10. 1.4 Damages for Delay .................... 6.1.1, 8.3.3, 9 5.1.6, 9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Date of Substantial Completion, Definition of .............. 8. l .3 Day, Dctinition of ................................... 8.1.4 Decisions of the Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification .......... 9.5, 9.7, 14.1. l .3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3, 2.4,3.5.1, 4.2.1, 4.2.6, 4.3.5, 9.5.2, 9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3 Detective Work, Definition of 3.5. 1 Definitions ...... 1. 1, 2.1.1, .3.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4.1.1, -1.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8.1, 9.1, 9.8.1 Delays and Extensions of Time .......... 4.3.1, 4.3.8.1, 4.3.8.2, 6.1.1, 6.2.3, -.2.1, T3.1, 7.3.4, 7.3.5, 7.3 8, 7.3.9,8.1.1,8.3, 10.3.1, 14.1.1.1 Disputes 4. 14, i.3, t. +, 4.5, 6.2.5, 6.3, 7.3.8, 9.3-1.2 Documents :md Samples at the Site ...................... 3. 1 1 Dr.mings. Dctinition of .............................. 1. 1 .5 Drat ings and Specifications, 1'se and ( )wncrship of..... 1 . 1.1, 1 .3, 2.2.5, 3.11, 5.3 Duty to Review Contract Documents and Field Conditions ..... 3.2 1{ftce'tiyc D-Ite of Insurance ...................... 8.2.2, l 1.1 2 Emergencies ................................. 4.3.7,10.3 Employees, Contractor's .......... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18.1, 3.18 ?, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Equipment, Labor, Materials and .......... 1 .1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.3. 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 11.3, 12.2.4, 14 Execution and Progress of the Work ....... L 1.3, 1.2-3, 3.2. 3.4.1, 3.5.1, 4.2.2, 4.2.3, 4.3.4, 4.3.8, 6.2.2, 7.1.3, 7.3.9, 8 2, 8.3, 9.5, 9.9.1, 10.2, 14.2, 14.3 Execution, Correlation and Intent of the Contract Documents .......................... 1.2, 3.7.1 Extensions of Time ............. 4.3.1, 4.3.8, 7.2.1.3, 8.3, 10.3 .1 Failure of Payment by Contractor .............. 9.5.1.3, 14.2.12 Failure of Payment by Owner ................ 4.3.7, 9.7, 1-4 1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ........ 4.2.1, 4.2.9. -1-3.2, -+.3.5, 9.10, 1 1.1.2, 11 .13, 11.3.5, 12.3.1, 13.7 Financial Arrangements, Owner's ...................... 1 2.2.1 Fire and Extended Coverage Insurance ................... 11.3 GENERAL PROVISIONS ................................ 1 Governing Law .................................... 13.1 Guarantees (See AWarranty and \Warranties) I \latcrials ............................ 10.1. 10.2.4 Identification of Contract DOCUMCntS 12.1 Identification of Subcontractorsand Suppliers ............. 5.2.1 Indemnification ....... i. 17, 3.18, 9. 10. 2. 10.1 .4, 1 1.3.1.2. 11.3.7 Information and Services Required of the Owner..... 2.1.2, 2.2, 1.3.-1, 6.1.3, 6.1.-1, 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2, 9.10.3. 10.1. t, 112, 1 1.3, 13.5.1. 13.5.2 Injury or Damage to Person or Property ................ 4.3.9 Inspcc'tions......................... 3.3.3. 3-i.4. 3.7.1. 4.2.2, -+.2.6, 4.2.9, 1.3.6, 9.-4 2, 9.8.2, 9.9.2, 9.10.1, 13.5 Instructions to Bidders ............................... 1.1.1 Instructions to the Contractor .... 3.8.1, -1.2.8, 5.2.1, 12. 1, 13.5.2 Insurance ....... 4.3.9. 6.1.1, ',3.6.4, 9.3.2, 9.8.2. 9.9.1, 9.10.2. 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability ...................... 11.1 Insurance, Eftcctive Date of ..................... 8.2.2, 11.1.2 Insurance, Loss of Use ............................. 1 1.3.3 Insurance, Owner's Liability .......................... 11.2 Insurance,Property ........................... 10.1 5,11.3 Insurance, Stored \latcrials .................... 9.3.2, 11.3-1.-4 INSURANCE AND BONDS ............................. 11 Insurance Companies, Consent to Partial Occupancy ..9.9.1, 1 1.3.11 Insurance Companies, Settlement with ................. l 1.3.10 Intent of the Contract Documents ................ 1.2-3, 3. 12.4, 4.2.6, -+.2.7, -1.2.12, -1.2.13. ?.4 Interest ........................................... 13.6 Interpretation ........ 1.2.5, 1 .-t, 1.5, 1. 11, -1.3.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written .................. .+.2.1 l,-4?.12, 4.3.7 Joinder and Consolidation of Claims Required ............. 45.6 Judgment on Final Award ................ 4.5. t , 4.5.4.1, 4.5.7 Labor and Materials, Equipment .... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.1_'.7, 3.1 2.t 1, 3.13, 3.15.1, ,t.2.7, 6.2.1, '.3.6, 9.3.2, 9.3.3, 12.2. -1. l4 I.ahorDisputcs..................................... 8.3.1 LaWS and RcgUlationS ....... 1.3,3.0.3.7,3.13, 9.9.1, 10.2.2, 1 1. 1, 1 1.3, 13. 1. 13.4, 13.5.1, 13.5.2, 13.6 Liens .................. 2. 1 .2, 4.3.2. -1.3.5.1, 8.2.2, 9.3.3, 9.10.2 Limitation on Consolidation or Joinder 4.5.5 1.Itnit.ltiOnA, "latUtCSot ................... .4.1.4?, 12.2.6, 13.7 Limitations of Authority .................... 3.3.1, -1. 1 .2, -12.1, 4.2.3, .1.2.7, 4.2.10, 5.2.2, 5?.4, 7.4, 11.3.10 AIA DOCUMENT A201 • GENERAL CONDITIONS OP THE CONTRACT FOR CONST RUCTION • FOUR1'FFNTH EDITION AIA-' • (<, 1087 THE AMERICAN INSTITUTE OF ARCIII'rECTS, 1735 NEW YORK AVENUE:, N.W., WAS IIING I ON, D. C. 21X)06 WARNING. Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 3 Limitations of Liability ..... 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.17,3.18,4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.10.4, 10.1.4, 10.2.5, 11.1.2, 11.2.1, 1 1.3.7, 13.4.2, 13.5.2 Limitations of Time, General ........... 2.2.1, 2.2.4, 3.2.1, 3.7.3, 3.8.2,3.10,3.12.5,3.15.1,4.2.1,4.2.7,4.2.11,4.32, 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, 81, 9.5, 9.6.2, 9.8, 9.9, 9.10, 11.1.3, 11.3.1, 11.3.2, 11.3.5, 11-3.6, 12.2.1, 12.2.2, 13.5, 13.7 Limitations of Time, Specific ......... 2.1.2, 2.2.1, 2.4, 3.10, 3.11, 3.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10,11.3.11,12.2.2,12.2.4,12.2.6,13.7,14 Loss of Use Insurance ............................. 11.3.3 .Material Suppliers .............. 1.3.1, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3.1, 9.3.1.2, 9.3.3, 9.4.2, 9.6.5, 9.10.4 Materials, Hazardous ........................... 10.1, 10.2.4 Materials, Labor, Equipment and .. - .. 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.123, 312.7, 3.12.11, 3.13, 3.15.1, 41.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 122.4, 14 Means, Methods, Techniques, Sequences and Procedures of Construction .......... 3.3.1, 4.2.3, 4.2.7, 9.4.2 Minor Changes in the Work .......... 1.1.1, 41.8, 4.3.7, 7.1, 7.4 MISCELLANEOUS PROVISIONS ........................ 13 Modifications, Definition of ........................... 1.1.1 Modifications to the Contract ........... 1.1.1, 1 .1.2, 3.7.3, 3. 11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7 Mutual Responsibility ................................ 6.2 Nonconforming Work, Acceptance of .................. 12.3 Nonconforming Work, Rejection and Correction of ........ 2.3.1, 4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3 Notice ............. 2.3, 2.4, 32.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, 3.12.9, 3.17, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 95.1, 9.6.1, 9.7, 9.10, 10.12, 10.2.6, 11.1.3, 11.3, 12.21, 12.2.4,13.3,13.5.1,13.5.2,14 Notice, Written ............... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9. 10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Notice of Testing and Inspections ................ 13.5.1, 13.5.2 Notice to Proceed ................................... 8.2.2 Notices, Permits, Fees and ...... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.22 Observations, Architect's On -Site ................. 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Observations, Contractor's ....................... 1.2.2, 3.2.2 Occupancyy ......................... 9.6.6, 9.8.1, 9.9, 11.3.1 1 Ort -Site Inspections by the Architect 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1 On -Site Observations by the Architect ......... 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 135 Orders, \('ritten ............ 2.3, 3.9, 4.3.7, 7, 8.22, 1.1 3.9, 12.1, 12.2, 13.5.2, 14 3.1 OWNER............................................. 2 Owner, Definition of ................................. 2.1 Owner, Information and Services Required of the ........ 2.1.2, 2.2, 1.3.4, 6, 9, 10.1.1, 111, 1 I._3, 13.5.1, 14.1.1.5, 14. 1.3 Owner's Authority ......... 3.8.1, -1.1.3, 4.29, 5.2.1, 5.2.4, 5.4.1, 7.3.1, 8.2.2, 9.3.1, 9.3.2, 11.4.1, 1 21.1, 135.2, 111, 11.3.1 0" financial Capability ................... 21. I, 11.1.1 .5 Owner's Liability Insurance .......................... 11.2 1 honer s Loss of Lse InSUrance ........................ 1 1.3.3 l )�� net's Relationship with Subcontractors ............... 1.1 .2, 5.2.1, 5.,1.1, 9.6.-1 Owner's Right to Carry Out the Work ........ 2.4, 12.2..i, 14.2.2.2 Owner's Right to Clean Up ............................ 6.3 Owner's Right to Perform Construction and to Award Separate Contracts ......................... 6.1 Owner's Right to Stop the Work ................... 2.3, 4.3.7 Owner's Right to Suspend the Work ..................... 14.3 Owner's Right to Terminate the Contract ................. 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents ................ L 1.1, 1.3, 2.25, 5.3 Partial Occupancy or Use ................. 9.6.6, 9.9, 11.3.11 Patching, Cutting and .......................... 3.14, 6.2.6 Patents, Royalties and .............................. 3.17 Payment, Applications for ................ 4.2.5, 9.2, 9.3, 9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.24 Payment, Certificates for ........... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1. 9.0.6, 9.7.1, 9.8-3, 9.10.1, 9.10.3, 13.7, 14.1.1-3, 14.24 Payment, Failure of .......................... 4.3.7, 95.1.3, 9.79 9.10.2, 14.1.1.3, 14.2.1.2 Payment, Final ............ -i.2.1, ti?.9, -4.3.2, 4.3.5, 9.10, 1 I.1 .2, 11 L i, 11-3.5, 12.3.1 Payment Bond, Performance Bond and .............. 7.3.6.4. 9.10.3, 11.3.9, 11.4 Payments. Progress 4.3.4, 9.3, 9.6, 9-8.3, 9.10.3, 13.6. 14.2.3 PAYMENTS AND COMPLETION ................... I .. 9, 14 Payments to Subcontractors .................... 5-4.2, 9.5.1.3, 9.61, 9.6.3, 9.6.4, 11.3.8, 142.11 PCB .............................................. 10.1 Performance Bond and Payment Bond ................. 7.3.6.4, 9.10.3, 11.3-9, 11.4 Permits, Fees and Notices ....... 22.3.3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlorinated Biphenyl ............................. 10.1 Product Data, Definition of .................... . ...... 3. 12.2 Product Data and Samples, Shop Drawings .... 3.1 1, 3.12, 4.27 Progress and Completion ................... .11.2, 4.3.4, 8.2 Progress Payments 4.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2 .3 Project, Definition of the ............................. 1.1.4 Project Manual, Definition of the ...................... 1.1.7 Project Manuals .................................... 2.25 Project Representatives ............................. 41.10 Property Insurance ........................... 10.25,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ............ 1.3, 3.6, 3.7. 3.13, 4.1.1, 4.5.5, 4.5.7,10.2.2,11.1,11.3,13.1,13..1,13.5.1,13.51,13.6,14 Rejection of Work ......................... 3.5.1, 41.6, 121 Releases of Waivers and Licns ......................... 9.10? Representations ......................... 111, 3.5.1. 3.12.7, 6.2.2, 82.1, 9.3.3, 9.4.2, 9.5.1, 9.8?, 9.10.1 Representatives ............................ 2.1.1, 3.1 I, 3.9, 4.1.1, 4.2.1, 4.2.10, 5.1-1, 5.1.2, 13.2.1 Resolution of Claims and Disputes .................. 4.4, 4.5 Responsibility for Those Performing the Work ............ 3.3 2, 4.2.3, 6.1.3, 61, 10 Retainage ............... 9.3.1, 9.6.2. 9.8.3, 9.9.1 , 9.10.2, 9, 10.3 Review of Contract Documents and Field Conditions by Contractor .... I ....... 1.2.2.3.2, 3.7.3, 3.12.7 Review of Contractor's SnbInittAS by Owner and Architect ............. 3.10.1, i. 101, 3.11, 3.12, -11.7, 42.9, 5.2.1, 5.23, 9.2 9.8.2 Review of Shop Dnm Ings, Product Data and Samples by Contractor ........................ 3.12.5 Rights and Remedies ............. 1 . 1 .2, 2.3, 2.4, 3.5.1. 3.151, 4.2.6,4.3.6,4.5,5.3,6.1,6.3,7.3.1,8.3.1,95.1,9.7, 10.2.5, 10.3, 12.22. 12.2.4, 13.4, 14 Royalties and Patents ............................... 3.17 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CON51'RUCl'ION • FOUR1 EENTH EDITION 4 A201-1987 AIA1 • (c) 1987 THE AMERICAN INSTH UTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(X)06 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Rules and Notices for Arbitration ..................... 4.5.2 Safety of Persons and Property ....................... 10.2 Safety Precautions and Programs ........... 4.2.3, 4.2.7, 10.1 Samples, Definition of .............................. 3.12 .3 Samples, Shop Drawings, Product Data and ... 3.1 1, 3.12, -1?.7 Samples at the Site, Documents and ................... 3.11 Schedule of Values ............................. 9.2,9 3 1 Schedules, Construction .............................. 3.10 Separate Contracts and Contractors .......... 1.1.4, 3.14.2, 4.2.4, 4.5.5, 6, 11.3.7, 12.1.2, 12.2.5 Shop Drawings, Definition of ......................... 3.12.1 Shop Drawings, Product Data and Samples .... 3.11, 3.12, 4.2.7 Site, Use of .............................. 3.13, 6.1.1, 6.2.1 Site Inspections ... 1.2.2, 3.3.4, 4.2.2, 4.2.9, 4.3.6, 9.8.2, 9.10.1, 135 Site Visits, Architect's ................. 4.2.2, 4.2.5, 4.2.9, 4.3.6, 9.4.2. 9S.1, 9.82, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing .............. 4.2.6, 12.2.1, 13.5 Specifications, Definition of the ....................... 1.1.6 Specifications, The .......... 1.1.1, 1.1.6, 1.1.7, 1.2.4, 1.3, 3.11 Statutes of Limitations .................... 4.5.4.2, 12.2.6, 13.7 Stopping the Work ............. 2.3. 4.3.7, 9.7, 10.1.2, 10. 3, 14.1 Stored Materials ........... 6.2.1, 9.3.2, 10.2.1.2, 11.3.1.4, 12.2.4 Subcontractor, Definition of ........................... 5. 1.1 SUBCONTRACTORS .................................. 5 Subcontractors, Work by .................. 1.2.4, 3.3.2, 3.12.1, 4.2.3, 5.3, 5.-1 Subcontractual Relations .............. 5.3, 5.4, 9.3.1.2, 9.6.2, 9.6-3, 9.0.4, 10.2.1, 1 1.3.7 , 11 .3.8 , l , i . 1. 1, 14.2.1.2, 14.3.2 Submittal..s ......... 1.3, 3.2.3, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, ,.3.6, 9.2, 9.3.1, 9.8.2, 9.9-I, 9.10.2, 9.10.3, 10.1.2, 11. 1.3 Subrogation, Waivers of ................. 6.1.1, 11-3.5,11.3.7 Substantial Completion ............. 4.2.9, 4.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of .................... 9.8.1 Substitution of Suhcontractors .................... 5.2.3, 5?.4 Substitution of the Architect ............................ 4.1.3 Substitutions of Materials ............................. 3.5.1 Sub -subcontractor, Definition of ....................... 5.1 Subsurface Conditions ............................... 4.3.0 Successors and Assigns ............................ 13.2 Superintendent ............................... 3.9, 10.2.0 Supervision and Construction Procedures ...... 1.2.4.3.3, 3.4, -4 2.3, 4.3.4, 6.1.3, 6?.4, 7.1. . 7.3.4, 8?, 8.3.1, 10, 12. I + Surety ............... 4.4.1, 4.4.4, 5.4.1.2, 9.10.2, 9.10.3, 14. 2.2 Surety, Consent of..... ......... 9.9.1, 9.10.2, 9.10.3 Survc\:s..................................... 2.2.2.3.18.3 Suspension by the Owner for Convenience ............. 14.3 Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspension or Termination of the Contract ...... 4.3.7, 5.4.1.1, 14 Taxes ...................................... 3.6,7.3.6.4 Termination by the Contractor ........................ 14.1 Termination by the Owner for Cause ............. 5.4.1.1, 14.2 Termination of the Architect ............. I ... I ........ 4.1 .3 Termination of the Contractor ........................ 14?? TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Tests and Inspections ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2.1, 13.5 TIME............................................... 8 Time, Delays and Extensions of .............. 4.3.8, 7.2.1, 8.3 Time Limits, Specific ......... 2.1.2, 2.2.1, 2.4, 3-10, 3.1 1, 3.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 45, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11-3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.+, 12J.0,13.7,14 Time Limits on Claims ......... 4.3.2, 4.3.3, 1 3.6, 4.3.9, -i.4, 45 Title to Work ................................. 9.3-2.93 3 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovering of Work ................................ 12.1 1'nforeseen Conditions 4.3.6, 8.3.1 , 10.1 Unit Prices .................................. 7.1.4, 7.3.3.2 Use of Documents ................. l .1. 1, 1.3, 2.2.5, 3.12.7, 5.3 Use of Site .............................. 3.13, 6.1.1, 6.2.1 Values, Schedule of ............................ 9.2, 9.3.1 Waiver of Claims: Final Payment ........... 4.3.5, 4.5.1, 9.10.3 Waiver of Claims by the Architect ...................... 13.4.2 VG'aivcr of Claims by the Contractor......... 9. 10. 4, 1 1.3.7, 13.x.2 \X'aiver of Claims by the O,'ner .............. 4. 5, 4.5.1, 9.9.3, 9.10.3, 1 1 .3.3, 11 3.5, 1 1 i.7, 13.4.2 Waiver of Liens .................................... 9.10.2 Waivers of Suhrogation ................... 6.1.1, 1 1 .3.5, 11.3.7 Warranty and Warranties ......................... 3.5, 1?.9, 4.3.5.3, 9.1,1, 9.8.2. 9.9.1, 12.2.2, 13.7.1.3 Weather Dcl:n.s................................... 4.3.8.2 When Arbitration May Be Demanded .................. 4.5.4 Work, Definition of ................................. 1.1.3 Written Consent .............. 1.3. 1, 3. 12.8, 3. 14.2, 4. 1 ?, 4.3.4, -+5.5, 9.3.2, 9.8.2, 9.9.1, 9.1(1.2. 9.10.3, 10.1.2, 10.1.3, 1 1 .3.1. 1 1 .3.1.4, 1 1.3.1 1, 11 2, 13.4.2 Written Interpretations ....... . ........... .t. 2.1 1, 4.2.12, 4.3. 7 Written Notice ........... 2.3. 2. 1, 3.9, 3.12.8. 3.1 2.9, -1.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2. 9.1.1, 9.5.1. 9.7, 9.10, 10,1 .2, 10.2.6, 11.1.3. It 3. 12.2.2, 12.2.-i, 13.3, 13.5?, 14 Written Orders .............................. 2, 3, 3. 9, 4.3 - 8.2.2. 11.3 1), 12.1, 12 2, 13.5.2, 1-1.3.1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT POR CONS IRUCTION • FOIRTFF.NTH EDITION AIA` • (% 198- "I'IIF. AMERI(;AN INSTITI'I'E OF ARCIIITECTS, 1735 NE\C' \'ORK A\"ENl'E, N.V('., \C'AStfING'1'ON, D.C. 2()()(16 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the .Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may he amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub - subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings arc the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as tieing necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work auTlong Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect arc instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them arnd will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall he returned or suitahly accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, arc for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub - subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 • GFNERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 6 A201-1987 AfAv • r�) 198' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(X)16 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Work without the specific written consent of the Owner a-nd Architect. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, sho),yn on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 in the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any'' and arti- cles such as ''the'' and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in ttic Agreement and is referred to throughout the Contract Documents as if singular in number. The term ''Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include it correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's Obligations under the Contract. (Nota: Unless such rcwsonahte eri(tence mere furnished on request prior to the execution o% the Agreement, the prosy)etitive contractor would not he r0pitrert to execute the Agreement or to commence the R"urk.f 2.2.2 "Ihc Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations fiar the site of the Projcct, and a legal description Of the site. 2.2.3 Exccpt for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner ~hall hectare and pay for necessary approvals, casements, assess - 16 ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner ,vith reasonable promptness to avoid delay in orderly progress of the \\ ork. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free Of charge, such copies Of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner Or by Separate Contractors), Article 9 (Payments and Completion) and Article I I (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated: however. the right of the Owner to stop the Work shall not give rise to a duty On the part of the Owner to exercise this right for the benefit of the Con- tractor or :any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry Out the Work in accordance with clic Contract Documents and fails v. ithin a seven-day period after receipt of ".riucn notice from the Owncr to commence and continue correction of such default or neglect xyith diligence and promptness, the Owner inav after such seven-day period give the Contractor a second written notice to correct Such deficiencies within a scconcf seven-day period. If the Contractor vyithin such second seven- day period after receipt Of such scconcf notice tails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall he issued deducting from p:nvments then or thereafter clue the Contractor the cost Of correcting such defi- ciencies, including cOnipcns:ation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are loth subject to prior approval of the Archi- tcc t. If payments then or thereafter due the Contractor are not sufficient to coyer such anwunts, the Contractor shall pay the difference to the Owncr. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person Or entity identified as such in the Agreement and is referred tO throughout the Contract Documents as if singular in numher. The term "Contractor" means the Contractor or the Contractors authorized representative. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONST'RI'CTION • FOURTEENTH EDITION AIA' • S 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AyENI'F. N.W., WASHINGTON, D. C. 2U(NK) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and kno-vingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefuliv compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instrtuc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and ( )missions Of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall riot be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 t'nless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation. and Other facilities and services necessary fur proper execution .and completion of the Work, -whether temporary Or permanent and whether Or not incorpo- rated ur to be incurpOratcd in the Work. 3.4.2 '1 he COntmctor shall enforce strict discipline and good order :)mong the Contractures employees and other persons c:urr•ing Out the Contract. The Contractor shall not permit cnlplowment of unfit persons or persons not skilled in tasks :a„igned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless other -vise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear :and tear under normal usage. If required by the Architect, the Contractor shall furnish satisLictor• evidence as to the kind and quality' of materials anet equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted -when bids are received or negotiations concluded, -vhcther or not yet effective or merely scheduled a) go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 l'nicss otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees. licenses and inspections necessary for proper execution and anmpletion of the I'Vork -which are customarily secured after execution of the Contract and -which arc legally required -when bids are received or nego- tiations COIICluded. 3.7.2 '['he Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities hearing on performance of the Work. 3.7.3 it is not the Contractor's responsibility to ascertain that the Contract Documents are in :accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations ,vithOUt such notice to the Architect and Owner, the Contractor shall assume full responsibility for such %York and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by alto-vanccs shall be supplied for such amounts and by such persons or entities as the O-vner nl:n' direct, but the Contractor shall not be required to employ persons Or entities against -which the Contractor makes reasonable ohiection. 3.8.2 Vnic.s.s otherwise provided in the Contract Documents .1 materials :and equipment under :u1 allowance shall be selected promptly by the O--'ner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor Of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; AIA DOCUMENT A201 • GENERAI. CONDITIONS OF TIIF CONI RACT FOR CONSTRt CIION • Iol'HTEEN"III EDITION 8 A201-1987 AIA" • ,c, 1` 87'rllE ANIF,RICAN INSI'I'rt'TE OF AKCHIl'E(:I'S, 17i5 NEVI' YOKK A\'ENUE, N.Vt'., V('ASIIINGTON. D.C. 200(X, WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 0 .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architec't's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- forniance charts, instructions, brochures, diagrams and other int iarmation furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 S:i mples are physical cx:uuples which illustrate materials, equipment or -,vorkmanship and establish standards by -hich the Work will he judged. 3.12.4 tihop Drawings, Product Data, Samples and similar sub- mittals arc not Contract Documents. The purpose of their sub- nlitrll N to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the I'Vork requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings. Product Data, tramples and simihir submittals, the Contractor represents that the Contractor has determined and verified materials, field meaSUrcments and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract DOCUInCt1[5. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Dra-,vings, Product Data, Samples or similar submitUdS unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect h:1s given written approval to the spcc'ific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible fOr cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partiAly completed construction Of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 • GENERAL CONDI'T'IONS OF ,rilE CONTRACT FOR CONSTRI'C'nON • FOURTEENTH EDITION AIA' • l')8- Ti1E AMERICAN INSTITUTE OFARCIII'I'E(:TS, 1735 NEW YORK AyENVE, N.W., WASHINGTON. D.C. 2(H)(X) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 9 44 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. -fhe Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnity and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indcmnificd hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limit tion on amount or type of damages, compensation or henefits payable by or for the Contractor or a Subcontractor under Nvorkers' or workmen's compensation acts, disability hcncfit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect .Is set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs -4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is clue and (3) with the ONyner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and Will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Wtxk, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or ocnissions of the Con - 10 A201-1987 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRI CT'ION • FOURTEENTH EDITION AIA''' • U 1987 "rilE AMERICAN INSTITUTE OF ARCliITFCfs, 1735 NEW YORK AVENUE, N.W., WASHINGTON. U.C. nxXK, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise .specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owners review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compli:utcc with the requirements of the Contract Documents. 4.2.10 It the Owner and Architect agree, the Architect will pro- vidc one or more project representatives to assist in carrying �• out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance udder and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no :agreement is made concerning the time within evhich interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not he liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- uation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim'' also includes other disputes and matters in ques- tion between the Ocvner and Contractor arising out of or relat- ing to the Contract. Claims must he made by written notice. The responsibility to substantiate Claims shall rest xvith the party making the Claim. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.a. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the (.late final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event ( l) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 3U days after the Claim is made, (4) 45 clays have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within 2 t clays after occurrence of the event giving rise to such Claim or within 21 clays after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONS'T'RUCTION • FOURTEENTH EDITION AIA' • , 198' Tiff: AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20(X)G WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 11 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. if con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ matcrialh and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 if the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be gwcn. The Contractor's Claim shall include in estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4,4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven clays, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notih, the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims rckting to aesthetic effect and except those waived as provided for in Subparagraph -1.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a derision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced schen •15 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. AIA DOCUMENT A201 • GFNF.RU. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 12 A201-1987 AIA` • ,IJ 1913' "I't1E AMERICAN INSTITUTE OF AR(:HITECTS, 1'35 NEVI' YORK AYENt1E. N.W., W'ASHIN(:TON, D.(:. !0(M WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 (lays' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5. t.: as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings bascd on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 1-).7. 4.5.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and anv other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor :Is described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor ora separate contractor :is described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The forc- going :agreement to arbitrate and other agreements to arbitratc with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files it notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When it party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon, it in accordance with applicable law in anv court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 L`nlcss otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after :sward of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those Nvho are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating xvhcther or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to it person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract SUM shall be increased or decreased by the difterence in cost occasioned by such change and an appropriate Change order shall be issued. However, no increase in the Contract Sun) shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CON'TRACT FOR CONSTRt'CTION - FOURTET.NTH EDITION AIA' - 198' THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allo iv to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identifv to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that dclav or additional cost is involved because of such action by the Owner. the Contractor shall make such Claim as provided c1sc- where in the Contract Documents. 6.1.2 V hen separate contracts are awarded for different por- liom of the Project or other construction or operations on the site, the term ''Contractor'' in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. F 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is tit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- hle therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pIcted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and it separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor hits reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises anwng the Contractor, separate con- tractors and the Owner as to the responsihility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRA( ,T F'OR CONSTRUCTION • FOURTEENTH EDITION 14 A201-1987 AIA'' • 'C, 198THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEVI' YORK AVENUE, N.W, WASHINGTON, D.C. 2oo(K, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- Icmplated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: a change in the Work; .2 the anu>unt of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for :adjustment, if any, in the Contract Sum or Contract Time, or hath. "I'he Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract "Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms Of a Change Order. 7.3.3 II' the Construction Change Directive provides for an adjusumcnt to the Contract Sum, the adju.Stment shall be based on one of the liOIlowing methods: .1 mu[ual accept:mce Of a lump sum properly itemized and suppOrted by sufficient suhstantiating data to per mit cv:luauion; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case Of an increase in the Contract Sum, a reasonable allowance I -or overhead and profit. In such case, and also under Clause 7.3-3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custorn, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or Others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute maty be included in Applications for Pa vincnt. The anuxuit of credit to be allowed by the Contrac- tor to the Owner fora deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of nct increase, if any, with respect to than change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Tintc or the meth(xl for determining it, the adju.Sunent or file method shall be referred to the Architect for determination. 7.3.9 \Filen the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sunt and Contract Tintc or otherwise reach agree- ment upon the adjusumcntS, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT" FOR CONS I RUCTION • FOUR'I'F.ENTH EDITION AIA1 • .1, 198- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.%X'., WASHINGTON, D.C. _!(K)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall he effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized- adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not he postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term ''day" as used in the Contract Documents shall mean calendar clay unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confines that the Contract Time is a reasonable period for performing the Work. 8.2.2 '1 he Contractor shall not knowingly, except by agree- ment or instruction Of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article I I to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes %which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such rcasonahle time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with aIpplicrblc provisions of Paragraph r. i. 8.3.3 This Paragraph 8.3 docs not preclude recovery of dam- ages for delay by Tither party under other provisions of the Contrlct )O UrnentS. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor S11.111 submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and Sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, Shall be used .is a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Pawmcnt for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported bw such data substantiating the Contractors right to pavmcnt as the ONvncr or Architect may require, such AS copies of requisitions from Subcontractors and material Suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such IppIiC tions maw include requests for payment ort account of changes in the Work which have been properly authorized by ConsD-uction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of anu)unts the Contractor does not intend to pay to a Subcontractor or nrrterial supplier bCCALISC of a dispute or other reason. 9.3.2 ['nles.s otherwise provided in the Contact Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for suhscquent incor- poration in the Work. If approved in advance by the Owner, pa} meat may similarly be made for materials and equipment suitahly stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall he conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site fix such materials and equipment stored off the site. 9.3.3 '['he Contractor .varra nts that title to all \Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon suhntittrl of an Application for Payment all Work for which Certificates for Payment have been prcwioush' issued and pavement, received from the Owner shall, to the hest of the Contractor's knowledge, information :ted belief, be free and cle:u' Of liens, claims, security interests or encumbrances in favor of the Contractor, SUbCOlttraclOrs, material suppliers, or other persons or entities nicking a claim by reason Of hawing pi ON labor, materials and equipment relating to the \Vork. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days anter receipt of the Contractor's Application for Payment, either issue to the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THF CONTRACT FOR CONSTRUCTION • rOURTF:ENTII EDITION 16 A201-1987 AIA" • 1, 19871 HE AMERICAN INSITIUTE OFARCHITECTS, 1-15 NEW YORK AVENUE, N W., WAS111NGTON, D.0 2111)(X) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. U Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount -,is the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part is provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) revic,xed copies of requisitions received from Subcontractors and material suppliers and other clata requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Surn. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently cliscovcred evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 detective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for Tabor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or .mother contractor: .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid halance would not be adequate to cover actual Or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance Nvith the Contract Documents. i 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previous(% withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the (honer shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with cacti Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise he required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract DOCUmCIIIS. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Pavment, through no fault of the Contractor, within seven clays after receipt of the Contractor's Application for Pavment, or if the Owner does not pay the Contractor within seven days after the (late established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional clays' written notice to the Owner and Architect, stop the (Fork until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents SO the Owner can occupy or utilize the Work for its intended use. 9.8.2 Whcn the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is suhstantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONS'lRUCTION - FOURTEENTH EDITION AIA' - ,-. 1987 THE AMERICAN INSTFITTE OF ARCtIITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20(X)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 17 nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Corn- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be Sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 1 1.3.1 l and authorized by public authorities having jurisdiction over the Work. Such Partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect 'the area to be occupied or portion of .the Work to be used in order to determine and record the condition of the Work. 9.9.3 Vriless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 ['poll receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application fin Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the ',Fork for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Suhcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the %York hilly completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is Tess than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance clue for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall nut constitute a waiver of chiI6. The making of final payment shall constitute a waiver of claims by the Owner as provided in SI -lb - paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor. a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time Of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph -4-3.5. 18 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION A201-1987 AIA" • 19137 TILE AMERICAN INST11 UTE OF ARCI IITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(XK)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 4 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection %with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected arca shall be resumed in the absence of asbestos or polychlori- nated hiphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance v,-ith final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article -I. 10.1.3 The Contractor shall not be required pursuant to Article to perform without consent any Work relating to asbestos or polychlorinatcd hiphenyl (PCB). 10.1.4 To the fullest extent permitted by I.nv, the Ovyner shall incicn)nifv and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performancc of the Work in the affected area if in fact the material is ashestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injur}- to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owncr or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party inclentnificd hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to at party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be aftected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub -subcontrac- tors; and .3 ()tiler property at the site ur adjacent thereto, such as tees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relo- cation or replacement 41 the course of construction. 10.2.2 The Contractor shall give notices and comply with applicahle laws, ordinances, rules, regulations and lawful orders Of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting clanger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the NVork, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anvone directly or indirectly employed by either of them, or by anyone for whose acts either of them may he liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractors obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall he the Contractor's superintendent unless otherwise designated by the Contractor in Nvriting to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set firth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone direCly or indirectly emploved by any of them, or by anyone for whose acts any of them may be liable: .1 ClAims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts \yhich are applicable to the Work to be performed; AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONST'RI'CTION - FOURTEENTH EDITION AIA' - '-,198- T11E AMERICAN INSTITt'T'E OF ARCIIITECTS, 1735 NEW YORK Ay ENI'E. N.W'., WASHINGTON, D.C. _!Ocx)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A291-1987 19 0 .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18 11.1.2 The insurance required by Subparagraph 1 1.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or clain)s-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be main- tained after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be tiled with the Owner prior to commencement of the Work. "These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at ]cast 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- abiw available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 Tile Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not he responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 t'nlcss othcrvise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do 1)IIFIi1CSs in the jurisdiction in which the Project is lorate(1, property insurance in the amount of the initial Con tract Sunt as 3ecii as suhsr(lucnt modifications thereto for the entire Work at the site on a replacement cost hasis without vol untmv dc(IuCUI)ICs. Such property insurance shall he main- runed, utiles othcryise provided in the Contract DOCIInIcllt5 or other\ise agreed in writing by all persons and entities who .,re hcneftciarics of such insurance, until final payment has been made as prix idcd in Paragraiph 9. Ill Or until no person or cntity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, \yhichewer is earlier. '['his insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Work. 11.3.1.1 Propert}• insurance shall be on aul all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including. without duplication of coverage, theft, vandalism, malicious mischief, collapse, false - work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall corer reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not he required unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor maw then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub - subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owncr to pur- chase Or maintain insurance as described athowc. without so notifying the Contractor, then the Owner shall hear all reason- able costs properly artribut.Ible thereto. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles acre identified in the Contract Docu- ments, the Contractor shall pay costs not cowered because of such deductibles. If the Owner or insurer increases the required mininuun deductibles above the amounts so identified Or if the Owner elects to purchase this insurance with yoluntar deduc- tible anuxu)ts, the O�,vner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the ACork stored off the site atter vwriucn approval of the O-,vncr at the value established in the approval, and also portions of the Work in transit. 11.3.2 Boiler and Machinery Insurance. The Oxwner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by lam, which shall specifically cover such insured objects during installation and until final acceptance by the O\ynet'; this insurance shall include interests of the Ovyner, Contractor, Subcontractors and Suh- subcontractors in the Work, and the Owner and Contractor shall he named insureds. 11.3.3 Loss of Use Insurance. The Owncr, at the Owner's option, man• purchase and maintain such insurance as will insure the Owner against Toss of use of the Owner's property due to fire Or other hazards, hoNyewer caused. The Oxyner w:tiwCS all i"Igh[S Of action AgJillSt the Contractor for loss of use of the Owner's property, including consequential losses due to lire Or other hazards however caused. 11.3.4 If the Connector requests in writing that insurattre for risks Other than those described herein or for other special haz- :uds be included in the property insurance policy, the O�yncr shall, if pOssihle, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change O rdcr. AIA DOCUMENT A201 • GENERAL CONDITIONS OF l'Ill: CONTRA(A' FOR CONSTRUC CION • Fol RTEENTII EDITION 20 A201-1987 AIA" • 19H-1 HE AMERICAN INSIITtTE OF AR(III'ITGFS, 1-35 NEW YORK AVENUE, N.W.• WASIIINGTON. 1) C. 300(X, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11 .3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub -subcontractors, agents and employees, each of the other, and (Z) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub -subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 1 1.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 1 1.3.10. The Contractor shall pay Sl1bCOntractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an -insured boss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- danCe with such agreement as the parties in interest may reach, Or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no Other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to he a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds Or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifici ly expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered ,vhich the Architect has not specifically requested to, observe prior to its being covered, the Architect man' request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of Uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall he responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Suhstantial Completion and whether Or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenseslnade necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date AIA DOCUMENT A201 - GENERAL CONDITIONS OFTHF. CONTRACT FOR CONST'RI'CTION - FOCRTFENTH EDITION AIA` - c 1`)87 THE A`tERICAN INSTITI'TE of ARCI11'I F.CT'S, 1735 NEVE' YORK AVENI'E, N.W'., %XASHING"FON, D.C. '0(9)0 WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 21 for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall he extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming %t'ork within a reasonable time, the Owner may correct it in accor- dance wtth Paragraph 2.4. If the Contractor does not proceed ,,yith correction of such nonconforming Work within a reason- able time Fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice. the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and d.unages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall he reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the ditterence to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal Of Work which is not in accordance with the requirements of the Con- tract Documents, 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other Obligations which the Contractor might have tinder the Con- tract Documents. Establishment of the time period of one year as dcscrihed in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply \yith the Contract Documents may he sought to be enforced, nor to the time within which proceedings may he commenced) to establish the Contractor's liability with respect to the Con- tractor's obligations other than specilically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in a(cordancc with the requirements Of tile Conumtct Documents, the ()%vner may do so instead of requiring its removal and cor- rection, in which case the Contract SUtll will he reduced is appropriate and equitable. Such adjustment shall he effected vyhcther ur not final payment has been made. • ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall he governed by the law of the plaice where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively hind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors. assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a incmher of the firm or entity or to in officer of the corporation for which it was intended, or if delivered at or sent by registered or certitied mail to the last business address kno),yn to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract DOCu- mcnts and rights and remedies :mailable thereunder shall he in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner. Architect or Contractor shall constitute a waiver of a right Or dote afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except .is may be specifically agreed in vyriting. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laves, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at :m appropriate time. l'nlcss other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals ,,, till ,in independent test- ing lahoratory or entity acceptable to the Oxyner, or .Kith the appropriate public authority, and shall hear all related costs of tests, inspections and approvals. The COntrtcu)r shall give the Architect timely notice of when and where tests and inspec- tions are to he made so the Architect m:m observe such proce- clures. The ( )wrier shall hear costs of tests, inspections or approvals which do not hecontc requirements until after bids are received or negotiations c'unclltdcd. 13.5.2 If the Architect, Owner or puhlic :uthoritics having jurisdiction determine that portions of the \t'ork require addi- tional testing, inspection or approval not included under Sub- p:uagraph 1 3.5.1, the Architect will, upon written:ttuhori/Ation firm the ()%vner, instruct the Contractor to make arrangements fOr such additional testing, inspection ur approval by an entity acccptahlc to the ( Avner, and the Contractor shall give timely notice to the Architect of vyhctt and where tests and inspections are to he made so the Architect may observe such procedures. AIA DOCUMENT A201 • GENERAL CONDITIONS OF TTIF (:ONTRACT FOR( ONS't-RUCTION • FOURTEENTtI FDITION 22 A201-1987 AIA'' • -i 1987 MF AMER WAN INSI T'FUTE OF AI(CIII'FE(A N. 1-35 NEVIYORK A� ENCE, NAV, V ASI IINGTON. 1) C 20(itk) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall he made promptly to avoid unreasonable dclav in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments .shall hear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to act Occur- ring suhsc(Iucnt to the relevant date of Substantial Completion and prior to issuance of the final Ccrtifi- (ate fOr Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall he deemed to leave accrued in any and all events not Luer than the date of issuance of the final Certific tc for Payment; and 3 After Final Certificate for Payment. As to acts or I:lilures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any api (ahle statute Of limitations shall commence to run and any alleged cause of action shall be dCC111Cd to have ;tccrue(I in any and all events not later than the date of ant% act ur failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date 01 anv correction of the %Fork or failure to correct the \Cork by the Contractor under Paragraph 1 2. 2, or the date of :((tial commission of any other act Or failure to pertimn anNy duty or obligation by the Contractor or Owner, �yhichcver occurs last. -0 ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents: .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365 -day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work cxecute(I and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of oo days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor bccnse the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the AV ork, the Contractor may, upon seven additional dans' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner .is provided in Subparagraph I -1.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled iyorkcrs or proper materials; .2 fails to make payntcnt to Subcontractors for materials or labor in accordance %with the n spectiye atgrecnunts hetwecn the Contactor and the Suhcontractors: .3 pcl:sistcntly disreg,'lids lays, ordinances, or rules, reg- ulationsr uorders of a puhlic authorih haying juris- diction; Or .4 otherv, i.sc is guilty ofsuhstantial hicach of a provision Of* the Cuntrtct Documents. 14.2.2 When any of the ahmc reasons exist. the O).vner, upon certification by the Architect that sullicient Cause exists to jus - AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONS'I'Rt'CTION - F(WRTLENTH EDITION AIA' - 198 -THE AMERICAN INS'I 1111 E OF ARCIIIIECTS, 1 715`EVC' YORK A\ FNI'E, N.W.. WASHINGTON, D.C. 20olx, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 23 �t tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. AIA DOCUMENT A201 • GENERAL CONDITIONS OF TI IF. CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 24 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. 3/87 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Changes ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall inslude all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations. (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual - including specified provision for the Contractor's obligations under Paragragh 4.18. (5) Owned, non -owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $100,000. .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 Insuranceshall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. RESTROOM FACILITIES H - 1 d. Property Damage Liability Insurance shall include Coverage fot the following hazards: C (collapse), U (underground) e. Contractual Liability (Hold Harmless Coverage): (1) Bodily Injury: $ 1,000,000 Each Occurance (2) Property Damage: $250,000 Each Occurance $250,000 Aggregate. f. Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate .3 Comperhensive Automobile Liability (owned, non -owned, hired): a. Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $250,000 Each Occurance ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION RESTROOM FACILITIES H - 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Contractor) (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 • PERFOR.'0ANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 17 IS N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this (Witness) day of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract fall_ due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. rPrimtp h (Title) 19 (Surely) iScali (Witnes.) (Tide) 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 T WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS BOND 15 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 as Principal, hereinafter called Principal, and, (Here insert full name and address or legal tale of Contractor) (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 tale 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. copyright laws and Is subject to legal prosecution. • 0 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this (Wi(ness) (Wiln(-s%) day of accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. (Principal) (Till(-) 19 (seal) (Surely) (seal) 9 (Till(') AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA O FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 17.15 N.Y. AVE., N.W., WASHINGTON, D. C. 2(1006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 4 • 0 . SECTION J FORt.i KNOW ALL W -EN BY THESE PRESENTS: Tnz,' We, (hereinaiter called the Principal) as Principe cno the , c Co: poral ion with on office and place o; business for the Siote of 1 -Jew Fork at , IJe-,., Yorl:, (hereinafter coiled the Surety) as Surety, are held and f i=ly 6cund unto the (hereinafter cc1 ed the Oblicee) as Obligee in the sum o; (S ).DOLLARS, lowiul money oft e United States of America, for ,i -.e payment w ereof the Principal and Surety bind themselves, their successors and essians, jointly and severally, firmly 6y these presents. for Siened, sealed and doted this day of , 19 W�-AS, the Prin_ipol heretofore entered into a % riiien contract with the Obl;ae_ TV WHEREAS, said Contract provides that the Principal sholl guarantee NOW, THEREFORE, the condition of this obligation is such, that if the o6ove Prin- cipal shall indemnif=y the Obligee against loss 6y reason of his Failure to make good at his oven expense any defects or deficiencies.in materials or workmanship which may appear in the work under said contract with the period of year (s) from the dote of acceptance of the work, then this oblioation snal I be void; of envise to remain in full force and effect. Principal BY: BY: RESTROOM FACILITIES J — 1 SECTION K. GENERAL RELEASE (To Be Submitted With Requisition For Final Payment) KNOW ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/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,extents, executions, claims and demands whatsoever in law and equity, which against the said (Owner/Contracting Agency) and JAMES A RICHTER, R.A. now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the const- ruction, in accordance with contract entered into between parties hereto, dated , ninteen hundred and ninty and any admittance or supplements thereto. IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporated seal to be hereto affixed and duly attested by its this day of 19 Attest: Principal: RESTROOM FACILITIES K - 1 PREVAILING WAGE RATES WAGE DETERMINATION for RESTROOM FACILITIES at TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 New York State Department of Labor Rates apply to this project. Copies of the wage and supplement schedule for this Public Work project* were not available on March 19, 1992, please call Jim McMahon at 765-1892 or the New York State Dept. of Labor for the current prevailing rate schedule. RESTROOM FACILITIES L - 1 • - • S ECT,ION M COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATICNS A. STATE REGUI-.TIONS 1, The Contractor shall comply with the applicable previsions of the "Labor Lew" as amended, of the State of New York. This Contract shcil be void unless applicable sections of said Labor Low ore complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Ccntrcct shall be read and enforced as though it were included herein, and, if thrcueh'mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physicplly amended to rr•=k= such inclusion. Specifically, Section 220-e, of the Lobar Low, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five (S5.00) dollars for each person for each calendar day during which such per, -,on was discriminated against or intimidated in violation of Section 220-e.; provided, that for a second or any subsequent violation of the provisions -of said paragraph, this Contract may be cancelled or terminated by the Owner and all monies due or to became due hereunder ;may, be forfeited. B. FEDEP.AL REGULATIONS 1. CERTIFICATION OF NONSEGREGATED FACILITIES By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any searegcted facilities at any of his establishments, and,that he does not permit his employets to perform their services at any location, under his control, where seareaeted facilities arc maintained. He certifies further that he will not maintain or provide for his employees an segrecated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract - As used in this certification, the term "segregcted facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, RESTROOM FACILITIES M - 1 0 • time clocks, locker roams and other storage or dressing erecs, parkine cors, drinking fountains, recreation or entertainment areas, trcnspertetion, cnd housing facilities provided for employees which are secrecated by explicit directive or are in fact segregated on the basis of race, c: ped, color, or national origin, because of habit, local custom, or otherwise. He Further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding S10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; dnd that he willforward the following notice to such propose -4 subcontractors (except where the proposed subcontractors have submitted identical certifications For specific time periods): 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REOUIRP,,,EN T FOR CERTIFICATIONS OF NCN SEGREGATED FACILITIES A certification of Nenseareeated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract, the contractor agrees as Follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national oricin. The contractor will take affirmative action to ensure that cpplicants ore employed, and that employees are treated during employment, without record to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertisina; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the'contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration For employment without record to racer, creed, color, or national origin. (3) The contractor will send to cock labor union or representative of workers with whichhe has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in co:lspicuous places available to employees and applicants for employment. RESTROOM FACILITIES M 2 (4) The contractor will corrmoly with ell provisions of Executive CTder No. 1126 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Lobar. (5) The contractor will furnish all information end reports recuired by Executive Order No. 11246 of September 24, 1965, and by the ru.les, reculations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, end accounts by the contracting ace -icy and the Secretory of Lobar for purposes oT investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in Fort and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretory of Loocr, or as otherwise provided by law. (7) The contractor will include the provisions of Porocrophs (1) through (7) in every subcontract or purchase order unless exempted by rules, reaulot.ions, or orders of the Secretary of Labor issued pursuant to Section 244 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect tcq.any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as o result of such direction by the contracting agency, the contractor may request -thd United States to enter into such litigation to protest the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805-4 Reports and Other Required Information (e) Requirements for prime contractors and subcontractors. (1) Ecch agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO -1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulaeted in its place, if such prime contractor or subcontractor (1) is not exempt from the provisions of this Subpart 1-12,8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, RESTROOM FACILITIES M - 3 sub -contract, or purchase order amounting to 550,000 or more, or serves as o depositary of Government funds in any amount, or is c financial institution which is cin issuing and paying agent for U.S. savines bonds and sovincs notes: Provided, That any subcontractor below the first tier which performs construction work et the site of construction shell be required, to file such a report if it meets the requirements in subdivisions (i), (ii), and (iv) of this peracrcph (a) M. (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administer- ing agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding fhe date of the award. Subsec'uent reports_ shall be submitted annually in accordance with subperecraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time For filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the. form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, 'complete, and accurate reports, as re- quired, constitutes noncotfipliance with the prime contractor's or subcontractor's obligations under the equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanctions authorized by the Order and the regulations in this subpart; Any. such Failure shell be reported in writing to the Director by the agency as soon as practicable after it occurs. 1 -12.805.4 Reports and Other Required Information b. Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has parti- cipated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an oeeney, or the former President's Committee on Equal Employment Opportunity, oil reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror sub- stantially as follows: RESTROOM FACILITIES M -4 (c) 0 "Tic biacer (or oUcror) rcorc:ents tict he ( ) s, ( ) ha: not, perticioated in a previous contract or subcontract subie=t to the Equal Ocportunity clause herein, or the cicuse cricincily con- tcined in section 301 of Executive Order No. 10125, or the cicuse eontoined in section 201 of Executive Order No. 11114; that he ( ) has, ( )hcs not, filed cll required compliance reports; cnd tinct representations indicating submission of required compliance reports, sicned by proposed subcontractors will be cbtcined prior to sub- contract ewer-,,." (The above representation need not be suomitte- , in connection with contracts or subcontracts which are exempt from the clause.) , When a bidder or offeror foils to execute the representation, the omission shall be considered a minor informeiity and the bid--'--.- or offeror shall be permitted to satisfy the requirement prior to cward. (2) In any case in which a bidder or prospective prime cantrcctcr or proposed subcontrcctor, which participated in a previous ccntroct or subcontract subject to Executive Orders No. 10925, 1111, or 112:6, has not flied a report due under the cpoliccble filine requirements, no contract or subcontract shell be ewer -ed, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontrcctor shall be required to submit such information as the acency or the Director requests prior to the award of the contract or subcontract. When a determination hes been made to award the contract or sub- contract to a specific contractor, such contractor shall be'required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. Use, of Reports. Reports filed pursuant to this 1-12.005-�'sholl be used only in connection with the c -ministration of the Order, the Civil Richts Act of 1964, or in furtherance of the purposes of the Order and said Act. (d) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering aeency. The stock number for the form is as follows: Standard Form No. Stock Number 100 7540-71-6-2049 Title Equal employment opportunity employer information report, RESTROOM FACILITIES M -5 1-12.805.4 PROCUREMENT STANDARDS A. All Contracts and Subaronts for constructicn or repair shall include a provision for compliance with the Copeland "Anti - Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CER, Port 3). This Act provides that each Contractor or Suberantee shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. B. Where applicable, oil Contracts awarded by Grantees and Sub - grantees in excess of S2,000 for construction contracts and in excess of $2,500 For other contracts which involve the em- ployment of mechanics or laborers shell incluse a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CrFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of a hours and a standard work week of 40 hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated of a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promuigated by the These requirements do not apply to the Secretory of Labor. purchases of supplies or materiels orarticles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Ce Each Contract of on amount in excess of S2,5C0 awarded by a Grantee or Subgrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service fir-ld office. RESTROOM FACILITIES M - 6 i 0 D. Contrccts'and Subcrcnts of amounts in excess of 5100,00 shall contain a provision• which requires the recipient to agree to comply with all applicable stenderds, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Acency and the Regional Office of the Environmental Protection Acency. E. Contracts shall contain such contrcctucl provisions or conditions which will allow for administrative, contrcctucl, or leacl remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. F. All contracts, amounts for which ore in excess of $2,500, shall contain suitable provisions For termination by the* ercntee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. G. In all contracts for construction or facility improvement awarded in excess of 5100,000, grantees shall observe the banding requirements provided in Attachment B to this Circular. H. All contracts and,isubgronts in excess of 510,000 shall in— clude provisions for compliance with Executive Order No. 1 1246, entitled, "Equal Employment Opportunity, " as_ supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shcll'be required to have on affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies cools end target dates to assure the implementaticn of that plan. The arcntee shell establish procedures to assure compliance with this requirement by contractors or subcrantees and to assure that suspected or reported violations ore promptly investicated. RESTROOM FACILITIES M — 7 r • CCMPLIANCE WITH PP.CVISICNS CF THE Lt'BCP, L -'W Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: 1. Section 220.2 which requires a stipulation that no laborer; workmen or mac: cn;c in the employ of the contractor, subcontractor or other person doing or contrcct- ing to do the whole or a pert of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day C.- more rmore than five days in any one week except in the emergencies set forth in the Labor Low. 2. Section 220.3 which requires a provision that each laborer, workman or mecncnic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rote of wages onc; shell be provided supplements not less than the prevailing supplements as determined by the fiscal officer. 3. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in c prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. 4. Section 220.3-e provides that apprentices will be permitted to work as such only when they ore registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his wore force on any job under the registered program. Any employee listed on a payroll at on apprentice wage rote, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates, for the area of construction prior to using any apprentice on the contract work. 5. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance bf work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State Law against Discrimination which also prohibit discrimination in employment because of age); RESTROOM FACILITIES M - 8 (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five collars for e•=ch calendar day during which such person was ciscriminatec, cceinst or intinidcteo in violation of the provisions of the contract; (d) That this contract may be cancelled or terminated by the State or municiPcl- ity, and all moneys due or to become due hereunder may be fcrfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. 6. The aforesaid provisions of Section 220-e which covers every contract for or an behclf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operctions performed within the territorial limits of the State of New York. 7. Section 222 which requires that preference in employment shall be given to citi- zens of the State of New York who have been residents for at least six consecutiv, months immediately prior to the commencement of their emoloyment; that persons other than citizens of the State of New York may be emoloyed when such citizens are not available; and that if the requirements of Section 222 concerninc prefer- ence in employment to citizens of the State of New York cre not complied with, the contract shall be void. 8. Section 222 which requires that if in the construction of the public wor,,c a harmful dust hazard is created for which appliances or methods for the eliminot- tion of harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have E*een approved by the Bccrd of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State ccntracting agency, including Public authorities, must include in each contract parccrcphs (c) through (g) of the Standard State Contract clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. , Labor classifications not appearing on the accompanying schedule of wanes can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by low. RESTROOM FACILITIES M - 9 General' Rf-gulatien No. 1, as issued by the State Commission for Human R ichts r^ _ , Y�„ires that each contract contains a stipu.latien that: "It is hereby eareed by and between the parties hereto that every contractor and subcontractor encoeed in the public work described in this contract shall post and maintain at each of his establishments and et ell places at which the public work described hereunder is being conducted, the Notice of ti -.e State Commission for Human Riehts indicating the substantive provisions of the Law Accinst Discrimination, where complaints mcy be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lichted places customarily freauented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Richt in the respective crew. You are reeuested to refer to t' -ie bureau of Public Work all CharceS of discrimination in employment includine di:criminction because of ace, race, creed, color or nc;ioncl ericin RESTROOM FACILITIES M — 10 SECTION N NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: C. The Contractor will not discriminate against any employee or applicant for employ- ment because of race, creed, color, or notional orioin, and will take affirmctive action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layofF or termiriction, rates of pay or other forms of compensation, and selection for training or retrain- ing, including apprenticeship and on-the-job training. b. The Contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding , a notice, to be provided by the Commission of Human Riohts, advising such labor union or representative 'of the Contractors agreement under clauses "a." through "h. hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will take affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, de- ..motion, e- ..motion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job train ing. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of per- formances of this contract. If such labor union or representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. C. The Contractor will post and keep posted in conspicuous places, available to employ( and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provisions of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. d. The Contractor will state, in all solicitations or advertisements for employees placed by -or on behalf of the Contractor, that all qualified applicants will be afforded eava employment opportunities without discrimination because of race, creed, color, or national origin. RESTROOM FACILITIES N - 1 e. The Contractor will comply with the provisions of Sections 291-299 of the Executi Low and the Civil Rights Law, will furnish all information and reports deemed nec sorry by the Commission for Human Rights under these non-discrimination clauses a: such sections of the Executive Law, and will, permit access to his books, records, and accounts by the Commission for Human Rights, and O-ner representatives/c CL for purposes of investigation to ascertain compliance with these non-discriminetior clauses and such sections of the Executive Law and Civil Rights Law. f. This Contract may be forthwith cancelled, terminated, or suspended in whole or it part, by the contracting agency upon the basis of a finding made by the Comfnissic of Human Rights that the Contractor has not complied with these non-discriminotio clauses, and the Contractor may be declared ineligible for future contracts made b or.on behalf of the Owner/Contracting Agency until he satisfied the Commission fc Human Rights that he has established and is carrying out a program in conformity w the provisions of these non-discrimination clauses. Such finding shall be made by Commission for Human Rights after conciliation efforts by the Commission have fail to'achieve compliance with these non-discrimination clauses and after a verified c plaint has been filed with the Commission, notice thereof has been given to the Cc tractor and an opportunity has been afforded him to be heard publicly before three members of the Commission. Such santions may be imposed and remedies otherwise provided by law. g. If this Contract is cancelled or terminated under clause "f:', in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractof will hold the Owner harrpless against any additional expenses or costs it curred by the Owner in completing the work or in purchasing the.services, materia equipment, or supplies contemplated by this contract, and the Owner may withholc payments from the Contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. h. The Contractor will include the provisions of clauses "a;', through "g:' in every sub contract or purchase order in such a manner- that such provisions wil I be binding up, each subcontractor or vendor as to operations to be performed within jurisdictional locale of the Project being contracted by the Owner. The Contractor will take suc action in enforcing such provisions of such subcontract or purchase as 'the Owner Contracting Agency may direct, including sanctions or remedies for non-compliant If the Contractor becomes involved in or is threatened with litigation with a sub- contractor or vendor as a result of such direction by the Contracting Agency/Orme the Contractor shall promptly so notify the Owner's representatives/counsel, reque: him to intervene and -protect the interests of the Owner (Contracting Agency's jurisdictional area). RESTROOM FACILITIES N - 2 BIDS - RESTROOM FACILITIES - SOUTHOLD TOWN BEACH - 11:00 A.M., April 2, 1992 East End General Contractors, Inc., Southampton - $22,614.00 Pagnotta Construction Corp. of America, Port Jefferson Station - $27,875.00 Artco Drainage Corp., Mattituck - $28,427.30 Pinnacle Contracting, Riverhead - $32,491.00 Robert W. Johnsen, Southold - $34,500.00 State of the Art Construction Inc., Amityville - $37,826.00 Mazzaferro Brothers, Greenport - $39,212.00 Carter-Melence, Inc., Sound Beach - $43,260.00 South Fork Asphalt Corp., East Hampton - $50,850.00 WHM Plumbing 6 Heating Cont., Inc., E. Setauket - $7,235.00 (Plumbing Only) • • $25.00 Non -Refundable Fee per set. $2.90 postage, or 13.95 Express Mail BID - RESTROOM FACILITIES - SOUTHOLD TOWN BEACH BID OPENING: 11;00 A.M., Thursday, April 2, 1992. 1. Town Clerk copy. 3/19/92 2. Ear7t�L!�r-Melence, Inc , 104 New York Ave., P.O. Box 907, Sound Beach, NY 11789 744-0127 - Donald O'Hanlon 3/20/923. Paul J. Corazzini, 111, 3120 Albertson La., Greenport, NY 11944 - 765-2012 3/20/924 tArea de_ al Contractors, Inc., 823-C North Highway, Southampton, NY 11968 283-2244 p 3/20/925- Gary Tabor Landscaping, Navy St. , Orient, N.Y., 11957 323-2667 3/23/926(6iForrk� As It Corp., P.O. Drawer 2028, East Hampton, N.Y. 11937 324-1245 3/23/93.?!N1r1 PIr tubing 8 Heatrna 'ont.,1 6 H Enterprise Dr., E. Setauket, N.Y. 11733 473-3762 3/23/928. _ - -- 3/24/92 9. �Rqoe�'t!TJohnse, 4300 Soundview Ave., Southold, NY 11971 - 765-1165 3/23/90. D & F Mason Contractors Supply INc., 15 Southgate, Shoreham, N.Y. 11786 3/24/ 11. PXdl&ontracting P.O. Box 1563, Riverhead, NY 11901 369-8058 3/25/932 bteg�st orp. of America, 392 Bicycle Path, Port Jefferson Sta, NY 11776 471-2011 3/2513. zaf-rro Ear . , 200 7th St. , Greenport, NY 11944-477-1285 3/27/9214 Ste7.tSitFTe Ar Construction Inc. , 1 Ritter Ave, Amityville NY 11701 r _ L] 0 r i Rennrt Dates (13/111/92 Dadne #92- 142297-1 Restroom Southold, NY (Suffolk) Town Beach, 11971 Status: Bids to owner April 2 at l lam Material and Equipment Information Exterior: Wall: Concrete Block/Wall Back-up: Submit Bids To: Owner Concrete Block ■ Owner: Town of Southold, Judith T Terry. 53095 Main Road, Southold, NY 11971 (516-765- 1801) Engineer: James A. Richter R.A.. Peconic Lane, Southold Engineering, Peconic, NY 11958 (516-765-3070) Notes: 100237 Bond Information: 5% Bid Bond, 100% Per- formance Bond. 100% Payment Bond. Certi- fied check. Plans Available From: Owner, $25 charge. Plans maybe available on/after March 20 Structural Information: 1 Building/3 Stories Be- low Grade/Dimensions: 13 x 20/Slab-Base- ment: 3 beet below grade/1 loor Construction: Reinforced Concrete/Roof Construction: Wood I'raming Copyright 01992 McGraw-Hill, Inc. Service is only for internal use by subscriber pursuant to contract. i Bid Dale 04/02/1992 Bid Time 11:00 AM Project Eslimale I� Type o1 Wolk New Dodge Reports For: PINNACLE CONTRG LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIV- EN, in accordance with the pro- visions of Section 103 of the General Municipal Law, that sealed bids are sought'and re- quested for furnishing all labor, materials and equipment for the construction of New Restroom Facilities at the Southold Town Beach, County Route 48, Southold, New York, in accor- dance with the Drawings and Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York. 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 A.M., Thursday, April 2, 1992, at which time they will be open- ed and read aloud in public. Contract Documents may be obtained, upon payment of a $25.00 non-refundable fee, from the Southold Town Clerk at the above noted address. 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 con- tract, 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. Bid price shall not in- clude tax, local, state or federal, from which the Town of Southold is exempt. Bid security in the form of a certified check or bid bond in the amount of 5% of the Base Bid will be required to be sub- mitted with each bid. Perfor- mance and Payment Bonds in the amount of 100% of the con- tract price will be required of the successful bidder. All bids must be signed and sealed in envelopes plainly marked "Bid on Restroom Facilities, and submitted to the Office of the Town Clerk. DATED: March 10, 1992 JUDITH T. TERRY SOUTHOLD TOWN CLERK 1X-3/19/92(11) COUN'T'Y 01= SUFFOLK STATF 01= New YORK ss: Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER•WATCI-1MAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, hAs hccn .published in said Long Island I'ravcler•Wtltchm;In once each week for ............... . .... . ./ .... weeks SIICCCSSIVCIy, C011111)(2nClrlg oil tI)e clay of .. ItMar.ch .. , ..... ............................1............, Sworn If, helore me (his . •.... , . ....... , .. , . clay of .......... DZarch ..... , 19 92.. . . . ... ........n Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4BOGS46 Qualiticd in Sutlolk Co my Commission Expires.9,130.12 COUNTY 01= SUf FOLK S'I'A'1*1. 01= NL'W YOIZK SS: Patricia Wood,' being duly sworn, says that she is the Editor, of 7•I -IE l-ONG ISLAND TRAVELER•WATCI-IMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, IW% been .IlubIished in said I -Ong Island 'I'ravelcr Walclunan once each week for .......................... weeks successively, commencing on the ......... , lq ........ . 92 day of ....�:Zarch ........ , 19 ..... Sworn to hefore me this ...................... day of March...... , . 92.. . ...... ........ .... . Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St?te of New York No. 480GS46 Qualifier] in Suffolk Coynty Commission Expires �/3i�j,2 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 la bor, materials and equipment for ment, Peconic Lane, Peconic, New York. 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 A.M., Thursday, April 2,1992, at which time they will be opened and read aloud in public. Contract Documents may be ob- tained, upon payment of a $25.00 non-refundable fee, from the Southold Town Clerk at the above noted address. This invitation to bid is not an of - fer 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. Bid price shall not include tax, local, state or federal, from which the Town of Southold is exempt. Bid security in the fort of a cerci - fied check or bid bond in the amount of 5% of the Base Bid will be re- quired to be submitted with each bid. Performance and Payment Bonds in the amount of 100% of the contract price will be required of the success - ful bidder. All bids must be signed and sealed in envelopes plainly marked `Bid on Restroom Facilities", and submitted to the Office of the Town Clerk. DATED: March 10, 1992. JUDITH T. TERRY SOUTHOLD TOWN CLERK 7329-1TM19 STATE OF NEW YOIi,..1 )SS. - COUNTY SS:COUNTY OF SUFFOLK) ,� / CpwA Co N <C-1 ' '" of Mattituck, In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published In said Newspaper once each week for I weeks successively, commencing on the day of ,9 - C A�� Principal Clerk Swornto before me this o2 C) day of _ Azr--&k) 1g_�ILLIAM C. ARANEO PUBLIC, State of New York No. 48911"'17 Qualified in SufVx County Commission Expires Nov. 30, l�Z the construction of New Restroom Facilities at the Southold Town Beach, County Route 48, Southold, New York, in accordance with the Drawings and Specifications pre- pared by James A. Richter, R.A., Southold Town Engineering Depart- ment, Peconic Lane, Peconic, New York. 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 A.M., Thursday, April 2,1992, at which time they will be opened and read aloud in public. Contract Documents may be ob- tained, upon payment of a $25.00 non-refundable fee, from the Southold Town Clerk at the above noted address. This invitation to bid is not an of - fer 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. Bid price shall not include tax, local, state or federal, from which the Town of Southold is exempt. Bid security in the form of a certi - fied check or bid bond in the amount of 5% of the Base Bid will be re- quired to be submitted with each bid. Performance and Payment Bonds in the amount of 100% of the contract price will be required of the success- ful bidder. All bids must be signed and sealed in envelopes plainly marked `Bid on Restroom Facilities", and submitted to the Office of the Town Clerk. DATED: March 10, 1992. JUDITH T. TERRY SOUTHOLD TOWN CLERK 7329-1TM19 STATE OF NEW YO6.. j ) SS: COUNTY OF SUFFOLK) C'AfzA CON K,(-, n% of Mattituck, in said County, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for I weeks successively, commencing on the r day of mGt"rc l9—q2,--T- Principal Clerk Sworn to before me this a2 t)41\ day of / r (/,(/P (JB1 19_! Z, ILLIAIv1 C. ARANEO Afl!' PUBLIC. State of New York f 1 No. 48951257 Qualified in Suffolk County �2 Commission Expires Nov. 30, 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 lith day of March , 1992 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, Restroom Facilities at the Southold Town Beach, CR 48, Southold, Bid Opening: 11:00 A.M., Thursday, April 2, 1992, Southold Town Clerk's Office. Judith T. Ter Southold Town Clerk Sworn to before me this 11th day of March 1992. N�ry Pub is LINDA J. COOPER Notary Public, State of New York No. 4822563, Suffolk County -, +�anirPr Derernber 31,19-- �-- 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 labor, materials and equipment for the construction of New Restroom Facilities at the Southold Town Beach, County Route 48, Southold, New York, in accordance with the Drawings and Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York. 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 A.M., Thursday, April 2, 1992, at which time they will be opened and read aloud in public. Contract Documents may be obtained, upon payment of a $25.00 non- refundable fee, from the Southold Town Clerk at the above noted address. 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. Bid price shall not include tax, local, state or federal, from which the Town of Southold is exempt. Bid security in the form of a certified check or bid bond in the amount of 50 of the Base Bid will be required to be submitted with each bid. Performance and Payment Bonds in the amount of 1000 of the contract price will be required of the successful bidder. All bids must be signed and sealed in envelopes plainly marked "Bid on Restroom Facilities", and submitted to the Office of the Town Clerk. DATED: March 10, 1992. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 19, 1992, 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 Suffolk Times Town Board Members Town Attorneys Commissioner of Public Works Jacobs Dodge Reports Brown's Letters Town Clerk's Bulletin Board ✓ ^' �. '�_,_ 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 labor, materials and equipment for the construction of New Restroom Facilities at the Southold Town Beach, County Route 48, Southold, New York, in accordance with the Drawings and Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York. 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 A.M., Thursday, April 2, 1992, at which time they will be opened and read aloud in public. Contract Documents may be obtained, upon payment of a $25.00 non- refundable fee, from the Southold Town Clerk at the above noted address. 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. Bid price shall not include tax, local, state or federal, from which the Town of Southold is exempt. Bid security in the form of a certified check or bid bond in the amount of 50 of the Base Bid will be required to be submitted with each bid. Performance and Payment Bonds in the amount of 100% of the contract price will be required of the successful bidder. All bids must be signed and sealed in envelopes plainly marked "Bid on Restroom Facilities", and submitted to the Office of the Town Clerk. DATED: March 10, 1992. - JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 19, 1992, 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 Suffolk Times Town Board Members Town Attorneys Commissioner of Public Works Jacobs Dodge Reports Brown's. Letters Town Clerk's Bulletin Board IINImAfeZ, LEGAL NOTICE NOTICE TO BIDDERS vc 21/ moo`` Y1 L 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 labor, materials and equipment for the construction of New Restroom Facilities at the Southold Town Beach, County Route 48, Southold, New York, in accordance with the Drawings and c,pacifiratinnc nrenared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York. 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 A.M., Thursday, April 2, 1992, at which time they will be opened and read aloud in public. Contract Documents may be obtained, upon payment of a $25.00 non- refundable fee, • from the Southold Town Clerk at the above noted address. 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. Bid price shall not include tax, local, state or federal, from which the Town of Southold is exempt. Bid security in the form of a certified check or bid bond in the amount of 50 of the Base Bid will be required to be submitted with each bid. Performance and Payment Bonds in the amount of 1000 of the contract price will be required of the successful bidder. All bids must be signed and sealed in envelopes plainly marked "Bid on Restroom Facilities", and submitted to the Office of the. Town Clerk. DATED: March 10, 1992. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 19, 1992, 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 Suffolk Times Town Board Members Town Attorneys Commissioner of Public Works Jacobs Dodge Reports Brown's. Letters Town Clerk's Bulletin Board SPECIFICATIONS _RESTROOM FACILITIES: TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 JANUARY 21, 1992 STED SOUTHOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC, NEW YORK 11958 516 - 765 - 3070 0 PROJECT DESCRIPTION RESTROOM FACILITIES : COUNTY TRE. 48, SOUTHOLD, NEW YORK • THIS PROJECT INCLUDES THE CONSTRUCTION OF A 12' x 20' ONE STORY CONCRETE BLOCK RESTROOM. FOUNDATION: WALLS: FLOOR: STRUCTURAL FRAMING: ROOF: DOORS: PLUMBING: SEPTIC SYSTEM: SITE WORK: CONCRETE FOOTINGS 8" CONCRETE MASONRY UNITS 4" CONCRETE SLAB 2 x 6 CCA TREATED JOISTS ASPHALT ROOF SHINGLES HOLLOW METAL DOORS & FRAMES SYSTEM DESIGNED BY CONTRACTOR IN ACCORDANCE WITH SPECIFICATIONS SEPTIC TANK & LEACHING POOLS INCLUDES ALL NECESSARY EXCAVATIONS, UTILITIES, FILL, PAVING AND SLABS. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT: STED, PECONIC LANE, PECONIC, NEW YORK 11958. ATTENTION - JAMES A. RICHTER - TELEPHONE - 516 765 3070 The foregoing Project Description is provided for general information only. It is not a part of Contract Documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. n u INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instruction to Bidders Index to Drawings Proposal Form Statement of Non -Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions AIA Performance Bond Maintenance Bond General Release Prevailing Wage Rates Conpliance with the Labor Law & other Dept. of Labor Regulations Non -Discrimination Clause DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Applicable Codes Construction Facilities and Temporary Controls Substitutions DIVISION TWO - SITEWORK Site Preparation Earthwork Paving and Surfacing DIVISION THREE - CONCRETE u A - 1 through A - 1 B - 1 through B - 3 C - 1 through C - 1 D - 1 through D - 2 E - 1 through E - 2 F - 1 through F - 1 AIA Document # A310 G - 1 through G - 1 AIA Document # A201 H - 1 through H - 2 AIA Document # A311 J - 1 through J - 2 K - 1 through K - 1 L - 1 through L - 36 M - 1 through M - 10 N - 1 through N - 2 1010 - 1 through 1010 - 1 1080 - 1 through 1080 - 1 1500 - 1 through 1500 - 1 1600 - 1 through 1600 - 2 2100 - 1 through 2100 - 1 2200 - 1 through 2200 - 3 2500 - 1 through 2500 - 1 Concrete 3000 - 1 through 3000 - 2 • • INDEX TO SPECIFICATIONS (continued) DIVISION FOUR - MASONRY Mortar 4100 - 1 through 4100 - 1 Masonry 4200 - 1 through 4200 - 1 DIVISION FIVE - METALS Miscelaneous Metals 5500 - 1 through 5500 - 2 DIVISION SIX - WOOD AND PLASTIC Rough Carpentry 6100 - 1 through 6100 - 2 DIVISION SEVEN - THERMAL & MOISTURE PROTECTION Asphalt Roofing 7500 - 1 through 7500 - 1 DIVISION EIGHT - DOORS & WINDOWS Metal Doors & Frames 8100 - 1 through 8100 - 2 Finish Hardware 8700 - 1 through 8700 - 2 DIVISION NINE - FINISHES Painting DIVISION TEN - SPECIALTIES Toilet and Specialty Accessories DIVISION ELEVEN - EQUIPMENT This Division Not Used 9900 - 1 through 9900 - 3 10800 - 1 through 10800 - 2 INDEX TO SPECIFICATIONS (continued) DIVISION TWELVE - FURNISHINGS This Division Not Used DIVISION THIRTEEN - SPECIAL CONSTRUCTION This Division Not Used DIVISION FOURTEEN - CONVEYING SYSTEMS This Division Not Used DIVISION FIFTEEN - PLUMBING Plumbing 15100 - 1 through 15100 - 1 DIVISION SIXTEEN - ELECTRICAL This Division Not Used INVITATION TO BID PROJECT: RESTROOM FACILITIES - SOUTHOLD TOWN BEACH COUNTY RTE. 48, SOUTHOLD, NEW YORK The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of New Restroom Facilities at the Southold Town Beach on County Rte. 48, in accordance with the Drawings & Specifications prepaired by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York. 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, April 2, 1992. All specifications are provided herein: drawings to be attached. 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. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not. Dated: MARCH 10, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk RESTROOM FACILITIES A - 1 0 0 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accurdance with the "Proposal Form" provided. The bidders shall write in ink, both in words and numerials, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, 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 quantities will be held until 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 AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find 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 Architect who may issue a written instruction to all bidders. RESTROOM FACILITIES B - 1 0 • D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of Contract will be made as soon as practicable. A Contract may be awarded to a responsible bidder other that the lowest money bidder, if it is in the best interests of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a Contract by successful bidder. The competency and responsibility of the bidder and his sub -contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard Form of Agreement Between Owner and Contractor (Stipulated Sum)". The Town will either award the project or reject all proposals received within fourty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his of her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, abscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond may be rejected, any proposal having interlineation, erasure or corrections may be rejected. RESTROOM FACILITIES B - 2 0 H. PLANT & EQUIPMENT The bidder shall state in his bid his control, plant and equipment required to complete the proposed I. TIME FOR EXECUTION OF CONTRACT 0 that he has available or under of the character and in the amount wirk within the specific time. Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract 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 with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of 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 us hereinbefore provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLERE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the Norice to Proceed, given to him by the Town of Southold, shall complete the work within the calendar day limit as set forth by him in the Proposal, but not more than thirty (30) working days. RESTROOM FACILITIES B - 3 INDEX TO DRAWINGS CIVIL C/P 1 LJ SITE PLAN - PLUMBING PLAN SANITARY SEPTIC SYSTEM PLAN & RELATED DETAILS ARCHITECTURAL A 1 PLANS, ELEVATIONS, DETAILS & NOTES RESTROOM FACILITIES C - 1 • 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 JAN. 21, 1992 including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowled- gement 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 ihe proposes and agrees .that if his proposal be accepted he will contract to furnish all materials not provided by the Town (see Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH & CONSTRUCT A ONE SOTORY CONCRETE BLOCK RESTROOM FACILITY. THE SIZE OF THE FACILITY SHALL BE 12' x 20' AND HAVE CCA TREATED WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 5 LEACHING POOLS. PATCH & REPAIR ALL PAVEMENT AND FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT ?IN ACCORDANEE:_WTTIi.THE RESTROOM FACILITIES D - 1 CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITYIES 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: RESTROOM FACILITIES D - 2 STATEMENT OF NON -COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and 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 own 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 competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. RESTROOM FACILITIES E - 1 R E S O L U T I O N Resolved that be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: (Describe Project) and to include in such bid or proposal the certificate as to non -collusion required by section one -hundred -three -d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporate bidder shall be liable under the penalties of 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 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 RESTROOM FACILITIES E - 2 NEW YORK STATE AFFIR;-AAT t':-= :,CTIOtJ CERTIFiCATIO;j (TO BE COMPLETED BY EACH BIDDER) Bidder's Certiiicctions: A bidder will not be eligible for awcrd cfe contract under this Invitation for Bids unless such bidder has submitted as a pert of its bid the following certification, which will be deemed c part of the resulting contract: BIDDER'S CEERT FICATION (B idler) certifies that: 1 . it intends to use- the fol lowing listed construction trades in the work under the contract and, 2. c. as to those trades set forth in the preceding paregrc::h one hereof for which it is eligible under Pcrt I of these Bid Conditions for participction in the Nassau -Suffolk County PIan it will comply with the said County* area within the scope of coverage of that Plan, those trades being: and/or, 6. as to those trcdes for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimus minority mc•^ - power utilization coals and the specific affirmative action steps contained in said Part 11, for all construction work (both state cnd non -state) in the afore -mentioned crew subject to these Bid Conditions, these trades beinc: and, 3. it will obtain from each of its subcontractors and submit to the contrcctina or admin- istering agency prior to the awcrd of any subcontractor under this contract the sub- contractor certification required by these Bid Conditions. (Signature of Authorized Represen,ative of Bidder) RESTROOM FACILITIES F - I 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 F'Pincipal 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 day of 19 (Witness) (Witness) AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 (Principal) (Seal) (Title) (Surety) (Seal) (Title) WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. OFFcR OF SURETY (To be Completed by Each Bidder) L9 In the event the above Pr000scl is accepted and the undersicned is awcrded the Cantrcct for the work, the undersigned offers as surety for fcithful performance, bond end/or bonds to protect labor and material men, the following surety: SURETY COMPANY Sicned (Bidder) CERTIFICATE OF SURETY to be sinned by a duly authorized official, anent or attorney of the Surety Conpcny. In the event that the above Proposal is accepted and the contract for the worl< is awarded to said the (Bidder's Mame) (Surety will execute the Surety Bonds as herein Company) before provided. Signed: Authorized Official, Agent, or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. RESTROOM FACILITIES G — 1 T H E A M E R I C A I N S T I T U T E 4-0 AIA Document A201 C* A R C H I T E C T S General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1. GENERAL PROVISIONS 1987 EDITION TABLE OF ARTICLES 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 Gcneral Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, © 1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA" 1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 1 WARNING:. Unlicensed photocopying violates US. copyright laves and Is subject to legal prosecution. INDEX Acceptance of Nonconforming Work ......... 9.6.6, 9.9.3,12.3 Acceptance of Work ........... 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 Access to Work ........................... 3.16,6.2.1, 1-1.1 Accident Prevention .............................. 4.2.3,10 Acts and Omissions ... 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.2, 4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Addenda ..................................... 1.1-1,3 11 Additional Cost, Claims for ......... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Additional Inspections and Testing....... 4.2.6, 9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3.6, 4.3.8, 4.3.9, 8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3-3,4, 9.4, 9.5 Advertisement or Invitation to Bid ...................... 1.1.1 Aesthetic Effect ............................... 4.2.13, 4.5.1 Allowances ........................................ 3.8 All-risk Insurance ................................. 11.3.1.1 Applications for Payment .. 4.2.5, 7.3.7, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.8.3, 9.10 1, 9.10.3, 9.10.4, 1 1.1.3, 14.2.4 Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.1.4 through 3.12.8, 3.1'8.3, 4.2.7, 9.3.2, 11.3.1.-i, 13.4.2, 13.5 Arbitration ..................... .1.1.4, 4.3.2, 4.3.4, 4.4.4, 4.5, 8.3.1, 10.1.2, 1 1.3.9, 1 1.3.10 Architect .......................................... 4.1 Architect. Definition of ............................... 4.1.1 Architect, Extent of Authoritv ........ 2.4, 3.12.6, 4.2, 4.3.2, 4.3.6, 4.4, S.Z. 63, 7.1.2, 7.2.1, 7.3.6, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8.2, 9.8.3, 9.10.1, 9.10.3, 1.1, 12.2. 1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority anti Responsibility . 3.3.3, 3.12.8, 1.12.11, 4.1.2, 1.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.1, 4.2.13, 4.3.2, 5.2.1, 7.4, 9.42, 9.6.4, 9.6.6 Architect's Additional Services and Expenses .......... 2.4, 9.82, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract .......... 4.2, 4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architcct'.s Approvals 2.4, 3.5.1, 3.10.2, 3.12.6, 3.12.8, 3.18.3, 4.2.7 Architect's Authority to Reject Work .... 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright ................................. 1.3 Architect's Decisions.......... 4.2.6, 4.2.7, 4.2.11, 4.2.1, 4.2.13, 4.3.2, -1.3.6. 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2., 9.9.1, 10.1.2, 13.5.2, 14.2?, 14.2.4 Architect's Inspections ........... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Architect's Instructions .. 4.2.6, 4.2.7, 4 2.8, 4.3.7, 7.4.1, 1 2. 1, 13.5.2 Architect's Interpretations ................. 4.2.11, 4.2.12, 4.3.7 Architect's On -Site Observations ........ 4.2.2, i.2.5, 43.6, 9.4.2, 95.1, 9.1(1.1, 13.5 Architect's Project Representative 4.2.10 Architects Relationship with Contractor ....... 1.1.2, 3. 2.1, 3.2.2, 3.3.3.3.5.1, 3.7.3, 3.11,3.12.8,3.12.11,3.16,3.18,4.2.3,4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Architect's Relationship with Subcontractors .... 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.63, 9.0., 1, 11.3.' Ar0mcct s Representations ................. 9.4.2, 9.5. 1, 9.10. 1 Architect n Site i isits ........ 4.2.2, 1. 2.5, 4.2.9, 1.3.6, 9.-t.2, 95. 1, 9.8.2,-9.9.2, 9.10.1, 13.5 Asbestos .......................................... 10.1 Attnrncvs' Fccs ........................ 3.18.1, 9.10.2, 10.1. 1 Awar(I uI suparate Contracts ........................... 6.1 . 1 Award of Subcontracts and Other Contracts for Portions of the Work .............................. 5.2 Basic Definitions .................................... 1.1 Bidding Rcyuiremcnts ................ 1.1.1, 1 .1.7, 5.2.1, 1 1.4.1 Boiler and Machinery Insurance ..................... 11.3.2 Bonds, LICn . . . . . . . 9.10.2 Bund,, Pcrtormancc and Pavnient ..... 7.3.6.4, 9.1(1.3, 1 1.3.9, 1 1.-1 Building Permit .................................... 3.7.1 Capitalization ....................................... 1.4 Certificate of Substantial Completion .................... 9.8.2 Certificates for Payment ....... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9,10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval ..... 3.12.11, 13.5.4 Certificates of Insurance .................. 9.3.2, 9.10.2, 11.1.3 Change Orders ...... 1.1.1, 2.4.1, 3.8.2.4, 3.11, 4.2.8, 4.3.3, 5.2.3, 7.1, 7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2 Change Orders, Definition of .......................... 7.2.1 Changes........................................... 7.1 CHANGES IN THE WORK .... 3.1 1, 4.2.8.7, 8.3.1, 9.3.1.1, 10.1.3 Claim, Definition of ................................. 4.3.1 Claims and Disputes ................ 4.3, 4A. 4.5. 6.2.5, 8.3.2, 9.3.1.2. 9.3.3, 9.10.4, 10.1.4 Claims and Timely Assertion of Claims ................ 4.5.6 Claims for Additional Cost ........ 4.3.6, 4.3.7, 43.9, 6.1.1, 10.3 Claims for Additional Time ............ .0.6, 4.3.8, 4.3.9, 8.3.2 Claims for Concealed or Unknown Conditions ........... 4.3.6 Claims for Damages ... 3.18, 11.3.9, 6.1.1, 0.2.5, 8.3.2, 9.5.1.2, 10.1.4 Claims Suhjcct to Arbitration ................. 4.3.2, 4.4.4, 4.5.1 Cleaning Up ................................... 3.15,6.3 Commencement of Statutory Limitation Period .......... 13.7 Commencement of the Work, Conditions Relating to ....... 2.1.2, 2.2.1, 3.2-1. 3.2-2,3.7.1, 'i , 10. 1, 3.12.6, 4.3.7,5.2.1, 0.2.2, 8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Commencement of the Work, Definition of ................ 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4, 5.2.1 Completion, Conditions Relating to ....... 3.1 1, 3.15, 4.2.2, -1.2.9, 4.3.2, 9.-1.2, 9.8. 9.9.1, 9.10, 11.3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND ......................... 9 Contplction, Substantial ......... 4.2.9, -t.3.52, 8. L 1, 8.1.3, 8.2-3, 9.8, 9.9.1, 12.22. 13.7 Compliance with Laws ...... 1.3, 3.6, 3.7, 3.1 i, -1.1. 1, 10.2.2, 11. 1, 1 1.3 , 13.1, 13.5.1, 13-5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or unknown Conditions ..................... 4.3.6 Conditions of the Contract .................. 1. L 1, 1.1.7, 6.1 .1 Consent, Written .................. 1.3.1, 3.12.8, 3, 14.2, 4.1.2, 4.3.4, -1.5.5, 9.3 2, 9.82, 9.9.1, 9.10.2, 9.10.3,10.1.2, 10.1.3, 113.1.11.3.14,11.3.11,13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4, 15 Construction Change Directive. Definition of .............. 7.3 .1 Construction Change Directives .... 1.1.1, 4.2.8, 7.1, 7.3, `).3.1 A Construction SchCdUleS, Contractor's ............... i.10, 6.1 .3 Contingent Assignment of Subcontracts ................ 5.4 Continuing Contract Performance .................... 4.3.4 Cont) act, Definition of ............................... 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7, 5.4.1.1,14 Contract Administration 1-3-3,,1, 9.-4, 9.5 Contract Aw:u(I and Fxccution, Cumctitions Relating to ...... 3.7.1, 3. 10, 5.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Contract Documents, The ... .... ............ 1,1, 1.2, 7 Conu'act Do( unic[It s, Copies Furnished and o 1". 1'se.. 1 3, 2.25. 5.3 Contract Documents, Definition of ..................... 1.11 Contract Pcrformancc During Arhitration . .......... 4.3.4, -4.5.3 Contract Sum ................... 3.8, 4.3.(1, -13.7, 4.4.4, 5.2.3, 6.1.3, -.2, 73, 9.1, 9. , l 1.3.1, 122.4, 123, 142.4 Contract Sum, Dcl'inmon of ............................ 9.1 Contract T'in,c ................. 4.3.0, +.3.8, 4. 4.4, 72.1 .3, 1.3, 8.2.1. 83.1, 9.7, 12.1.1 Contract Timc, Definition of .......................... 8.1.1 AIA DOCUMENT A201 • GFNERAL CONDITIONS OF THE CONTRA( "I' FOR CONsTRUCTR)N • FOURTFENTII EDITION 2 A201-1987 AIA" • �, 1987 Tl IF. AMFRI(:AN INST'I-TOTE OF ARCHITECTS, 1735 NI:W 1'ORK AVENUE, N.%'., �XASItINGTON. D.C. 2()000 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CONTRACTOR ....................................... 3 Contractor, Definition of ......................... 3.1, 6.1.2 Contractor's Bid .................................... 1.1.1 Contractor's Construction Schedules ............. 3.10, 6.1.3 Contractor's Employees ....... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 1 I .1.1, 14.2.1.1 Contractor's Liability Insurance ....................... 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2.4, 6, 12.2.5 Contractor's Relationship with Subcontractors ....... 1.2.4, 3.3.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship with the Architect .... 1.1-2, 3.2.1, 3.2.2, 3.3.3, 3.5.1, 3.7.3, 3.11, 3.12.8 3.16, 3.18, 4.2.3, 4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7 i.4, 9.82, 11.3.7, 1 2.1, 13.5 Contractor's Representations.. 1.2 ', 3.5.1, 3.12.7, 6.2.2, 8.2.1, 9.3.3 Contractor's Responsibilitv for Those Performing the Work ................. 3-31, 3.18, 4.2-3, 10 Contractor's Review of Contract Documents ...... 1.2.2, 32, 3.7 .3 Contractor's Right to Stop the Work ...................... 9.7 Contractors Right to Terminate the Contract ............. I 1 1.1 Contractor's Submittals ....... 3.10, i.1 1 , 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3.1, 9.81, 9.9.1, 9.1o.2, 9.10.3, 10.1.2, 11.-1_', 11.4.3 Contractors Superintendent ...................... 39, 10.2.6 Contractors Supervision and Construction Procedures...... 1.2.4. 3.3, 3.4, 41.3, 8.2.2, 81.3, 10 Contractual Liability Insurance ................. 1 I.I. 1.7, 1 1.2.1 Coordination and Correlation ............... 1.2.2, 1.2. +, 1.3.1. 3.10, 3.12.7, 0.1.3, 6.2.1 Copies Furnished of Drawings and Specifications ... 1.3, 2.2.5, 3.1 1 Correction of Work ..................... 2.3, 2.4, 4.2.1, 9.81, 9.9.1, 12.1.2. 12.2, 13.7-1.3 Cost, Definition of 7.3.6, 14.3.5 Costs .... 2. +, 3.2.1, 3.7.4, 3.8.2, 3.151, 4.3.6, 4.3.7, 4.3.8.1, 5.2.3, 6.1.1, 61.3, 6.3, 7.3.3.3, 7.3.6, 7.3.7, 9.7, 9.81, 9.10.2, 11.3-1.21 1 1.3.1.3, 1 1.3.4, 11.3.9, 12.1, 12.2.1, 122.4, 12.2.5, 13.5, 1-1 Cutting and Patching ........................... 3.14, 6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Damage to the Work ..... 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for .. 3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10. 1.4 Damages for Delay .................... 6.1 .1 , 8.3-3,9.5.1.6, 9.7 Dae of Commencement of the Work, Definition of ......... 8.1.2 Date of Substantial Completion, Definition of .............. 8.1.3 Day, Definition of ................................... 8.1.4 Decisions of the Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,91, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification .......... 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3, 2.4, 3.5.1, 4.2.1, 4.2.6, 4.3.5, 9.5.2, 9.81, 9.9.1, 10.2.5, 12, 13.7.1.3 Defective Work, Definition of ......................... 3.5.1 Definitions...... 1. 1, 2.1.1, 3.1, 3.5.1, 3.12.1, 1.12 2, 3.1_'.3, 4.1.1, -i.3.1, 5.1, 0.1.2, 71.1, 7.3.1, -7.3.6, 8.1, 9.1, 9.8.1 Delays and Extensions of Time .......... -i.3.1, 4.3.8.1, -+.3.8.2, 6.1.1, 6.2.3, 2 1, 7.3.1, 7.3.4, 7.3.5, 7.3.8, 7.3.9, 8,1.1 , 8.3, 10.3.1 , 14.1.1. 1 DiyxttcS 4.1.4, +.3, +.-i, .1.5, 6.2.5, 6.3, 7.3.8, 9.3-1.2 DOc'untents and S:unples at the Site ...................... 3.1 1 Drawings, Definition of 1. 1.5 Dr:nvutgs and Sl)cciii( ations, t'sc and ( )wnership of..... 1.1.1, 1 .3, 2.2.5, 3.11, 5.3 Duty to Review Contract Documents and Field Conditions ..... 3.2 Ftfect-c Date of Insurance ...................... 8.22, 11.1.2 Emergencies ................................. 4.3.7, 10.3 Employees, Contractor's .......... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18.1, 3.18.2, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Equipment, Labor, Materials and .......... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.3, 3-12.7, 3. 12.1 1, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 11 3, 12.2.4, 14 Execution and Progress of the Work ....... l .1.3, 1.2.3, 3.2, 3.4.1, 3.5.1, 4.2.2, 4.2.3,+.3.4, 4.3.8, 6.2.2, 7.1.3, 7.3.9, 8.2, 8.3, 9.5, 9.9.1, 10.2, 14.2, 14.3 Execution, Correlation and Intent of the Contract Documents .......................... 1.2, 3.7.1 Extensions of Time ............. 4.3.1, 4.3.8, 22.1.3, 8.3, 10.3.1 Failure of Pavment by Contractor .............. 9.5.1.3, 14.2.1.2 Failure of Pavment by Owner ................ 4.3.7, 9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ........ +. 2.1, 4.2.9, -1.32, 4 3.5, 9.10, 11.1.2, 11.1 3, 11.3.5, 12.3.1, 13.7 Financial Arrangements, Owner's ....................... 2.2.1 Fire and Extended Coverage Insurance ................... 11.3 GENERAL PROVISIONS ................................ 1 Governing Law .................................... 13.1 Guarantees (Sec Warranty and V arrnties) I i:vardous Materials ......... .................. 10.1, 10.2.4 Identification Of COntr:t(t DO(Ut11en[S ................... 1.2.1 WC11titication of subalntractors and Suppliers ............. 5.2.1 Indemnification ....... 3. 1 3.18, 9. 10.2, 10.1.4, 1 1.3.1.2, 1 1.3.7 Information and Services Required of the Owner..... 2.1.2, 2.2, 1.;.-1, 0.L.3, 6.1.-1, 0.2.0, 9._1.2, 9.6.1, 9.6.4. 9.8.3, 9.9.2, 0.10.3, 10.1.-1, 112, 11.3. 13.5.1, 13.5.2 Injury or Damage to Person or Property ................ 4.3.9 Inspc(lions......................... 3.3.3,3.3.4,3.7.1.4.2.2, -1.2.6, 4.2.9, 1.3.6, 9.4.2, 9.82, 9.91, 9.10.1. 13.5 Instructions to Bidders ............................... 1.1.1 Instructions to the Contractor. 3.8.1 , -12.8, 5.2.1, 12.1, 13.52 Insurance ....... 4.3.9. 6.1.1 , 3.6.4, 9.3. 2, 9.8.2. 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery .................... 11.3.2 Insurance, Contractor's Liability ...................... 11.1 Insurance, Effective Date of ..................... 81.2, 11.1.2 Insurance, Loss of Use ............................. 11.3.3 Insurance, Owner's Liability .......................... 11.2 Insurance, Property ........................... 10.2.5, 11.3 Insurance, Stored Materials 9.3.2, 1 1.3. L4 INSURANCE AND BONDS ............................. 11 Insurance Companies, Consent to Partial Occupancy ..9.9.1, 1 1.3.1 1 Insurance Companies, Settlement with ................. It 3.10 Intent of the Contract Documents ............... 1.2.3, 3.12.4, 4.2.6, -+2.7, -+.2.12, 4.2.13, "A Interest ........................................... 13.6 Interpretation ........ 1.2.5, 1 .-1, 1.5, 1. L 1,+.3.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written -+2.1 1, 4.2.12, -4.3.7 Joinder and ConsolicLuion of Claims Required ............. 4.5.6 Judgment on Final Award ................ 4.5.1, 4.5.4.1, 4.5.7 Labor and Materials, Equipment .... 1.1.3, 1.1.6, 3.4, 3,5.1, 3.8.2, 3.121, 3.12 3, 3.12.7, 3.12.11, 3.1 i, i. 15, 1, 4.2.7, 0.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 L.ihorDisputcs..................................... 8.3.1 L. M S and RCgL1130011S ....... 1 .3, 3.6, 3.7, 3.1 i, 1. 1 . 1, -+.5.5, -1.5.7, 9.9.1, 10.2.2, 11.1, 1 1.3, 1 3.1, l 3.4, 13,5 1, 1 3.51, 13.6 Liens .................. '. 1 .2, -1.3.2. -1.3.5.1, 8.2.2, 9. 3.3, 9.10.2 Limitation on Consolidation or Joinder ................ 4.5.5 Li 1 n il;ations. "Lit U[C5 of ................... .4.5.42, 12.2.6, 13.7 Limitations of Authority .............. I ..... 3 3.1, 4.1>, 4.2. 1, 4.2.3, +2. ', 4.2.10, 5.2.2, 5.2.4, 7. 1, 11.3.10 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONS] 14t'CTION • FOURTEENTH EDITION AIA" • �f'� 19217 THE AMERICAN INSTITUTE OF ARCI I ITECTS, 1735 NEW YORK AVENVF:, N.W., NX ASHINGTON, D.C. 2(H)06 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 3 Limitations of Liability ..... 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.10.4, 10.1.4,10.2.5,11.1.2,11.2.1,11.3.7,13.4.2,13.5.2 Limitations of Time, General ........... 2.2.1, 2.2.4, 3.2.1, 3.7.3, 3.8.2, 3.10, 3.12.5, 3.15.1, 4.2.1, 4.2.7, 4.2.11, 4.3.2, 4.3.3, 4.34.4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4, 7.4, 8.2, 9.5, 9.6.2, 9.8, 9.9, 9.10, 11.1.3, 11.31, 11.32, 11.3.5, 11.3.6,12.2.1,12.2.2,13.5,13.7 Limitations of Time, Specific ......... 2.1.2, 2.2.1, 2.4, 3.10, 3.1 1, 3.15.1,4.2.1,4.2.11,4.3,4.4,4.5,5.3,5.4,7.35,7.3.9,8.2, 9 2, 93.1, 9.33, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10,11.3.11,12.2.2,12.2.4,12.2.6,13.7,14 Loss of Use Insurance ............................. 11.3.3 Material Suppliers .............. 1.3.1, 3.12.1, 4.2.4, 42.6, 5.2.1, 9.3.1, 9.3.1.2, 9.33, 9.4.2, 9.6.5, 9.10.4 Materials, Hazardous ........................... I(). 1, 101.4 Materials, Labor, Equipment and ..... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.81, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 Means, Methods, Techniques, Sequences and Procedures of Construction .......... 3.3.1, 4.2.3, 4.2.7, 9.4.2 Minor Changes in the Work .......... 1.1.1, 4.2.8, 4.3.7, 7.1, 7.4 MISCELLANEOUS PROVISIONS ........................ 13 Modifications, Definition of ........................... 1.1.1 Modifications to the Contract ........... 1.1.1, 1.1.2, 3.7.3, 3. 11, 4.1.2,4.2.1,5.2.3,7,8.3.1,9.7 Mutual Responsibility ................................ 6.2 Nonconforming Work, Acceptance of .................. 12.3 Nonconforming Work, Rejection and Correction of ........ 2.3.1, 4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3 Notice ............. 2.3, 2.4, 3.2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, 3.12.9.3.17,4.3,4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1, 95.1, 9.6.1, 9.7, 9.10, 10.12, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 133, 13.5.1, 13.5.2, 14 Notice, Written ............... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9. 10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Notice of Tcsting and Inspections ................ 13.5.1, 13.5.2 Notice to Proceed ................................... 8.2.2 Notices, Permits, Fees and ...... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Architect's On -Site ................. 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Observations, Contractor's ....................... 1.2.2, 3.2.2 Occupancy ......................... 9.6.6, 9.8.1, 9.9, 1 1.3.1 1 On -Site Inspections by the Architect 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1 On -Site Observations by the Architect ......... 4.2.2, 4.2.5, 4.3.6, 9.42, 9.5.1, 9.10.1, 13.5 Orders, Written ............ 2.3, 3 9, 4.3.7, 7, 8.2.2, 1,1.3.9, 12. 1, 12.2, 13.5.2, 14.3.1 OWNER............................................. 2 Owner, Definition of ................................. 2.1 Owner, Information and Services Required of the ........ 2.1.2, 2.2, 1.3.4, 6, 9, 10.1.4, 11.2, 11.3, 135.1, 14.1.1.5, 14.1.3 Owner's Authority ......... 3.8.1, -1.1.3, 4?.9, 5.2.1, 5.2.4, 5.4.1, 7.3.1, 8.2.2, 9.3.1, 9.3.2, 11.4.1, 12.2.4, 11.5.2, 141, 14.3.1 Owncr's Fin:tnc'ial capabilityy ................... 2.2. I, 14.1.1.5 Owner's Liability Insurance .......................... 11.2 Owncr's Liss of I'sc Insurancee ........................ 11. 1.3 t hvner'.s Relationship with Subcontractors ............... L 11, 5.2.1, 5.4.1, 9.6. t Owner', Right to C:ury Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Owner's Right to Clean Up ............................ 6.3 Owner's Right to Perform Construction and to Award Separate Contracts ......................... 6.1 Owner's Right to Stop the Work ................... 2.3, 4.3.7 Owner's Right to Suspend [tic Work ..................... 14.3 Owner's Right to "Terminate the Contract 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents ................ l .1.1, 1.3, 2.2.5, 5.3 Partial Occupancy or Use ................. 9.6.6, 9.9, 11.3-11 Patching, Cutting and .......................... 3.14, 6.2.6 Patents, Royalties and .............................. 3.17 Payment, Applications for ................ 4.2.5, 9.2, 9.3, 9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 Payment, Certificates for ........... -1.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.1, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of. . ........................ 4.3.7, 9.5.1.3, 9.7, 9.10.2, 1-4.1-1.3, 142.12 Pavmcnt, Final ............ -t?.1, +2.9. q.3.2, -1.3.5, 9.10, 11.1.2, 11.13, 11 .3.5, 12.3 .1 Payment Bond, Performance Bond and .............. 7.3.6.4, 9.10.1, 11.3.9, 11.4 Payments, Progress 1.3.4, 9 3, 9.6, 9.8.3, 9.10.3, 13.6, 141.3 PAYMENTS AND COMPLETION ...................... 9, 14 Payments to Subcontractors .................... 5.4.2, 9.5. l .3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 1-4.2.1.2 PCB.............................................. 10.1 Performance Bond and Payment Bond ................. 7.3.6.4, 9. f o.3, 1 1.3.9, 11.4 Permits, Fees and Notices ....... 2.2.3, 3.7, 3, 13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlorinated Biphenyl ............................. 10.1 Product Data, Definition of ........................... 3. 12.2 Product Data and Samples, Shop Drawings .... 3.1 1, 3.12, 4.2.7 Progress and Completion ................... .{.2.2, 43.4, 8.2 Progress Payments -1.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 141.3 Project, Definition of the ............................. 1.1.4 Project Manual, Definition of the ...................... 1.1.7 Project Manuals .................................... 2.25 Project Representatives ............................. 42.10 Property Insurance ........................... 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ............ 1.3, 3.6, 3J, 3.13, 4.1.1, 4.5.5, 4.5.7,10.2.2,11.1,11.3,13.1,13.4,13.5.1,13.5.2,136,14 Rejection of Work ......................... 3.5.1, 4.2.6, 12.2 Releases of Waivers and Liens ......................... 9.10.2 Representations ......................... 122, 3.5.1, 3.12.7, 6.2.2,8.2.1,93.3,9.42,9.5.1,9.81,9.10.1 Representatives ............................ 2.1.1, 3.1.1, 3.9, 4.1.1, 4,2.1, -1 2.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes .................. 4.4, 4.5 Responsibility for Those Performing the Work ............ 3.3.2, 4.2.3, 6.1.3, 6.2, 10 Retainage ............... 9.3.1, 9.6.2, 9.8.3, 9.9.1, 9.101, 9.10 .3 Review of Contract Documents and Field Conditions by Contractor ............ 1.2.2.3.2, 3.7.3, 3.1 2.7 Rcvicw of Contractor's Submittals by Owner and Architcrt ............. i.10.1, 1.11!2, 3.1 I, 3.12, -1.2.7,4.2.9,5.2.1,51.3,91,9.8.2 Rcvicw of Shop Drawings, Product Data and Samples by Contractor ........................ 3.12_5 Rights and Remedies ............. 1.1.2, 2.3. 2.4, 3.5.1, 3.15.2, 4.2.6, 1.3.6, 4.5, 5.3, 6.1, 6.3, 7.3.1, 8.3.1, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties and Patents .............................. 1 3.17 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 4 A201-1987 AIA' • CSG 1987 THE AMERICAN INSTITUTE OF ARCHITECT,, 1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C. 2(X)06 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Rules and Notices for Arbitration ..................... 4.5.2 Safety of Persons and Property ....................... 10.2 Safety Precautions and Programs ........... 4.2.3, 4.2.7, 10.1 Samples, Definition of .............................. .1. 12.3 Samples, Shop Drawings, Product Data and ... 3.1 1, 3.12, 32.7 Samples at the Site, Documents and ................... 3.11 Schedule of Values ............................. 9.2, 9.3. t Schedules, Construction .............................. 3.10 Separate Contracts and Contractors .......... 1.1.4, 3.14.2, 4.2.4, 4.5.5, 6, 11.3.7, 12.1.2, 12.25 Shop Drawings, Definition of ......................... 3.12.1 Shop Drawings, Product Data and Samples .... 3.11, 3.12, 4.2.7 Site, Use of .............................. 3.13, 6.1.1, 6.2.1 Site inspections ... 1.2.2, 3.3.4, 4.2.2, 4.2.9, 4.3.6, 9.8.2, 9.10.1, 13.5 Site Visits, Architect's ................. 422, 4.2.5, 4.2.9, 4.3.6, 9.4.2, 95.1, 9.8.2, 9.9.2, 9.10.1. 13.5 Special Inspections and Testing .............. 4.2.6, 121.1, 13.5 Specifications, Definition of the ....................... 1.1.6 Specifications, The .......... 1.1.1, 1.1.6, 1.1.7, 12.4, 1.3, 3.1 1 Statutes of Limitations .................... 45.4.2, 12.2.6, 13.7 Stopping; the %York ............. 2.3, 4.3.7, 9.7, 10.1.2, 10. 3, 1 -t. 1 Stored Materials ........... 61.1, 9.3.2, 10.2.1.2, 11.3.1.4, 122.4 Subcontractor, Definition of ........................... 5.1.1 SUBCONTRACTORS .................................. 5 Subcontractors. Work by .................. 1.2.4, 3.3.2, 3.1 2. 1, 4.2.3, 5.3, 5.4 Subcontractual Relations .............. 5.3, 5.4, 9.3.1.2, 9.6.2, 9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8, I,t.1.1, 14.2.1.2, 1-4 3.2 Submittals ......... 1.3, 3.2.3, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3. 7.3.6,91,9.3.1,9.8.2,9.9.1,9.10.2,9.10.3, 10.1.2, 11.1.3 Subrogation, Waivers of. . ............... 6.1.1, 11.3.5, 11.3.7 Substantial Completion ............. 4.2.9, 4.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of .................... 9.8.1 Substitution of Subcontractors .................... 5.2.3, 52.4 Substitution of the Architect ............................ 4. 1. i Substitutions of Materials ............................. 3.5.1 Sub -subcontractor, Definition of ....................... 5.1.2 Subsurface Conditions ............................... 4.3.6 Successors and Assigns ............................ 13.2 Superintendent ............................... 3.9, 10.2,0 Supervision and Construction Procedures ...... 12.4, 3.3, 3. t, -+.2.3, 4.3.4, 6.1.3, 61.4, 7.1.3, 7.3.4, 8?, 8.3.1, 10, 12, 1 t Suretyy ............... 4.4.1, 4.4.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2. 2 Surety, Consent of ....................... 9.9.1, 9.10.2, 9, 10.1 Surveys ..................................... 2.2.2, 3.18.3 Suspension by the Owner for Convenience ............. 14.3 Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspension or -Termination of the Contract ...... 4.3.7, 5.4.1.1, 14 Taxes..................................... 3.6,7.3.6.4 Termination by the Contractor ........................ 14.1 Termination by the Owner for Cause ............. 5.4.1. t , 14.2 Termination of the Architect 4.1 .3 Termination of the Contractor ........................ 1421 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Tests and Inspections ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2.1, 13.5 TIME............................................... 8 Time, Delays and Extensions of .............. 4.3.8, 7.2.1, 8.3 Time Limits, Specific ......... 2.11, 2.2.1, 2.=4, 3.10, 3.1 1, 3.15.1, 42.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.35, 7.3.9, 8.2, 91, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 1 1.3.11, 12.2.2, 12.2.4, l 21.6, 13.7, 14 Time Limits on Claims ......... 4.3.2, 4.3.3, 4.3.6, 4.3.9, 4.4, 4.5 Title to Work ................................. 9.3.2. 9.3.3 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovering of Work ................................ 12.1 Unforeseen Conditions 4.3.6. 8.3. 1. 10.1 Unit Prices .................................. 7.1.°1, 7.3.3.2 1!se of Documents ................. L 1 . 1, 1.3, 2.25, 3.12.7, 5.3 Use of Site .............................. 3.13, 6. I . l , 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims: Final Payment ........... 4.3.5, 4.5.1, 9.10.3 Waicer of Claims by the Architect ...................... 13.4.2 Waivcr of Claims by the Contractor......... 9. 10.4, 1 1 i.7, 13.41 \Vainer of Claims by the ONN tier .............. 4.3.5, 4.5.1, 9.9.3, 9.10.3, 1 1.3.;, 11.3.5, 11.3.7, 13.42 Waiver of Liens .................................... 9. 10.2 Waivers of Subrogation ................... 6.1.1, 11.35, 113.7 Warranty and %Varranties ......................... 3.5, 41 .9, 4.3.5.3. 9.3.3, 9.8.2. 9.9.1, 12.2.2, 13.7.1.3 Weather Dclavs................................... .4.3.8.2 When Arbitration May Be Demanded .................. 4.5.4 Work, Definition of ................................. 1.1.3 Written Consent .............. I . i. I , 3. 12.8. i. 14.2, 4.11, 4.3.4, 455, 9.3.2, 9.8.2, 9.9.1, 9.10.2. 9.10.3, 10.1.2, 10.1.3, 1131--1.3.1.4, 11.3.11,13.2,13.4.2 Written Interpretations ....... ........... 4.2.11, 4.2.12, 4.3.7 Written Notice ........... 2. 3, 2. i. 3.9, 3.12 .8, 3.12.9, -+.3, 4.4.4, 4.5, 5.2.1. 5. i, 5.4.1.1, 8.2.2. 9. 1. 1, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11 3, 12.2.2, 122.4, 13.3, 13.5?, 14 Written Orders. ­ .......... ... ... 2.3, 3.9, 4.3.7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THF. CONTRAC`F FUR CONS (RUCTION • FOUKI FENTH EDITION AIA'' • �; 198-1 HE AMERICAN INSTITUTE OF ARCIIIT'ECTS, 1735 NEW YURK A% ENUE, N.W.. %r'ASHINGTON, D 200(K1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may he amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub - subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may he the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, shomrig the designs, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip - merit, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary. and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to he executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, :and unless otherwise indicated the Architect shall be deemed the author of them and will retain :all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall he returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They :ire not to be used by the Contractor or any Subcontractor, Sub - Subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONS'T'RUCTION • FOUKTEENTH EDITION 6 A201-1987 AIA1 • "91987 171E Ab1ERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. -)(X" WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 Work without the specific Nvritten consent of the Owner and Architect. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- qucntfv omit modifying words such as "all" and "any'' and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The ON�.ner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include it correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and [tic Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's Obligations tinder the Contract. [Note: Unless such reetsonable evidence trere furnished on request prior to the execution c)% it)(, :Igrvvtnent, the prusy)ective contretctor env uhl not be requireel to cwccute the Agreement or to commence the Lt"vrk./ 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site ..f the Project, and a legal description of the site. 2.2.3 I-xcept for permits :and fees which arc the responsibility Of the Contractor under the Contract Documents, the Owner 'hail Secure and pay for necessary approvals, casements, assess ments and charges required for construction, use or occupancy of permanent structures or fete permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in Orderly progress Of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article ) (Payments and Completion) and Article I I (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specificalh so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated: however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor default~ or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owncr to continence and continue correction of such Ciefault or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractor %within such second seven - clay period after receipt Of such second notice tails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the O-,vncr may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter Clue the Contractor the cost of correcting such defi- ciencies, including compensation for the architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owncr and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter duc the Contractor are not sufficient to cover such anu)unts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person Or entity identified as such in the Agreement :uxl is referred to throughout the Contract Documents as if' singular in number. The term "Contractor" means the Contractor or the Cuntracior's authorized representative. AIA DOCUMENT A201 • GENERAL CONDITIONS OFTHE CONTRACT FOR CONSTRICTION • FOIRTF.F.NTH EDITION AIA' • I'/ri7 THE A, IERICAN INSTITUTE. OF ARCHITECTS, 1735 NEW YORK AyENI'E. NAC., WASHINGTON, D.C. 20(NK) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A\201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other :and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. 'Che Contractor shall not he liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly.failed to report it to the Architect. If the Con- tractor performs any construction activity knowing; it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor Nyith the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suantto Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall he solely responsible for and have control over construc- tion nicans, methods, techniques, sequences and procedures and I<Ir coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instrcrc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 l'nlcss otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, ecjuip. stent, tools, construction equipment and machinery, water. heat, utilities, transportation, and other facilities and services necessary torr proper execution and completion of the Work, �yhether temporary or perniancnt :and whether or not incorpo- rated or to be incorporated in rile Work. 3.4.2 'I hr Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to theta. C� 3.5 WARRANTY 3.5.1 '1'l)e Contractor warrants to the Owner and Architect that materials and equipment htrnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wcrr and tear under normal usage. If required by the Architect, the Contractor shall furnish satistActory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales• consumer. use and similar taxes for the Work or portions thereof provided by the Con- tractor «•hich are legally enacted ,vhcn bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 l nless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and Other permits and governmental fees. licenses and inspections necessary for proper execution and completion of the Work Nyhich are customarily secured after execution of the Contract and which are Iegalh required N\ hen bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by la,.ys, ordinances, rules, regulations and lawful orders of public authorities hearing on performance of the Work. 3.7.3 R is not the Contractors responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to Lnvs, statutes, ordinances, building codes, :md rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall hear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all alloNvanccs stated in the Contract DOCUITC11tS. Items covered by alto-,yances shall he supplied for such amounts and by such persons or entities as the O\yner man direct• but the Contractor Shall not he required to employ persons or entities against which the Contractor makes re asonahle ohiection. 3.8.2 l'nlc'ss othcr%%ise proyidcd in the Contract Documents .1 materials and equipment under an :dlovyance shall he sciccted promptly_ by the Owner to avoid delay in the V ork; .2 ;allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable tr:ute discounts; AIA DOCUMENT A201 • GENERAL CONDIIIONS OF "1'IIE CONI RACT FOR CONSTRUCTION • t'ot'RTEENTII EDITION 8 A201-1987 AIA' • 1987 THE AMERICAN INS I ITUTE OF ARCHITECTS. 1-35 NEW YORK AVENUE. N.W., V ASHINGTON, 1) C :INNab WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Proiect to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, it schedule of submittals which is coordi- nated pith the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent tiChedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or it Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- forn)ance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for sonic portion of the Work. 3.12.3 Samples arc physical examples \which illustrate materials, cquipnu•nt or workmanship and establish standards by which the Work p ill be judged. 3.12.4 Shop Drawings, Product Data, samples and similar Sub- mittals arc not Contract DUCUInCIItS. The purpose of their sub- mittal is to demonstrate for those portions of the Work for i� which submittals are required the way the Contractor proposes to confirm to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drapings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials. field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract DOCuments. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data. Samples or similar submittals unless the Contractor has specifically informed the Architect in «-riling of such deviation at the time of submittal and the Architect has given pvritten approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or simil:u submittals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted shop Drawings, Product Data, Samples or similar Submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit tugcthcr properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRICTION • FOURTEENTH EDITION AIA' • c, 198-111 E AMERICAN INSTITUTT OF ARCHITECTS, 1735 NEW YORK AVENI'F, N.W., WAST IINGTON, D.C. 2(HX)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss •hen a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. however, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indcninifv and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss Or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone clirectly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them ur anyone for whose acts they may be liable, the indemnifica- tion ohligation under this Paragraph 3.18 shall not be limited by A limitation On amount or type of damages, compensation or hcncfits payable by or for the Contractor or a Subcontractor under Nyorkers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out Of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Dutics, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not he restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall he that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owncr's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrtnnent in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed %Fork and to determine in general if the Work is being performed in it manner indicat- ing that the Work, when completed, will be inaccordance nce with the Contract Documents. Ilowever, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or fix safer• precautions and programs in connection with the Work, since these arc solely the Contractor's responsibility ars provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's tailure to cam out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not he responsible for acts or omissions of the Con - AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 10 A201-1987 AIA" • U 1987'rilE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON. D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipluCilt suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drnvirigs, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract DUCII- mcnts. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the :activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the 0%vncr's review ;and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate fir Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vidc one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an cx�ibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. Tile Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect Rill endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not he liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The ArchitecCs decisions on matters relating to aesthetic effect will he final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a -natter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion het -ween the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest -,vith the party making the Claim. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initialiv to the Architect for action as provided in Paragraph 4.-t. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Cl.iims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or vyithin 21 clays after the claimant first recognizes the condition giving rise to the Claim, whiclicvcr is later. Claims must be made by written notice. An additional Claim made ;after the initial Claim has been implementmi by Change Order will not he considered unless submitted in a timelv manner. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION AIA-* - ' 198- THE AMERICAN INSTITUTE OFARCHITECTS, IITECTS, 1735 NEVE' YORK AVENUE, N.W., WASHINGTON, D.C. 20(W) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 11 3 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. if con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the ohserving party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must he made within 21 clays after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract sum, written notice as provided herein shall he given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a vrit- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owncr, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be tiled in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim torr an increase in the Contract Time, written notice as provided herein shall he given. The Contractor's Claim shall include an estimate of cost and of proh:able effect of delay on progress of the Work. In the cane of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data 0 substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. if either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to he asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminaryactions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or Obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the :Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to he a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in tiuhpartgraph-+.3.5. Such controversies or Claims upon which the Architect has given notice :and rendered a decision as provided in Subparagraph 1.-1.4 shall be suhject to arbitration upon written demand of either party. Arbitration may be commenced when 6 days have passed after a Claim has been referred to the Architect as provided in Paragraph -4.3 and no decision has been rendered. AIA DOCUMENT A201 • GFNF.RAI. CONDITIONS OFTHE CONTRACT FOR CONSTRUCTION • Fol'RITFNTH EDITION 12 A201-1987 AIA"' • c)1987-11 I EAMERICAN INSTITUTE OF ARCI IITECTS, 1'35 NEVI" YORK AVENUE, N.W., WASHING FON, D.C. 2uU116 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 clays' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- cceciings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits spcciticd in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.1.: is applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicabic statute of limitations as determined pursuant to Paragraph 1 j.7. 4.5.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor ,is described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor ora separate contractor :is described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsihility is insubstantial. Consent to arbitration involving all additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative Of die Subcon- tractor. The term "Subcontractor'' does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 ['nless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract. shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those iti ho are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall he increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has :acted promptly and responsively in submitting names as re(Juired. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THF. CONTRACT FOR CONSIRI'CTION - Fl)IRTELNTH EDITION AIA' - 1')R' THE AMERICAN INSTITIJI'E OFARCIII'TECTS, I -ii NEVE' YORK A�'ENt'E. N W., AASHINGTON, D.(:. 2th)(X) A201-1987 13 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specific:illy provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may he at variance with the Contract Documents. Subcontractors shall similarIv make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that dclav or additional cost is involved because of such action by the t honer, the Contractor shall make such CL•tim as provided else- where in the Contract Documents. 6.1.2 When scpat;itc contracts are awarded for different por- unns of the Project or other construction or operations on the srte, the term "Contractor" in the Contract I )ocuments in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. • 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3. 15, the Owner may clean tip and allocate the cost among those responsible as the Architect determines to he just. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 14 A201-1987 AIA'" • Cci 19R7 THE AMERICAN INSTITUTE OI' ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASIt1NGTON, D.C. 2(M)I6 WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal prosecution. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 if unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be cquitahly adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a .vritten instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: a change in the Work; .2 the a111nu7t of the adjustment in the Contract Sum, if am•; and .3 the extent of the adjustment in the Contract Timc, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for :adjustunent, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Tinic being adjusted accordingly. 7.3.2 :% Construction Change DIrCCtiVC shall be tlscd in the absence of total agreement on the terms of a Change Order. 7.3.3 11 the Construction Change Directive provides for an adjustment to the Contract Suns, the adjustment shall be based un one of the following methods: .1 mutual atccept:uice of A lump sum properly itemized and supported by SLI fticicnt substantiating data to per- mit cvalluation; .2 unit prices stated in the Contract Documents or suh- sequcntly agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall he determined by the Archi- tect on the hasis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sunt. a reasonable allowance for overhead and profit. In such case, and also under Clause ,.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together \vith appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Suhpartgraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, inchucf- ing cost of transportation, whether incorporated or cunsunoed: .3 rental costs of machineryand equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Pavment. The amount of credit to he allo%%cd by the Contrac- tor to the Owncr fora deletion or change which results in a net decrease in the Contract Sum shall he actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the all(oxvancc for overhead and profit shall be figured on the basis of nct increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjusttncnt in Contract Time or the method for determining it, the adjusuricnt or the method shall be referred to the Architect for determination. 7.3.9 Wlicn the O%veer and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract tium and Contract Tinie, or otherwise reach agree- ment upon the adjustments, such agreement shall he effective initnedia icly and shall he recorded by preparation and execu- tion of an appropriate Change Order. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONS FRU'CTION - FOUR I FENTH EDITION AIA' - 198' Tufa AAfERICAN INSTII't'TE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., \VASHINGTON. D.C. 2W06 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall he effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not he postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" .is used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. 13y executing the Agreement the Con- tractor confirms that the Contract Tinte is a reasonable period for performing the Work. 8.2.2 The Cuntnactor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of inwr ricc required by Article I 1 to be furnished by the Contractor. The date of commencement of the Work shall not he changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliVC11CS, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the• Contract 'Dime shall be extended by Change Order tier such rcasamablc tittle as the Architect nta3, determine. 8.3.2 Claims relating to time shall be made in accordance with applic:ihlc provisions of Paragraph 1.3. 8.3.3 This Paragraph 8.3 dues not pree'ludc recovery of dam- ages tor dclav by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor Slral submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- ported by such data to Substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for rcview-ing the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress p:n°ment, the Contractor shall submit to the Architect an itemized Application for Pan nicnt for operations completed in accordance With the schedule of values. Such application shall he notarized, if required, and Supported by such data substailli:u Ing the Contractors right to pan ment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material Suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications stay include requests tier payment on account of changes in the Work which have heen properly :authorized by ConSu-uction Change Directives but not yet included in Change Orders. 9.3.1.2 Such application.S n1:n• not include requests for pay- ment of :urtountS the Contractor does not intend to pay to a 5LIhC0 tr:ICtOr or materi:at Supplier because Of.1 dispute or other reason. 9.3.2 I'nless otherwise provided in the Conti -act Uoc'tlnlents, Payments shall he made on account of materials :and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in aehancc by the (hyner, payment may similarly be made for materials and equipment suitably stored off the site ata location agreed upon in writing. Payment for materials :ind equipment stored on or oft' the site shall he conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the ( )%yners title u) such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for Such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment w ill pass to the Owner no later than the time of payment. T'he Contractor further warrants that upon Submittal of :u1 Application tier Payment all Work for which Certificates for I)aN-11lCllt have been preyiousiy issued and pltyincilts received from the Owner shall, to the best of the Contractor's knowledge, inloiniation and I-wlict, be flee and clear of liens, claims, security interests or encunthrances in favor of the Contractor, Subcontractors, nsueri:al Suppliers, or other persons or entiticS ni:eking a claim by reason of liar ing provided labor, materials And equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The :\r(hitect will, within seven days :Ifter receipt of the Contractor's Application liar Payment, either issue to the AIA DOCUMENT A201 - GENERAL CONDITIONS OF T111i CONTRACT' FON CONSTRUCTION - FOURTEENTH EDITION 16 A201-1987 AIA" - 'S 1987 1l IE AMERICAN INST'11 LTE OF AWAIITEC'I S, 1-35 NEW YORK AVENUE, N \V., WASHINGTON, 1) C —'axltN, WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. V Owner a Certificate for Payment, with a copy to the Contrac- tor, for such .amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part is provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Pavment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor hati used money previously paid on account of the Contract. Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Suhparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the anunrnt of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable tiling of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot he com- pleted for the unpaid balance of the Contract Sunt; .5 damage to the ( )wner or another contractor; .6 reasonable evidence that the Work will not be com- pleted \yithin the Contract Tinic, and that the unpaid halance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification Evill be made fOl' amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall [Hake payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pav or to see to the payment of money to a Subcontractor except as may otherwise be required by laxv. 9.6.5 Payment fo material suppliers shall he treated in a manner similar to that provided in Subparagraphs 9.6?, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the (late established in the Contract Documents the amount cer- tified by the Architect or-mvarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount oNving has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the 01,yner caul occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a (onlprehensive list of items to be completed Or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list docs not alter the responsibility of tite Contractor to complete all Work in accordance with the Contract DOCU- ments. ['poll receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION AIA' - 1, 1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1755 NEW YORK AVENUE, N.V.. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 17 nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless othcm,ise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.3 ['pon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 1 1.3.1 1 and authorized by public authorities having jurisdiction over the Work. Such Partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.3.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to he occupied or portion of.the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion Or portions of the Work shall not constitute aceep- tancc of Work not complying with the requirements of the Cuntrtct Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of final Application for Payment, the Architect will promptly make k o such inspection and, when the Architect finds the Work accept- ahlc under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owners property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the irsurtnce will not he renewable to cover the period required by the Contract Documents, (i) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be Submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those prcyioush• made in writing and identified by that payee as unsettled at the time of final Application fir Payment. Such waivers shall be in addition to the waiver described in Subparagraph +.35. AIA DOCUMENT A201 - GI;'MERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION 18 A201-1987 AIA" - 1987 T'11E AMERICAN INSTITt I'rE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. _(Xft WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected auea shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arhitration has not been demanded, or by arbitration under Article -i. 10.1.3 The Contractor shall not be required pursuant to Article to perform without consent any Work relating to asbestos or polychlorinated hiphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indenmity and hold harmless the Contractor, Architect, Archi- tect s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected arca if in fact the material is ashestos or polychlorinated hiphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may he liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent d3111Age, injury or loss to: .1 employees on the Work and other persons who may he affected thereby; .2 the Work and materials and equipment to he incorpo- rated therein, whether in storage on or off the site, under care, cust,dv or control of the Contractor or the Contractor's subcontractors or sub -subcontrac- tors; and .3 other property at the site or adjacent thereto, such as races, shrubs, lawns, walks, pavements, roadways, structwts and utilities not designated for removal, relo- r:i ion or replacement in the course of construction. 10.2.2 The Contractor shall give notices and comply with applicaahle laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting clanger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, it Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts thev may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10?.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may he liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of :accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of .in emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of then[, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability henetit and other similar employee benefit acts which arc applicable to the Work to be performed; AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONST'RI'CTION • FOURTEENTH EDITION AIA' • 198' THE AMERICAN INSTITUTE OFARC111TECTS, 1735 NEW YORK AyENt'E, N.W., WASHINGTON, D.C. 2(x)16 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 19 • .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 "rhe insurance required by Subparagraph 1 1.1.1 shall be w rittcn for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made hasis, shall be maintained without interruption from date of commencement of the Work until clue of final p:t% mcnt and termination of any coverage required to be main- tained after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be tiled with the owner prior to commencement of the Work. "These Certificates and the insurance policies required by this Paragraph 1 1. 1 shall contain a provision that coverages aftitrdcd under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the ()%oner. It any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ahly available, an additional certificate evidencing continuation of Such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract D(1C'UInClItS. 11.3 PROPERTY INSURANCE 11.3.1 unlcss otherwise provided, the Owncr shall purchase and maintain, in it company or companies lawfully authorized to do business in the jurisdiction in which the Project is lorac(I, property insurance in the tunount of the initial COII- tr.(ct 11IIII as wV11 JS subsequent modifications thereto for the entire \\ Ork at the Site on a replacement cost basis without vol- unIary deductibles. Such property insurance shall be main- taurcd, unless otherwise proyidcd in the Contract Documents ur otherwise agreed in writing by all persons and entities who .-rc hC'I1ehCI;IriCS of Saach insurance, until final payment has hecm made as provided in Paragraph 9. to or until no person or entity • other than the (honer has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false - work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub - subcontractors in the \Fork, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owncr to pur- chase or maintain insurance as described .ihove. without So notilying the Contractor• then the Owner shall bear all reason- able costs properly attributable thereto. 11.3.1.3 1f the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. It the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owncr elects to purchase this insurance with Vohuuan deduc- tible anunmts, the Owner shall be responsible for payment of the additional costs not covered because Of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered bcCanse of deduCtihles. 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall coyer portions of the Work stored off the site after -\vrittcn approval of the Owner at the value established in the approval, and also portions of the Work in transit. 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insut;tncc shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.3.3 Loss of Use Insurance. The Owncr, at the Owner's option, nlay purchase and maintain Such insurance its will insure the Owner against loss of use of the O%net's property duc to fire Or other hazards, however caused. The Owner waives all rights of aclion against the Contractor for loss of use of the Ovv'IICI"S property, including consequential losses due to fire or other hazards howeycr caused. 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other sp(•cial haz- ards he included in the pr()perty insurance policy, the owner shall, if possible, include Such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. AIA DOCUMENT A201 • GENERAI. CONDITION, OF "I fIF CONTRACT FOR CONSTRIV TION • 1:01R-rEENT11 EDITION 20 A201-1987 AIA' • 198- 1IE AMERICAN INS1ITCTE OF.ARCHri-ECTS, 1-35 NEW YORK AVENUE, N.W., WASIHNGTON, D C. (t(KX, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11 .3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub -subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 1 1.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee Clause and of Subparagraph 11.3.1[). The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. 11.3.9 II' required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an -insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds rcceivecf as fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- cLttx•c with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which Case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall he covered by appropriate Change Order. 4 _* 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five clays after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or emity appearing to be a potential beneficiary of honds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish it copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If it portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If it portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs u111CSS the condition vas caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, w-hetlicr observed before or after Substantia Completion and whether or not fahriCated, installed or completed. The Contractor shall hear costs of correcting such rejected Work, including additional testing and inspec- tions an(I compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- ti) m of the Work or designated portion thereof, or after the date AIA DOCUMENT A201 - GENERAL CONDITIONS OFTHE CONTRACT FOR CONST RUCTION - FOURTEENTH EDITION AIA' - . 1987 THE AMERICAN INSTITUTE OF ARCI li'I'ECTS, 1735 NEW YORK AyENI'E, N.W., WASHIN6TON, D.C. 20(N)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 21 .r . for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed ,�yith correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owncr man• remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs Of such removal and storage within ten days after written notice. the O%vner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have home, the Contract Sum shall he reduced by the deficiency. If payments then Or thereafter due the Contractor are not sufficient to cover such anx>u t, the Contractor shall pay the difference to the ( )%cher. 12.2.5 The Contractor shall bear the cost of correcting destroyed Or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract DOCWnenIS. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract DOCuments. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation Of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract DOCunCnIS may he sought to be enforced, nor to the time within which procceclings may he commenced to establish the Contractor's liability with respect to the Con- tractor s Obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owncr prefers to accept Work which is not in a(cordance with the requirements OI the Comet Documents, the ()\\-tier may do so instead Of re(luiring its removal and cor- rection, in which case the Contract Sum will he reduced as appropriate and equitable. Such adju.stmcnt shall he effected whether or not final payment has hecn made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall he governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 'rhe Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally- responsible for all Obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 \Written notice shall be deemed to have been duly served if delivered in person to the individual or a memher Of the firm or entity or to an officer of the corporation for "vhich it was intended, or if deliverecl at or sent by registered or certified mail to the last business address known to the party giving nonce. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and Obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, Obligations, rights and remedies other,,yise imposed or availahlc by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right Or duty afforded them under the Contract, nor shall such action Or failure to act constitute approval of or acquiescence in a breach thereunder, except is may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by lays, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. f'nless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with .in independent test- ing laboratory Or entity acceptable to the Owner, or Xith the appropriate pur blic :uthorit, and shall hrtr all elated costs of tests, inspertions and approvals. The Contractor shall give the Architect tint(•h• notice of �ylxn and (\,here tests and inspec- tions are to he made so the Architect may observe such proce- clures. The Ownc•r shall hear costs Of tests, inspections or approvals which do not become requircnunts until alter bids are received Or negotiations concluded. 13.5.2 If thr Architect. 01yIlCr or public authorities IIAVing jurisdiction determine that portions Of the A\ ork require addi- tional testing. inspection or approval not inclu(IC(I under Sub- paragraph I ;.5.1, the Architect will, upon written authorization front the O(vner, instruct the Contractor to make arrangements liar such additional testing, inspection Or approval by an entity a('c'eptahlc to the Owner, and the Contractor shall give timely notice to ill(- Architect of,,vhen and where tests and inspections are to he made so the Architect inav observe such procedures. AIA DOCUMENT A201 - GFNFRAL CONDITIONS OF Till{ (.ONTRACT FOR CONSTR(`(AlON - F(ri'RTEENTH EDITION 22 A201-1987 AIA' - 1987'1 HE AMERICAN INS-] l I t'TE OF ARCIIIT F(A S, I—ti \FVC YORK A\ ENCE, N \X'., WASI IINGTON, D C 20(N)0 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall he made promptly to avoid unreasonable dda v in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments .,,hall bear interest from the date payment is duc at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Projcct is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Suhstan- tial Completion, any applicable statute of limitations shall commence to nun and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to :act Occur- ring subsc(lucnt to the relevant date of Substantial Conty)Iction and prior to issuance of the final Certiti- c:ilc for Payment, any applicable statute of lin)itations shall commence to run and any alleged cause of :action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and 3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- rahle statute of lin)itations shall con)n)ence to run and Ally allcgcd cause of auction .shall he dCCanC(I to have accrued in any and all CVCHIS not later than the (lane of :any act or lltiltire to act by the Contractor pursuant u) :ul� 'A'ananty provided under Paragraph 3.S, the date of any correction of the Work or failure to correct the ork h� the Contractor under Par:tgraph l _'._', or the (late of actual commission of any other act or failure to perti)rm any duty or obligation by the (:untractot- or (hyncr, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment vvithin the time stated in the Contract Documents: .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 1-4.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365 -day period, whichever is less; or .5 the owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph ?.?.l. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven :additional days' vyritten notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work exccutcd and for proven loss «with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and dan)ages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor bCCALISC the Owner has persistently failed to fulfill the O-wner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor mall , upon seven additional (lays' written notice to the o-,yner and the Architect, terminate the Contract and recover from the O%vner as provided in Subparagraph 1-+.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supph' enough properly skilled workers or proper materials: .2 fails to make patynicnt to SuhaultrAc tors for materials ur 1.1bor in accordance with the respective agreements between the Contractor and the SOVOntraciors; .3 pcl:sistently disregirds laaws, ordinances, or rules, reg- ulations or orders of a public authority haying juris- diction; ur .4 othcm isc is guilty of suhstantiA hrearh Of a p1m inion of the Contract Document,. 14.2.2 yy'hcn any of the ahuye reasons exist. the owner. upon ccrtificttion by the :Architect that sufficient rause exists to jus - AIA DOCUMENT A201 - GENERAL CONDITIONS of: THE CONTRACT FOR CONS Kt'CTION - Fol R-1 EDIT JON AIA' - . 198- -FIIE AMERICAN INSI'IT("Ila OF AR(:Ifl [ ECTS, 1?35 NEE' YORK AVENI'E, N.W., \\AIHING'FON, D.C. SUutA, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 24 A201-1987 AIA' • ©1987 THE AMERICAN INSTITt1TE OF ARCHITECTS, 1735 NEVE' YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 3/87 • SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Changes ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall inslude all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations. (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual - including specified provision for the Contractor's obligations under Paragragh 4.18. (5) Owned, non -owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $100,000. .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 shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. RESTROOM FACILITIES H - 1 E d. Property Damage Liability Insurance shall include Coverage fot the following hazards: C (collapse), U (underground) e. Contractual Liability (Hold Harmless Coverage): (1) Bodily Injury: $ 1,000,000 Each Occurance (2) Property Damage: $250,000 Each Occurance $250,000 Aggregate. f. Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate .3 Comperhensive Automobile Liability (owned, non -owned, hired): a. Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $250,000 Each Occurance ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION RESTROOM FACILITIES H - 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Contractor) (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 (Here insert full name, address and description of project) 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of 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 lEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N.Y. AVE.. N.W., WASHINGTON, D. C. 20006 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. i PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de•• termination by Surety of the lowest responsible bidder„ or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this day of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. 19 rPnnc pal) (seal) (Witness) !Title) (Sumry-) (scall (Wilness) (Title) 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. M006 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and 19 subject to legal prosecution. ._,a _�. 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 as Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Contractor) (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. copyright laws and Is subject to legal prosecution. A 0 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephoner service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses, of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this (Witness) (W)In(,%%) day of accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified maili postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. 19 (Principal) (Seal) (Title) (5urely) (seal) AIA DOCUMENT A311 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA FEBRUARY 1970 ED. - THE AMERICAN INSTITUTE OF ARCHITECTS, 17JS N.Y. AVE., N.W., WASHINGTON, D. C. 2(R)06 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 4 0 0 SECT ION J FORA,i OF 14AINTS^ND KNOW ALL 1,/�E1l BY THESE PRESENTS: Tnz'i We, (hereinafter coiled the Principal) as Principal the_' c Co:por.. ion �:-i�n cn ofilice and place o; business for the Siate of tQew Fork ct , New Yorl•, (hereinafter tolled the Surety) as Surety, are held and firmly bcund unto the (hereinafter ce ed the Obligee) as Oblioee in the sum o; (S ).DOLLARS, lawful Honey of the United States of Americc, for tr:e payment whi ereof the Principal and Surety oind themselves, their successors one e_sions, jointly oncl severally, firmly 6y these presents. Signed, sealed and dated this day of , 14 `.he Principal heretofore entered into a % ririen contract with the Oblige< for Vt WHEREAS, said C.ontroct provides that the Principal shall guarantee NOW, THEREFORE, the condition of this obligation is such, that if the above Prin- cipal shall indemnify the Obligee against loss by reason of his Failure to make good at his ovin expense any defects or deficiencies.in materials or workmanship which may appear in the work under sold contract with the period of year (s) from the dote of occeptonce of the v.,ork, then this oblicaiion seoll bee void; of Tenvise to remain in full force and effect. Principal BY: BY: RESTROOM FACILITIES J - 1 SECTION K GENERAL RELEASE (To Be Submitted With Requisition For Final Payment) KNOW ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/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,extents, executions, claims and demands whatsoever in law and equity, which against the said , (Owner/Contracting Agency) and JAMES A RICHTER, R.A. now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the const- ruction, in accordance with contract entered into between parties hereto, dated , ninteen hundred and ninty and any admittance or supplements thereto. IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporated seal to be hereto affixed and duly attested by its this day of _ 19 Attest: Principal: RESTROOM FACILITIES K - 1 PREVAILING WAGE RATES WAGE DETER-MINATION for RESTROOM FACILITIES at TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 1.1971 ATTACHED TO THIS PAGE RESTROOM FACILITIES L - 1 0 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS t1 ALBANY, NY 12240 Schedule Type -COMPLETE Date 03/17/92 Refer to: PREVAILING RATE CASE NO. T/0 SOUTHOLD PRC 9201817 SUFFOLK COUNTY to: JAMES MCMAHON Location and Type of Project TOWN HALL PROJECT ID #: NONE MAIN ROAD TOWN BEACH PROJECT REBUILD RESTROOM FACILITY SOUTHOLD NY 11971 AT TOWN BEACH 7/0 SOUTHOLD 9B 01 In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW -16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. The attached rates are based on the latest information available to the Department of Labor, Bureau of Public Work. Care should be taken to review the rates for obvious errors. It is the responsiblility of the Public Work contractor to use the proper rate. Any corrections should be brought to the Department's attention immediately. This schedule is applicable only from July 1, 1991 through June 30, 1992, unless otherwise noted. If your project goes beyond the period covered by this determination, a new determination should be requested when this schedule expires. Note: A 1983 AMENDMENT TO SECTION 220 OF THE LABOR LAW REQUIRES THE PRESERVATION OF ORIGINAL OR TRANSCRIPTS OF PAYROLL RECORDS FOR THREE YEARS FROM THE DATE OF COMPLETION OF THE WORK IN THE AWARDED CONTRACT. Very truly yours, CHET RYSEDORPH, DIRECTOR NOTICE TO CONTRACTING AGENCIES : Upon cancellation or completion of this project, enter the necessary information and return this page to the ALBANY OFFICE of the BUREAU at the address listed below: PROJECT HAS BEEN Date Completed Date Cancelled Date Postponed Until Signature Title Contracting Agency For Additional Information, contact the following District Offices: St.Off.Bldg.#12, Campus, Albany N.Y.12240 65 Court St.,Buffalo N.Y.14202 155 Main Street West, Rochester N.Y.14614 30 Wall St.,Binghamton N.Y.13901 175 Fulton Ave., Hempstead N.Y.11550 333 East Washington St.,Syracuse N.Y.13202 207 Genesee St., Utica N.Y.13501 30 Glenn St—White Plains N.Y.10603 PW -200 (6-85) docm: letterla CONTRACT REQUIREMENTS Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission appointed pursuant to law is a party and which mayvinvolve the employment of laborers, workers or mechanics, shall comply with the requirements of Article 8 (Sections 220-223) of the New York State Labor Law: No laborer, worker or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by. the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. (See Section 220.2) 2. Each laborer, worker or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages as indicated on the wage schedule provided by the Department, Bureau of Public Work. The prevailing rate of wage shall be annually determined no later than thirty days prior to July first of each year. The prevailing rate of wage for the period commencing July first of such year through June thirtieth, inclusive, of the following year shall be the rate of wage set forth in collective bargaining agreements for the same period, including those increases for such period which are directly ascer- tainable from such collective bargaining agreements. (See Sections 220.3, 220.5) It shall be the duty of the department of jurisdiction to file with the fiscal officer, the classification of workers, mechanics and laborers to be employed on a public work project, together with a statement of the work to be performed by each classification. (See Section 220.3-a) The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of all wage rates and supplements to be paid or provided for the various classes of mechanics, workers or laborers. (See Section 220.3-a) No employee shall be deemed to be an apprentice unless individually registered in a program registered with the New York State Department of Labor. The allowable ratio of apprentices to journey -level workers in any craft classification shall not be greater than the ratio permitted to the contractor as to its work force on any job under the registered program. Any employee who is not registered as above, shall be paid or provided the prevailing wage and supplement rate for the journey -level classification of work actually performed. The contractor or sub- contractor will be required to furnish written evidence of registration of its program and apprentices as well as of the appropriate ratios and wage and supple- ment rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) (a) No contractor, subcontractor, nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. (See Section 220-e(a)) (b) No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex or national origin. (See Section 220- e(b)) NOTE: The Human Rights Law also prohibits discrimination in employment because of age, marital status or religion. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of fifty dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract. (See Section 220-e(c)) (d) The contract may be cancelled or terminated by the State or municipality, and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of the anti- discrimination sections of the contract. (See Section 220-e(d)) (a) All contractors or their subcontractors shall provide to their sub- contractors a copy of the prevailing wage rate schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8 of the Labor Law. (See Section 220-a) (b) All subcontractors engaged by a public improvement contractor or its subcontractor, upon receipt of the original schedule and any sub- sequently issued schedules, shall provide to such contractor or sub- contractor a verified statement attesting that the subcontractor has received the wage schedule and will pay or provide the applicable rate of wages and supplements specified therein. (See Section 220-a) PW -3 (12-88). f 0 0 ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK PROJECTS IN NEW YORK STATE If INTRODUCTION: Below are the major provisions of the Labor Law covering workers on public work projects. HOURS: A laborer, worker or mechanic is perm fitted to work on a public work project no more than eight hours a day and no more than five days in a week, except in case of extraordinary emergency such as fire, flood or danger to life or property. You may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project. WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work project shall be not less than those listed in the current prevailing rate schedule for the locality where the work is performed. If a prevailing rate schedule for the project has not been provided to the prime contractor by the department of jurisdiction (i.e.,the governmental entity awarding the public work contract), or to a subcontractor by the prime contractor, the applicable schedule must be obtained from the Department of Jurisdiction, who must make written application to the Bureau of Public Work, Labor Department, Building No. 12, State Office Building Campus, Albany, New York 12240. The prime contractor is responsible for any underpayments of prevailing wages or supplements by its subcontractors. PAYROLL RECORDS: Every contractor and subcontractor must keep originals or transcripts of payroll records, showing for each person employed on public work, the following: 1.Name, 2.Address and phone number, 3.Social Security number, 4.Occupational classifications in which worked, S.Hourly wage rate paid, 6.Supplements provided, 7.Daily and weekly number of hours worked in each classification, 8.Deductions made, 9. Actual wages paid. When payroll records are requested by the Commissioner each payroll record must be affirmed as true under the penalties of perjury which means a notarized signature to that effect. Such records must be kept on the site of the work when the contractor or subcontractor does not maintain a regular place of business in New York State and the amount of the contract exceeds $25,000. All other contractors and subcontractors must within five days after request produce at the work site the orignal payrolls or transcripts. The original payrolls or transcripts must be preserved for three years from the date of completion of the project. POSTING: The current prevailing rate schedule must be posted in a prominent and accessible place on the site of the public work project. PW19 (9-88) ... (Continued) a NOTICE of NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES ( ' ) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. The annual determination of the prevailing rates of wages and supplements for workers employed on public work projects throughout the state will be published on May 31st of each year. These new rates will be in effect July 1st thru June 30th. This new determination will supersede the original schedule or any prior issued annual determination It is the responsibility of the contracting agency or its agent to provide all prevailing rate schedules to contractors immediately upon receipt. Any rate change from a previously issued determination becomes effective July 1St, regardless of whether the new determination has been received by the contractor. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates that additional adjustments become effective. PW -202 (5-90) docm: letterd VERIFYING THE REGISTRATION OF APPRENTICES Certain State and Federal Laws require that apprentices must be individually registered as such in order to be paid apprenticeship rates on Public Work. The New York State Labor Department is the official registration agency for apprentices in New York State. No other Federal or State Agency or office registers apprentices in New York State. Each year the apprentice training central office in Albany receives hundreds of requests from Federal and State Agencies, Contractors, and other interested parties requesting verification of individual apprentice registrations. The following information is provided in order to clarify New York State procedures. All registered apprentices in New York State are individually registered by name, address, social security number, starting date of training, and other related data. This information is computerized and is available ONLY through the Albany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, Job Service and Training Division, Building 12, Room 223, State Office Building Campus, Albany, New York 12240. All inquiries MUST include name and social security number and will be answered in writing. The response will indicate whether or not the individual is registered, and if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices outside Albany can provide conslusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any individual is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards or copies of state forms are not conclusive proof of the registration of any individual as an apprentice. PW - 203 (4-86) docm: letter2e 0 State of New York Department of Labor PREVAILING RATE SCHEDULE ( ' )See WE PAGE ATTACHED Case Number 9201817 SUFFOLK COUNTY Bureau of Public Work 9b-7/01/91 thru 6/30/92 Published -02/20/92 Page 1 PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the interpretaation of particular requirements, for each classification of worker, contained in the attached Schedule of Prevailing Rates. Paid Holidays Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. Holiday Pay Holiday pay is the premium pay that is required for work performed on the holidays contained in the negotiated agreement used to establish a prevailing rate. Holiday pay is only applicable where an employee actually performs work on such days. The required rate of pay for covered holidays can be found in the Overtime Pay section listed for each classification. Not all of The holidays on which, if worked, a premium rate of pay is required are listed in the attached schedule. If you have any questions or need additional information concerning this requirement, please contact the Bureau of Public Work at the number listed below. Supplemental Benefits Particular attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some classifications require the payment or provision of supplements for each hour paid (this may include paid holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. Effective Dates When you review the schedule for a particular trade or occupation, your attention should be directed to the dates above the column(s) of rates. These are the dates that any adjustments become effective. However, if the last date listed in a particular occupation is prior to June 30 of the current year, the rate listed for that time period is valid until the new annual determination takes effect on July 1 of that year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements and, if the department of jurisdiction does not provide a copy of the current annual determination on or before July 1, you should contact the Bureau of Public Work for the correct information. Shift Differential Where listed, a shift differential requires additional or premium pay for all work performed after the first shift in each 24 hour period. If you have any questions concerning the attached schedule or would like additional information, please contact the BUREAU of PUBLIC WORK at (518) 457-5589 or write to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC WORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEW YORK 12240. (7/01/91) • PREVAILING RATE SCHEDUL0 )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor 9201817 Public Work 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 2 OVERTIME Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the OVERTIME section. ( A ) Time and one half of the hourly rate after 7 hours per day. ( AA ) Time and one half of the hourly rate after 7 and one half hours per day. ( 8 ) Time and one half of the hourly rate after 8 hours per day. ( 81) Time and one half of the hourly rate for the 9th. & 10th. hours Week days and the 1st. 8 hours on Saturday. Double the hourly rate for all additional hours. ( C ) Double the hourly rate after 7 hours per day. ( CC) Double the hourly rate after 7 and one half hours per day. ( Cl) Double the hourly rate after 7 and one half hours per day. ( D ) Double the hourly rate after 8 hours per day. ( D1) Double the hourly rate after 9 hours per day. ( E ) Time and one half of the hourly rate on Saturday. ( E1) Time and one half 1st 4 hours on Saturday double the hourly rate all additional Saturday hours. ( E2) Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather. ( E3) Between Nov. 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that weekdue to inclement weather, provided a given employee has worked between 16 and 32 hours that week. ( E4) Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather ( F ) Time and one half of the hourly rate on Saturday and Sunday. ( G ) Time and one half of the hourly rate on Saturday and Holidays. ( H ) Time and one half of the hourly rate on Saturday, Sunday and Holidays. ( I ) Time and one half of the hourly rate on Sunday. ( J ) Time and one half of the hourly rate on Sunday and Holidays. ( K ) Time and one half of the hourly rate on Holidays. ( L ) Double the hourly rate on Saturday. ( M ) Double the hourly rate on Saturday and Sunday. ( N ) Double the hourly rate on Saturday and Holidays. ( 0 ) Double the hourly rate on Saturday, Sunday and Holidays. ( P ) Double the hourly rate on Sunday. ( 0 ) Double the hourly rate on Sunday and Holidays. ( R ) Double the hourly rate on Holidays. ( S ) Two and one half times the hourly rate for Holidays, if worked. ( T ) Triple the hourly rate for Holidays, if worked. ( U ) Four times the hourly rate for Holidays, if worked. ( V ) Incluing benefits at SAME PREMIUM as shown for overtime. ( W ) Time and one half for benefit on all overtime hours. NOTE: BENEFITS are PER HOUR WORKED, for each hour worked, unless otherwise noted HOLIDAYS Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally classified. 1 ) None. 2 ) Labor Day. 3 ) Memorial Day and Labor Day. 4 ) Memorial Day and July 4th. 5 ) Memorial Day, July 4th and Labor 6 ) New Years Day, Thanksgiving Day 7 ) Lincoln's Birthday, Washington's 8 ) Good Friday. 9 ) Lincoln's Birthday. 10 ) Washington's Birthday. 11 ) Columbus Day. 12 ) Election Day. 13 ) Presidential Election Day. 14 ) 1/2 Day on Presidential Election 15 ) Veteran's Day. 16 ) Day after Thanksgiving Day. 17 ) July 4th. 18 ) 1/2 Day before Christmas Day. 19 ) 1/2 Day before New Years Day. 20 ) Thanksgiving Day. 21 ) New Years Day. 22 ) Christmas Day. 23 ) Day before Christmas. 24 ) Day before New Years Day. 25 ) Presidents Day. 26 ) Martin Luther King, Jr. Day. Day. and Christmas Day. Birthday and Veterans Day. Day. (7/01/91) OVERTIME and HOLIDAY REQUIREMENTS PREVAILING RATE SCHEDULE ( )See h,0CE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 3 ASBESTOS WORKER WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92 6/30/91 12/31/91 6/30/92 12/31/92 Asbestos Worker ............. $ 25.97 Additional Additional Additional OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTALB NEF T :(per hour worked) Health/welfare....... 3.19 1.00 1.25 1.50 Pension ............... 2.16 per per per Annuity ............... 5.25 hour hour hour Vacation .............. 3.05 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-12 WAGES(per hour) 6/01/90- 5/31/91 Asbestos Worker Removal 8 Abatement Only..... $ 21.66 OVERTIME PAY: See (B,E,0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTALBENEFITS:(per hour worked) Health/welfare........$ 2.00 Annuity ............... 2.20 Training .............. .50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-201nyc+ BOILERMAKER WAGES(per hour) 9/01/90- 9/01/91- 9/01/92- 8/31/91 8/31/92 8/31/93 Boilermaker.......... $ 27.30 28.50 30.00 OVERTIME PAY: New Work See ( C,O ) on OVERTIME PAGE attached. OVERTIME PAY: Repair Work See (8,0) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 8,16,23,24) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th. 6th. 7th. 8th. 60% 65% 70% 75% 80% 85% 90% 95% SUPPLEMENTALBENEFITS:(per hour worked) Health/welfare........$ 2.25 2.25 2.25 Pension ............... 16% 16% 17% Apprentice Training... .15 15 15 Vacation .............. 12% 13% 15% Annuity ............... 15% 15% 15% Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-5 PREVAILING RATE SCHEDU19( • )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 4 CARPENTER WAGES(per hour) 9/01/85- 8/30/87 Building: Draper ............... $ 14.26 OVERTIME PAY: See ( A. E, P, S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5,6,9,10,11,12) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........ $ 1.46 Pension ............... 6 % Listed supplements apply to ply classifications ( x )Yes ( )No. B -44D WAGES(per hour) ------------------------------ 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Building: Millwright........... 21.79 22.79 23.79 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 55% 65% 75% 95% SUPPLEMENTAL FIT.:(per hour worked) Health/Welfare...... 4.04 4.98 5.77 Pension ............... 3.09 3.09 3.09 Annuity ............... 4.87 4.94 5.00 Apprentice Training... .30 .35 .50 Scholarship........... .04 .04 .04 Vacation .............. 3.47 3.54 3.67 Listed supplements apply to ALL classifications ( x )Yes ( .)No. 8-740 WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Piledriver........... 24.66 25.66 26.66 Dockbuilder.......... 24.66 25.66 26.66 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th, 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked - See below. ------------------------------ 8-1456 PREVAILING RATE SCHEDULE ( )See OCE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 • Published -02/20/92 SUFFOLK COUNTY Page 5 Carpenter (cont) WAGES(per hour) 7/01/90- 7/01/91- 7/01/92 6/30/91 6/30/92 6/30/93 Marine Construction: Marine Diver ......... $ 29.49 30.77 32.05 " Tender.... 22.73 23.62 24.51 QVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1456/D WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Timberman .........$ 22.82 23.72 24.62 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( i ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd, 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1536h The following Supplemental Benefits apply to the preceding Carpenter categories and/or occupational titles unless otherwise noted. SUPPLEMENTAL BENEFITS:(per hour worked) for ALL Categories Except Apprentices Health/Welfare ........ $ 4.04 4.98 5.77 Pension ............... 3.09 3.09 3.09 Annuity ............... 1.85 1.90 2.00 Apprentice Training... .30 .35 .50 Vacation .............. 2.10 2.10 2.10 Scholarship.......... .04 .04 .04 SUPPLEMENTAL BENEFITS:(per hour worked) for Apprentices Health/Welfare ........ $ 4.04 4.98 5.77 Pension ............... 1.55 1.55 1.55 Annuity ............... .93 .95 1.00 Apprentice Training... .30 .35 .50 Vacation .............. 1.05 1.05 1.05 Scholarship........... .04 .04 .04 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-nyc/supp State of New York Department of Labor PREVAILING RATE SCHEDULE'( ' )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 6 Carpenter (cont.) WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Building: Carpenter............ $ 24.00 24.84 Additional 2.00 per hr Heavy/Highway: Carpenter............ $ 24.05 24.89 OVERTIME PAY: See ( A, G ) on OVERTIME PAGE attached. PAID HOLIDAYS_: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd, 3rd. 4th, 40% 55% 65% 80% SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 4.23.4.23 4.74.4.74 Pension ............... 2.23.1.12 2.64.1.32 Apprentice Training... .28• .14 .36• .18 Vacation .............. 1.90• .95 1.90• .95 Annuity ............... 2.10.1.05 2.26'1.13 Scholarship Fund...... .01• .005 .01• .005 Listed supplements apply to ALL classifications ( )Yes E x )No. (')1st 8 2nd term Appr. Benefits in second column, all others full benefits. 4-SUF ELEVATOR WAGES (per hour) 7/01/91- 7/01/92- 6/30/92 6/30/93 Elevator Constructor ... $ 26.58 27.77 " Helper over 600 hrs. 19.935 20.83 " up to 600 hrs. 13.29 13.885 Elev. (Modernization).. 23.21 24.21 " Helper over 600 hrs. 17.41 18.16 " up to 600 hrs. 13.29 13.885 OVERTIME PAY:CONSTR.See ( C,M,T ) on OVERTIME PAGE attached. OVERTIME PAY:MODERN.See ( B,F,S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (5,6,7,11,12) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Construction Modernization Health/Welfare ........ $ 3.495.3.495 3.845.3.845 Pension ............... 2.09 '2.09 2.19 '2.19 Education............ .085• .085 .085• .085 Annuity -Construction.. 2.40 "2.40 2.65 •2.65 Annuity -Modernization. 2.25 '2.25 2.50 '2.50 Vacation .............. 4% ' 4% 4% 4% Listed supplements apply to ALL classifications ( )Yes ( x )No. (')"Helper" supplements appear in second column. 8-1 GLAZIER AGE (per hour) 7/01/90- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Glazier .............. $ 22.60 Additional Additional Additional OVERTIME PAY: See ( C, 0, V) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare........$ 2.48 1.10 1.10 1.10 Pension ............... 1.56 per per per Apprentice Training... .13 hour hour hour Vacation .............. 2.50 Annuity............... 5.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-1087 PREVAILING RATE SCHEDULE ( )See NOCE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 ' Published -02/20/92 SUFFOLK COUNTY Page 7 ELECTRICIAN AGES(per hour) 5/01/91- 5/01/92- 4/30/92 4/30/93 Electrician.......... $ 28.00 29.35 Audio/Sound.......... 28.00 29.35 Fire/Intruder Alarm.. 28.00 29.35 OVERTIME PAY: See Following Note' plus ( 0 ) on OVERTIME PAGE attached. Note': 8th, 9th 8 10th hrs of wk weekdays to be paid at 1 1/2 times straight time rate PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: 1st yr Appr to other Apprentices to Journeymen (0-1-1) (1-1-1) (1-1-2) (1-1-3) (1-2-4) (2-2-4) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. gnd. 3rd 4th 5th 6th 30% 35% 40% 50% 60% 70% SUPPLEMENTALBENEFITS:(percents based on gross wages -others per hour) Health/welfare........$ 4.53'Note 5.09'Note Pension ............... 2.10'Note' 2.20'Note Suppl.Unemploy.Benefit .25' .25 .25' .25 Apprentice Training... .12' .12 .12' .12 Annuity .............. 3.22'Note 3.38'Note Benefit Fund.......... .84'Note .88'Note Vacation ............. 2.66'Note 2.79'Note Listed supplements apply to ALL classifications ( )Yes ( x )No. Apprentice suppplemebts appear in second column. Note- Appr Ben.- Term- 1st 2nd 3rd 4th 5th 6th H/W 91/92 2.18 2.35 2.51 2.85 3.19 3.52 92/93 2.63 2.80 2.98 3.33 3.68 4.04 Pen 91/92 .63 .74 .84 1.05 1.26 1.47 92/93 .66 .77 .88 1.10 1.32 1.54 Ann 91/92 .97 1.13 1.29 1.61 1.93 2.25 92/93 1.01 1.18 1.35 1.69 2.02 2.37 Ben 91/92 .25 .29 .34 .42 .50 .59 92/93 .26 .31 .35 .44 .53 .62 Vac 91/92 .80 .93 1.06 1.33 1.60 1.86 92/93 .84 .98 1.12 1.39 1.67 1.95 4-25 PREVAILING RATE SCHEDUS ' )See NOTICE PAGE ATTACHED , State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 8 ELECTRICIAN (cont) WAGES(per hour) 5/01/91- 5/01/92- 4/30/92 4/30/93 Lineman .............. $ 28.00 29.35 Technician........... 28.00 29.35 Heavy Equip. Oper.... 28.00 29.35 Truck Driver......... 28.00 29.35 Groundman............ 28.00 29.35 OVERTIME PAY: See Following Note- plus ( 0 ) on OVERTIME PAGE attached. Note': 8th, 9th & 10th hrs of wk weekdays to be paid at 1 1/2 times straight time rate PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: 1st yr Appr to other Apprentices to Journeymen (0-1-1) (1-1-1) (1-1-2) (1-1-3) (1-2-4) (2-2-4) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th. 6th 30% 35% 40% 50% 60% 70% SUPPLEMENTAL BENEFITS:( percents based on gross wages -others per hour) Health/welfare........$ 4.53'Note 5.09'Note Pension ............... 2.10'Note' 2.20'Note Suppl.Unemploy.Benefit .25' .25 .25' .25 Apprentice Training... .12' .12 .12' .12 Annuity .............. 3.22'Note 3.38'Note Benefit Fund...........84'Note .88'Note Vacation ............. 2.66'Note 2.79'Note Listed supplements apply to ALL classifications ( )Yes ( x )No. Apprentice suppplemebts appear in second column. Note- Appr Ben.- Term- 1st 2nd 3rd 4th 5th 6th H/W 91/92 2.18 2.35 2.51 2.85 3.19 3.52 92/93 2.63 2.80 2.98 3.33 3.68 4.04 Pen 91/92 .63 .74 .84 1.05 1.26 1.47 92/93 .66 .77 .88 1.10 1.32 1.54 Ann 91/92 .97 1.13 1.29 1.61 1.93 2.25 92/93 1.01 1.18 1.35 1.69 2.02 2.37 Ben 91/92 .25 .29 .34 .42 .50 .59 92/93 .26 .31 .35 .44 .53 .62 Vac 91/92 .80 .93 1.06 1.33 1.60 1.86 92/93 .84 .98 1.12 1.39 1.67 1.95 4-251ine ------------------------------- Applicable to electrical maintenance of existing electrical systems including, but not limited to, traffic signals and street lighting. WAGES(per hour) 5/01/91- 4/30/92 Electrician 21.76 OVERTIME PAY: See ( B, G, P ) on OVERTIME: PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 2 - 2 ) ( 3 - 3 ) APPRENTICES: ( 1 ) year terms at the following Wage. 1st. 2nd. 3rd. 4th. 40% 50% 60% 80% SUPPLEMENTAL BENEFITS:(percent on gross wages earned) Health/Welfare ........ $ 9 1/2%+.75 Pension ............... 5 1/2% Annuity ............... 9% Vacation and Holidays. 8 1/2% Appr. Training......... 1/2% Listed supplements apply to ALL classifications ( X )Yes ( )No 4-25m State of New York Department of Labor a PREVAILING RATE SCHEDULE ( )See 10CE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 9 TELEPHONE Rates below are for telephone work up to Point of Demarcation. Point of Demarcation is defined as the point of interconnection between customer provided equipment and telephone company provided facilities. WAGES(per hour) 8/07/88- / / Telephone System Technician/Cable Splicing Starting.......... 6.90 After 6 mos....... 7.59 12 mos....... 8.33 " 18 mos....... 9.18 24 mos....... 10.09 30 mos....... 11.08 36 mos....... 12.20 " 42 mos....... 13.40 48 mos....... 14.74 " 54 mos....... 16.20 ' 60 mos....... 17.83 Cable Splicing Technician Helper Start ................. 6.08 After 6 mos......... 6.68 " 12 mos.......... 7.33 18 mos.......... 8.06 " 24 mos.......... 8.85 " 30 mos.......... 9.74 " 36 mos.......... 10.71 42 mos.......... 11.78 48 mos.......... 12.94 Service Technician Starting.......... 6.90 After 6 mos....... 7.58 " 12 mos....... 8.33 18 mos....... 9.15 24 mos....... 10.05 30 mos....... 11.05 36 mos....... 12.14 " 42 mos....... 13.35 " 48 mos....... 14.66 " 54 mos....... 16.13 ' 60 mos....... 17.74 OVERTIME PAY: See ( ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( ) APPRENTICES: (None ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare ........ $ 10.0% Pension ............... 1.8% Savings/Security...... 1.8% Income Protect Fund... .4% Listed supplements apply to ALL classifications ( )Yes ( )No. nytele/ns 0 PREVAILING RATE SCHEDUL9( • )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor 9201817 Public Work 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY " Page 10 TELEPHONE(cont) Rates listed below are for installation of customer provided telephone equipment from point of demarcation. WAGES(per hour) 5/27/90- 5/26/91- 5/25/91 Telephone System Technician Starting.......... 6.88 7.03 After 6 mos....... 7.61 7.77 12 mos....... 8.40 8.58 " 18 mos....... 9.28 9.48 " 24 mos....... 10.26 10.48 " 30 mos....... 11.32 11.58 " 36 mos....... 12.51 12.80 " 42 mos....... 13.82 14.13 48 mos....... 15.27 15.61 " 54 mos....... 16.87 17.25 " 60 mos....... 18.63 19.06 Technician Asst. Start ................. 6.38 6.52 After 6 mos.......... 7.01 7.16 " 12 mos.......... 7.70 7.86 " 18 mos.......... 8.45 8.63 " 24 mos .......... 9.27 9.48 " 30 mos.......... 10.18 10.41 Senior Technician Starting.......... 6.88 7.03 After 6 mos....... 7.65 7.81 " 12 mos....... 8.48 8.67 " 18 mos....... 9.42 9.62 " 24 mos....... 10.46 10.68 " 30 mos....... 11.61 11.86 " 36 mos....... 12.88 13.17 " 42 mos....... 14.31 14.62 " 48 mos....... 15.88 16.23 " 54 mos....... 17.63 18.02 " 60 mos....... 19.57 20.00 Services Technician Start ................. 6.88 7.03 After 6 mos.......... 7.61 7.77 " 12 mos.......... 8.40 8.58 " 18 mos.......... 9.28 9.48 " 24 mos.......... 10.26 10.48 " 30 mos.......... 11.32 11.58 36 mos.......... 12.51 12.80 " 42 mos.......... 13.82 14.13 " 48 mos.......... 15.27 15.61 " 54 mos.......... 16.21 16.57 OVERTIME PAY: See (B,I,S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5,6,16 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare ........ $ 10%'Note 10%•Note Pension ............... 4.8%'Note 4.8%'Note Training .............. 4.5%`Note 4.5%Note Listed supplements apply to ALL classifications ( )Yes ( X )No. 'Note- Listed Benefits are for Full Time 8 Part Time Employees working 25 or more hours per week. Other Part Time Employee benefits are as follows. 0-16 hrs.- H/W- 0; Pen.- 4.8%; Training- 4.5% 17-24 hrs.- H/W- 5%; Pen. 4.8%; Training- 4.5% att/ + State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See N910E PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 11 IRONWORKER 7/01/92- WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 6/30/93 Structural........... $ 22.50 Additional Additional Additional Riggers .............. 22.50 1.20 1.20 2.45 Machinery Movers...... 22.50 per per per " Erectors.... 22.50 hour hour hour OVERTIME PAY: See ( B, E, 0, V ) on OVERTIME PAGE attached. of Journeyman's PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. 1st. 2nd. 3rd, ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) 50% 75% 85% APPRENTICES: ( 1/2 ) year terms at the following wage. SUPPLEMENTAL BENEFITS:(per hour worked) 1st. 2nd. 3rd. 4th, 5th. 6th. Health/Welfare ........ $ 3.81.3.81 1.90 2.05 12.09 12.69 12.69 13.30 13.30 13.30 Pension ............... 1.95.1.95 per per SUPPLEMENTAL BENEFITS:(per hour worked) Apprentice Training... .08' .08 hour hour Health/Welfare ........ $ 3.90.3.90 Vacation .............. 2.50• note Pension ............... 3.50.3.50 Annuity ............... 4.25• note Apprentice Training... .18' .18 Scholarship Fund...... .04' .04 Vacation .............. 5.85.3.70 Listed supplements apply to ALL classifications ( )Yes ( x )No. Annuity ............... 5.00.2.50 (') Apprentice supplements appear in second column. Benefit Fund.......... 4.00.2.65 note- Apprentice Annuity 8 Vacation paid at same % of listed ------------------------------ benefit as Listed supplements apply to ALL classifications ( )Yes ( x )No. 1/01/92- (')Apprentice supplements appear in second column. ------------------------------ 6/30/91 12/31/91 8-40/361 WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Reinforcing.......... 22.95 Additional Additional OVERTIME PAY: See ( C, 0, 'V ) on OVERTIME PAGE attached. 'V applies to Annuity 8 Vacation Only. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd, 50% 75% 85% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.81.3.81 1.90 2.05 Pension ............... 1.95.1.95 per per Apprentice Training... .08' .08 hour hour Vacation .............. 2.50• note Annuity ............... 4.25• note Scholarship Fund...... .04' .04 Listed supplements apply to ALL classifications ( )Yes ( x )No. (') Apprentice supplements appear in second column. note- Apprentice Annuity 8 Vacation paid at same % of listed ------------------------------ benefit as wage 8-46 WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 6/30/93 Ornamental........... 22.00 Additional Additional Additional Chain Link Fence..... 22.00 1.05 per hr 1.00 per hr 2.00 per hr OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 4 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. Ist 2nd 3rd 4th 5th. 6th. 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare....... 3.64 Pension ............... 3.19 Apprentice Training... .50 Vacation .............. 3.50 Annuity ............... 4.47 Benefit Fund.......... 1.10 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-580 PREVAILING RATE SCHEDUig( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20%92 SUFFOLK COUNTY Page 12 LABORER WAGES(per hour) 7/01/90- 7/01/91- 1/01/92- 7/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Building Laborer: Group # 1 ............. $ 19.83 20.80 All Classifications ... $ 19.30 Additional Additional Additional OVERTIME PAY: See ( A,E,O ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (2,4,6,7,11,12,26) on PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. Health/Welfare ........ $ 15% SUPPLEMENTAL BENEFITS:(per hour worked) 10% 10% Vacation .............. Health/Welfare ........ $ 2.78 .80 .80 .80 Pension ............... 2.83 per per per Vacation .............. 1.05 hour hour hour Annuity ............... 1.00 Legal ................. .15 Training .............. 1.00 Safety Fund........... .05 Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-66 Laborer(Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. Group # 2: Asphalt Shovelers and Tampers. Group # 3: Basic Laborer, Power Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. WAGES(per hour) - 7/01/91- 7/01/92- 6/30/92 5/31/93 Heavy/Highway Laborer: Group # 1 ............. $ 19.83 20.80 Group # 2 ............. 19.37 20.32 Group # 3 ............. 17.87 18.73 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (2,4,6,7,11,12,26) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 15% 15% Pension ............... 10% 10% Vacation .............. 1.00 1.00 Annuity ............... 2.50 3.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-1298 State of New York Department of Labor iPREVAILING RATE SCHEDULE ( )See OCE PAGE ATTACHED Case Number* Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 13 LATHER WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Lather (Wood Wire 8 Reinforcing)... 22.95 Additional Additional OVERTIME PAY: See ( C, 0, V" ) on OVERTIME PAGE attached. *Annuity 8 Vacation Only PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 50% 75% 85% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........ $ 3.81'3.81 1.90 2.05 Pension ............... 1.95.1.95 per per Apprentice Training... .08' .08 hour hour Vacation .............. 2.50' = % Wage Annuity ............... 4.25' = % wage Scholarship Fund...... .04' .04 Listed supplements apply to ALL classifications ( )Yes ( x )No. Apprentice supplements appear in second column. 8-46 State of New York Department of Labor PREVAILING RATE SCHEDUW ` )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/•92 SUFFOLK COUNTY Page 14 MASON/TILE/TERRAZZO WAGES(per hour) 6/01/91- 5/31/92 Building: Bricklayer............ $ 26.54 OVERTIME PAY: See ( A, E, G, W ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 6 ) APPRENTICES: ( 750 hours) terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th(500hr) 6th(500hr) 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.77.3.77 Pension ............... 3.31.3.31 Annuity ............... 3.25.1.70 Listed supplements apply to ALL classifications ( )Yes ( X )No. ( ' ) Apprentice Benefits appear in second column 8-NYDC WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Cement Mason.......... 24.72 Additional Additional OVERTIME PAY: See ( C, 0, V) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. Ist. 2nd. 3rd. 4th. 5th. 6th. 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS :(per hour worked) Health/Welfare ....... .$ 3.75 1.97 1.97 Pension ............... 2.82 per per Apprentice Training... .09 hour hour Annuity ............... 4.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. B-780 WAGES(per hour) 7/05/90- 1/01/91- 7/01/91- 7/01/92- 12/31/90 6/30/91 6/30/92 6/30/93 Building: Plasterer ............. 21.10 Additional Additional Additional OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( ) ( ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st, 2nd. 3rd. 4th. 5th. 6th. 40% 50% 60% 60% 80% 80% SUPPLEMENTAL PEE'!' hour worked) !(per Health/Welfare.......$ 3.97"note 1.10 1.75 1.75 Annuity ............... 3.50•note per per per Apprentice Training... .01'note hour hour hour Vacation .............. 2.25'note Listed supplements apply to ALL classifications ( )Yes ( X )No. (') Apprentice supplements appear in second column. note: Apprentices receive same % of supplements as wage. 8-852 State of New York Department of Labor A PREVAILING RATE SCHEDULE ( )See 10CE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 15 Mason (cont) WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Building: Mosaic & Terrazzo Worker.. 24.69 Additional Additional Additional " Helper.. 23.38 1.00 per hr 1.00 per hr 1.00 per hr. OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare .... ....$ 3.30 Pension ............... 4.85 Supp.Unemploy.Benefit. 1.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-3 WAGES(per hour) 4/29/91- 10/28/91- 4/27/92- 4/28/93- 10/27/91 4/26/92 4/27/93 4/27/94 Building: Tile Setter........... 24.16 24.91 Additional Additional OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.68 - 3.68 1.75 2.00 Pension ............... 3.00 3.00 per per Vacation .............. 1.63 1.63 hour hour Annuity ............... 2.35 2.35 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-52 WAGES(per hour) 6/03/91- 12/02/91- 5/04/92- 5/03/93- 12/01/91 5/03/92 5/02/93 5/02/94 Building: Tile Layer Helper & Finisher ....... $ 20.95 21.45 22.45 23.70 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 2.68 2.93 3.18 3.43 Pension ............... 1.50 1.50 1.50 1.50 Annuity ............... 3.50 3.50 3.50 3.50 Vacation .............. 1.69 1.69 1.69 1.69 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-88 PREVAILING RATE SCHEDULE►( • )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor 9201817 Public Work 9b-7/01/91 thru 6/30/92 Published -02/2092 SUFFOLK COUNTY Page 16 Mason (cont.) WAGES(per hour) 7/01/89- 6/30/90 Cutting Cleaner(Mason) $ 20.83 Sandblasting(Mason)... 26.39 Pointer, Cleaner,& Caulker(Mason). 20.83 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 55% 70% 85% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 2.70.2.70 Pension ............... 3.13`3.13 Benefit Fund.......... 3.55•Note Education Fund......... .30• .30 Annuity ............... 2.25'Note Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Apprentice supplements appear in second column. *Note: Benefit Fund - 1st. yr. 1.95 ; 2nd. yr. 2.48; 3rd. yr. 3.02 Annuity Fund - " 1.245; 1.57; 1.91 4-66w WAGES(per hour) 1/01/86- 6/30/86 Stone Mason........... $ 21.50 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 2.75 Pension - -- Annuity ............... 3.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-33 WAGES(per hour) 1/01/87- 6/30/87 Stone Setter.......... $ 20.86 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th. 6th. 7th. 8th. 50% 55% 60% 65% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........ $ 1.75 Pension ............... 2.00 Security Benefit...... .60 Apprentice Training... .10 Vacation .............. 2.00 Annuity ............... 4.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-84 State of New York Department of Labor J Mason (cont PREVAILING RATE SCHEDULE ( )See OCE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 17 WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Derrickman/Rigger.... $ 25.00 Additional Additional Additional 1.33 per hr 1.33 per hr 1.33 per hr OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 50% 60% 70% 80% 90% 90% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........ $ 2.74 Pension ............... 3.35 Apprentice Training... .10 Vacation .............. 3.50 Annuity ............... 5.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-197 WAGES(per hour) 1/01/91- 6/30/91 Building: Marble Sawyer, Rubber 8 Polisher........... 25.08 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ .96 Pension ............... 1.58 Supp.Unemploy.Senefit. .25 Vacation .............. 3.25 Annuity ............... 4.68 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-24 WAGES(per hour) 1/01/91- 6/30/91 Building: Marble Cutters 8 Setters ............. 26.43 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(pr hour worked) Health/Welfare ........ $ 1.45 Pension ............... 1.68 Supp.Unemploy.Benefit. .40 Annuity .............. 5.69 International Pension. .40 Vacation .............. 3.75 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-4 PREVAILING RATE SCHEDUJ* )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor 9201817 Public Work 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 18 Mason (cont...) WAGES(per hour) 1/01/91- 6/30/91 Marble Finishers...... $ 20.02 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 1.70 Pension ............... 1.68 International Pension. .75 Supp.Unemploy.Benefit. 1.59 Vacation .............. 3.55 Annuity ............... 5.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-20 PAINTER WAGES(per hour) 10/01/90- 9/30/91 Steel : Steel, Bridge.... 27.50 " Spray............ 29.50 Sandblasting..... 29.50 " Power Tool....... 29.50 OVERTIME PAY: See ( C,F,R ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 50% 65% SUPPLEMENTAL BENEFITS :(per hour worked) Health/Welfare........$ 17 % Pension ................ 2.00 Apprentice Training... 1/2 % Vacation .............. 6 % Annuity ............... 11 % Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-806 ------------------------------ WAGES(per hour) 2/01/91- 8/01/91- 2/01/92- 7/31/91 1/31/92 7/31/92 Drywall Taper......... $ 24.78 25.52 26.29 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 15.5% 15.5% 15.5% Pension ............... 3.0% 3.0% 3.0% Vacation .............. 9.0% 9.0% 9.0% Annuity ............... 10.0% 10.0% 10.0% Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-1974 ------------------------------ State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See #CE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 19 Painter (cont) WAGES(per hour) 4/01/91- 3/31/92 Brush .................. 23.88 Structural Steel....... 28.84 Spray, Scaffold........ 26.35 Sandblasting........... 28.84 OVERTIME PAY: See ( D. 0, ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1/2 ) year terms at the following rates. 1st. 2nd. 3rd. 4th. 5th. 6th. Brush 11.30 11.30 16.01 17.41 19.11 21.18 Br./St./SB 12.29 12.29 16.67 17.95 20.51 23.08 Spr./Scaff. 12.41 12.41 17.62 18.78 21.09 23.41 SUPPLEMENTAL SENEFITS:(per hour worked) Health/Welfare........$ 3.98.3.54 Pension ............... 2.00.2.00 Apprentice Training... .50' .50 Annuity ............... 3.00.2.29 Suppl Emp Ben......... .50' .50 Safety & Health....... .50' .50 Listed supplements apply to ALL classifications ( )Yes ( x )No. (')1st yr Rate is, H/W=2.89, Pen=1.07, AppTrg=.23, SUB=.20 (') Other Apprentice Supplements appear in second column. 4-1486 WAGES(per hour) 4/01/90- 3/31/91 Paper Hanger........... 23.38 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd, 4th. 5th. 6th. 50% 60% 65% 70% 80% 90% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.09'Appr % of 3.09 Pension ............... 2.05' % of 2.05 Annuity ............... 2.82'Appr % of 2.82 Suppl Emp Ben/Appy Trng. Safety & Health....... 1.17'Appr % of 1.17 Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Apprentice Supplements appear in second column. 4-1486 0 State of New York Department of Labor PREVAILING RATE SCHEDUID )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 20 PLUMBER WAGES(per hour) 7/01/91- 1/01/92- 12/31/91 6/30/92 Plumber .............. $ 27.85 28.55 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following wage. 1st. 2nd. 3rd. 4th. 5th. 12.53 13.93 18.10 19.50 20.89 for 7/01/91 to 12/31/91 12.85 14.28 18.56 19.99 21.42 for 1/01/92 to 6/30/92 SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 3.19•note 3.44'note Pension ............... 5.95'note 5.95'note Apprentice Training... .24•note .24'note Vacation .............. 1.30'note 1.30'note Security Benefit..... 1.00'note 1.00'note Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Note -Apprentice supplements appear below. 7/91 to12/91 -1st yr H/W-2.04; PEN -3.68; Appr-.14; Vac -.75; Sec -.53 2nd yr " 2.04; 3.71; .15; .80; .53 3rd yr 2.04; " 3.23; .16; .86; .53 4th yr 2.04; " 3.76; .16; .93; " .53 5th yr 2.04; 3.79; .17; " .98; .53 1/92 to 6/92 -1st yr H/W-2.19; PEN -3.68; Appr-.14; Vac -.75; Sec .53 2nd yr 2.19; 3.71; " .15; " .80; .53 3rd yr 2.19; 3.73; .16; " .86; .53 4th yr 2.19; 3.76; .16; .93; .53 5th yr 2.19; 3.79; .17; .98; .53 4-775 0 PREVAILING RATE SCHEDULE ( • )See ACE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 21 STEAMFITTER/SPRINKLER FITTER WAGES(per hour) 11/26/90- 6/26/91- 1/01/92- 7/01/92- 6/25/91 12/31/91 6/30/92 12/29/92 Steam Fitter.......... $ 27.30 Additional Additional Additional Sprinkler Fitter...... 27.30 1.00 per hr 1.00 per hr 1,50 per hr OVERTIME PAY: See ( C,O,V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 3 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 40% 40% SO% 50% 55% b5% au% 0U% 0576 0a% SUPPLEMENTALBENEFITS;(per hour worked) Health/Welfare........$ 3.85'= % Pension ............... 2.75•= % Security Fund......... 3.20•= % Training Fund......... .24•.24 Vacation .............. 3.001= % Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Apprentice supplements appear in second column. 8-638s/s ROOFER WAGES(per hour) 10/01/90- 10/01/91- 10/01/92- 4/01/93- 9/30/91 9/30/92 3/31/93 9/30/93 Roofer ............... $ 21.34 Additional Additional Additional Waterproofer........... 21.34 1.00 per hr 1.05 per hr 1.05 per hr OVERTIME PAY: See ( A. E, 0 ) on OVERTIME PAGE attached. ( 1 ) on HOLIDAY PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. APPRENTICES: ( 1/2 ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 6 ) 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 8th. APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th. 5th. 6th. SUPPLEMENTAL BENEFITS:(per 50% 55% 60% 65% 70% 75% Health/Welfare ........ SUPPLEMENTAL BEN FITS:(per hour worked) .75 Pension ............... Health/Welfare....... .4.39•Term % per Suppl.Unemploy.Benefit.16 • .04 hour hour Pension ............... 3.00' Vacation.............. 2.451•note Apprentice Training... .03• .03 Annuity...............3.00 'note Vacation .............. 3.00•Term % Education Fund........ .27 .27 Annuity ............... 1.86• " Benefit Fund......... 1.11 'note Listed supplements apply to ALL classifications ( )Yes ( X )No. apply to ALL classifications ( )Yes ( x )No. 'Apprentice supplements appear in second column (*)Apprentice supplements 4-154 SHEETMETAL WORKER WAGES(per hour) 2/01/90- 8/01/90- 2/01/91- 8/01/91- 7/31/90 1/31/91 7/31/91 1/31/92 Sheetmetal Worker.... $ 25.32 additional Additional Additional OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-1)(1-4) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 8th. 7.60 8.87 10.13 11.40 12.66 16.46 17.73 20.26 SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 2.752•note 1.00 .75 .75 Pension ............... 3.05 '3.05 per per per Suppl.Unemploy.Benefit.16 • .04 hour hour hour Vacation.............. 2.451•note Annuity...............3.00 'note Education Fund........ .27 .27 Benefit Fund......... 1.11 'note Listed supplements apply to ALL classifications ( )Yes ( x )No. (*)Apprentice supplements appear in second column. H/W-term/amt.-1st-.70; 2nd -.90; 3rd -1.22; 4th -1.48; 5th -1.87; 6th thru 8th -2.752 Vac-term/amt.-1st-.74;2nd-.88;3rd-.98;4th-1.10;5th-1.23;6th-1.265;7th-1.62;8th-1.98 Ann.-term/amt.-1st-.23;2nd-.30;3rd-.35;4th-.41;5th-.41;6th-.41;7th-.645;8th-1.475 Ben-term/amt.- 1st-.34;2nd-.39;3rd-.45;4th-.50;5th-.56;6th-.73;7th-.78;8th-.89 8-28 0 State of New York Department of Labor PREVAILING RATE SCHEDU* )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 22 WELDER Welder To be paid the rate of the mechanic performing the work. TEAMSTER , Truck Driver(Building and Heavy/Highway): GROUP 1: Chauffeur and Excavation. GROUP 2: Euclid and Turnapull type trucks. WAG S(per hour) 7/01/89- 6/30/90 Truck Driver (Building and Heavy/Highway): Group 1 .............. 18.235 Group 2 .............. 18.705 OVERTIME PAY: See ( B, E, P, T ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (per hour worked) Health/Welfare ........ $ 3.51 Pension ............... 3.10 Annuity ............... 4.5525 Listed supplements apply to ALL classifications ( X )Yes ( )No. 4-282nsh SIGN ERECTOR WAGES(per hour) 7/01/89- 7/01/90- 7/01/91- 6/30/90 6/30/91 6/30/92 Sign Erector......... $ 20.70 21.30 22.05 OVERTIME PAY: See ( A, E, P, T ) on OVERTIME PAGE attached. PAID HOLIDAY: See( 5,6,10,11,12,16 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 4 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd, 3rd. 4th. 5th. 6th. 7th. 8th. 9th 10th 35% 40% 45% 50% 55% 60% 65% 70% 75% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 9 % *Note 11 % 'Note 13 % *Note Pension......... 2.58 •1.38 2.83 •1.63 3.08 11.88 Apprentice Training... .13 •.13 .14 '.14 .15 •.15 Vacation .............. 8 % *Note 8 % 'Note 8 % 'Note Annuity ............... 18.00day *Note 21.00day•Note 24.00day•Note Scholarship Fund...... .01 •.01 .01 •.01 .01 •.01 Listed supplements apply to ALL classifications ( )Yes ( x )No. Appr. Supp. appear in second column. *Note- H/W -1st. & 2nd. yr..75 per hr; after 2yrs. full journeyman % Ann. -1st. & 2nd yr 0 ,3rd yr 2.00 per day, 4th yr. 4.00 per day, 5th yr. 6.00 per day. Vac. -1st. & 2nd. yr. 2%; 3rd. yr. 4%; 4th. & 5th. yr. 6% 8-137 State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See SCE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 23 HIGHWAY STRIPER WAGES(per hour) 4/01/91- 4/01/92- 4/01/93- 3/31/92 3/31/93 3/31/94 Painter(Striping-Highway etc.): Striping -Machine Oper.$ 16.27 16.92 17.57 " Helper......... 14.49 15.14 15.79 Linerman.............. 16.79 17.44 18.09 OVERTIME PAY: See ( B,E,P,S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,8,10,11,12,15,16 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 13 % 13 % 13% Pension ............... 4 % 4 % 4% Vacation .............. 7 % 7 % 7% National Pension...... .50 .50 .50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-230 TREE TRIMMER WAGES(per hour) 10/1/85- 9/30/86 Tree Trimmer: Trimmer -T 7 (start)... $ 7.75 " -T 6 after 6 mo. 8.32 " -T 5 12 mo. 8.54 -T 4 18 mo. 8.93 " -T 3 24 mo. 9.70 " -T 2 30 mo. 10.14 " -T 1 36 mo. 11.56 Driver,Groundsman...... 9.53 OVERTIME PAY: See ( B, E, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (5,6,7,8,11,12,18,19)) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (per hour worked) Health/welfare........ $ Contr.Provide H. & W. + $10,000 Life Ins. Annuity ............... .35 Holidays .............. (12 paid). Vacation - after 15 mo./l week. -after 30 mo./2 weeks. -after 10yrs/3 weeeks. - pro -rated if less than 1700 hrs.in prior year. Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-1049t 0 State of New York Department of Labor PREVAILING RATE SCHEDULO( ' )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/12 SUFFOLK COUNTY Page 24 SURVEY CREW 8/01/88- 7/01/89- 7/01/90- WAGES:(per hour) 8/01/90- 7/01/91 7/01/92- Survey Rates: 6/30/91 6/30/92 6/30/93 Survey Rates -Building: 18.01 18.61 19.01 Party Chief......... 22.31 Additional Additional Rodman/Chainman..... 12.43 2.09 per hr 2.09 per hr Instrument Man...... 19.24 Additional Additional PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY 1.68 per hr 1.68 per hr Rodman/Chainman..... 12.67 Additional Additional 1.35 1.60 1.31 per hr 1.31 per hr OVERTIME PAY: See ( A,E,Q ) on OVERTIME PAGE attached. Apprentice Training... PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) .05 Health/Welfare........ 2.40 .72 .72 Pension ............... 2.15 1.50 2.00 Apprentice Training ....20 apply to ALL classifications ( x )Yes ( )No. 8-15Dc Vacation..............1.00 Annuity ............... 4.50 Listed supplements apply to ALL classifications ------------------------------ ( x )Yes ( )No. 8-15Db WAGES:(per hour) 8/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Survey Rates-Heavy/Hiway: Party Chief......... 22.20 Additional Additional 2.22 per hr 1.84 per hr Instrument Man...... 18.91 Additional Additional 1.77 per hr 1.67 per hr Rodman/Chainman..... 17.00 Additional Additional 1.65 per hr 1.56 per hr OVERTIME PAY: See (B,E,Q ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Health/Welfare........ 2.40 Pension ............... 2.15 Apprentice Training... .20 Vacation .............. 1.00 Annuity ............... 4.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-15D-N/S SURVEY CREW_- CONSULTING ENGINEER Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a consulting engineer agreement. WAGES:(per hour) 8/01/88- 7/01/89- 7/01/90- 6/30/89 6/30/90 6/30/91 Survey Rates: Party Chief......... 18.01 18.61 19.01 Instrument Man...... 15.18 15.78 16.18 Rodman/Chainman..... 12.43 13.03 13.43 OVERTIME PAY: See ( B,E,Q ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Health/Welfare........ 1.35 1.60 1.85 Pension ............... 1.00 1.10 1.20 Apprentice Training... .05 .05 .05 Suppl Unempl. Benefit .05 .05 .05 Vacation .............. .72 .72 .72 Annuity ............... 1.25 1.50 2.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-15Dc PREVAILING RATE SCHEDULE ( )See OCE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 25 DRILLING WAGES(per hour) 10/17/89- 10/17/90- 10/16/90 10/16/91 Core Drilling: Driller............ $ 17.205 17.985 " Helper.......... 15.445 16.225 , OVERTIME PAY: See ( B, E, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5, 6 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 2.41 2.60 Pension ............... 3.09 3.09 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-1536 ------------------------------ WAGES(per hour) 8/01/86- 8/01/87- 8/01/88 - 7/31/87 7/31/88 7/31/89 Well Driller: Driller ......... $ 16.40 Additional Additional " Helper..... 14.40 1.00 1.00 OVERTIME PAY: See (B,E,P ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 9 Y to be to be Pension ............... 2.75 allocated allocated Annuity Fund.......... 1.50 later. later. Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-138well 0 State of New York Department of Labor PREVAILING RATE SCHEDUID( • )See NOTICE PAGE ATTACHED Case Number 92.01817 Bureau of Public Work 9b-7/01/91 thru 6/30/92 Published -02/W92- SUFFOLK COUNTY Page 26 POWER EQUIPMENT OPERATOR WAGES(per hour) 7/01/91 - Building: 6/30/92 Hoist(Multiple Platform) 25.65 Lead Engineer 24.255 Hoist(Tandem Platform 24.03 Tower Crane(Engineer) 23.61 SideBoom Tractor(Used in tank work) 23.315 Scoop, Carry -all, Scraper in tandem 23.23 Boom Trucks or Cranes (used for stone setting or structural steel) 23.18 CMI or Maxim Spreader, Concrete Spreader, Derrick, Sideboom Tractor 23.155 Tank Work 23.08 Hoist, 2 Drum, Hoist, 3 Drum 23.03 Backhoe,Dragline, Grada.11, Pile Driver, Shovel 23.055 Elevator, Fork Lift, Hoist, 1 Drum 22.98 Batching Plant(on site of job), Power Winch('used for stone or steel), Power Winch (Truck Mounted -used for stone or steel), Pump, Concrete 22.955 Dredge 22.93 Roller, Trench Machine 22.855 Welding Machine, Structural Steel 22.83 Boom Truck, Crane, Crawler or Truck, Conveyor(Multi), Plant Engineer, Stone Spreader (Self -Propelled) 22.805 Asphalt Spreader 22.78 Fork Lift(Walk Behind, Power Operated) 22.77 Compressor(Structura Steell 22.755 Boiler, Bulldozer, Compressor(on Crane), Compressor(Pile Work), Compressor(stone setting), Concrete Breaker, Conveyor, Generator -Pile Work, Loading Machine(Front End), Maintenance Engineer,Powerhouse, Power Winch(used for other than stone or steel), Power Winch, Truck Mounted(used for other than stone or steel, Pulvi-Mixer,Pump(Dble Action Diaphragm), Pumps(Gypsum, Hydraulic, Jet, Single Action- 1 to 3, and Well Point), Welding and Burning, Welding Machine (Pile Work) 22.605 Curb Machine(Asphalt or Concrete), Curing Machine, Pump(Submersible), Maintenance Man 22.55 Grader 22.38 Compressor, Compressor(2 or more in battery.), Generator, Mulch Machine, Pin Puller, Portable Heaters, Pump(4 inches or over), Track Tamper(2 Engineers,Each), Welding Machine 22.355 Stiping Machine 22.28 Bulldozer(used for excavation), Fireman, Loading Machine, Powerbroom, Vac -All 22.23 Concrete Saw or Cutter, Mixer(with Skip), Mixer(2 Small with or without Skip), Pump(Up to 3 inches),Tractor,Craterpillar or Wheel, 21.855 Scoop(Carry-All Scraper) 22.23 Hydra Hammer, Ridge Cutter 21.77 Bending Machine, Dinky Locomotive, Generator(Small), Vibrator(1 to 5), 21.605 Power Buggies 21.48 Stump Chipper and Oiler 21.255 Mechanical Compactor(Hand Operated), Trench Machine(Hand) 21.23 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare....... $ 5.32 Pension .............. 2.75 Apprentice Training.. .45 Annuity .............. 4.00.Overtime Rate for of hours Suppl. Unempl........ .75 Legal ................ .25 Listed supplements apply to ALL classifications ( )Yes ( )No. 4-138b 0 PREVAILING RATE SCHEDULE ( . )See OCE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 .• T SUFFOLK COUNTY Operating Engineer (cont) 9b-7/01/91 thru 6/30/92 Published -02/20/92 Page 27 WAGES(per hour) 7/01/91- 6/30/92 HEAVY / HIGHWAY: Scoop(Carry-All,Scraper in Tandem), Tower Crane(Engineer), 23.535 Backhoe, Crane(Stone Setting)_ Crane(Structural Steel), Dragline, Gradall, Pile Driver, Road Paver, Shovel 23.28 Batching Plant(on site of job), Crane(on Barge), Sideboom Tractor(used in tank work), Tank Work 23.135 Hoist(3 Drum), Power Winch(Truck Mounted -used for stone or steel), Power Winch(used for stone setting and/or structural steel),Trench Machine 23.125 Asphalt Spreader,Boom Truck,Boring Machine(other than Post Holes), CMI or Maxim Spreader, Crane(Crawler or Truck), Concrete Spreader, Conveyor, Multi, Plant Engineer, Sideboom Tractor,Stone Spreader(self propelled) 22.91 Boring Machine, Post Holes 22.85 Compressor(Stone Setting),Compressor(Structural Steel), Welding Machine(structural steel) 22.795 Dredge 22.745 Work Boat 22.735 Compressor(on Crane), Compressor(Pile Work), Generator -Pile Work, Hoist,2 Drum, Loading Machine(Front-End), Powerhouse, Power Winch(Truck Mounted -used for other than stone or steel),Power Winch(other than stone or struct.steel),Welding Machine,Pile Work 22.635 Mechanical Compactor, Machine Drawn, Roller(over 5 Ton) 22.45 Boiler 22.41 Pump, Concrete 22.37 Compressor(2 or more in battery 22.33 Grader 22.315 Bulldozer, Concrete Finishing Machine, Conveyor,Curb Machine,Asphalt or Concrete, Curing Machine, Dinky Locomotive, Fireman, Fork Lift, Hoist,l Drum, LoadingMachine, Maintenance Machine,Pulvi-Mixer, Pump(4 inches or over), Pumps(Hydraulic, ,Jet, Submersible and Well Point), Roller(5 ton and under), Scoop,Carry-A11,Scraper, Maintenance Man, Vac -All, Welding & Burning 22.17 Generator 22.02 Portable Heaters 22.275 Compressor, Mulch Machine, Pin Puller, Pump(Double Action Diaphragm),Pump-Gypsum, Pump(Single Action 1 to 3), Striping Machine, Welding Machine 21.725 Powerbroom 21.15 Concrete Saw or Cutter, Fork Lift,Walk Behind,Power Operated, Hydra Hammer, Mixer(with Skip), Mixer(2 Small with or withour Skip), Power Buggies, Power Grinders, Concrete Breaker, Ridge Cutter 21.01 Vibrator(1 to 5) 20.805 Oiler, Root Cutter, Stump Chipper, Oiler, Track Tamper(2 Engineers,Each), Deck Hand 20.70 Generator(Small) 20.695 Bending Machine, Pump, Centrifugal(up to 3 inches), Trench Machine(hand) 20.66 Tractor,Caterpillar or Wheel 20.485 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12.) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 5.32 Pension ............... 2.75 Apprentice Training... .45 Annuity ............... 4.00' Overtime Rate for 0. T. hours. Suppl. Unemp........... .75 Legal ............. .25 Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-138h MPREVAILING RATE SCHEDUO( )See NOTICE PAGE ATTACHED ` State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/x2_, SUFFOLK COUNTY Page 28 MARINE CONSTRUCTION WAGES(per hour) 10/01/88- 10/01/89- 10/01/90- 9/30/89 9/30/90 9/30/91 Hydraulic Dredge: Leverman 18.00 18.85 19.53 Engineer 17.48 18.15 18.65 Maint.Engineer 17.23 17.89 18.39 Derrick Oper. 17.48 18.15 18.65 Chief Mate on Dredge 17.23 17.89 18.39 Mate 16.14 16.76 17.23 DeckHand 14.24 14.65 14.93 Oiler 14.75 15.18 15.47 Fireman 14.75 15.18 15.47 Shoreman 14.24 14.65 14.93 Boat Captain 16.26 16.89 17.36 ------------------------- Tug Boats: Tug Master 16.98 17.63 18.12 Tug Captain 16.26 16.89 17.36 Tug Chief Engineer 16.56 17.20 17.68 Tug Engineer 16.26 16.89 17.36 Tug Deckhand 14.41 14.83 15.11 ---------------••--------- Dipper and Clamshell Dredges: Operator 18.31 19.17 19.86 Engineer 17.83 18.52 19.03 Maint.Engineer 17.23 17.89 18.39 Mate 16.14 16.76 17.23 Deckhand 14.41 14.83 15.11 Oiler 14.75 15.18 15.47 Boat Master 16.98 17.64 18.13 Boat Captain 16.26 16.89 17.36 -------------------------- OVERTIME PAY: See ( B. E, P, S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. The following SUPPEMENTAL BENEFITS apply to all to ALL classifications of the above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. SUPPLEMENTAL BENEFITS:(per hour worked.) Health/Welfare ........ $ 1.56 1.56 1.56 Pension ............... 1.03 1.03 1.03 Vacation .............. 8 % 8% 8% 4-25a WAGES(per hour) 10/01/88- 10/01/89- 10/01/90- 9/30/89 9/30/90 9/30/91 Drill Boat: Engineer 19.13 19.87 20.42 Blaster 19.33 20.07 20.63 Driller/Welder/Machinist 19.14 19.88 20.43 Oiler 18.13 18.66 19.01 Helper 18.13 18.66 19.01 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (per hour worked) Health/Welfare ........ $ 1.56 1.56 1.56 Pension ............... 1.03 1.03 1.03 Vacation .............. 8 % 8 % 8% Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-25/3 OCCUPATIONS APPLICABLE TO BUILDING and HEAVY/HIGHWAY SCHEDULES STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK M STATE OFFICE BUILDING CAMPUS ALBANY, N.Y. 12240 TWO or MORE WILLFUL DETERMINATIONS 02/25/92 Page 1 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK Under Article 8 of the Labor Law, if within any six year period two final determinations are rendered against an employer finding that they have wilfully violated the prevailing wage law, they are debarred, that is, they are ineligible to submit a bid on, be awarded, or participate as a contractor or subcontractor on any public work contract let by the State, any municipal corporation, or public body for a period of five years from the date of debarment. Below is a list of the employers who have been debarred. CONTRACTOR Number Date Date Fiscal Barred of of 1st of Last Officer Until Determ's Wilful Wilful (see Note:) Hydro -Fab Corporation ( 2 ) 3/13/87 3/25/87 DOL 3/25/92 416 Stanley Avenue. Brooklyn,NY 11207 Greece Asphalt Company,Inc. C 2 ) 1/16/87 3/30/87 DOL 3/30/92 78 Bennington Drive, Rochester, N.Y. 14616 J. W. Duffus Contracting, Inc. C 2 ) 8/7/86 S/8/87 DOL 5/8/92 Associated Safety Lighting,Inc. C 2 ) 11/25/86 10/05/87 DOL 10/05/92 2788 Mohawk Street, Sauquoit, N.Y. Esquire Wire & Fence CO. ,Inc. C 3 ) 06/27/84 4/15/88 DOL 4/15/93 1033 Route 1, Avenel, N.J.07001 J & B Bilac Contractors,Inc. C 2 ) 10/30/87 10/30/87 NYC 10/30/92 L & M Company, A Div.of Nieto Roofing Contractors,Inc. C 3 ) 05/05/87 09/13/89 DOL 9/13/94 501 Willett Ave.,Port Chester,NY 10573 J. L. Bailey, d/b/a Castile Hardware a/k/a Castile Hardware, Plumb. & Hgt. ( 2 ) 05/07/87 05/16/89 DOL 5/16/94 1 East Park Road, Castile, NY 14427 Premier Restoration & Supply Company, Inc. a/k/a Premier Restoration & Supply, Inc. and ( 2 ) 09/17/86 04/13/89 DOL 4/13/94 178 Front Ave., West Haven, Conn. 06516 Great South Beach Marine Construction, a/k/a Great South Beach Marine Construction, Inc. ( 2 ) 01/27/88 06/15/89 DOL 6/15/94 70 Browns River Road, Sayville, New York 11782 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N.Y. 12240 TWO or MORE WILLFUL DETERMINATIONS 02/25/92 Page 2 (Continued) Mid -States Industries, Ltd. C 2 ) 03/03/87 06/22/89 DOL 6/22/94 P 0 Box 4228 1105 Catalyn St., Schenectady, New York 12303 TAP Electrical Contracting Service, Inc. ( 2 ) 01/21/86 11/08/89 DOL 11/09/94 926 Lincoln Ave., Holbrook, New York 11743. Dickson Painting, Inc. C 2 ) 09/10/86 03/13/90 DOL 3/13/95 326 Maple Street, Endicott, New York 13760 Silver Springs Construction Corp. ( 2 ) 11/15/88 02/23/90 DOL 2/23/95 Box 204, Bald Mountain Rd.; Troy, New York 12180 Interior Systems Co. Inc. C 2 ) 08/24/84 03/19/90 DOL 3/19/95 3020 Cross Road; Johnson City, New York 13790 Hollywood Commercial Renewals,Inc. a/k/a Hollywood Commercial Renewals of Nassau,Inc. C 2 ) 12/16/88 10/26/90 DOL 10/26/95 359 Duffy Avenue, Hicksville, New York 11801 Stride Construction Company and Christopher Risdale & David Strano (Individually) ( 2 ) 4/06/87 11/15/90 DOL 11/15/95 78 Otis Street, Rochester, New York T. J. Marks & Sons Inc. ( 2 ) 7/01/87 10/19/90 DOL 10/19/95 PO Box 145, Guilford, New York 13780 Montour Metals,Inc. 116 North Catherine St., Montour Falls,New York ( 2 ) 09/28/90 09/24/91 DOL 09/24/96 Sloan Steel Erectors & Equip.Rental,Inc. ( 2 ) 10/18/89 02/19/92 DOL 02/19/97 1560 Harlem Road, Buffalo, NY 14206 Note: ** Date was computed by adding 26S days during which a stay was effective to the S year debarred period. Note: Where the Fiscal Officer is denoted "NYC", the information has been provided by the New York City Comptroller's Office, the agency issuing the determinations. Any questions regarding these listings should be addressed directly to the Comptroller. The Bureau of Public Work of the New York State Department of Labor will respond with regard to listings where the Fiscal Officer is listed as "DOL'•. docm: debarre 0- 0 S ECT,ION M COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGUL=+TICNS A. STATE REGULATIONS j, The Contractor shall comply with the applicable provisions of the "Labor Law" as emended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Low are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be re --a and enforced as though it were included herein, and, if through -mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to rrok_ such inclusion. Specifically, Section 220-e, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the O„•mer under this Contract a penalty of five (55.00) dollars for each person for each calendar day during which such per,, -,on was discriminated against or intimidated in violation of Section 220-e.; provided, that for a seccnd or any subsequent violation of the provisions -of said paragraph, this Contract may be cancelled or terminated by the Owner and all monies due or to become due hereunder ;may. be forfeited. B. FEDERAL REGULATIONS 1. CERTIFICATION OF NONSEGREGATED FACILITIES By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and.that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees an segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is o violation of the Equal Opportunity clause in this contract_ As used in this certification, the term "segregated facilities” means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, RESTROOM FACILITIES M - I time elocxs, locker roams and of er storage or dressing epees, parking laps, drinking Fountains, recreation or entertainment areas,transportation, and housing facilities provided for employees which are searecated by explicit directive or are in fact segregated on the basis of race, cre•--d, color, or national origin, because of habit, local custom, or ether-wise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will ebtcin identiccl certifications from proposed subcontractors prior to the cword of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; dnd that he willforward the Following notice to such prcoosed subcontractors (except where the proposed subcontractors have submitted identical eertiFications For specific time periods): 2. NOTICE TO PROSPECTIVE SUBCON TRr^,CTORS OF RECUIRE',,IENT FCR CERTIFICATIONS OF NCN SEGREGATED FACILI i IES A certification of Nensearecoted Facilities must be submitted prior to the award of a subcontract exceeding $10,OCO which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract, the c:cVractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national oricin. The contractor will take offirmative action to ensure that applicants are employed, and thot employees are treated during employment, without record to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified aoplicants will receive consideration for employment without record to race, creed, color, or national origin. (�) The controctor will send to each labor union or representative of workers with whiclihe has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. RESTROOM FACILITIES M - 2 (4) The contractor will comply with all provis;ens of Executive Cider No. 112146 of September 24, 1965, and of the rules, and reculations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports recuired by Executive Order No. 11246 of September 24, 1965, and by the ru.les, reculations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting ocency and the Secretary of Labor for purposes o'f investicotion to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination' clauses of this contract or with any of such rules, regulations, or orders, th;s contract may be canceled, terminated, or suspended in whole or in pert and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Lcbcr, or as otherwise provided by law. (7) The contractor will include the provisions of Pcracrophs (1) through (7) in every subcontract or purchase order unless exempted by rules, reaulct.;ens, or orders of the Secretary of Labor issued pursuant to Section 20d of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect tc;.any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request Jhd United States to enter into such litigation to protest the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805-4 Reports and Other Required Informo.t;on (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO -1) promulgated jointly by the Office of Federal Contract Compl;once, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (1) is not exempt from the provisions of this Subpart 1-12.8 in accordance with 1-12.604; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, RESTROOM FACILITIES M - 3 sub -contract, or purchose order amounting to 550,000 or more, or serves as o depositary of Government Funds in any amount, or is c financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, That any subcontractor below the first tier which performs construction wore et the site of constructicn shall be recuired, to File such a report if it meets the requirements in subdivisicns (i), (ii), and (iv) of this peracrgph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shell file such a report with the contracting or administer- ing agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding fhe date of the award. Subsecuent reports shall be submitted annually in accordance with subccrccreph (1) of this peracrcph, or at such other intervals as the acency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, mcy recuire a prime contractor to keep employment or other records and to furnish in the, form requested, within reasonable limits, such information as the Director, agency, or the applicont deems necessary for the administration of the Order. (4) The failure to file timely, 'complete, and accurate reports, as re- quired, constitutes nonco?gpliance with the prime contractor's or subcontractor's obligations under the equal Opportunity clause and is c ground For the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanctions authorized by the Order and the regulations in this subpart: Any. such Failure shell be reported in writing to the Director by the agency as soon as procticeble after it occurs. 1 -12.805.4 Reports and Other Required Information b. Requirements for bidders or prospective contractors. (1) Each agency shall require each biddercr prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it hes parti- cipcted in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has Filed with the Joint Reporting Committee, the Director, an acency, or the former President's Committee on Equal Employment Cpportunity, oil reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror sub- stontially as follows: RESTROOM FACILITIES M -4 (c) (d) "The biadcr (or oifcror) rccrc:cnt, t7ct he ( )� not, participcted in a previous contract or subcontract subiect to the Equal Opportunity clause herein, or the clause originally con- tcined in section 301 of Executive Order No. 10 25, or the c.cuse eontcined in section 201 of Executive Order No. 11114; that he ( ) has, ( )hes not, filed all recuired comelicnce reports; end that , represcntctions indicctina submission of recuired compiience report:, signed by proposed subcontractors will be cbtcined prior to sub- contract ewer-:." (The above representation need not be su'--mitted in connection with contracts or subcontrcct: which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. (2) In any case in which a bidder or prospective prime ccntrcctcr or proposed subcontractor, which perticipcted in a previous c�ntrcct or subcontract subject to Executive Orders No. 10925, I l 114, or 11246, has not filed a report due under the cpolicpble filinc requirements, no contract or subcontract shell be ewcr-ed, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. , (3) A bidder or prospective prime contractor or proposed subcontrcctcr shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontrcct. When a determination hc4 been made to award the contract or sub- contract to a specific contractor, such contractor shall be'required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. Use:of Reports. Reports filed pursuant to this 1 -12.805 -4 -shall be used only in connection with the edministrction of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Stcndord Form No. Stock Number Title 100 7540-925-2049 Equal employment opportunity employer information report. RESTROOM FACILITIES M -5 0 • 1-12.805.4 PROCUREMENT STAIN DAR DS A. All Contracts and Subgrants for constructicn or repair shall include a provision for compliance witn the Copeland "Anti - Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (1-9 CFR, Part 3). This Act provides that each Contractor or Suberantee shall be prohibited from inducing? by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. B. Where applicable, oil Contracts awarded by Grantees and Sub - grantees in excess of 52,000 for construction contracts and in excess of $2,500 for other contracts which involve the em- ployment of mecncnics or laborers shall include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 Cr -R, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and Icborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less then 1-1/2 times the basic rote of pay for off hours worked in excess of 8 hours in any calender day or 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials orarticles ordinarily available on the open market, or contracts for trenspertction or transmission of intelligence. C. Each Contract of on amount in excess of 52,500 awarded by a Grantee or Subgrantee shell provide that the recipient will comply with applicable regulations and standards of the Cost Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of on invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service find office. RESTROOM FACILITIES M - 6 D. Contracts cnd Subgrcnts of cmounts in excess of S160,CC shall contain a provision -which requires the recipient to agree to comply with ail applicable stcnderds, orders, or reculetions issued pursuant to the Clecn Air Act of 1970. Violations shall be reported to the Grcntor Acency and the Recional Office of the Environmental Protection Acency. E. Contracts shall contain such contrcctucl provisions or conditions which will clow for ccministrctive, contrcctucl, or legal remedies in in:tcnces where contractors violate or breach contracts terns, cnd ,provide for such sanctions and penalties as may be appropriate. F. All contracts, amounts for which are in excess of $2,500, shall contain suitable provisions for termination by the' grantee including the manner by which it will be effected and the basis for settlement. In addition, such eontrcets shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. G. In all contracts For construction or facility improvement awarded in excess of 5100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. H. All contracts and,isubgrants in excess of 510,000 shall in— clude provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity," as supplemented in Department of Labor Reculctions (41 CFR, Part 60). Each contractor or subgrantee shall be required to have on affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies gcels and target dates to assure the implementoticn of that plan- The grantee shell establish procedures to assure compliance with this requirement by contractors or suberontees and to assure that suspected or reported violations ore promptly investigated. RESTROOM FACILITIES M — 7 COMPLIANCE WITH PROVISIONS OF THE L1'.BCP, L --W Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: 1. Section 220.2 which requires a stipulction the, no laborer; wcrkmen or mechanic in the employ of the contractor, subcontractor or other person doina or ccntrcct- ing to do the whole or a pert of the work contemplated by the ccntract shcil be permitted or required to work more then eicht hours in any one cclendcr day cr more than five days in any one week except in the emereencies set forth in the Labor Low. 2. Section 220.3 which requires a provision that each laborer, workman or meci-enic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate of wages anu shell be provided su'p'plements not less than the prevailing supplements as determined by the fiscal officer. 3. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shell post in a prominent and accessible place on the site of the work a legible statement of all wace rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechcnics, workingmen, or laborers employed on the work. 4. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his wore force on any job uncer the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wace rates, for the orec of construction prior to using any apprentice on the contract work. 5. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontrcct hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate aciainst any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State Low against Discrimination which also prohibit discrimination in employment because of age); RESTROOM FACILITIES M - 8 (c) That there may be deducted from the amount payable to the ccntroctor by the State or municipality under this contract a penalty of five dollars for e. --c^ calendar day during which such person was discriminated eccinst or inhmiccte- in violation of the provisions of the contract; (d) That this contract may be cancelled or terminated by the S!cte or mur,ici:.c►- ity, and all moneys due or to became due hereunder mcv be fcrfeited, for c second or any subsequent violation of the terms or conditiens of this section of the contract. 6. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equiiiment or supplies shall be limited to operctiens performed within the territorial limits of the Stcte of New York. 7. Section 222 which requires that preference in employment shell be elven to citi- zens of the State of New York who hove been residents for et leas., six consecutiv- months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not ovaile6le; and that if the recuirements of Section 222 concerning prefer- ence in employment to citizens of the State of New York cre not complied wit'.,;, the contract shell be void. 8. Section 222-a which requires that if in the construction of the public worts a harmful dust hazard is created for which appliances or methods for the eliminct- tion of harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have E*een approved by the Becrd of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State ccntrocting agency, including Public authorities, must include in each contract parccrophs (c) through (g) of the Standard State Contract clauses promulocted by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wcaes can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's comaensation, unemployment insurance, social security and safety code provisions as are required by law. RESTROOM FACILITIES M - 9 L� 0 General•Rogulotion No. 1, as issued by the State Commission for Human Rights, r;^uires that each contract contains c stiou.latien that: !'It is hereby agreed by and between the parties hereto that every contrec!cr end subcontractor enc,:iced in the public work describes in this contract shall post and maintain at each of his establishments and et all elates at which the public work describe' hereunder is being conducted, the Notice of !e State Commission for Human Mchts indiccling the substantive previsions of the Low Accinst Discrimination, where complaints mc,,, be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lichted places customarily frequented by employees and applicants for employment." The Notice mcy be obtained from the department hevina jurisdiction, or from the office of the Stele Commission for Human Richt< in the respective area. You are reeuested to refer to tie Bureau of Public Work all cherces of discrimination in employment including discriminc. ion because of ace, race, creed, color or nclional ericin RESTROOM FACILITIES M — 10 SECTION NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employ- ment because of race, creed, color, or notional origin, and will take affimetive action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, lcvoFF or termination, rates of pay or other forms of compensation, and selection for training or retrain- ing, including apprenticeship and on-the-job training. b. The Contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding , a notice, to be provided by the Commission of Human Rights, advising such labor union or representative 'of the Contractor's agreement under clauses "a." through "h. hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will take affirmative action to insure that they ore afforded equal membership opportunities without discrimination because of rete, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, de- ..motion, e- ..motion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job train ing. Such notice shall b'e given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of per- formances of this contract. If such labor union or representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. C. The Contractor will post and keep posted in conspicuous places, available to employ, and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provisions of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. d. The Contractor will state, in cll solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equa employment opportunities without discrimination because of rote, creed, color, or national origin. RESTROOM FACILITIES N = I e. The Contractor will comply with the provisions of Sections 291-299 of the Executi Law and the Civil Rights Law, will furnish all information and reports deemed nec sary by the Commission for Human Rights under these non-discrimination clauses a: such sections of the Executive Low, end will, permit access to his books, records, and accounts by the Commission for Human Rights, and O.••ner representatives/coy for purposes of investigation to ascertain compliance with these non-discriminetior clauses and such sections of the Executive Law and Civil Rights Law. f. This Contract may be forthwith cancelled, terminated, or suspended in whole or it part, by the contracting agency upon the basis of a finding made by the Commissic of Human Rights that the Contractor has not complied with these non-discriminatio clauses, and the Contractor may be declared ineligible For future contracts made b or on behalf of the Owner/Contracting Agency until he satisfied the Commission fc Human Rights that he has established and is carrying out a proeram in conformity w the provisions of these non-discrimination clauses. Such finding shall be made by Commission for Human Rights after conciliation efforts by the Commission have fail to'cchieve compliance with these non-discrimination clauses and after a verified c plaint has been filed with the Commission, notice thereof has been given to the Cc tractor and an opportunity has been afforded him to be heard publicly before three members of the Commission. Such santions may be imposed and remedies otherwise provided by law. g. If this Contract is cancelled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, th, Contractof will hold the Owner harmless against any additional expenses or costs it curred by the Owner in completing the work or in purchasing the -services, materia' equipment, or supplies contemplated by this contract, and the Owner may withholc payments from the Contractor in an amount sufficient For this purpose and recourse may be had against the surety on the performance bond if necessary. h. The Contractor will include the provisions of clauses "a:', through "g in every sub contract or purchase order in such a manner- that such provisions wil I be binding up( each subcontractor or vendor as to operations to be performed within jurisdictional locale of the Project being contracted by the Owner. The Contractor will take sur. action in enforcing such provisions of such subcontract or purchase as the Owner/ Contracting Agency may direct, including sanctions or remedies for non-compliant If the Contractor becomes involved in or is threatened with litigation with a sub- contractor or vendor as a result of such direction by the Contracting Agency/Owne the Contractor shall promptly so notify the Owner's representatives/counsel, reque! him to intervene and -protect the interests of the Owner (Contracting Agency's jurisdictional area). RESTROOM FACILITIES N - 2 0 DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: A. The work covers the construction of a new 12' X 20' one story restroom facility located at Town Beach on County Rte. 48, Southold, New York, in full accordance with the contract documents. B. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred therefrom. C. This contract includes all site work for the project. D. The Contractor shall obtain and pay for all applicable fees and charges not specifically excluded from this contract. 1.02 WORK BY OTHERS: A. The following will be provided by other: 1. The Owner will provide and pay for the following: a. Village of Greenport water tap fee. b. All related building permits. END OF SECTION RESTROOM FACILITIES 1010-1 Section 1080 - APPLICABLE CODES 1.01 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. 1. Applicable codes or ordinances of local governing agencies. 2. National Fire Protection Association (NFPA). 3. New York Building Code. 1.02 The Town of Southold shall obtain and pay for all permits and required inspections. END OF SECTION RESTROOM FACILITIES 1080-1 Section 1500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.01 UTILITIES A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during construction and shall pay for all electrical power used. B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. C. TEMPORARY TELEPHONE SERVICE: The Contractor shall install and pay a temporary job telephone for the duration of the contract. Telephone shall be equipped with an outside gong or bell. D. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades during the construction period. E. TEMPORARY SANITARY FACILITIES: The Contractor shall provide and maintain temporary toilets in accordance with local health ordinances. 1.02 BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas during construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION RESTROOM FACILITY 1500-1 0 Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect. B. For products specified by naming only one product or manufacturer, unless otherwise indicated The Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the project was used when requested by the Architect. B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. C. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He Will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS: A. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. B. The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. C. Substitutions which require a substantial revision of the Contract Documents will not be considered. RESTROOM FACILITIES 1600-1 1.05 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION RESTROOM FACILITIES 1600-2 0 • DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General requirements of these specifications. section 2100 - SITE PREPARATION Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 1. Earthwork - 2200 Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 CLEARING: A. Limits of clearing shall be all areas within the proposed improvements. b. Saw cut existing pavement in construction are as required. Excess material shall be removed from the site at the contractors expense. 3.03 STRIPPING: A. stockpile all excavated sand & Gravel in designated or approved location. All remaining stockpiled material at the end of the project will be collected by the Town of Southold. 3.04 DISPOSAL: A. Burning of -material on the site will not be permitted. B. Removal: 1. Material to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours, material to be removed shall not be allowed to accumulate for more than 48 hours. C. Dumping: 1. Construction & Demolition material generated by this project shall be dumped at the Southold Town landfill at no cost to the contractor. END OF SECTION RESTROOM FACILITIES 2100-1 0 • Section 2200 - EARTHWORK Part 1 - GENERAL 1.01 Description: A. Provide earthwork in area inside and outside the building limit to obtain required finish elevations. Earthwork includes, but is not limited to: 1. Excavation of unsuitable material and replace with controlled filled material. 2. Backfilling of trenches within building lines. Limit of work under this contract shall include the entire site. B. Related Work Specified of Elsewhere: 1. Site Preparation - 2100 1.02 QUALITY ASSURANCE: A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.03 JOB CONDITIONS: A. Protection of Persons and Property: 1. Barricade open excavations occurring as part�of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. Part 2 - PRODUCTS 2.01 SOIL MATERIALS, DEFINITIONS: A. Definitions: 1. Satisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes; as GW, GP, GM, SW, SP, SM and SC with no more than 20 percent by weight finer than No. 200 sieve. 2. Unsatisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes, as ML,CL, OL, MH, CH, OH, and PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. 3. Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. RESTROOM FACILITIES 2200-1 • Part 3 - EXECUTION 3.01 EXCAVATION: A. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. B. Earth excavations include removal and disposal of pavements, and other obstructions visible on ground surface and other materials encountered that are not classified as rock excavation or unauthorized excavation. C. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of Architect. Unauthorized excavation, as well as remedial work directed by Architect shall be at Contractor's expense. 3.02 COMPACTION: A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentage of maximum dry density for soils which exhibit and well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture -density relationship. C. Structures: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. D. Building Slabs, and paved Areas: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. 3.03 BACKFILL AND FILL: A. Place acceptable soil material in layers to required subgrade elevations, for each area classification listed below. 1. Under walks and steps, use satisfactory excavated or borrow material. 2. Under building slabs, use satisfactory borrow material 3.04 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. RESTROOM FACILITIES 2200-2 3.05 DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debris shall be disposed of at the Southold Town Landfill at no cost to the Contractor. END OF SECTION RESTROOM FACILITIES 2200-3 0 Section 2500 - PAVING AND SURFACING Part 1 - GENERAL 1.01 DESCRIPTION: • A. Provide all paving, and sidewalks as shown. Limits of work under this contract shall include the entire site and all sitework shown. B. Related work specified elsewhere: 1. Excavation - 2200 2. Masonry - 4200 1.02 QUALITY ASSURANCE: A. Qualifications of Asphalt Concrete Producer: Use only materials which are furnished by a bulk asphalt concrete producer regularly engaged in production of hot -mix, hot -laid asphalt concrete. Part 2 - PRODUCTS 2.01 ASPHALT CONCRETE PAVING MATERIALS: A. Base shall be crushed aggregate stone blend or recycled concrete in accordance with Town of Southold Highway Specifications. B. Bituminous Asphalt shall meet the requirements of the Town of Southold Highway Specifications. 2.02 CONCRETE SLABS: A. Concrete shall be air entrained, 3.000 P.S.I. Min. B. Provide asphalt impregnated joint filler & control joints as indicated on the drawings. Part 3 - EXECUTION: 3.01 PAVING: A. Paving shall be in accordance with all applicable sections of the Town of Southold Highway Specifications. END OF SECTION RESTROOM FACILITIES 2500-1 DIVISION THREE - CONCRETE All work in this Division shall comply with all particulars of the General conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 3000 - CONCRETE WORK Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete work as shown. B. Related Work Specified Elsewhere: 1. Paving Surfacing - 2500 1.02 QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of following codes specifications and standards, except where more stringent requirements are shown or specified: 1. ACI 318 " Building Code Requirements for Reinforced concrete". Part 2 - PRODUCTS 2.01 FORM MATERIALS: A. Forms for unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. B. Form Coatings: Provide commercial formulation form -coating compounds that will not bond with, stain nor adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2.02 CONCRETE MATERIALS: A. Portland Cement: ANSI/ASTM C 150, Type I, unless otherwise acceptable to Architect. B. Use one brand of cement throughout project, unless acceptable to Architect. C. Air -Entraining Admixture: Ansi/ASTM 260. RESTROOM FACILITIES 3000-1 i • Part 3 - EXECUTION 3.01 FORMS: A. Design, erect, support, brace and maintain formwork to support vertical and lateral loads that might be applied until such loads can be supported by concrete structure. Construct formwork so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design formwork to be readily removable without impact, shock or damage. 3.02 FINISH OF FORMED SURFACES: A. Float Finish: Apply float finish to all concrete slabs to receive trowel finish. B. Trowel Finish: Apply trowel surface to al concrete slabs exposed -to -view. END OF SECTION RESTROOM FACILITIES 3100-2 0 • DIVISION FOUR - MASONRY All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 4100 - MORTAR Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all mortar for masonry work B. Related Work Specified Elsewhere: 1. Masonry - 4200 Part 2 - PRODUCTS 2.01 MATERIALS: A. Sand shall be an acceptable color, clean, sharp, graded and shall conform to ASTM C144. All sand used throughout the project shall be from a single source and shall be uniform in color. B. Water shall be clean, taken from a source suitable for domestic consumption. The maximum amount of water to produce the desired workability shall be used. C. Mortar for all concrete masonry shall be Type S and shall have an average compressive strength of 1800 PSI at 28 days. Part 3 - EXECUTION 3.01 APPLICATION: A. Mix mortar in strict conformance with manufacturer's printed directions and use within two hours of mixing. B. Mortar shall be used in as wet a consistency as can be conveniently handled. Temper frequently if necessary. Mortar which has stiffened or in which the cementing material has started to set shall not be re -tempered or used. C. Anti -freeze compounds and admixtures will not be permitted in mortar. END OF SECTION RESTROOM FACILITIES 4100-1 0 0 0 Section 4200 - MASONRY Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete unit masonry work. B. Related Work Specified Elsewhere: 1. Concrete - 3000 2. Mortar - 4100 Part 2 - PRODUCTS 2.01 CONCRETE MASONRY UNITS: A. all sizes and shapes shall be as required or as indicated on the drawings. B. Hollow Load -Bering Units: ASTM C 90. Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the Contractor to verify, coordinate and provide for all architectural and mechanical work in and around the masonry construction. Additionally, Contractor shall take all necessary precautions to protect masonry work from damage during construction. 3.02 INSTALLATION: A. Joints and bond in masonry construction: Horizontal and vertical face joints shall have a nominal thickness of 3/8 inch. Construct uniform tight joints provide struck flush joints for concealed CMU and concave joints for all exposed CMU, unless otherwise indicated on the drawings. B. Workmanship: All work shall be performed by skilled tradesmen in a high quality workmanlike manner and is subject to the final approval of the Architect. Only dry masonry units shall be laid with all cutting and fitting done with a masonry saw. All work shall be plumb, true to line and with level courses accurately spaced. 3.03 CLEANING: A. All exposed CMU work shall be thoroughly cleaned and ready for additional finishes. END OF SECTION RESTROOM FACILITIES 4200-1 0 • DIVISION FIVE - METALS All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 5500 - MISCELLANEOUS METALS Part 1 - GENERAL 1.01 DESCRIPTION A. Provide all miscellaneous metals including, but not limited to, the following: 1. Metal grab bar brackets 2. Other miscellaneous metals as indicated or required. Par 2 - PRODUCTS 2.01 MATERIALS: A. Metal Surfaces, General: For fabrication of work which will be exposed to view, use only materials which are smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names and roughness. Remove such blemishes by grinding or welding and grinding, prior to cleaning and application of surface finishing. B. Nuts and bolts - ASTM A 325 C. Anchor bolts - ASTM A 307 D. Machine screws - Fed. Spec. FF -S-92. E. Galvanizing - Hot -Dip Galvanizing shall conform to ASTM A 123. Galvanized coatings where required shall successfully withstand the Preece Test referred to in the foregoing standard. F. Paint - Fed. Spec. TT -P -86a, Type II. Part 3 - EXECUTION 3.01 PREPARATION: A. The Contractor shall study the contract drawings and specifications with respect to the work shown or required under this and related Divisions and Sections to ensure completeness of all work. Supplementary parts necessary to complete each item, though such work is not definitely shown or specified, shall be included. B. The Contractor shall coordinate and schedule the work of this Section with the work of other trades. Anchors, sockets, fastenings and other miscellaneous items required for securing metal work to other construction shall be furnished as required so as not to delay the progress of the work. RESTROOM FACILITIES 5500-1 3.02 INSTALLATION: A. Whenever the work, or part of it, required embedding in concrete or masonry, give complete instructions, provide labor and materials to place the material into the work, and supervise the installation. B. Install and erect the work plumb, level, true, and properly aligned. Detail and install work with due consideration of all work of others in the vicinity. Show the work of others adjacent to this work on shop drawings wherever necessary for proper completion of the work. END OF SECTION RESTROOM FACILITIES 5500-2 DIVISION SIX - WOOD AND PLASTIC All work in this section shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 6100- ROUGH CARPENTRY Part 1 - General 1.01 DESCRIPTION: A. Provide all structural, non-structural and miscellaneous wood framing, including, but not limited to the following: 1. Wood Joists. 2. All miscellaneous framing, wood plates, blocking, back-up, etc. 3. Roof sheathings and building papers. 4. All fasteners, nails and rough hardware. B. Related Work Specified Elsewhere: 1. Miscellaneous Metals - 5500 2. Toilet and Specialty Accessories - 10800 1.02 QUALITY ASSURANCE: A. Lumber shall be in conformance with the grading rules of the Southern Pine Inspection Bureau (SPIB) or the Western Wood Products Association (WWPA). B. Plywood shall conform to the grading rules of the Softwood Plywood Construction and Industrial Product Standard PS 1-66. C. All lumber and plywood shall bear official grade marks. 1. Lumber shall be grade stamped by mill showing grading agency, mill lumber grade, species, grading rules and seasoning. 2. Plywood shall bear grade trademark of the American Plywood Association (APA), showing type, grade, class, identification index, and inspection agency mark. RESTROOM FACILITIES 6100-1 0 Part 2 - PRODUCTS 2.01 MATERIALS: • A. Lumber: 1. Sizes shall be as indicated on drawings: dimensions are nominal, actual sizes shall conform to the American Lumber Standards, latest published edition. All lumber shall be kiln -dried to 15 percent maximum moisture content and be finished four side (S4S). 2. Framing lumber shall be grade No. 2, Southern Yellow Pine for both bearing and non-bearing construction. Framing shall be CCA Treated. 3. Blocking, furring, grounds and nailers shall be grade No. 2, Southern Yellow Pine. No grade no. 3 lumber shall be allowed for -any use on this project. All blocking, furring, grounds and nailers built into or permanently concealed by construction shall be CCA Treated. B. Plywood: 1. Roof sheathing: Standard with exterior glue 1/2" thick. Part 3 -EXECUTION 3.01 PREPARATION: A. The Contractor shall verify that surfaces to receive rough carpentry are prepared to proper grades and dimensions. In addition, it is the responsibility of the Contractor to coordinate and provide for all work of other trades and schedule his work to minimize delays to the project. 3.02 INSTALLATION: A. All work shall be performed by experienced tradesmen. Blocking shall be true, plumb and anchored as required and in accordance with these Specifications and good construction practices. B. Provide blocking, furring, back-up, firestops, etc., as shown on the drawings, called for in the specifications or necessary for the proper installation of any item, fixture, or trim: constructed as appropriate for intended use. C. Roof Sheathing: 1. Install plywood with face grain perpendicular to supports. End joints shall be located over supports and staggered between panels. Allow 1/16 inch space at end joints and 1/8 inch space at edge joints increase spacing during damp weather. 2. Nail as per APA recommendations to develop full rated panel strength. END OF SECTION RESTROOM FACILITIES 6100-2 Section 7500 - ASPHALT ROOFING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide Asphalt Roofing. B. Related Work Specified Elsewhere: 1. Rough Carpentry - 6100 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers; Roofing: 1. Johns - Manville or approved equal B. The Roofing Contractor shall be certified by the manufacturer and shall have a minimum of five (5) years experience as a contractor. C. All materials and workmanship shall conform with the manufacturer's standard specifications for New Roofing. Part 2 - PRODUCTS - Not Used Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the General Contractor to verify, coordinate and provide for all architectural and mechanical materials to be incorporated in the roofing system. He shall provide treated wood nailers as required and where indicated on drawings and furnish the necessary materials to ensure timely completion of the roofing work. 3.02 INSTALLATION: A. All work including installation of architectural and mechanical materials shall be as required and indicated on drawings and in accordance with the roof manufacturers printed specifications. Coordination of requirements for roof mounted equipment and roof penetrations with mechanical, electrical and plumbing design shall be the Contractor's responsibility. 3.03 PROTECTION OF WORK: A. It is the responsibility of the General Contractor to adequately protect the roofing system from damage during construction. Any materials which become damaged shall be promptly repaired or replaced at no additional charge to the Owner. END OF SECTION RESTROOM FACILITIES 7500-1 0 DIVISION EIGHT - DOORS AND WINDOWS All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 8100 - METAL DOORS AND FRAMES Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide metal doors and frames where indicated or required. B. Related Work Specified Elsewhere: 1. Finish Hardware - 8700 1.02 QUALITY ASSURANCE: A. Manufacturer: Hollow Metal Work shall be manufactured by one of the following: 1. Steelcraft 2. Amweld 3. Ceco Part 2 - PRODUCTS 2.01 MATERIALS: A. Sheet steel for frames shall be hot rolled prime quality carbon steel, electro zinc coated. B. Sheet steel for doors shall be cold rolled stretcher level sheet steel electro zinc coated. C. Paint: Shall be a rust -inhibiting metal primer. D. Frames: 1. Exterior frames: shall be shaped as indicated on drawings, 16 gauge fully welded units. 2. Frames shall be reinforced for all hardware in accordance with templates provided by the hardware manufacturer. Reinforcement shall be 7 gauge minimum at hinges and pivots, 12 gauge minimum at all other hardware reinforcements. E. Metal Doors: Shall be 18 gauge flush type. F. Anchors: 1. Provide an anchor at each jamb for each 2 feet of door height or fraction thereof. 2. Vary anchor types to provide positive fastening to adjacent construction. 3. Secure a metal clip angle at bottom of each jamb member for anchoring to floor with a minimum of 2 fasteners. RESTROOM FACILITIES 8100-1 Part 3 - EXECUTION 3.01 PREPARATION FOR FINISH HARDWARE: A. Prepare doors and frames to receive hardware: 1. Hardware supplier shall furnish hollow metal manufacturer approved hardware schedule, hardware templates, and samples of physical hardware where necessary to insure correct fitting and installation. 2. Preparation includes sinkages and cut-outs for mortise and concealed hardware. B. Provide reinforcements of both concealed and surface applied hardware: 1. Drill and tap mortise reinforcements at factory, using templates. 2. Install reinforcements with concealed connections designed to develop full strength of reinforcements. 3.02 INSTALLATION OF FRAMES: A. Exercise care in setting frames to maintain scheduled dimensions. Wherever possible, leave frame spreader bars intact until frames are set perfectly square and plumb and anchors are securely attached. 3.03 INSTALLATION OF DOORS: A. Apply hardware in accordance with hardware manufacturer's templates and instructions. B. Hang door plumb and level and adjust operable parts for correct function. 3.04 PRIME COAT TOUCH UP: A. Immediately after erection, touch up areas where prime coat has been damaged shall be sanded smooth and touch up with same primer as applied at shop. All rust shall be removed before above specified touch up is applied. END OF SECTION RESTROOM FACILITIES 8100-2 • Section 8700 - FINISH HARDWARE Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all door hardware for exterior doors B. Related Work Specified Elsewhere: 1. Metal Doors and Frames - 8100 1.02 QUALITY ASSURANCE: A. Commercial grade hardware manufactured by the following companies are acceptable: 1. Russwin 4. Stanley 2. Schlage 5. Ives 3. Sargent 6. Pemko 1.03 SUBMITTALS: A. Submit five copies of a complete schedule, including keying and samples to the Architect for approval. Part 2 - PRODUCTS 2.01 MATERIALS A. The finish hardware listed herein shall not be construed as a complete hardware schedule and shall only be considered as an indication of the hardware requirements. It shall be the hardware supplier's responsibility to examine the drawings and door symbols and provide all necessary or additional hardware as required but not scheduled herein. Such items of hardware shall be of the same type, quality and quantity as that scheduled for similar doors or parts of the building used for similar purposes. B. Hardware shall be suitable and adapted for its required use and shall fit its designated location. Should any hardware as shown, specified, or required, fail to meet the intended requirements, or require modification to suit or fit the designated location, the hardware supplier shall promptly seek the correction or modification necessary in ample time to avoid delaying the manufacture and delivery of hardware. The hardware supplier shall verify the suitability of stops scheduled herein and where necessary shall provide fully concealed stays, backcheck devices on closers or roller stops, as approved by the Architect in lieu of stops scheduled. RESTROOM FACILITIES 8700-1 C. Hardware supplier shall be fully responsible for checking all details such as wall trim clearances, bevels, rabbets, backsets, proper type strike plates, length of spindles hands of locks, etc. in order that all items of hardware shall fit properly. Hardware for application to metal shall be made to standard templates. Template information shall be furnished to door and frame fabricator and all other trades requiring same, in order that they may cut, reinforce, or otherwise prepare in the shop, material for the installation of hardware. 2.02 KEYING A. All locks shall be keyed and master keyed as directed by the The Town. B. Provide three (3) keys for each lock. Part 3 - EXECUTION 3.01 DELIVERY OF HARDWARE: A. All items of finishing hardware shall be delivered to the building or as otherwise specified a sufficient time in advance of its requirement for proper inspection prior to installation. All items shall be properly wrapped in separate packages, complete with all trim, screws, etc., and be definitely numbered and labeled for each opening. 3.02 INSTALLATION: A. Install all finish hardware by skilled workmen as per manufacturer's instructions and adjust for perfect operation. After fitting of hardware, remove all natural finish exposed hardware before painting. Reinstall exposed hardware after all painting is complete. Any hardware that becomes damaged in finish or operation shall be replaced by the Contractor at no additional cost to the Owner. 3.03 HARDWARE SCHEDULE: A. Manufacturers catalog number specified herein are for the purpose of establishing a basis of quality, design and operation. Hardware by other manufacturer's will be acceptable provided that they provide the same function, appearance, quality level, and keying: 1. Hinges - Stanley Hardware 2. Locks - Russwin and Corbin as indicated 3. Closers - Russwin 4. Miscellaneous - Ives B. HARDWARE SET: Each door to have (type 3 locations) 1 1/2 Pr. Butts 1 Ea. Exterior Hasp & Padlock 1 Ea. Closer 1 Ea. Stop 1 Ea. Passage Set 1 Ea. Interior Dead Bolt END OF SECTION RESTROOM FACILITIES 8700-2 DIVISION NINE - FINISHES All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these specifications. Section 9900 - PAINTING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide the field painting and staining for the entire project, both interior and exterior; including, but not limited to, the following: 1. Exterior: a. Exposed ferrous and galvanized metal b. Plywood soffits C. T -III Plywood gable ends d. All wood fascia & rake boards 2. Interior: a. Exposed wood framing b. Hollow metal frames C. Exposed ferrous and galvanized metal d. Doors e. Exposed CMU's 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers: 1. Glidden 2. PPG (Pittisburgh Paints) 3. Benjamin Moore 4. Minwax B. Work in this Section must be performed by highly skilled tradesmen thoroughly experienced with commercial work. Part 2 - PRODUCTS 2.01 MATERIALS: A. It is the primary intent that each paint material and finishing material be the best of its respective kind as related to the item and surface to which it is applied. Except as other wise specified. Paint products shall be those of one manufacturer, premixed, ready for application. do not cut or thin in any way unless the nature of the product requires thinning in order to apply it or unless thinning is specified. In such cases, use thinner called for on the label in proper volume ratio recommended by the manufacturer. B. All colors shall be as selected by the Architect. RESTROOM FACILITIES 9900-1 • 2.02 EXTERIOR PAINTING 0 A. Ferrous Metal: 1 coat - Glidden Rustmaster Metal Primer 2 coats - Glidden Speedenamel Omit primer coat when shop primed; spot prime all marred or ruptured shop primer coats with primer specified. B. Galvanized Metal: 1 coat - Glidden Rustmaster Galvanized Metal Primer 2 coats - Glidden Speedenamel C. Wood Siding & Trim: 1 coat - Glidden Spred Prime Coat 3651 2 coats - Glidden Spred House Paint 3600 Series 2.03 INTERIOR PAINTING: A. Wood Framing & Plywood Sheathing: 1 Coat - Glidden Spred Primer/Sealer 2 Coats - Glidden Spred Satin Semi -Gloss Latex Enamel or Flat Latex as selected by the Architect. B. Ferrous Metal: 1 coat - Glidden Rustmaster Metal Primer 2 coats - Glidden Day -Lite Eggshell Enamel or Spred Lustre Semi -gloss Enamel as selected by the Architect. Omit primer coat when shop primed: spot prime all marred or ruptured shop coats with the primer specified. C. Galvanized Metal: 1 coat - Glidden Rustmaster Galvanized Metal Primer 2 coats - Glidden Day -Lite Eggshell Enamel or Spred Lustre Semi -gloss Enamel as selected by the Architect. D. Concrete Masonry Unit Wall Surfaces: 1 coat - Glidden Ultra -Hide Acrylic Latex Block Filler 2 coats - Glidden spred Lustre Semi -Gloss 2.04 OTHER SURFACES: A. Should painting requirements include additional surfaces not included in the foregoing lists of interior and exterior paint, the Architect shall determine the type paint necessary, with not less than tow field coats required in any such instance. RESTROOM FACILITIES . 9900-2 0 Part 3 - EXECUTION 3.01 PREPARATION: A. The installation of any part of the work of this Section will be construed as an acceptance of the surface over which the painting work is required to be applied. Any condition which does not conform to the specifications and/or is not satisfactory must be reported to the General Contractor prior to commencement of the work and thereafter painting Contractor shall be fully responsible for satisfactory work as required herein. B. Contractor shall thoroughly examine the Construction Documents and premises to determine the full extent of work required. C. All surfaces shall be prepared to receive paint in accordance with the manufacturer's recommendations. 3.02 APPLICATION: A. Time work shall be brush applied. All drywall surfaces shall be roller applied. Provide adequate illumination, evenly spread and smoothly flow all paint to avoid runs, sags, holidays, brush marks, or excessive roller stipple. No spray painting will be allowed. B. Remove and protect hardware, accessories, device plates, lighting fixtures, factory finished work and similar items or provide ample inplace protection. Upon completion of each space, carefully replace all removed items. C. The Contractor shall protect his work at all times and shall also protect adjacent work and materials by suitable covering or other method during progress of his work. The contractor shall take all necessary precautions to prevent fire or fire hazard. He shall remove from the premises all rubbish and accumulated materials of whatever nature not caused by others on a daily basis. Upon completion of the work he shall remove all paint and varnish spots from the floors glass and other surfaces and shall leave his part of work in clean, orderly and acceptable condition. END OF SECTION RESTROOM FACILITIES 9900-3 0 DIVISION TEN - SPECIALITIES • All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 10800 - TOILET AND SPECIALTY ACCESSORIES Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide toilet and specialty accessories. 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers for toilet accessories: 1. Miami -Carey 2. Bobrick 3. A.M.I., Inc. 4. Accessory Specialties, Inc. 5. Bradley Corporation 6. McKinney Part 2 - PRODUCTS 2.01 MATERIALS: A. The specialty accessory schedule listed herein shall not be construed as a complete schedule and shall only be considered as an indication of the accessory requirements. It shall be the supplier's responsibility to examine the drawings and to provide all necessary and additional accessories as required. Such items shall be of the same type, quality, and quantity as that scheduled for similar parts of the building. Part 3 - EXECUTION 3.01 INSTALLATION: A. Install in accordance with manufacturer's written instructions and approved shope drawings in the locations indicated on the drawings or as directed by the Architect. B. Soap dispensers shall be mounted in countertops such that end of spout will be over lavatory bowl. C. After installation, thoroughly clean exposed surfaces. Any item that becomes damaged in finish or operation shall be replaced at no additional cost to the Owner. RESTROOM FACILITIES 10800-1 3.02 SCHEDULE A. Specialty Accessories specified herein for the purposed of establishing a basis of quality, design and operation. Accessories by other manufacturers will be acceptable subject to the Architect's approval, provided they provide adequate functions and quality. Materials indicated are by Bobrick and J.L. Industries. All products shall have a brushed stainless steel (or chrome) finish unless otherwise noted. B. Toilet and Specialty Accessories Schedule 1. Men's Toilet: 1 ea. Toilet paper Holder 1 ea. Grab Bars 1 ea. Soap Dispenser 1 ea. Paper Towel Dispenser & Disposal Unit 2. Women's Toilet: END OF SECTION 1 ea. Toilet Paper Holder 1 ea. Grab Bars 1 ea. Feminine Napkin Disposal Unit 1 ea. Soap Dispensers 1 ea. Paper Towel Dispenser & Disposal Unit RESTROOM FACILITIES 10800-2 DIVISION FIFTEEN - PLUMBING All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Part 1 - GENERAL 1.01 PLUMBING: A. The Contractor shall provide a complete.working plumbing system to serve the construction as shown on the drawings. The systems shall be designed by a qualified designer in accordance with the requirements of the New York State Building and basic Plumbing Code and local plumbing officials at the Contractor's expense. B. The plumbing designer shall consult the complete drawings for this facility and shall design the plumbing system in accordance with this information all applicable codes and standards and good accepted engineering practice. C. The contractor shall be responsible for installing & connecting the existing water service line to the new facility. The New Meter Pit shall be located in the Utility Room. Coordinate all service requirements with the Village of Greenport Utility Department. 1.02 COORDINATION: A. Contractor shall be solely responsible for coordination of his work with the work of other trades, especially with regard to openings, roof penetrations, clearance above ceilings, and routing of ducts, pipes or conduits. END OF SECTION RESTROOM FACILITIES 15100-1 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER ����FFOLKc�Gy o OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 10, 1992: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the construction of one (1) comfort station at the Southold Town Beach. Judith T. Terry Southold Town Clerk March 11, 1992 1 � L Public Works Department Town of Southold Peconic Lane Peconic, N.Y. 11958 RAYMOND L. JACOBS Tel. 765-3140 Commissioner 734-5211 RESOLUTION BY: SECONDED BY: RECEIVED MAR 1992 Southold Tnvrn r'lorlc Commissioner of Public Works Raymond L. Jacobs requests permission to go to bid for the construction of one (1) comfort station at the Southold Town Beach. VOTE OF THE TOWN BOARD Supervisor Scott L. Harris (Yes) (No) Justice Raymond W. Edwards (Yes) (No) Councilman George L. Penny IV (Yes) (No) Councilman Thomas H. Wickham (Yes) (No) Councilwoman Alice J. Hussie (Yes) (No) Councilman Joseph J. Lizewski (Yes) (No) Town Clerk Town of Southold Dated: 0 11 CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITYIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: FORT V T#k65- VagS&L4D wo J4y41)2ED 5 xTy written in words) ,VA,2G0" (writt&n 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: 6 O� Business Address: l l ' o- �%� J�- ?6) —7 .1,211 �oxk 4cAfUe- Telephone Number: ✓lD 7y�/�O�Z / Date: CARTER - MLLLINCE INC. P.O. BOX 907 104 NEW YORK AVENUE SOUND BEACH, iv Y. 11789 RESTROOM FACILITIES D - 2 PROPOSAL FORM DATE: 2 Z— NAME OF BID ER: C/�/�%- ir1EL�/IPcc, �/lEG �. D. t3 O 1C / 0 7 !oy N yoeK,4�lvE �o�hd BES �tf!/7 TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD CARTER - MtLLiNLL INC. SOUTHOLD, NEW YORK 11971 P.O. BOX 907 104 NEW YORK AVENUE MEMBERS OF THE BOARD: SOUND BEACH, N.Y. 11789 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 JAN. 21, 1992 including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowled- gement 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 proposes and agrees .that if his proposal be accepted he will contract to furnish all materials not provided by the Town (see Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH & CONSTRUCT A ONE SOTORY CONCRETE BLOCK RESTROOM FACILITY. THE SIZE OF THE FACILITY SHALL BE 12' x 20' AND HAVE CCA TREATED WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 5 LEACHING POOLS. PATCH & REPAIR ALL PAVEMENT AND FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT'jN ACCORDANCE-. RITIL. THE RESTROOM FACILITIES D - 1 ADDEND 4 1 3//7/92 STATEMENT OF NON -COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and 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 own 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 competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. CARTER - MELENCE INC, P.O. BOX 901 104 NEW YORK AVENUE SOUND BEACH, i4_Y. IIj89 RESTROOM FACILITIES E - 1 Resolved that R E S O L U T I O N ame of Corporation) J • . be authorized to sign and submit the bid or proposal of this corporation for the following Project: (Describe Project) and to include in such bid or proposal the certificate as to non -collusion required by section one -hundred -three -d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporate bidder shall be liable under the penalties of perjuty. 6" &4. The foregoing is a true and correct copy of the resolution adopted by "7M M [ LL GC-. i L C. �oual� o��f. iaw corporation at a meeting on the Board of Directors held on the 2-4' day of 44h" 1912:1 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 CARTER - MELENCE INC. P.O. BOX 907 104 NEW YORK AVLWJ SOUND BEACri, !v Y i li89 RESTROOM FACILITIES E - 2 0 0 NEW YORK STATE AFFiP„ ; T I': -c ACTION CERTIFiCATION (TO BE CO;,,1PL`=TED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award cf e contract under this Invitation for Bids unless such oidder has submitted as a per' of its lzid the followina certification, whic4 will be deemed c part of the resulting contract: BIDDER'S CERTIFICATION i6car certifies that: 1 . it intends to use -she follcwinc Iisted construction trades in the work under the contractke-57-/f04f P:A44 .l77C5 M R�juXr.` and, 2. c. 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 PIan it will comply with the said County*- area within the scoff of coverage of that Plan, those trades being: v S em a v t 2.e.A Frog—f, 7 uL77g-t and/or, 6. as to those trcdes for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimus minority mcn- power utilization coals ant' the specific affirmative action steps contained in said Part II, for all construction work (both state cnd non -state) in the afore -mentioned area subject to these Bid Conditions, these trades beinc: and, 3. it will obtain from each of its subcontractors and submit to the contracting or adrlin- istering agency prior to the award of any subcontractor under this cantract 'rhe sub- contractor certification reeuired by these Bid Conditions. CARTER ME�r~NG P.O. BOX 901 104 NEW YORK MF-' ll;: -AC►�, SOUND BE J&i4�im (S _nature of Authorized Representative or Biccer) RESTROOM FACILITIES F - I THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that wh Carter-Melence, Inc. ere name and full naand address at lata( ride of cont.aatod 104 New York Avenue, Sound Beach, New York 11789 as Principal, hereinafter called the Principal, and International Fidelity Insurance Company °1e^'"fefr re/l name and address-orlesal,;rle ofSuetyt 24 Commerce Street, Newark, New Jersey 07102 a corporation duly organized under the taws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold (Mere insert full aline and address or legal ride of 0-nert Town Clerk, 53095 Main Road, Southold, New York 11971 as Obligee, hereinafter called the Obligee, in the sum of ***10% of the amount of the bid not to exceed six thousand five hundred dollars & 00/100*** Dollars (S 6,500.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,'bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Mere insert full name, address and description of projecU General Construction Work, for New Rest Room Facilities at Southold Town Beach County Road 48, Southold, New York 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 goad 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 2nd day of April 19 92 11 Carter-Melence, Inc. ' / /(Pri pa!) (Sea/) (Witness) Bid Date:04-02-92 (Tide) Bond Amt:10% of $65,000.00 International Fidel' y Insuradce Company re ) (Seal) (Witness) (Tid Denise Alexanian Attorney -In -Fact AIA DOCUMENT A310 • 810 BOND • AIA �9 • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, O. C. 20006 State of 1 ss. County of ) On this day of 19 , before me personally came to me known, and known to me to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he executed the same. My commission expires Notary Public --------------------------------------------------------------------- State of 1 ss. County of ) On this day of , 19 , before me personally came to me known and known to me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for th act and deed of said firm. My commission expires Notary Public State of 1 V e 111 PL- ' l County K } ss. ►� rh Nva rtN On this < day of e , 19�, before me personally cam o E C1C�l I t K�1 r"1 In 11 , to me knowr d JI °a c who being by me duly sworn, did depose anc;�ay that he is the x,2 V Y Q of Carter—Melence, Inc. the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed t said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said &AtN corpor*bhe signed h. name thereto by like order. Notary Public, State of New York n I� No.4985518 8 My commission expires "►J �,�� r�0ualified in Suffolk County ---------------------------------- ------ --- Notary Pubic __�-�q_ei ---- State of New York Westchester ss. County of jjj On this 2nd day of April '19 92 , before me personally carr o - E Denise Alezanian to me known, who, being by me duly sworn, did depose and say th< o m in o he is an attorney-in-fact of International Fidelity Insurance Company the corporation described in and which executed the within instrument; that he knows thecorporate seal of said corporation; that the se a affixed to the within instrument is such corporate seal, and that he signed the saidinstrument andaffixed the said seal as Attorney -in -Fa by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. NORM PPUUBUC, SINE TATE OF NEIN Y= / My commission expires AUFIED IN s / tAnKtZ Notary Public 01-22-93 INTERNATIONAL FIDELITY INSURANCE COMPANY 24 COMMERCE ST., NEWARK, NEW JERSEY 07102 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT JUNE 30, 1990 TOTAL ASSETS ................................. 68,002.253 LIABILITIES, SURPLUS & OTHER FUNDS Losses (Reported losses net as to reinsurance ceded and incurred but not reported losses) ...................... 25,911,562 Loss Adjustments Expenses ............................ 8,922,887 Contingent Commissions & Other Similiar Charges ....... 150,447 Other Expenses (Excluding taxes, licenses and fees) ........ 79,210 Unearned Premiums .................................. 16,826,222 Funds Held by Company Under Reinsurance Treaties ..... 66,877 Amounts Withheld by Company for Account of Others .... 13,713 Liability for Unauthorized Reinsurance .................. 911,756 Liability for Uncashed Checks .......................... 57 TOTAL LIABILITIES ............................. 52.882.731 Common Capital Stock ............................... 1,330,000 Preferred Capital Stock ............................... 1,200,000 Gross Paid -in & Contributed Surplus .................... 544,600 Unassigned Funds (Surplus) ........................... 12.044,922 Surplus as Regards Policyholders .................... 15.1 19,522 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS 68.002.253 1, PHILIP KONVITZ, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of business, June 30, 1990, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. IN TESTIMONY WHEREOF, I have set my hand and affixed E`pE%-%i Y ,NS�9 the seal of the Company, this August 9, 1990. D�?OR�f 9y o �' SEAL rn INTERNATIONAL FIDELITY INSURANCE COMPANY s L 1904 o dmf 7;y �EaS`''aaa 1 , President ASSETS 1990 Bonds (Amortized Value) .............................. . $52,179,299 Preferred Stock ...................................... 500,000 Common Stocks (Market Value) ........................ 1,101,731 Mortgage Loans on Real Estate ........................ 84,709 Real Estate .......................................... 57,440 Cash & Bank Deposits ................................ 6.119,898 Short Term Investments ............................... 3,157,197 Unpaid Premiums & Assumed Balances ................. 1,186,084 Reinsurance Recoverable on Loss Payments .............. 1,544,112 Federal Income Tax Recoverable ....................... 336.000 ` Electronic Data Processing Equipment .................. 279,331 Interest & Dividends Due and Accrued ...... 1,197,1,1 --'-Fu' nds Held in Escrow Accounts ........................ 7,957,522 Collateral Funds Held Under Contract ..................... (7,957,522) Contract Balances Due and Unpaid ..................... 235,508 Prepaid State & Local Insurance Taxes .................. 23.783 TOTAL ASSETS ................................. 68,002.253 LIABILITIES, SURPLUS & OTHER FUNDS Losses (Reported losses net as to reinsurance ceded and incurred but not reported losses) ...................... 25,911,562 Loss Adjustments Expenses ............................ 8,922,887 Contingent Commissions & Other Similiar Charges ....... 150,447 Other Expenses (Excluding taxes, licenses and fees) ........ 79,210 Unearned Premiums .................................. 16,826,222 Funds Held by Company Under Reinsurance Treaties ..... 66,877 Amounts Withheld by Company for Account of Others .... 13,713 Liability for Unauthorized Reinsurance .................. 911,756 Liability for Uncashed Checks .......................... 57 TOTAL LIABILITIES ............................. 52.882.731 Common Capital Stock ............................... 1,330,000 Preferred Capital Stock ............................... 1,200,000 Gross Paid -in & Contributed Surplus .................... 544,600 Unassigned Funds (Surplus) ........................... 12.044,922 Surplus as Regards Policyholders .................... 15.1 19,522 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS 68.002.253 1, PHILIP KONVITZ, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of business, June 30, 1990, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. IN TESTIMONY WHEREOF, I have set my hand and affixed E`pE%-%i Y ,NS�9 the seal of the Company, this August 9, 1990. D�?OR�f 9y o �' SEAL rn INTERNATIONAL FIDELITY INSURANCE COMPANY s L 1904 o dmf 7;y �EaS`''aaa 1 , President PROPOSAL FORM DATE: �L / - 2 2 NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: Tcn 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 JAN. 21, 1992 including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowled- gement 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 proposes and agrees.that if his proposal be accepted he will contract to furnish all materials not provided by the Town (see Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH & CONSTRUCT A ONE SOTORY CONCRETE BLOCK RESTROOM FACILITY. THE SIZE OF THE FACILITY SHALL BE 12' x 20' AND HAVE CCA TREATED WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 5 LEACHING POOLS. PATCH & REPAIR ALL PAVEMENT AND FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT) ' IN ,'ACCORDANCE.NIT1L' .THE RESTROOM FACILITIES D - 1 .r CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITYIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: t ouA I F1 U �'-U r►C'tiP PC (written in words) % =� - T © o (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.,l Signature of Bidder: Business Address: L%.i O So UT k -I -d M V Telephone Number: �7G rj / 1G Date: !�t- RESTROOM FACILITIES D - 2 NEVI YORK STATE AFri°;:,' T(':r= r,CTION CERT IFIC.�TION (TO BE C0;,,1PLET_D BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award cf a contract under this Invitation For Bids unless such bidder has submitted as a part of its lid the following certification, which will be deemed c part of the resulting contract: BIDDER'S CERTIFICATION certifies that: 1. it intends to use -the following listed construction trades in the work under the contract� ru f P/t iso :l r& and, 2. c. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau -Suffolk County Plan it will comply with the said Count-/ 1- area within the scope of coverage of that Plan, those trades being: and/or, 6, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adoots the minimun minority mcn- power utilization goals and the specific affirmative action steps contained in said Part 11, for all construction work (both state and non -state) in the afore -mentioned area subrct to these Bid Conditions, these trades being: JoIQ13Pr fA �o . N f Pf2 MOSCC .. and, 3. it will obtain from each of its subcontractors and submit to the contracting or admin— istering agency prior to the ewerd of any s ontractor under this contract the sub- contractor certification required by then Bi Conditions. (Signature 04 horized Represen-etive or Bidder) RESTROOM FACILITIES F - 1 STATEMENT OF NON -COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and 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 own 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 competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. RESTROOM FACILITIES 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 cnd/or bonds to prctect lal-or and material men, the following surety: EJU✓A )L t-0R's /2R SURETY CCMPANY Sicned ,racer CERTIFICATE OF SURETY to be sinned by a duly authorized official, agent cr attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded s• to said diPR� �Ial�►+���n the CFoICS (ems (Bidder's Name) (Surety will execute the Surety Bonds as herein Company) before provided. S igned: Authorized Official,; Agen or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. RESTROOM FACILITIES G - 1 PROPOSAL FORM DATE: April 1, 1992 NAME OF BIDDER: ARTCO Drainaqe Corp. 7470 North Road, Mattituck, NY 11952 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 JAN. 21, 1992 including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowled- gement 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 proposes and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (see Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 and all other work in connection therewith, in accordance with the Contract Documents and .Addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH & CONSTRUCT A ONE SOTORY CONCRETE BLOCK RESTROOM FACILITY. THE SIZE OF THE FACILITY SHALL BE 12' x 20' AND HAVE CCA TREATED WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 5 LEACHING POOLS. PATCH & REPAIR ALL PAVEMENT AND FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT SIN ACCORDANCE. --WITH, THE RESTROOM FACILITIES D - 1 CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITYIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: Twenty Eight Thousand Four Hundred Twenty Seven and Thirty cents (written in words) $ 28,427.30 (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: ARTCO Drainage Corp. Telephone Number: Date: 7470 North Road P.O. Box 1132 Mattituck, New York 11952 (516) 298- 9660 April 1, 1992 RESTROOM FACILITIES D - 2 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 Contracbr) ARTCO Drainage Corp., P.O. Box 1132, Mattituck, NY 11952 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) Arthur P. Foster, Tallw000d Lane, Mattituck, NY 11952 as Obligee, hereinafter called the Obligee, in the sum of One Thousand Four Hundred Twenty One and 36/100 Dollars ($ 1 , 421 .36 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) Restroom Facilities Town Beach County Route 48 gou�1thf.�ld New York 11971 NOW, THEREF RE, if t e 061igee shall accept the bid of the PFincipal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligie 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) AIA DOCUMENT A310 • BID BOND • AIA B • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20Q06 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. NEW YORK STATE AFFI°;:,-T('. - CTION CERTIFIC.ATIO,j (TO BE COMPLETED BY EACH BIDDER) Bidder's Certiticctions: A bidder Will not be eligible for award c. c contract under this Invitation for Bids unless such bidder has submitted as a per; or its big the following certification, which .sill be deemed c part of the resulting contract: BIDDER'S CERTIFICATION ARTCO Draiange Corp. (aidderf certifies that: 1, it intends to use -the Fol Ic%ving listed construction trades in the work under the contract Plumber, Carpenter, Mason, Excavation _ and Drainage and Asphalt Co. and, 2. 'c. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Pert 1 of these Bid Conditions for participation in the Nassau -Suffolk. County PIan it will comply with the said Countyn area within the scoff of coveroae 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 mcn- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore -mentioned area sub ct to these Bid Conditions, these trades being: �JG=m_eJ and, 3. it will obtain from each of its subcontractorsand submit to the contracting or admin- istering agency prior to the award cf any subcontractor under this contract the sub- contractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bicder) RESTROOM FACILITIES F - 1 R E S O L U T I O N Resolved that ARTCO Drainage Corp. be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Restroom Facilities Town Beach, County Route 48 Southold, New York 11971 (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 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 �q�`.Cr._.i" C� RESTROOM FACILITIES E - 2 OFFER OF SURETY (To be Completed by Each Bidder) In the event the above Proposal is accepted and the undersigned is a,.verded the Contract for the work, the undersigned offers as surety for faithful performance, bond cnd/or bonds to protect lal-or and material men, the following surety: SURETY CCMPANY Signed (Bidder) CERTIFICATE O. SURETY to be signed by a duly authorized official, agent cr attorney of the Surety Ccmpcny. In the event that the above Proposal is accepted and the contract for the wort: is awarded T. to'said the (Bidder's Name) (Surety will execute the Surety Bonds as herein - Company) before provided. Signed: Authorized Official, Agent, or Attorney Do te: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF 810 BOND, OR BID MAY BE REJECTED. It RESTROOM FACILITIES G - 1 PROPOSAL FORM DATE: NAME TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: _ 11 `7 ci I 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 JAN. 21, 1992 including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowled- gement of Addenda and their elates 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 proposes and agrees .that if his proposal be accepted he will contract to furnish all materials no provided by the Town (see Specifications) and to perform all thF work required to construct, perform and complete the work at: TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH & CONSTRUCT A ONE SOTORY CONCRETE BLOCK RESTROOM FACILITY. THE SIZE OF THE FACILITY SHALL BE 12' x 20' AND HAVE CCA TREATED WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 5 LEACHING POOLS. PATCH & REPAIR ALL PAVEMENT AND FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT: IN ACCORDANCE:NITIL..THE RESTROOM FACILITIES D - 1 CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITYIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) 'S -7 I (written in fiumbers 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 utual agreement may extend this time period. Signature of Bidder: Business Address: i -7 o ) Telephone Number: Date: RESTROOM FACILITIES D - 2 STATEMENT OF NON -COLLUSION (To be Completed by Each Bidder) • In accordance with Section 103-d General Municipal Law, effective Septemger 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and 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 own 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 competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. RESTROOM FACILITIES E - 1 R E S O L U T I O N Resolved that __\ i Z V' _rllt�- (*' -vtT be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the followin Project: J� k—o cis , TU) L -,j &1 (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 theresolutionadopted by T _ n t TCi�_ 1C' tyi" corporation at a meeting on the Board of Directors held on the �_ day of A—Pp—( C , 19 q '�_ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 RESTROOM FACILITIES E - 2 NEW YORK STATE A=; 1R,Y,; T(•:r. ACTION CERTIFiCATION (TO BE C01v1PLETED BY EACH BIDDER) Bidder's Certifications: A 'bidder will not be eligible for awcrd clic contract under this Invitcncri for Bids unless such bidder has submitted as a part of its lid the following certificcsion, which will be deemed c part of the resulting contract: BIDDER'S CERTIFICATION (6 iccer) certifies that: 1. it intends to U56 -he follcwinlaa,listed construction trades in tr:e �� L under the contract - '%JL/ rr� L1 _ , -C &S' )1`�1�6 PtM and, 2. c. 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 PIan it will comply with the said County*- area within the scope of coverage of that Plan, those .trcdes being: OF ( P4I QV and/or, b. as to those trades for which it is required by these Bid Condirions to comply with Part If of these Bid Conditions, it adopts the minimus minority mcn- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction wort: (both state cnd non -state) in the afore -mentioned area subject to these B,d Conditions, these trcdes being: and, 3, it will obtain from each of its subcontractors and submit to th contrcctina or admin- istering agency prior to the award of any subcontractor urr t is contract the sub- contractor certification required by these Bid Clgnditions (Signature or"'zed MZepresen,atjveoi Bicder) RESTROOM FACILITIES F - I I HE AMERICAN INSTITUTE OF AKC:HITECTS ;I1 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe (Here insert full name and address or Te Aal title of Contractor) STATE OF TIE PRT CONSTR>rCTION CO., 1 RITTER AVE., kMITYVILLE, NY 11/01 as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) =ERNATIONP.L MELITY INSURALNCE COMPANY 24 CCMM&RCE ST, NETZA2Q, NJ 07102 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 (Here insert full name and address or legal title of Owner) Town of Southold as Obligee, hereinafter called the Obligee, in the sum of 5% of Amount Bid Dollars (5 5% ), 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. W H ER EAS, the Principal has submitted a bid for (Here insert full name, address and description of project) Construct new men's & women's bathrooms at Town Beach. 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 evert 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 31st day of March 19 92 (Seal) NTEI�TATIONPL EE ITY INSUR3NCE =T—ANY / (Surety) _ (Seal CHERESA S BURKE 1Oe/ ATTORNEY—N—FACT AIA DOCUMENT A310 • BID SONO • AIA ® • FESRUARY 1970 ED • THE AMERICAN 114STITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 i State of 1 ss. County of c m E+ On this day of 19 , before me personally came �°e� to me known, Q and known to me to be the individual described in and who executed the foregoing instrument,and acknowledged tome that he executed the same. My commission expires Notary Public --------------------------------------------------------------------- State of ss. County of c On this day of 19 , before me personally came E E °f to me known and known to me U. o c to be a member of the firm of a described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public --------------------------------------------------------------------- State of ,— -k 1 ss. County of On this .a day of 19-v-�--' , before me personally came r o E i2� (C �i1�� �V l to me known, rn o� a ac who being by me duly sworn, did depose and say that he is the U Y Q of the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixeAlb Mf � Bq� of Directors of said corporation, and that he signed his name thereto by like order. Notary Pubilic,4 tate OW Y �� Oualified in Nassau county 4",l My commission expires /%3 c ammission Expires.,-- , Notary Public – ----------------------------------------------– --------------------- State of New York County of Nassau I ss. On this 31 day of March 19 92 before me personally came c TIm E Theresa S Burke to me known, who, being by me duly sworn, did depose and say that iv d in o he is an attorney-in-fact of International Fidelity Ins. Co the corporation described in and which executed the within instrument; that he knows the corporate seal of sa Q affixed to the within instrument is such corporate seal, and that he signed the strument andaffixed the s by authority of the Board of Directors of said corporation and by autho ' y of this o ice under the Standing E,-blii.;`�;� Noiary PL:c,-s-tate of New York My commission expire ''o'' "'''`s2 .-. 1 Sit FORM # 1 Commission Expires March 30, t9 Notary 5rporation; that the seal seal as Attgrrt8y+iqFact :Autions thireof. \ INTERNATIONAL FIDELITY INSURANCE COMPANY 24 COMMERCE ST., NEWARK, NEW JERSEY 07102 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT JUNE 30, 1991 . ASSETS Bonds (Amortized Value) Preferred Stock ............................................... Common Stocks (Market Value) ................................ Mortgage Loans on Real Estate ................................. RealEstate .................................................. Cash & Bank Deposits ......................................... Short Term Investments ....................................... Unpaid Premiums & Assumed Balances .......................... Reinsurance Recoverable on Loss Payments ...................... Federal Income Tax Recoverable .............................. Electronic Data Processing Equipment ........................... Interest & Dividends Due and Accrued ........................... Funds Held in Escrow Accounts ................................ Collateral Funds Held Under Contract ........................... Contract Balances Due and Unpaid .............................. $58,274,860 990,000 1,394,969 82,131 54,260 4,692,508 3,702,209 1,658,801 2,143,777 176,000 242,792 1,304,788 14,594,285 (14,594,285) 1,014,368 TOTAL ASSETS ................................. $75,731,463 LIABILITIES, SURPLUS & OTHER FUNDS Losses (Reported losses net as to reinsurance ceded and incurred but not reported losses) .............................. $28,409,661 Loss Adjustments Expenses .................................... 11,198,450 Contingent Commissions & Other Similar Charges ................ 26,252 Other Expenses (Excluding taxes, licenses and fees) ................ 91,982 Taxes. Licenses & Fees (Excluding Federal Income Tax)............ 88,322 Unearned Premiums ........................................... 15,689,505 Funds Held by Company Under Reinsurance Treaties .............. 52,831 Accounts Withheld by Company for Account of Others ............ 13,029 Liability for Unauthorized Reinsurance .......................... 62,489 Liability for Uncashed Checks .................................. 57 TOTAL LIABILITIES ............................. $55.632.578 Common Capital Stock ........................................ 1,330,000 Preferred Capital Stock ........................................ 1,200,000 Gross Paid -in & Contributed Surplus ............................ 544,600 Unassigned Funds (Surplus) .................................... 17,024,285 Surplus as Regards Policyholders .................... 20,098,885 TOTAL LIABILITIES. SURPLUS & OTHER FUNDS $75,731,463 I, Francis L. Mitterhoff, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of business, June 30, 1991, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Company, this September 3, 1991. INTERNATIONAL FIDELITY INSURANCE COMPANY PROPOSAL FORM DATE: (CA J NAME OF BIDDER: LN TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: 1� )17-56 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 JAN. 21, 1992 including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowled- gement 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 proposes and agrees .that if his proposal be accepted he will contract to furnish all materials not provided by the Town (see Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH & CONSTRUCT A ONE SOTORY CONCRETE BLOCK RESTROOM FACILITY. THE SIZE OF THE FACILITY SHALL BE 12' x 20' AND HAVE CCA TREATED WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 5 LEACHING POOLS. PATCH & REPAIR ALL PAVEMENT AND FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT"'IN,ACCORDANCE:WITH_'THE RESTROOM FACILITIES D - 1 CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITYIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) 7, a3 5. �6 (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: W.H.M. Plumbing & Heating Ge"aaui tvr , I _ -. 6 H Enterprise Drive East SOJOI ,lcot, N.Y 117,212 Telephone Number: Date: RESTROOM FACILITIES D - 2 STATEMENT OF NON -COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and 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 own 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 competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. RESTROOM FACILITIES E - 1 Resolved that R E S O L U T I O N U �I . ISI uW►� � � ��?�r (Name of Corpor tion) be authorized to sign and submit the bid or proposal of this corporation for the following Proiect: 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 co tof the resolution adopted by W.v v . �1,1►���,n% (. �PAdi , Tyv/- 2n_ corpora 'on at.a meet ng on the Bol d of Directors held on the day of 19gZ 1 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 &U7 RESTROOM FACILITIES E - 2 NEVI YORK STATE AFFiR;:, 7(':.:: CTION CERTIFICATION (TO BE CONIPLETED 3`( EACH BIDDER) Bidder's Certifications: , A bidder will not be eligible for awcrd of c contract under this Invitation For Bids unless such bidder has submitted as a pert of its bio the following certification, which will be deemed c part of the resulting contract: BIDDER'S CERTIFICATION f H 5idd_rj _J certifies that: 1 , it intends to use- the fol lowing list,d construction trades i the, work under the contract /M (JW— 1 Y �"b� " �%k�(� 1 �1L� ; and, 2. c. as to those trades set forth in the preceding paragraph one hereor" for which it is eligible under Pcrt I of these Bid Conditions for participation in the Nassau -Suffolk County PIan 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 If of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part ll, for all construction work (both state cnd non -state) in the afore -mentioned cffa subiect tothese Bid Conditions, these trades being: and, 3. it will obtain from each of its subcontractors -and submit to the contracting or admin- istering agency prior to the award of any subcontractor under this contract the sub- contractor certification required by t ese B'd Conditions. (Signature of Aut, prize R p sen-ctive or Bidder) RESTROOM FACILITIES F - I THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 [lid Fond KNOW ALL MEN BY THESE PRESENTS, that we W.H.M. PLUMIW & HEATIm caNnAGIMS, 1NC. (Here insert full name and address or legal title of Contractor) ENTERPPJS DRIE 1733 as Principal, hereinafter carie t nc• alNan FiT1F.r.TTY AND DEPOSIT 0WANY OF MARYLAN (Here insert full name and address or legal title of Surety) ID 300 BROADACRFS DRIVE, )LDQ�'IQD NJ 073 a corporation duly organized under the 1aWs of t e State of MARYLAND as Surety, hereinafter called the Surety, are held and firmly bound unto BALTDU;E TOW 01F SOUffM (Here insert full name and address or legal title of Owner) 53095 MAIN ROAD, SOITMD, NY 11791 as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCH (5Z) O1F TOTAL ArD[M BID AND 00/100 Dollars ($ 52 ), 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) Southold Town Beach 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 2nd day of April 1 1 1992 / W.H.M HAS11C, & tPMC MTIRA[.1DRS, PTM.,,'. WA i ci al) (Seal) By j (Witness) By J (I Irle FIDELUY AND DEPOSIT Ru (S (Seal) (Wit ss) Susan Hammel, AS -To -Surety A. hmtullil, (itle) Attorney—,W Fact AIA DOCUMENT A310 • BID BOND • AIA B • 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. Acknowledgment of Corporation State of ILI CCf� f� ss.: County of On ,tgvs' / � � ' y of . / ` �✓� �� 1881 before me personally came l l . dF- ZCC414i to me known, o', b u)g by me to worn, " id_ ,depose and say that he resides in �,/. ��i /� ° ; that he is of the f l ) r r - the corporation described in and wich' execute teattached instrument, that he knows the corporate seal of the said corporation; that the seal affixed to said instryment is such corporate seal; and that it was so affixed by order of the Board of Directors of said c poration, and that he signed his name thereto by like order. - Notary: Au_r�llw TONI ANN RIMARM "77, No" State of New Y t Suffolk Co. Na 49MM" C"m Expires April 8, ,..,. COUNTY OF Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD 21303 STATE OF NEW JERSEY Essex ' SS: On this______. gild _day of ___ 11 ______�I11 92 , h. 111 me the subscriber, a Notary Public in and for the State of New ----�� E1ID3t1111 Jersey, duly commissioned and sworn, personally came_ _ ___ ----------- who, being by me duly sworn, on his oath says that he is the Attornev-in-Fact of the Fidelity and Deposit Company of Maryland, a corporation of the State of Maryland; that he resides in the Town of Bloomfield, State of New Jersey; that he knows the corporate seal of the said Company; that the seal affixed to the foregoing instrument is such corporate seal, and that it was affixed thereto by him as Attorney -in -Fact of said Company; that said instrument was signed by him as .Attorney -in -Fact of said Company by order, and as a voluntary act and deed, of said company; that the said Company has duly complied with all the requirements of Chapter 134 of the Laws of the State of New Jersey of the year Nineteen Hundred and Two (1902) as amended; that the good, available assets of said Company exceed its liabilities, as such liabilities are ascertained by the Law of that State and under its Charter to become surety on bonds and obligations such as are mentioned in said Charter; and also has on deposit with the Treasurer of the State of ;Maryland, good securities worth at least Four Hundred Thousand Dollars 1$400,000) held for security of its obligations and has fully paid up, safely invested an unimpaired capital of Four Million Five Hundred Thousand Dollars 1$4,500,000►; and said Company by a duly executed instrument, filed in the Department of Insurance of the State of New Jersey, has constituted the Commissioner of Insurance of the State of New Jersey, and his successor in office, its true and lawful Attorney, upon whom all original process in any action or legal proceeding against it may be served, and that the following is a true copy of the portion of the By -Laws of said Company authoriz- ing the execution of Bonds on behalf of said Company: "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizanees, stipulations, policies, con- tracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgag and instruments in the nature of mortgages.... and to affix the seal of the Company thereto." � Sworn and subaGrilled to before me this • ccmm day of April 19 92AAMat-41,11—��- "' ri A. Amatulli, Attorney -IirFact This ower of . ttorney limits the act of those named therein to the bonds and unde gs specifically named therein, and they have no authority to bind the Company cept in the manner athe extent therein stated. F!':iYR1 C. PAARL8'Jd 'J� POWER OF ATTORNEY "LF N. DN ON JERSEY Fidelity and Deposit Company of Maryland ?:1y Cemmw::icn "pines April 19, 1995 Home Office: Baltimore, Md. KNOW ALL MEN BY THESE PRESENTS: That the Fidelity and Deposit Company of Maryland, a corporation of the State of Maryland, by C. M. Pecot, Jr., Vice -President and C. W. Robbins, Assis- tant Secretary in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which reads as follows: "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specifically authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, con- tracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the name of mortgages, ... and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Louis M. Calucci, Robert J. Miedema, Craig J. Woehr, Joyce A. Lombardi, Ronald J. Plesniarski. Patricia LaRocca, Joanne F. Wasacz, Vera M. Handel, Irene Gallehue, Elizabeth J. Tomasulo, Maria Jinks, Timothy J. Davidow, Lori A. Amatulli and Brenda E. Horne, all of Bloomfield, New Jersey, EACH This Power of Attorney revokes that dated August 2, 1990, on behalf of Louis M. Calucci, Robert J. Miedema, Craig J. Woehr, Joyce A. Lombardi, Teresa F. Allen, Ronald J. Plesniarski, Patricia LaRocca, Joanne F. Wasacz, Linda Donellan, Kathleen Hamilton Cuva, Vera M. Handel, Irene Gallehue, Elizabeth J. Tomasulo, Maria Jinks, Timothy J. Davidow, Paul Matrale, Lori A. Amatulli and Brenda E. Horne, all of Bloomfield, New Jersey, EACH The said Assistant Secretary does hereby certify that the foregoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereto subscribed their names and affixed the corporate seal of the said Fidelity and Deposit Company of Maryland, this 17th day of September, 1990. Attest: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (SIGNED) C. W. Robbins By C. M. Pecot, Jr. Assistant Secretary Vice -President (SEAL) STATE OF MARYLAND SS: CITY OF BALTIMORE On this 17th day of September, A.D., 1990, before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commis- sioned and qualified, came the above-named Vice -President and Assistant Secretary of the Fidelity and Deposit Company of Maryland, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my ( ficial Seal, at the City of Baltimore, the day and year first above written. ISIGNEDI CAROL J. FADER (SEALI Notary Public My Commission Expires August 1, 1992 CERTIFICATE I, the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice -Presidents specificall authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1%9. Resolved; "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIIMMrONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 2nd —day of il 1 1992 BR19312id—IM. 9.90 232891 — 093 AAiqtant Secretary FOR 1'OL R PROTECTION LOOK FOR THE F&D WATERJI ARK L 1458,,(,,)- ''-Iht. 2-92 215495 FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: B.,1 L TIj1IORE, MD. 21203 Statement of Financial Condition AS OF DECEMBER 31, 1991 The goO Companies ASSETS Bonds..............................................................................$ 244,044,947 Stocks............................................................................. 241,625,039 RealEstate......................................................................... 7,060,665 Cash in Banks and Offices and Short Term Investments ..................................... 3,417,416 Premiums in Course of Collection (less than 90 days old) ................................... 35,896,351 Reinsurance and Other Accounts Receivable ............................................... 15,273.363 TOTAL A DNIITTED ASSETS............................................................$ 547,317,771 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums.......................................................$ 135,538,951 Reserve for Claims and Claim Expenses .................................................. 142,608,130 Reserve for Taxes and Expenses........................................................ 10,124,374 Miscellaneous........................................................................ 12,627,605 TOTALLIABILITIES...................................................................................$ 300,899,060 Capital Stock, Paid Up ........................................... $ 5,000,000 Surplus........................................................ 241,418,711 Surplus as regards Policyholders........................................................ 246,418,711 TOTAL............................................................................$ 547,317,771 Securities carried at $4,220,087 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 1991 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $566,959,210 and surplus as regards policyholders $266,060.150. I, JOSEPH J. GALLAGHER, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 31st day of December, 1991, according to the best of my information, knowledge and belief. ------ - -- ---- ----------------------------- ensurer STATE OF MARYLAND CITY OF BALTIMORE } SS: Subscribed and sworn to, before me, a Notary Public of the State of Maryland, in the City of Baltimore, this 31st day of December, 1991. eIf4lg--,e PUMIG ------------;i___�------ ----- Notary Public My commission expires November 1, 1993. t Fidelity and Deposit Company of Maryland The U0 Companies Bonding And Insurance SINCE 1890 . '3 Y4l ri v u" �, v> i, . kiy Fidelity and Deposit Company of Maryland The U0 Companies Bonding And Insurance SINCE 1890 . '3 Y4l ri v Fidelity and Deposit Company of Maryland The U0 Companies Bonding And Insurance SINCE 1890 SPECIFICATIONS .RESTROOM TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 JANUARY 21, 1992 FACILITIES : STED SOUTHOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC, NEW YORK 11958 516 - 765 - 3070 PROJECT DESCRIPTION RESTROOM FACILITIES : COUNTY TRE. 48, SOUTHOLD, NEW YORK THIS PROJECT INCLUDES THE CONSTRUCTION OF A 12' x 20' ONE STORY CONCRETE BLOCK RESTROOM. FOUNDATION: WALLS: FLOOR: STRUCTURAL FRAMING: ROOF: DOORS: PLUMBING: SEPTIC SYSTEM: SITE WORK: CONCRETE FOOTINGS 8" CONCRETE MASONRY UNITS 4" CONCRETE SLAB - 2 x 6 CCA TREATED JOISTS ASPHALT ROOF SHINGLES HOLLOW METAL DOORS & FRAMES SYSTEM DESIGNED BY CONTRACTOR IN ACCORDANCE WITH SPECIFICATIONS SEPTIC TANK & LEACHING POOLS INCLUDES ALL NECESSARY EXCAVATIONS, UTILITIES, FILL, PAVING AND SLABS. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT: STED, PECONIC LANE, PECONIC, NEW YORK 11958. ATTENTION - JAMES A. RICHTER - TELEPHONE - 516 765 3070 The foregoing Project Description is provided for general information only. It is not a 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 Instruction to Bidders Index to Drawings Proposal Form Statement of Non -Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions AIA Performance Bond Maintenance Bond General Release Prevailing Wage Rates Conpliance with the Labor Law & other Dept. of Labor Regulations Non -Discrimination Clause DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Applicable Codes Construction Facilities and Temporary Controls Substitutions DIVISION TWO - SITEWORK Site Preparation Earthwork Paving and Surfacing DIVISION THREE - CONCRETE A - 1 through A - 1 B - 1 through B - 3 C - 1 through C - 1 D - 1 through D - 2 E - 1 through E - 2 F - 1 through F - 1 AIA Document # A310 G - 1 through G - 1 AIA Document # A201 H - 1 through H - 2 AIA Document # A311 J - 1 through J - 2 K - 1 through K - l L - 1 through L - 36 M - 1 through M - 10 N - 1 through N - 2 1010 - 1 through 1010 - 1 1080 - 1 through 1080 - 1 1500 - 1 through 1500 - 1 1600 - 1 through 1600 - 2 2100 - 1 through 2100 - 1 2200 - 1 through 2200 - 3 2500 - 1 through 2500 - 1 Concrete 3000 - 1 through 3000 - 2 INDEX TO SPECIFICATIONS (continued) DIVISION FOUR - MASONRY Mortar 4100 - 1 through 4100 - 1 Masonry 4200 - 1 through 4200 - 1 DIVISION FIVE - METALS Miscelaneous Metals 5500 - 1 through 5500 - 2 DIVISION SIX - WOOD AND PLASTIC Rough Carpentry 6100 - 1 through 6100 - 2 DIVISION SEVEN - THERMAL & MOISTURE PROTECTION Asphalt Roofing 7500 - 1 through 7500 - 1 DIVISION EIGHT - DOORS & WINDOWS Metal Doors & Frames 8100 - 1 through 8100 - 2 Finish Hardware 8700 - 1 through 8700 - 2 DIVISION NINE - FINISHES Painting DIVISION TEN - SPECIALTIES Toilet and Specialty Accessories DIVISION ELEVEN - EQUIPMENT This Division Not Used 9900 - 1 through 9900 - 3 10800 - 1 through 10800 - 2 INDEX TO SPECIFICATIONS (continued) DIVISION TWELVE - FURNISHINGS This Division Not Used DIVISION THIRTEEN - SPECIAL CONSTRUCTION This Division Not Used DIVISION FOURTEEN - CONVEYING SYSTEMS This Division Not Used DIVISION FIFTEEN - PLUMBING Plumbing 15100 - 1 through 15100 - 1 DIVISION SIXTEEN - ELECTRICAL This Division Not Used INVITATION TO BID PROJECT: RESTROOM FACILITIES - SOUTHOLD TOWN BEACH COUNTY RTE. 48, SOUTHOLD, NEW YORK The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of New Restroom Facilities at the Southold Town Beach on County Rte. 48, in accordance with the Drawings & Specifications prepaired by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York. 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, April 2, 1992. All specifications are provided herein: drawings to be attached. 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. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not. Dated: MARCH 10, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk RESTROOM FACILITIES A - 1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accurdance with the "Proposal Form" provided. The bidders shall write in ink, both in words and numerials, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or.certified check in the amount of 5% of the total bid, 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 quantities will be held until 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 AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find 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 Architect who may issue a written instruction to all bidders. RESTROOM FACILITIES B - 1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of Contract will be made as soon as practicable. A Contract may be awarded to a responsible bidder other that the lowest money bidder, if it is in the best interests of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a Contract by successful bidder. The competency and responsibility of the bidder and his sub -contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard Form of Agreement Between Owner and Contractor (Stipulated Sum)". The Town will either award the project or reject all proposals received within fourty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his of her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, abscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond may be rejected, any proposal having interlineation, erasure or corrections may be rejected. RESTROOM FACILITIES B - 2 0 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 wirk within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract 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 with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of 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 thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLERE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the Norice to Proceed, given to him by the Town of Southold, shall complete the work within the calendar day limit as set forth by him in the Proposal, but not more than thirty (30) working days. RESTROOM FACILITIES B - 3 INDEX TO DRAWINGS CIVIL C/P 1 : • SITE PLAN - PLANING PLAN SANITARY SEPTIC SYSTEM PLAN & RELATED DETAILS ARCHITECTURAL A 1 PLANS, ELEVATIONS, DETAILS & NOTES RESTROOM FACILITIES C - 1 • PROPOSAL FORM 0 DATE: h1 R ( C- ( I f 9 �-- NAME OF BIDDER: e2 r , L2/4 I= ca 2 o %Z©S /N'G 2CLA'-pe N // 9'/q 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 JAN. 21, 1992 including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowled- gement 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 proposes and agrees .that if his proposal be accepted he will contract to furnish all materials not provided by the Town (see Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH & CONSTRUCT A ONE SOTORY CONCRETE BLOCK RESTROOM FACILITY. THE SIZE OF THE FACILITY SHALL BE 12' x 20' AND HAVE CCA TREATED WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 5 LEACHING POOLS. PATCH & REPAIR ALL PAVEMENT AND FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT: $IN. ACCORDA1110E'.=H_'.THE RESTROOM FACILITIES D - 1 CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITYIES WILL BECOMPLETED FOR THE STIPULATED "LUMP SUM" OF: _� A_ %/7 1 L. 4 (written ipf words) r.. (written n 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: %i! /} 2-M ( -6,12 RD IE PQS /N' G �)� � 46- iEtnf std. % 1 V y Telephone Number: Date: RESTROOM FACILITIES D - 2 0 • STATEMENT OF NON -COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and 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 own 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 competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. RESTROOM FACILITIES E - 1 R E S O L U T I O N Resolved that _11WZZ4r--(W2o %02-0S /M C- be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: PE5l` 2C0 ^1 rACIL. 17-1 6-5- 61 7 -5- 6"7 //al, L '7-OWAJ 75'6/9 C /-f s T-6 59- 7W0t.01, N� (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 �?C) day of /XV12 C ff , 19__ � (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 lL� RESTROOM FACILITIES E - 2 • NEW YORK STATE AF,=i°;:,;,i(':-= ; CTION CERTIFICTION (TO BE COMPLETED BY EACH, BIDDER) Bidder's Certifications: A bidder will not be eligible for awcrd of e contract under this Invitation For Bids unless such bidder hos submitted as a pert of its Eic the following certificciion, which v:ill be deemed c tart of the resulting contract: BIDDER'S Cc'TIFICATION (biccerj certifies that: 1. it intends to use the following listed construction trades in 'i:e v.ork under the contract Pk(/ R/A/C_ r17RPry7" Ry - /�/Vft-`/ and, 2. c. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Pert I of these Bid Conditions for participation in the Nassau -Suffolk County PIan it will comply with the said County*- area within the scope of coverage of that Plan, those trades being: /1,/I'e1I f and/or, 6. as to those trades for which it is required by these Bid Conditions to comply with Part 11 of these Bid Conditions, it adoots the minimus minority mcn- power utilization aoals and the specific affirmative action steps contained in said Part ll, for all construction work (both state cnd non -state) in the afore -mentioned area subject to these Bid Conditions, these trades beinc: and, 3, it will obtain from each of its subcontractorsand submit to the contracting or admin- istering agency prior to the awcrd of any subcontractor under this contract the sub- contractor certification required by these Bid Conditions. (Siena re of Aut, i -ed R�presen-.ative or Bidder) RESTROOM FACILITIES F - I THE AMERICAN INSTITUTE OF ARCHITECTS 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 Kincipal 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 day of 19 (Witness) (Witness) (Principal) (Seal) (Title) (Surety) (Seal) (Title) AIA DOCUMENT A310 • BID 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 prosecutloa. �► a OFFER OF SURETY (To be Completed by Each Bidder) In the eveni the above Proposal is accepted and the undersigned is ovecrded the C^.ntrgCt for the work, the undersigned offers as surety for faithful performance, bond end/or bonds to protect la::or and material men, the following surety: Svf2 F -i y_ G T SURETY CCMPANY Sicned (Bi r CERTIFICATE OF SURETY to be sinned 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 wort; is awarded T• to said,/' Z/iF(-t2a0 'EkO4 /NC. the ��yj7/!d/IJL�L. -S P6 -7- V (Bidder's Mame) (Surety will execute the Surety Bonds as herein Company) before provided. Signed: Author' d Official, t, or Attorney Do te:3 3 / % IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. RESTROOM FACILITIES T H E A M E R I C A0 N I N S T I T U T E AIA Document A201 0' O F A R C H I T E C T S General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976,01987 by The American Institute of Architects, 1715 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA° • v 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. A201-1987 1 VkT9_ Acceptance of Nonconforming Work ......... 9.6.6, 9.9.3, 12.3 Acceptance of Work ........... 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 Access to Work ........................... 3.16, 6.2.1, 12.1 Accident Prevention .............................. 4.2.3,10 Acts and Omissions ... 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.2, 4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Addenda ..................................... 1.1-1,3 11 Additional Cost, Claims for ......... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Additional Inspections and Testing ....... 4.2.6, 9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3.6, 4.3.8, 4.3.9, 8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3-3,4, 9.4, 9.5 Advertisement or Invitation to Bid ...................... 1.1.1 Aesthetic Effect ............................... 4.2.13, 4.5.1 Allowances ........................................ 3.8 All-risk Insurance ................................. 11.3.1.1 Applications for Payment .. 4.2.5, 7.3.7, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 11.1.3, 14.2.4 Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, 4?.7, 9.3.2, 11.3.1.4, 134.2, 13.5 Arbitration ..................... .i.1.4, 4.3.2. 4.3.4, 4.4.4, 4.5, 8.3.1,10.1.2,11.3.9, 11.3 10 Architect.......................................... 4.1 Architect, Definition of ............................... 4.1.1 Architect, Extent of Authoritv ........ 2.4, 3.12.6, 4.2, 4.3.2, 4.3.6, 4.4, 52, 6.3, 7.1.2, 7.2.1, 7.3.6, 7.4, 92, 9.3.1, 9.-1, 9.5. 9.6.3, 9.8.2, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5. t, 13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority and Responsibility . 3.3 3, 3.12.8, 1.12.1 1, -1.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4?.7, 4.2.1(1, 4.2.12, 4.2.13, 4.3.2, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architects Additional Services and Expenses .......... 2.4, 9.8.2, 11.3.1.1,12.2.1,12.2.4,13.5.2,13.5.3,14.2.4 Architect's Administration of the Contract .......... 4.2, 4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approvals 2.4, 3.5.1. 3.1(1 2, 3.12.6, 3.12.8, 3.18.3, 4.2.7 Architect's Authority to Reject Work .... 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright ................................. 1.3 Architect's Decisions.......... 4.2.6, 4.2.7, 4.2.11, 4.2.12,4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 142.4 Architect's Inspections ........... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Architect's Instructions .. 4.2.6, 4.2.7, 4.2.8, 4.3.7, 7.4.1, 12.1, 13.5.2 Architect's Interpretations ................. 4.2.11, 4.2.12, 4.3.7 Arc'hitect's On -Site Observations ........ 4.2.2, 4.2.5, 4.3.6, 9.4.2, 95.1, 9.10.1, 135 Arc'hitect's Project Representative 4.2.10 Architect's Relationship with Contractor ....... 1.1.2, 3.3.1, 3.2.2, 3.3.3, 35.1, 3.7.3, 3.11, 3.12.8, 3.12-11, 3.16, 3.18, -1.2.3, 4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Architect's Relationship with Subcontractors .... 1 .1.2, 4?.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3. - Architect's Representations ................. 9.4.2, 9.5.1. 9.10. 1 Architect's Site Visits ........ 4.2.2, -i?5, 4.2.9, 4.3.6, 9.12, 9.5. 1, 9.8.2,-9.9.2, 9.10.1, 13.5 Ashcstos.......................................... 10.1 Attornc\s'Fccs ........................ i. 18.1, 9.10.2, 10. 1. Award W Separate Contracts ........................... 0 -LI Award of Subcontracts and Other Contracts for Portions of the Work .............................. 5.2 Basic Definitions ................................... 1.1 Bidding Reyuirrmcnts ................ 1.1.1, 1 .1 J, 5.2.1, 11.+1 Boiler and Machinery Insurance ..................... 11.3.2 Bunds,LICn ................ ..................... 9.10.2 Bunds, Performance and Pavnu•nt ..... 7.36.4. 9.10.3, 11 .39, l 1.,1 Building Permit .................................... 3.7.1 Capitalization ....................................... 1.4 Certificate of Substantial Completion .................... 9.8.2 Certificates for Payment ....... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval ..... 3.12.11, 13.5.4 Certificates of Insurance .................. 9.32, 9.10.2, 11 1.3 Change Orders...... 1.1.1, 2.4.1, 3.8.2.4, 3.11, 42.8, 4.3.3, 5.2.3, 7.1, 7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2 Change Orders, Definition of .......................... 7.2.1 Changes........................................... 7.1 CHANGES IN THE WORK .... 3.11, 4.2.8, 7, 8.3.1, 9.3.1.1, 10.1.3 Claim, Definition of ................................. 4.3.1 Claims and Disputes ................ 4.3, 4A, 4.5, 6.2.5, 8.3.2, 9.3.1.2, 9.3.3, 9.10.4, 10.1.4 Claims and Timely Assertion of Claims ................ 4.5.6 Claims for Additional Cost ........ 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Claims for Additional Time ............ 4.3.6, 4.3.8, 4.3.9, 8.3.2 Claims for Concealed or Unknown Conditions ........... 4.3.6 Claims for Damages... 3.18, 4.3.9, 6.1.1, 6?.5, 8.32, 9.5.1.2, 10.1.4 Claims Subject to Arbitration ................. 4.3.2, 4.4.4, 4.5.1 CleaningUp ................................... 3.15,6.3 Commencement of Statutory Limitation Period .......... 13.7 Commencement of the Work, Conditions Relating to ....... 2.1.2, 22.1,3.2,1,1.2.2,3.7.1, 3.10.1, 3.12.6,4.3.7,5.2.1, 62.2, 8.1.2, 8.2.2, 9.2, 11-1.3, 11.3.6, 11.4.1 Commencement of the Work, Definition of ..... :.......... 8.1.2 Communications Facilitating Contract Administration ........................ 1.9.1, 4.2.4, 5.2.1 Completion, Conditions Relating to ....... 3.1 I, 3.15, 4.2.2, 4.2.9, 4.3.2, 9.+.2, 9.8, 9.9.1, 9.10, 11.359 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND ......................... 9 Completion, Substantial ......... -12.9, -1.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.2, 13.7 Compliance with Laws _ ..... 1.3, 3.6, 3J, 3.13, -1. I.1, 10.2.2, 11. 1, 1 1.3 , 13.1, 1 3.5 A , 13.5.2, 13.6 , 14.1.1, 14.2.1.3 Concealed or Unknown Conditions ..................... 4.3.6 Conditions of the Contract .................. 1.1.1, 1.1.7, 6.1.1 Consent, Written 1.3.1, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10,3,10.1.2, 10.1.3, 11.3.1, 11.3-1.4. 11.3.11, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4, 6 Construction Change Directive, Definition of .............. 7.3.1 Construction Change Directives .... 1.1.1, 4.2.8, 7.1, 7.3, 9.3.1 A Construction Schedules, Contractor's ............... 3.10, 6.1.3 Contingent Assignment of Subcontracts ................ 5.4 Continuing Contract Performance .. . ................. 4.3.4 Contract, Definition of ............................... 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7, 5.4.1.1.14 Contract Administration ..................... 3.3.3, -f, 9A, 9.5 Contract A\vard and Execution, (.UnCIItiOIIS Relating to ...... 3.7.1, 3. to, 5.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Contract Documents, The ... ......... 1.1, 1.2, 7 Contract Documcnts, topics Furnished and t'se of ... 1.3, 2.25, 5.3 Contact Documents, Definition ol................ 1.1.1 Contract Pcrtorntancc During Arbitration ............ 4.3.-4, -1.5.3 Contract Sum ....... ........... 3.8, 1.3x6, 4.3.7, 4.4.,+, S. 2.3, 6.1.3, 7.2, 7. 3, 9.1, 9. 7, 11.3.1, 1 2?.4, 12.3, 14.2.4 Contract Sum, Definition of ............................ 9.1 Contract Time 4.3.0, -+.3.8. f. 1.4, 7 '.I.3. 7.3, 82.1,8.3.1,9.7, 12.1.1 Contract Time, Definition of .......................... 8.1.1 AIA DOCUMENT A201 - GENERAL CONDITIONS OF THF. CONTRACT FOR CONSTRUCTION- F01'RTF.ENTII EDITION 2 A201-1987 AIA' - 1987 THF. AMERICAN INS7lTUTE OF ARCHITECl'S, 1735 NEW PORK AVENUE, N.1X'_ WAS11INGTON. D.C. 2(H)(Xi WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CONTRACTOR ....................................... 3 Contractor, Definition of ......................... 3.1, 6.1.2 Contractor's Bid .................................... I. I.1 Contractor's Construction Schedules ............. 3.10, 6.1.3 Contractor's Employees ....... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Contractor's Liability Insurance ....................... 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2.4, 6, 12.2.5 Contractor's Relationship with Subcontractors ....... 1.2.4, 3.3.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship with the Architect .... 1.1.2, 3.2.1, 3.2.2, 3.3.3,3.5.1,3.7.3,3.11,3.12.83.16,3.18,4.2.3,4.2.4,4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Contractor's Representations.. 1.2.2, 3.5.1, 3.12.7, 6.2.2, 82.1, 9.3.3 Contractor's Responsibility for Those Pcrtimning the Work ................. 3.3.2, 3.18, -4.2.3, 10 Contractor's Review of Contract Documents ...... 122, 3.2, 3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractor's Right to Terminate the Contract .............. 14.1 Contractor's Submittals ....... 3.10, 3.11, 3-12,4.2.7. 5.2.1, 5.2.3, 7.3.6, 9 2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1 2, 11.4 2, 11.4.3 Contractor's Superintendent ...................... 39, 10.2.6 Contractor's Supervision and Construction Procedures...... 1 2.4, 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Contractual Liability Insurance ................. 11.1.1.7, 11.2.1 Coordination and Correlation ............... 1.2.2, 1.2.4, 3.3.1, 3.10, 3.12.7, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications ... 1.3, 2.2.5, 3.11 Correction of Work ..................... 2.3, 2.4, 4.2.1, 9.8.2. 9.9.1, 12.1.2, 12.2, 13.7.1.3 Cost, Definition of ............................ 7.36, 14.35 Costs .... 2.4, 3.2.1, 3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1, 5.2.3, 6. l . I , 6.2.3, 6.3, 7.3.3.3, 7.3.6, 7.3.7, 9.7, 9.8.2, 9.102, 11.3-1.2 11.3.1.3, 11.3.4, 11.39, 12.1, 12.2.1, 12.2.4, 12.2.5, 13.5, 14 Cutting and Patching ........................... 3.14, 6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Damage to the Work ..... 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for .. 3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Damages for Delay .................... 6.1.1, 8.3.3, 9.5.1.6, 9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Date of Substantial Completion, Definition of .............. 8.1.3 Day, Definition of ................................... 8.1.4 Decisions of the Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6-3_7 3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification .......... 9.5, 9.7, 14.1.1.3 Defective or Noncontorming Work, Acceptance, Rejection and Correction of ............ 2.3, 2.4,3.5.1, 4.2.1, 4.2.6, 4.3.5, 9.5.2, 9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3 Defective Work, Definition of ......................... 3.5. 1 Definitions...... 1.1,2.1.1,3.1,3.5.1,3.12.1, 3.12.2,3.12.3,4.1.1, 4.3.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8.1, 9.1, 9.8.1 Delays and Extensions of Time .......... 4.3.1, 4.3.8.1, -4.3.8.2, 6.1.1, 6.2.3, -.2.1, 7.3.1, 7.3.4, 7.3.5, 7.3.8, -.3.9, 8.1.1, 8.3, 10.3.1, 14.1.1.4 Disputes 4. 1.4, 4.3, 4.4, 1.5, 6.2.5, 6.3, 7.3.8, 9.3.1.2 Documents and S:urnplcs at the Site ...................... 3. l 1 Drnvings, Definition of 1. 1 .5 Dr,nvungs and Spcoliications, Usc and Ownership of..... 1.1.1, 1.3, 2.2.5, 3.11, 5.3 Duty to Review Contract Documents and Field Conditions ..... 3.2 1:ftcctive Date of Insurance ........ ............. 8.2.2, l 1.1.2 Emergencies ................................. 4.3-7,10.3 Employees, Contractor's .......... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18.1, 3.18.2, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Equipment, Labor, Materials and .......... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2,3.12.3.3.12.7,3.12.11,313,3.15.1,4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 11 3, 12.2.4, 14 Execution and Progress of the Work ....... l .1.3, 1.2.3, 3.2. 3.4.1, 3.5.1, 4.2.2, 4.2.3, 4.3.4, 4.3.8, 6.2.2, 7.1.3, 7.3.9, 8.2, 8.3, 9.5, 9.9.1, 10.2, 14.2, 14.3 Execution, Correlation and Intent of the Contract Documents .......................... 1.2, 3.7.1 Extensions of Time ............. 4.3.1, 4.3.8, 7.2.1.3, 8.3, 10.3.1 Failure of Payment by Contractor .............. 9.5.1.3, 14.2.1.2 Failure of Payment by Owner ................ 4.3.7, 9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ........ 4.2.1, 4.2.9, -4-3.2, 4.3.5, 9.10, 11.2.2, 11.1.3, 11-3.5, 12.3.1, 13.7 Financial Arrangements, Owner's ....................... 2.2.1 Fire and Extended Coverage Insurance ................... 11.3 GENERAL PROVISIONS ................................ 1 Governing Law .................................... 13.1 Guarantees (See Warranty and %V'.Irrantics) Hazardous Materials ............................ 10.1, 10.2.4 Identilication otContract Documents ................... 12.1 Identification otSubcontractors and Suppliers ............. 5.2.1 Indemnification ....... 3.17. 3.18, 9.10.2, 10.1.4, 1 1.3.1.2, 11.3.7 Information and Services Required of the Owner..... 2.1.2, 2.2, 1.3.-11 6.1. i, 6.1.4, 0.2.6, 9.3.2, 9.6.1, 9.6 4, 9.8.3, 9.92, 9.10.3, IO.I. i, 11.2, 11.3, 13.5.1, 13-5.2 Injury or Damage to Person or Property ................ 4.3.9 Inspections ......................... 3.3.3. 3.3.4, 3.7.1. 4.2.2, -+.2.6, 4.2.9, -4.3(1, 9.-4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Instructions to Biddcrs ............................... 1.1.1 Instructions to the Contractor .... 3.8.1, -1. 2.8, 5 '.1, 7, 12.1. 13.5.2 Insurance ....... �+.3.9. 6.1.1, 3.6.4, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery .................... 11.3.2 Insurance, Contractor's Liability ...................... 11.1 Insurance, Effective Date of ..................... 822, 11.1.2 Insurance, Loss of Use ............................. 1 1.3.3 Insurance, Owner's Liability .......................... 11.2 Insurance, Property ........................... 10.2.5,11.3 Insurance, Stored Materials 9.32, 1 1 .3.1.4 INSURANCE AND BONDS ............................. 11 Insurance Companies, Consent to Partial Occupancy ..9.9.1, l 1.3.11 Insurance Companies, Settlement with ................. 1 1.3.10 Intent of the Contract Documents ................ 1.2.3, 3.12.4, 4.2.6, -1.2.7, 1. 2.12, 4. 2. 1 i, 7.4 Interest ........................................... 13.6 Interpretation ........ 1.2.5, 1.-1, 1.5, 1.1.1, 4.3.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written 4 2.11, 4.2.12, 4.3.7 Joinder and Consolidation of Claims Required ............. 45.6 Judgment on Final Award ................ .i.5.1, 4.5.4.1, 4.5.7 Labor and Materials, Equipment .... 1.1.3, 1.1.0, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 0.2.1, -.3.6, 9.3.2, 9.3.3, 12.2.4, 14 Lahorf)isPutcs..................................... 8.3.1 Lams and Rrgulations ....... 1.3, 3.6, i.7, 3.13. 4. 1. 1, 4.5.5, 4.5.7, 9.9.1,102.2,11.1, 11.3,13.1,13.-4, 13.5.1,13.5.2,13.6 Licns .................. 2.1 21 -1.3.2, 4.15.1 , 8.2.2, 9.3.3, 9. 10.2 Limitation on Consolidation or Joinder 4.5.5 Limitations, Statutes of ................. 4.i.4>, 12.2.6, 13.7 Limitations of Authorityy .................... 3.3.1, 4.1.2, 4.2.1, 4.2.3, -t.2.7, 4.2.10, 5.2.2, 5.2.4, 7.4, 11-3. 10 AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONS -1 IWCTION - FOURTEENTH EDITION AIA-'' - (c' 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 21NN)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 3 Limitations of Liability ..... 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.10.4, 10.1.4,10.2.5,11.1.2,11.2.1,11.3.7,13.4.2,135.2 Limitations of Time, General ........... 2.2.1, 2.2.4, 3.2.1, 3.7.3, 3.82, 3.10, 3.12.5, 3.15.1, 4.2.1, 4.2.7, 4.2.11, 4.3.2, 4.3.3, 4.3.4.4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4, 7.4, 8.2, 9.5, 9.6.2, 9.8, 9.9, 9.10, 11.1.3, 11.3.1, 11.3.2, 11.3.5, 11.3.6, 12.2.1, 12.2.2, 13.5, 13.7 Limitations of Time, Specific ......... 2.1.2, 2.2.1, 2.4, 3.10, 3.1 1, 3.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11-3.6, 11.3.10,11.3.11,12.2.2,12.2.4,12.2.6,13.7,1-+ Loss of Use Insurance ............................. 11.3.3 Material Suppliers .............. 1.3.1, 3.12.1, 4.2.4, 4.2.6, 5.2.1. 9.3.1, 9.3.1.2, 9.3.3, 9.4.2, 9.6.5, 9.10.4 Materials, Hazardous ........................... 10. 1, 10.2.4 Materials, Labor, Equipment and ..... I .1 .3, 1.1.6, 3.4, 3.5.1 , 3.8 2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 41.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 Means, Methods, Techniques, Sequences and Procedures of Construction .......... 3.3.1, 4.2.3, 4.2.7, 9.4.2 Minor Changes in the Work .......... 1.1.1, 4.2.8, 4.3.7, 7.1, 7.4 MISCELLANEOUS PROVISIONS ........................ 13 Moditications, Definition of ........................... 1.1.1 Modifications to the Contract ........... 1.1.1, 1. 12, 3.7.3, 3. 11, 4.1.2,41.1,5.2.3,7,8.3.1,9.7 Mutual Responsibility ................................ 6.2 Nonconforming Work, Acceptance of .................. 12.3 Nonconforming Work, Rejection and Correction of ........ 2.3.1, 4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3 Notice ............. 2.3, 2.4, 3.2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, 3.12.9, 3.17, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.21, 9.4.1, 9.5.1, 9.6.1, 9.7, 9. 10, 10.7.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14 Notice, Written ............... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Notice of Tcsting and Inspections ................ 13.5.1, 13.5.2 Notice to Proceed ................................... 8.2.2 Notices, Permits, Fees and ...... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Architect's On -Site ................. 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Observations, Contractor's ....................... 1.2.2, 3.2.2 Occupancy ......................... 9.6.6, 9.8.1, 9.9, 1 1.3.1 1 On -Site Inspections by the Architect 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1 On -Site Observations by the Architect ......... 4.2.2, 41.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Orders, Written 2.3, 3 9, 43.7, 7, 8.2.2, 11.3.9, 12. 1, 12.2, 13.5.2, 14.3.1 OWNER............................................. 2 Owner, Definition of ................................. 2.1 Owner, Information and Services Required of the ........ 2. l .2, 2.2, 1.3.4, 6, 9, 10.1.•1, 111, 11.3, 13.5 1, 14.1.1.5, 14.1.1 Owner's Authority ......... 3.8.1, •t.1.3, 41.9, 5.2.1, 5.2. t, 5.+.1, -.3.1, 8.2.2. 9.3.1, 9.3.2, 11.4.1, 12.2.-1, 1351. 14.2, 14.3.1 Owner's Financial Capability I .................. 21.1, 11.1.15 Owner's Liability Insurance .......................... 11.2 O%cner's L',ss of I'.SC Insurance ........................ 1 1 .3.3 t hcncr s RUlationship with Subcontractors ............... 1.1.2, 52.1, 5. i.1, 9.6. t Owner's Right to Carry Out the Work ........ 2.4, 12?. i, 14.2.2.2 Owner's Right to Clean Up ............................ 6.3 Owner's Right to Perform Construction and to Award Separate Contracts ......................... 6.1 Owner's Right to Stop the Work ................... 2.3, 4.3.7 Owner's Right to Suspend the Work ..................... 14.3 Owner's Right to Terminate the Contract ................. 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents ................ 1.1.1, 1.3, 2.2.5, 5.3 Partial Occupancy or Use ................. 9.6.6, 9.9, 11.3.11 Patching, Cutting and ....... .................. 3.14, 6.2.6 Patents, Royalties and .............................. 3.17 Payment, Applications for ................ 4.2.5, 9.2, 9.3, 9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 Payment, Certificates for ........... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of .......................... 4.3.7, 9.5.1.3, 9.7,9.10.2,14.1.1.3,14.2.1.2 Payment, Final ............ + 2. 1, -1.2.9. 4.3.2, 4.3.5, 9.10, 11.1.2, 11.1.3, 11.3.5, 12.3 .1 Payment Bond, Performance Bond and .............. 7.3.6.4. 9.10.1, 11.3.9, 11.4 Payments, Progress .......................... 4.3.4, 9.3, 9.6, 9.8.3. 9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION ...................... 9, 14 Payments to Subcontractors .................... 5.4.2, 95.1.3, 9.6 2, 9.6.3, 9.6.4, 11.3.8, 1-1.2.1.2 PCB.............................................. W.1 Performance Bond and Payment Bond ................. 7.3.6.4, 9.10.3, 11.3.9, 11.4 Permits, Fees and Notices ....... 2.2.3.3.7, 3 13. 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Poh chlorinated Biphenyl ............................. 10.1 Product Data, Definition of ........................... 3. 12.2 Product Data and Samples, Shop Drawings .... 3.1 1, 3.129 4.2.7 Progress and Completion ................... .+1.2, -1.3.4, 8.2 Progress Payments 4.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 141.3 Project, Definition of the ............................. 1.1.4 Project Manual, Definition of the ...................... 1.1.7 Project Manuals .................................... 2.2.5 Project Representatives ............................. +.2.10 Property Insurance ........................... 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ............ 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.5.5, 4.5.7,102.2,11.1,11.3, 13.1,13.4,13.5.1,13.51,13.6,14 Rejection of Work ..................... : ... 3.5.1, 4.2.6, 12.2 Releases of Waivers and Lints ......................... 9.10.2 Representations ......................... 1??, 3.5.1, 3.12.7, 0. 2.2, 8.2.1, 9.3.3, 9.42, 9.5.1, 9.81, 9.10.1 Representatives ............................ 2. L l , 3.1. t , 3.9, 4.1.1,41.1,4.2.10,5.1.1,5.1.2, 13.2.1 Resolution of Claims and Disputes .................. 4.4, 4.5 Responsibilitv for Those Performing the Work ............ 3.3.2, 4.2.3, 6.1.3, 62, 10 Retainage ............... 9.3.1,9.6.2,9.8.3,9.9.1,9.101,9.10.3 Review of Contract Documents and Field Conditions by Contractor ............ 11.2, 3.2, 3.7.3, 3.1 2.7 Revicw of Contractor's Snbmitt:llS by O wnerand Archilel( ............. 3.10.1, 3. 10L 2, 3.11, 3.12, -(1.7, 42.9, 5.2.1, 5.2 3, 91, 9.8.2 RcviUw of Shop Drawings, Product Data and Samplcs by Contractor ........................ 1. 12.5 Rights and Remedies ............. 1. 1. 2.3, 2. t, 3.5.1, 3.151, 4.2.6, 1.3.6,4.5,5.3,6.1,6.3,7.3.1,8.3.1,9.5.1,9.7, I0.2:5, 10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties and Patents ............. ................. 3.17 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CON~ I.RUCTION • FOURTEENTH EDITION 4 A201-1987 AIA` • U 1987 THF AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D. C. 2(XX)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. • Rules and Notices for Arbitration ..................... 4.5.2 Safety of Persons and Property ....................... 10.2 Safety Precautions and Programs ........... 4.2.3, +.2.7,10.1 Samples, Definition of .............................. 3.12.3 Samples, Shop Drawings, Product Data and ... 3.11, 3.12, -1.2.7 Samples at the Site, Documents and ................... 3.11 Schedule of Values ............................. 9.2, ).3.1 Schedules, Construction .............................. 3.10 Separate Contracts and Contractors .......... 1.1.4, 3.14.2, 4.2.-1, 4.5.5, 6, 11.3.7, 12.1.2, 12.2.5 Shop Drawings, Definition of ......................... 3.12.1 Shop Drawings, Product Data and Samples .... 3.11, 3.12, 4.2.7 Site, Use of .............................. 3.13, 6.1.1, 6.2.1 Site Inspections ... 1.2.2, 3.3.4, 4.2.2, 4.29, 4.3,6, 9.8.2, 9.10.1, 135 Site Visits, Architect's ................. 4.2.2, 4.2.5, 4. 29, 4.3.6, 9.4.2, 9.5.1, 9.8.3, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing .............. 4.2.6, 12.2.1, 135 Specifications, Definition of the ....................... 1.1.6 Specifications, The .......... 1.1.1, 1.1.6, 1.1.7, 1.2.4, 1.3, 3.1 l Statutes of Limitations .................... -1.5.4.2, 12.2.6, 13.7 Stopping the Work ............. 2.3, 4.3.', 9.?, 10.1.2, 10. 3, 14.1 Storcd Materials ........... 6.2.1, 9.3.2, 10.2.1.2, 1 1.3.1.4, 12.2.4 Subcontractor, Definition of ........................... 5.1. 1 SUBCONTRACTORS .................................. 5 Subcontractors, Work by .................. 1.2.4. 3.3.2, 3.12.1, 4.2.3, 5.3, 5.4 Subcontractual Relations .............. 5.3, 5.4, 9.3.1.2, 9.6.2, 9.6-3, 9.6.4, 10.2.1, 11.3.7, 11-3.8, 1-+.1.1, 141.1.2, 14 3.2 Submittals ......... 1.3, 3.2.3, 3.10, 3.11, 3.12, 4.2.7, 51.1, 5.2.3, 71.6,91,9.3.1,9.8.2,9.9.1,9.10.2,9.10.3, 10.1.2, 11,1.3 Subrogation, Waivers of ................. 6.1.1, 11.3.5,11.3.7 Substantial Completion ............. 41.9, 4.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of .................... 9.8.1 Sub.,titutiun of Subcontractors .................... 5.23, 5.2.4 Substitution of the Architect ............................ 4. 1 .3 Substitutions of Materials ............................. 3.5. l Sub -subcontractor, Definition of ....................... 5.1. 2 Subsurface Conditions ............................... 4.3.6 Successors and Assigns ............................ 13.2 Superintendent ............................... 3.9, 10.2.0 Supervision and Construction Procedures ...... 1.2.4, 3.3, 3. -4, 4.21, -1.3.4, 6.1.3, 6.2.4, 7.1.3, 71.4, 8.2, 8.3.1, 10, 12, t-1 Surety ............... 4.4.1, 4.4.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of ....................... X1.9.1, 9.10.2, 9.10. i Surveys ..................................... 2.2.2, 3.18.3 i Suspension by the Owner for Convenience ............. 14.3 Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspension or Termination of the Contract ...... 4.3.7, 5.4. l .1, 14 Taxes...................................... 3.6,7.3.6.4 Termination by the Contractor ........................ 14.1 Termination by the Owner for Cause ............. 5.4.1.1,14.2 Termination of the Architect 4.1.3 Termination of the Contractor ........................ 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Tests and Inspections ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2.1, 13.5 TIME............................................... 8 Time, Delays and Extensions of .............. 4.3.8, 7.2.1, 8.3 Time Limits, Specific ......... 2.1.2, 2.2.1, 2.4, 3.10, 3.11, 3.15.1, 4.2.1, -4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 715, 7.3.9, 8.2, 9.2, 9.3.1. 9.3.3, 9.4.1, 9.6.1, 9,7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 111.10, 11.3.11, 12.2.2, 12.2-4, 12.2.6, 13 .7, 14 Time Limits on Claims ......... 4.3.2, 4.3.3, -4.3.6, 41.9. -1.4, 4.5 Title to Work ................................. 9.3.2 9.3.3 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovering of Work ................................ 12.1 Unforeseen Conditions ..................... 4.3.6, 8.3.1, 10. I Unit Prices .................................. 7.1.4,'.3.3.2 Use of Documents ................. 1.1 . 1, 1.3, 2.2.5, 3.12.7, 5.3 Use of Site .............................. 3.13, 6. l .1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims: Final Payment ........... 4.3.5, 4.5.1, 9.10.3 W'ait'er of Claims by the Architect ...................... 13.4.2 W'ait'er of Claims by the Contractor......... '9.10.4, 11.37, 13.4.2 Waiver of Claims by the Owner .............. .03 5, 4.5.1, 9.9.3, 9.10.3,11.3.3,11.3.5,1137,13.4.2 Waiver of Liens .................................... 9.10.2 W"aiyers of Subrogation ................... 6.1.1, 11.3.S, 1 1.3.7 Warranty and Warranties ......................... 3.5, -+.2.9, 4.3.5.3. 9.3.3. 9.8.2. 9.9.1, 12.2.2, 13.7.1.3 Weather Delays ........... ....................... 4.3.8. 2 When Arbitration May Be Demanded .................. 4.5.4 Work, Definition of ................................. 1.1.3 Written Consent .............. 1.3. 1, 3.12.8, 1.14.2, 4.1.2, 4.3.4, 4.55, 91.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 10.1.3, 11.3.1, 11.3.1.-1. 11.3.11, 13.2, 13.4.2 Written Interpretations ....... ........... i.2. 1 1, -1.2.12, -4.3.7 Written Notice ........... 2.3, 2. I, 3.9, 3.12.8, 3.1 2.9, -4.3, 4.4.4, 4. 5, 5.2.1, 5. 3, 5.4.1.1, 8.2.2, 9.-t.1, 9.5.1, 9.', 9.1(), 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.-4, 13.3, 13.5.2, 1-4 Written Orders .............................. 21, 3.9, 41.7, 81.2,11.3.9,12.1.12.2,13.5.2,14.3.1 AIA DOCUMENT A201 • CENFRAI. CONDITIONS OF THE CONTRACT POR CONST RUCTION • FOL RTFF.NTH EDITION AIA' • '; 198- "1I IF AMERICAN INSTITt'-I'E OF ARCIIITECTS, 1'15 NF.\Y' YORK A\'ENt'E, N.Vi'., \C'ASHINGI ON, D.(:. 20u1N) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 5 4 -� GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub - subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings arc the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, sh—Ving the design, location and dimensions of the Work, gcnerally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications arc that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them arid will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They arc not to be used by the Contractor or any Subcontractor, Sub - Subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA • '�A987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(X)06 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Work without the specific written consent of the Owner a -td Architect. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shalt bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevitv the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as ''the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner'' means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER. 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's Obligations under the Contract. (Nutt-• Unless such recrsoncthle evuh, u'e uvere ftrrttishecl on request prior to lite execution u% the Agreement, the prospective coulrrtclur would not he required to eyecule lite Agreement or to commence the Work.1 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which arc the responsibility of the Contractor under the Contract Documents, the O�Nncr shall secure and pay for necessary approvals, casements, assess - 46 ments and charges required for construction, use Or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner %vith reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge. such copies of Drawings and Project Manuals is are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article I I (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work: which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the Cause for such order has been eliminated: however. the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entire-, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defataltS or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such dcCrualt or neglect with diligence and promptness, the On ner may after such seven-day period give the Contractor a second written notice to correct Such deficiencies within a second seven-day period. If the Contractor %X1111111 such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Ownc•r may hare, correct such deficiencies. In such case in appropriate Change Order shall be issued deducting; from p:nvments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are borh subject to prior approval of the Archi- tect. If payments then or thereafter clue the Contractor are not Sufficient to coyer Such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified AS such in (fie Agreement and is referred to throughout the Contract Documents as if Singular in numher. The term "Contractor„ means the Contractor or the Contractor's authorized representative. AIA DOCUMENT A201 • GENERAL CONDITIONS OF TIIE CONTRACT FOR CONST RI'CT'ION • FOURTEENTH EDITION AIA' • I9M7 THE .AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AyENI'F, N.W., WASHINGTON, 1).C.200(K) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 7 0 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- su:mt to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and Omissions of the Contractor's employees, Suhcontractors and their agents and employees, andother persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 t'nless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and ser -ices necessary fOr proper execution and conplction of the Work, whether temporary or permanent :Ind whether Or not incorpo- rated Or to r be incorporated in the Work. 3.4.2 the Contractor shall enforce strict discipline and good Order :Intong the Contractors employees and other persons r:arr ing Out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned 10 therm. • 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warrant\, excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer. use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations conclude(i, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 t'nless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which arc legally required .when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractors responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such ;amounts .Incl I)v such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against xvhich the Contractor makes reasonable objection. 3.8.2 Vnlcss otheryise provided in the Contract Documents: .1 materials and equipment under an all(nvance shall be selected promptly by the ()%yper to avoid delay in the Work: .2 allowances shall cover the cost to the Contractor Of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; AIA DOCUMENT A201 • GENERAL CONDII [ON, OF THE CONTRACT FOR CONSTRUCTION • 1:01 RTEENTH EDITION 8 A201-1987 AIA' • (C� 1987 TIIE AMERICAN INS 'III UTE OF ARCHITECTS, 1715 NEVI' YORK AVENUE, NNX'., VAS11IN(;TON. DC 2(NN)() WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cahle execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi- nated �yith the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall he delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 shop Dr:nvings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or ,vorknianship and establish standards by which the \)('ork will he judged. 3.12.4 shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. The purpose of their suh- mutal i; to demonstrate for those portions of the Work for • which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract DOCIInIemS. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in vyriting of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Saunples or similat subminals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct spccitic attention, in vvriting or on resuhmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to arras permitted by I:nv, ordinances, permits and the Contract Documents and shall not unrcasonahiv encumher the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible fir cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, latching or other- wise altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 - GENERAL CONIXI'IONS OF THE CONTRACT FOR CONSTRUCTION - FOURTF.FNTII EDITION AIA' - �, 198- THE A.'NFRICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(XM WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 9 0 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect is set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 in case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs -4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as clescribed in the Contract Documents, and will be the Owner's representative (1) cluring construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult Reith the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not he responsible for construction means, method~, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not he responsible for acts or omissions of the Con - AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 0 A201-1987 AIA ' • G 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20)06 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 other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such -.is Shop Dra,.wings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able prompmcss as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, ),vhilc allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise .specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspectiims to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the O vncr's review and records written warranties and related (IOCu111entS required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 It the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. if no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will he in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not he liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect -,vill be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim'' also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest Nvith the party making the Claim. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph -1.-1.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to Al such matters arising prior to the date final payment is due, regardless Of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not he a condition precedent to arbitration or litigation in the event (t) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 clays after the Claim is made, (4) 45 clays have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 clays after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not he considered unless submitted in a timely manner. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONST RUCTION • FOURTEENTH EDITION AIA` • , 199" THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2O(X)O A201-1987 11 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. if the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order fora minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be tiled in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for :iu increase in the Contract Tin[c, written notice as provided herein shall be given. The Contractor's Claim shall include :in estimate of cost and of probable effect of (relay on progress of the Work. In rile case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data -0 substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a suretv and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the aw:u'd rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to I upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT' FOR CONSTRUCTION • FOUR'ITENTH EDITION 12 A201-1987 AIA` • ,91987'I IIE AMERICAN INSTI'I't'TE OF ARCHITECTS, 1735 NEVI' YORK A%'ENl1E, N.W., XX'ASHINGT'ON, D.C. _'(KKK3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 clays' period shall result in the Architect's decision becoming final and binding upon the OR'ncr and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- cecciings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause -f.5..1.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicabic statute of limitations as determined pursuant to Paragraph 1,;.7. 4.5.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other rnanner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, it separate contrac- tor -.is described in Article 6 and other persons substantially involved in it common question of fact or law whose presence is rcquirccl if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor ora separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an :arbitration whose interest or responsibility is insubstantial. Consent to arhitration involving illi additional person or entity shall not constitute consent m arbitration of a dispute not described therein or with a person or entity not named or described therein. The fore- going agrcccment to arbitrate and other agreements to arbitrate With an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party tails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arhitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term ''Subcontractor'' does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract N-ith a Subcontractor to perform a portion of the Work at the site. The term ''Suh-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the hidding requirements, the Contractor, as soon ,is prac- tic.ible after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to it special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in lyriting stating whether or not the Owner or the Architect, atter due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with it proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to ),yhom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Ovyner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and .in appropriate Changc Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in suhmitting names as required. 5.2.4 The Contractor shall not change a Subcontractor. person Or entity previously selected if the Owner or Architect makes rcarsonablc objection to such change. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSFItt'CTION - FOURTEENTH EDITION AIA' - I'1M- THE A.'�IF.RICAN INSTITUTE OF ARCI II'I'ECTS, 1715 NEVI' YORK AVENGE, N.W., WASHINGTON. D.C. 21X106 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site tinder Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tion, Of the Project or other construction or operations on the ,site, the term "Contractor'' in the Contract Documents in each Case shall mean the Contractor who executes each separate Owncr-Contractor Agreement. E 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is tit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall he sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner :and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to he just. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 14 A201-1987 ALA' • s 1987 THE AMERICAN INSTITUTE OF ARctIITE(A S, 1735 NEVI' YORK AVENUE, N.W., WASHINGTON, D.C. 2(X)(K) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. E ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices TO quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a Nvritten instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: 1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis I.or :adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Tinic being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for :in adjusnncnt to the Contract Sum, the adjustment shall be based On One Of the 1OIIowing methods: 1 mutual acceptance. of a lump sum properly itemized and supported by sufficient sub.St:uitiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; • cost to be determined in a manner agreed upon by the parties and it mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, inchlCl- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. "fthe :unount of credit to be allowed by the Contrac- tor to the Owner fora deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allo,,vance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree 3vith the AdJUStInent in Contract Time or the nuthod for determining it, the adjustnent or rhe method shall be referred to the .Architect for dcterimm itiun. 7.3.9 W'hcn the (honer and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract SUM and Contract Tinte, or otherwise reach agrce- ment upon the adjustneuts, such agreement shall he effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT POR CONSTRUCTION • FOUR'I FENTII P.D11ION AIA' • ,c, 198- THE AMERICAN INST1TUl'E OF ARCIIITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 2(X)06 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 15 • 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall he effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized- adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for -,yhom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar clay unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for pertorming the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date Of insurance required by Article I l to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in dCIiVCrICS, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the O),vner pending arbitration, or by other causes ,vilich the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such rcasonahle time as the Architect man determine. 8.3.2 Chinas relating to time shall be male in accordance -\yith atpplicahlc provisions Of Paragraph 1.3 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for dcLry by either party under other provisions of the Contract Documents. • ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor S1111-11 submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracv as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance %yith the schedule of values. Such application shall be notarized, if required, And supported by such data substantiating the Contractors right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may Include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include reyuc�sts for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall he conditioned upon compliance by the Contractor with procedures satisfactory to the O),vner to establish the Owner's title to such materials and equipment or otherwise protect the O-,wncr's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor ,varrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that L11)011 submittal of an Application for Payment all Work for which Certificates for Paynteatt have been previously issued and pa ynicnis received from the Owner shall, to the best of the Contractors knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor Of the Contractor, Subcontractors, material suppliers, or other pei:sons or entities making a claim by reason of haying provided Ialbor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven (Lays after receipt of the Contractor's Application for Payment, either issue to the AIA DOCUMENT A201 - GENERAL CONDITIONS OF TI1E CONTRACT FOR CONSTRUCTION - fOUR1TENTH EDITION 16 A201-1987 AIA' - S 1987'I'iIE AMERICAN INSTn UTE OF.4RCHITEC-1 S, 1-35 NEMC YORK AVENUE, N.W., WASHINGTON. D.0 21a N1a Hi 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- tor, for such amount ars the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part is provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment mill not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, ('2) reviewed construction means, methods. techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to .tiuhstantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid On account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may %%ithhold a Certificate for Payment in whole or in part, to the extent rcasonahh• necessary to protect the Owner, if in the Architects Opinion the representations to the Owner required by tiLit) paragraph 9.•1.2 cannot he made. If the Architect is unable to a certify payment in the amount of the Application, the Architect ,gill notify the Contractor and Owner as provided in Suhparagcaph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Pavment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of suhscqucntly discovered evidence or subsequent observations, maty nullify the whole or a part Of a Certificate for Payment previously issued, to such extent as may he necessary in the Architect's opinion to protect the Owner from loss bCCa(1.9e Of: A defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 klilure of the Contractor to make payments prop- erty to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot he com- pleted for the unpaid h:11A11CC of the Contact Sunt; .5 d:amagc to the Owner or another contractor; .6 reasonahlc evidence that the Work will not he com- pleted within the Contract Time, and that the unpaid hAautce would not he adequate to cover actual ur liquidated damages for the ant icipmcd delay; ur .7 persistent failure to carry out the Work in accordance %% tilt the Contract Documents. E 9.5.2 Whcn the above rcaasons for vvithholding certification are removed, certification x% ill he matte for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certiticate for Pavment, the Owner shall make patyment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require, each Subcontractor to make payments to Sub -subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work, done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pav or to see to the payment of money to a Subcontractor except as may otherwise be required by laxv. 9.6.5 Payment to material suppliers shall he treated in a manner similar to that provided in Subparagraphs 9.6?, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no Mutt of the Contractor, within seven dans after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the (late established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the aurtount of the Contractor's reasonable costs of Shut CION,n, delay and start up, which shad be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Whcn the Contractor considers that the Work, or a por- tion thereof which the owner agrccs to accept separately, is substantiAly complete, the Contractor shall prepare and suhmit to the Architect a comprehensive list of items to he completed or corrected. The Contractor shall proceed promptly to com- plete atnd correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete :all Work in accordance 3yith the Contract DOCII- ments. I'pon receipt of the Contractor's list, the Architect will make an inspection to determine whether (tie Work or dcsig- AIA DOCUMENT A201 - GENI?RAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION AIA' - ' 198-1111: ASIERICAN INSTII't'I'F.OFARCIIITECTS, 1735 NEW YORK AVENt'F., N.VV., WASHING] ON, D.C. 20(XX) WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 17 • nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, rctlecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 1 1.3.1 1 and authorized by public authorities having jurisdiction over the Work. Such Partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect Ithe area to be Occupied or portion of.the Work to be used in order to determine and record the condition of the Work. 9.9.3 ['i less otherwise agreed upon, partial occupancy or use of a portion Or portions of the Work shall not constitute accep- tancc of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 ['poll receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make 0 such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, O consent of surety, if any, to final pavment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising Out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owncr against such lien. If such lien remains unsatisfied atter payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance clue for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and it bonds have been furnished, the written consent of surety to payment Of the balance CIUC for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification Of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not 3 constitute a waiver of claids. The making of final payment shall constitute a waiver of claims by the O),vncr as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, :1 Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time Of final Application for Payment. Such waivers shall he in addition to the waiver described in Subparagraph -+.35. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRA(:T FUR CONSTRUCTION - FOURTEENTH EDITION 18 A201-1987 AIA' - 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(HK)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety- precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected arca shall be resumed in the absence of asbestos or polychlori- nated hiphenyl (PCB). or when it has been rendered harmless, by ,,,ritten agreement of the Owner and Contractor, or in accordance xvith final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article -t. 10.1.3 The Contractor shall not be required pursuant to Article to perform without consent any Work relating to asbestos or polychlorinattcd biphcnvl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting I rom perfi>rnr,mce of the Work in the affected arca if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss Or expense is attributable to bodily injury, sickness, disease or dcauth, Or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly Or indirectly employed by the Owncr or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety Of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or oft' the site, under entre, custody or control of the Contractor or the Contractor's SUbCUnlractors or Sub -subcontrac- tors; and .3 other property at the site or adjacent thereto, such as teres, shnlhs, lawns, walks, pavements, roadways, su-tictures amd utilities not (Icsignated for rerno>val, relo- cation or wplaccntent in the course of construction. • 10.2.2 The Contractor shall give notices and comply with applicahlc laws, ordinances, rules, regulations and lawful orders Of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety arid protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When fru or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2. 1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a subcontractor, a Sub -subcontractor, or atnvone directly or indirectly employed by any of them, or by anyone for whose acts thcv may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for R hose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the (,ontrtctor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by_ the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies la-,vfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which maty arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone lilt whose acts arty ofthem man' )c liable: .1 Claims under ,vorkcrs' or workmen's compensation, clisability bcnelit ,ind other similar employee benefit acts which are applicable to the Work to be pci-formed; AIA DOCUMENT A201 • GENERAL CONDH IONs OF TtiE coNTRACT FOR CONS"110'CTION - FOURTEENTH EDITION AIA' • -, I` s- "I'IIF.. AM1II"RICAN INSTITUTE OFAR(:IiITECI'S, 17i5 NEW YORK AyENI'E, N.W., WASHINGTON, D.C. 2wo6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 19 0 .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by a.nother person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph 1 1.1 .1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made hasis, shall be maintained without interruption from state of commencement of the Work until (.late of final payment and termination of any coverage required to be main- Ctined after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be tiled v,-ith the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph I1.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at Icast 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages arc required to remain in force after final payment and are reason- ahly available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owncr shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owncr may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract DUCUI11CIlts. 11.3 PROPERTY INSURANCE 11.3.1 ['mess otherwise provided, the Owner shall purchase and mainunn, in a company or companies lanyfully authorized JO do business in [Ile jurisdiction in ovhich the Project is located, property insurance in the :unount of the initial Con- tract 'glnl Xs well als sttbscqucnt modifications thcrcto for the entire A Oik at the .trite on a replacement cost basis without vol- untary dc(iuctihlc,. Such property insurtncc shall he main- t:uncd, unl(,s othcnyise provided in the Contract Documents or othenyi,e agreed in writing by all pci-sons anti entities who arc h(AICH irks of ,uch insurance, until final payment has been nladc a, pn n ide(I in Paragraph 9.10 or until no person or entity • other than the Owner has an insurable interest in the property require([ by this Paragraph 11.3 to be covered, whichever is earlier. '['his insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false - work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not he required unless othcrwise proyidcd in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub - Subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the COntraC- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Ocyner shall bear all reason- able costs properly attributable [hereto. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum (tCduCtibICS above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such incre,sed or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. 11.3.2 Boiler and Machinery Insurance. '['tic Owner shall purchase and n)aintain boiler and machinery insurance required by the Contract Documents or by I:ny, which shall specifically cover such insured objects during installation and until final acceptanrc by the Owner, this insurance shall include interests of the O,yner, Contractor, Subcontractors and Sub - subcontractors in the Work, and the Owner and Contractor Shall be ntuned insureds. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's Option, 111:1\' purchase and maintain such insurance as will insure the Owner against loss of use of the O\yner's property due to fire or other h.tzards, however caused. The owner waives all rights of action against the Contractor for loss of use Of the owner's property, including ronSC(IL •ntial losses due to fire or other hazards howcvcr caused. 11.3.4 If the Contractor requests in writing that insurautce for risks other than those described herein or for other sped:[[ haz- ar(Is he includc(I in the property insurance policy, the O�yncr shall, if possible, include such insurance, and the cost thcrcot shall be charged to the Contractor by al?I)ropriate Change Order. AIA DOCUMENT A201 • (,ENERAI. COND[TION, of IIIE CONTRACT FOR (:ONSTR('CIION • EOI RTEEN'I'11 EDITION 20 A201-1987 AIA" • 198- "I HE AMERICAN INS'11IV" FE OE ARCIll FIA: I S, 1-35 NEV( YORK AyENVE, N.V ., WASHINGTON, 1) C. ?rmn(, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 1 1.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub -subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 1 1.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors . in similar manner. 11.3.9 II required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give hond tOr proper performance of the Owner's duties. The cost of required bonds shall be charged :against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If atter such loss no other special agreement is made, replacement of dani- aged property shall he covered by appropriate Change Order. 11.3.10 The Owner as f�dUCiary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection he made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insur.ulce company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to he a potential beneficiary of honds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered vyhich the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition Nvas caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment Of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conti>rm to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, inch1ling additional testing 211d inspec- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If', within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONS"I RUCTION - FOURTEENTH EDITION AIA" - C; 1987 THE ASIERICAN INSTTTU'TE OF ARCI11'I'ECTS, 1735 NF.W YORK AyENVE, N.W., W'ASHINGT'ON. D.C. 21KxX) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 21 for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.' shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work �yithin a reasonable time, the Owner may correct it in accor- dance %vtth Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owncr may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs Of such removal and storage within ten days after written notice, the Owner may upon ten additional days' 3yritten notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do riot cover costs which the Contractor should have horse, the Contract Sum shall he rudUced by the deficiency. If payments then Or thereafter duc the Contractor arc not sufficient to cover ~11(11 cunount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work,anti has no relationship to the time within which the obligation to comply ,.\-fill the Contract Documents may he sought to he enforced, nor to the time Nvithin which proceedings may he commenced to establish the Contractor's liahility 3vith respect to the Con- irtctor*s ohligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the O-,vncr prefers to accept Work 3vhich is not in :accordance with the requirements of file Contract Documents, the O%vncr may do so instead of requiring its removal :and cor- rection, in 3vhich case the Contra(t SUtTT will he reduced as appropriate :and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall he governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither parte to the Contract shall assign the Contract as if whole without written consent of the other. If either party attempts to make such an assignment without such consent, that part%, shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served it delivered in person to the individual ora memher Of the firm or entity or to an officer of the corporation for 3vhich it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by l.nv, 13.4.2 No :action or failure to :act by the Owner, Architect or Contractor shall constitute a waver of a right Or duty afforded them under the Contract, nor shall such action or failure to act constitute :approval of or acquiescence in a breach thereunder, except as stay be specifically :agreed in wvriting. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- m inces. rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time finless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals within independent test- ing laboratory or entity acceptable to the Oxvner, or with the appropriate puhlic authority, and shall hear all related costs of tests, inspections and appro\als. The Contractor shall give the Architect timely notice of 3vhen and where tests and inspec- tions are to he made so the Architect may observe such proce- dures. The ()\\-tier shall hear costs Of tests, inspections or approvals 3yhich do not become requirements until alter bids arc received or negotiations concluded. 13.5.2 If' ahc :Architect, Owner or puhlic authorities h:n ing jurisdiction determine that portions of the AWork require addi- tional testing, inspection or approval not included under Suh- Ixar:agaaph I i.i, 1, the Architect will, upon written authorization from the ( )caner, insu'uct the Contractor to make arr ngements liar such additional testing, inspection or approval by an entity acccptahle to the ( Avner, and the Connac'tor shall give timely nonce to the Architect of when and where tests and inspections are to be made SO the Architect may observe such procedures. AIA DOCUMENT A201 • GENERAL CONDITIONS OF TT IF c ONTRACr FOR CONSTRI'CT'ION • FOURTEENTH EDITION 22 A201-1987 AIA' • c,I9H-"IfIEAMER]CAN INSIITUTEOFARCHITHAS, 1"35NFAXYORK A%ENCE,N.W.,'XAS[ HN(,TON,1).C._00(K, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. LJ The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect Xyill do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall he made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to act Occur- ring suhscqucnt to the relevant date of Substantial Completion and prior to issuance of the final Ccrtifi- catc for Payment, any applicthle statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or I;tilures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any apt cahlc stanutc of limitations shall commence to run and any alleged cause of action shall be deemed to have accruccl ill any and all events not later than the elate of any act or failure to act by the Contractor puistiant to any warra niv provided under Paragraph 3.s, the date of any correction of the \Cork or failure to correct the \Cork by the Contractor under Partgrtph 1 _'. 2, or the date of actual commission of any other act or failure to perforin any duty or obligation by the Contractor u ()%% ncr, ,vhich(-ver occurs last. • ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 1-.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 dav_ s in any 365 -day period, whichever is less; or .5 the Owner has failed to furnish to the Centractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work cxccuted and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable ovenccad, profit and damages. 14.1.3 If the Work is stopped for a period of 60 clays through no .tet or fault of the Contractor ora Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor bCC LISe the Owner has persistently failed to fulfill the OXvner's ohligations under the Contract Documents with respect to matters impor- tant to the progress of the \Cork, the Contractor may, upon seven additional clays' written notice to the Owner and the Architect, terminate the Contract and recover from the O"ner as provided in Subparagraph 1-1.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supph• enough properly skilled iXorkers or proper materials; .2 fails to nuke paynwiit to Subcontractors for materials or labor in accordance with the r(.,pective agreements between the Contractor and the Subcontractor.: .3 persistently disreg.irds Lays, ordinances, or rules, rcg- ulttions or orders of ;t puhlic authonty haying; juris- diction; or .4 olherXyisc is guilty of suhstantial hl_CJCh of.t provision of the Contract Documents. 14.2.2 %\'hen any of the aboo. c reasons exist. the OXyncr, upon certification by the Architect that sufficient Cause exists to jus - AIA DOCUMENT A201 • GENERA I. C)NDFVIONS OF 'I'llE CONTRACT [:()I( CONSIRI'CTION • H)CRII`.F:NTH EDI HON AIA' • 1`X4' II IIi AA`IFRICAN INtill'rt'I'F: OF ARCI IIt ECTs, I'ii NENXt'l )RK AVENI'li, N.W., XX'AJHINGI ON, D.C. 200(g) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 24 A201-1987 AIA" • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEWYORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 3/87 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Changes ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall inslude all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations. (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual - including specified provision for the Contractor's obligations under Paragragh 4.18. (5) Owned, non -owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $100,000. .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 shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. RESTROOM FACILITIES H - 1 d. Property Damage Liability Insurance shall include Coverage fot the following hazards: C (collapse), U (underground) e. Contractual Liability (Hold Harmless Coverage): (1) Bodily Injury: $ 1,000,000 Each Occurance (2) Property Damage: $250,000 Each Occurance $250,000 Aggregate. f. Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate .3 Comperhensive Automobile Liability (owned, non -owned, hired): a. Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $250,000 Each Occurance ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION RESTROOM FACILITIES H - 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Contractor) (Here insert full name and address or legal title of surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ }, 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 (Here insert full name, address and description of project) 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of 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 IEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. • • PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this (Witness) (Witness) day of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. 19 Principal! ISc�b tTitle) (surety) IScall 1 Title) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 rEBRUARY 1970 ED. - THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. Z0006 2 WARNING: Unlicensed photocopying violates U.S. copyright 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 as Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Contractor) (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 (Here insert full name, address and description of project) 19 in accordance with Drawings and Specifications prepared by , entered into a contract with Owner for (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 O 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. LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this (Witness) (Wilnes%) day of accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified maili postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. 19 (Principal) iseali (Tille) (Surely) (Serb 9 _ (Title) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 8 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 17.15 N.Y. AVE., N.W., WASHINGTON, D. C. 2(100(; WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. • SEC i ION J FOR1.,', OF 14AINTENIANC_ ^vD KNOW ALL MEN BY THESE PRESENTS: • Tnzt We, (hereinafter called the Principal) as Princip:l ch- the c Corporat;on with on office and place o; business for the Siate of 1 -Jew York ct , Nev., Yorl•, (hereinafter tolled the Surety) as Surer/, are held end : im,ly ocund unto the (hereinafter ca ed the Obligee) as Obligee in the sum o; (S } DOLLARS, 1cwiul honey of the United States of Americo, for the payment v, ereof the Principal and Surety bind themselves, their successors and e<_sions, jointly and severally, firmly by these presents. for Sicned, sealed and dated this day of 14 .•_==A Vr,r, ,._r.S, the Principal heretofore en•ered into a %-.ritien contract with the Obligee sT WHEREAS, said Contract provides toot the Principal shall guarantee NOW, THEREFORE, the condition of this obligation is such, that if the above Prin- cipal shall indemnify the Obligee against loss by reason of his failure to make good at his own expense any defects or deficiencies.in materials or worlcmonship *Nvnicn may appear in the work under said contract with the p-eriod of year (s) from the date of acceptance of the work, then this oblicoi;on snal I Ee void; oferwise to remain in full force and effect. Principgl BY: BY: RESTROOM FACILITIES J — 1 SECTION K GENERAL RELEASE (To Be Submitted With Requisition For Final Payment) KNOW ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/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,extents, executions, claims and demands whatsoever in law and equity, which against the said (Owner/Contracting Agency) and JAMES A RICHTER, R.A. now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the const- ruction, in accordance with contract entered into between parties hereto, dated , ninteen hundred and ninty and any admittance or supplements thereto. IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporated seal to be hereto affixed and duly attested by its this day of 19 Attest: Principal: RESTROOM FACILITIES K - 1 PREVAILING WAGE RATES WAGE DETER—MINATION for RESTROOM FACILITIES at TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 ATTACHED TO THIS PAGE RESTROOM FACILITIES L - 1 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS LS ALBANY, NY 12240 Schedule Type -COMPLETE 98 Date 03/17/92 Refer to: PREVAILING RATE CASE NO. T/0 SOUTHOLD PRC 9201817 SUFFOLK COUNTY 01 to: JAMES MCMAHON Location and Type of Project TOWN HALL PROJECT ID #: NONE MAIN ROAD TOWN BEACH PROJECT REBUILD RESTROOM FACILITY SOUTHOLD NY 11971 AT TOWN BEACH T/0 SOUTHOLD In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW -16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. The attached rates are based on the latest information available to the Department of Labor, Bureau of Public Work. Care should be taken to review the rates for obvious errors. It is the responsiblility of the Public Work contractor to use the proper rate. Any corrections should be brought to the Department's attention immediately. This schedule is applicable only from July 1, 1991 through June 30, 1992, unless otherwise noted. If your project goes beyond the period covered by this determination, a new determination should be requested when this schedule expires. Note: A 1983 AMENDMENT TO SECTION 220 OF THE LABOR LAW REQUIRES THE PRESERVATION OF ORIGINAL OR TRANSCRIPTS OF PAYROLL RECORDS FOR THREE YEARS FROM THE DATE OF COMPLETION OF THE WORK IN THE AWARDED CONTRACT. Very truly yours, CHET RYSEDORPH, DIRECTOR NOTICE TO CONTRACTING AGENCIES : Upon cancellation or completion of this project, enter the necessary information and return this page to the ALBANY OFFICE of the BUREAU at the address listed below: PROJECT HAS BEEN Date Completed Date Cancelled Date Postponed Until Signatur Title Contracting Agency For Additional Information, contact the following District Offices: St.Off.Bldg.#12, Campus, Albany N.Y.12240 65 Court St.,Buffalo N.Y.14202 155 Main Street West, Rochester N.Y.14614 30 Wall St.,Binghamton N.Y.13901 175 Fulton Ave., Hempstead N.Y.11550 333 East Washington St.,Syracuse N.Y.13202 207 Genesee St., Utica N.Y.13501 30 Glenn St—White Plains N.Y.10603 PW -200 (6-85) docm: letterla 0 CONTRACT REQUIREMENTS Ia Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission appointed pursuant to law is a party and which may"'involve the employment of laborers, workers or mechanics, shall comply with the requirements of Article 8 (Sections 220-223) of the New York State Labor Law: No laborer, worker or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by. the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. (See Section 220.2) Each laborer, worker or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages as indicated on the wage schedule provided by the Department, Bureau of Public Work. The prevailing rate of wage shall be annually determined no later than thirty days prior to July first of each year. The prevailing rate of wage for the period commencing July first of such year through June thirtieth, inclusive, of the following year shall be the rate of wage set forth in collective bargaining agreements for the same period, including those increases for such period which are directly ascer- tainable from such collective bargaining agreements. (See Sections 220.3, 220.5) It shall be the duty of the department of jurisdiction to file with the fiscal officer, the classification of workers, mechanics and laborers to be employed on a public work project, together with a statement of the work to be performed by each classification. (See Section 220.3-a) The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of all wage rates and supplements to be paid or provided for the various classes of mechanics, workers or laborers. (See Section 220.3-a) No employee shall be deemed to be an apprentice unless individually registered in a program registered with the New York State Department of Labor. The allowable ratio of apprentices to journey -level workers in any craft classification shall not be greater than the ratio permitted to the contractor as to its work force on any job under the registered program. Any employee who is not registered as above, shall be paid or provided the prevailing wage and supplement rate for the journey -level classification of work actually performed. The contractor or sub- contractor will be required to furnish written evidence of registration of its program and apprentices as well as of the appropriate ratios and wage and supple- ment rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) (a) No contractor, subcontractor, nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. (See Section 220-e(a)) (b) No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex or national origin. (See Section 220- e(b)) NOTE: The Human Rights Law also prohibits discrimination in employment because of age, marital status or religion. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of fifty dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract. (See Section 220-e(c)) (d) The contract may be cancelled or terminated by the State or municipality, and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of the anti- discrimination sections of the contract. (See Section 220-e(d)) (a) All contractors or their subcontractors shall provide to their sub- contractors a copy of the prevailing wage rate schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8 of the Labor Law. (See Section 220-a) (b) All subcontractors engaged by a public improvement contractor or its subcontractor, upon receipt of the original schedule and any sub- sequently issued schedules, shall provide to such contractor or sub- contractor a verified statement attesting that the subcontractor has received the wage schedule and will pay or provide the applicable rate of wages and supplements specified therein. (See Section 220-a) PW -3 (12-88). ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK PROJECTS IN NEW YORK STATE V f INTRODUCTION: Below are the major provisions of the Labor Law covering workers on public work projects. HOURS: A laborer, worker or mechanic is permitted to work on a public work project no more than eight hours a day and no more than five days in a week, except in case of extraordinary emergency such as fire, flood or danger to life or property. You may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project. WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work project shalt be not less than those listed in the current prevailing rate schedule for the locality where the work is performed. If a prevailing rate schedule for the project has not been provided to the prime contractor by the department of jurisdiction (i.e.,the governmental entity awarding the public work contract), or to a subcontractor by the prime contractor, the applicable schedule must be obtained from the Department of Jurisdiction, who must make written application to the Bureau of Public Work, Labor Department, Building No. 12, State Office Building Campus, Albany, New York 12240. The prime contractor is responsible for any underpayments of prevailing wages or supplements by its subcontractors. PAYROLL RECORDS: Every contractor and subcontractor must keep originals or transcripts of payroll records, showing for each person employed on public work, the following: 1.Name, 2.Address and phone number, 3.Social Security number, 4.Occupational classifications in which worked, S,Hourly wage rate paid, 6.Supplements provided, T.Daily and weekly number of hours worked in each classification, B.Deductions made, 9. Actual wages paid. When payroll records are requested by the Commissioner each payroll record must be affirmed as true under the penalties of perjury which means a notarized signature to that effect. Such records must be kept on the site of the work when the contractor or subcontractor does not maintain a regular place of business in New York State and the amount of the contract exceeds $25,000. All other contractors and subcontractors must within five days after request produce at the work site the orignal payrolls or transcripts. The original payrolls or transcripts must be preserved for three years from the date of completion of the project. POSTING: The current prevailing rate schedule must be posted in a prominent and accessible place on the site of the public work project. PWt9 (9_88).:, (Continued) s 41, NOTICE of NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES ( • ) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. The annual determination of the prevailing rates of wages and supplements for workers employed on public work projects throughout the state will be published on May 31st of each year. These new rates will be in effect July 1st thru June 30th. This new determination will supersede the original schedule or any prior issued annual determination It is the responsibility of the contracting agency or its agent to provide all prevailing rate schedules to contractors immediately upon receipt. Any rate change from a previously issued determination becomes effective July 1st, regardless of whether the new determination has been received by the contractor. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates that additional adjustments become effective. PW -202 (5-90) docm: letterd VERIFYING THE REGISTRATION OF APPRENTICES Certain State and Federal Laws require that apprentices must be individually registered as such in order to be paid apprenticeship rates on Public Work. The New York State Labor Department is the official registration agency for apprentices in New York State. No other Federal or State Agency or office registers apprentices in New York State. Each year the apprentice training central office in Albany receives hundreds of requests from Federal and State Agencies, Contractors, and other interested parties requesting verification of individual apprentice registrations. The following information is provided in order to clarify New York State procedures. All registered apprentices in New York State are individually registered by name, address, social security number, starting date of training, and other related data. This information is computerized and is available ONLY through the Albany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, Job Service and Training Division, Building 12, Room 223, State Office Building Campus, Albany, New York 12240. All inquiries MUST include name and social security number and will be answered in writing. The response will indicate whether or not the individual is registered, and if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices outside Albany can provide conslusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any individual is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards or copies of state forms are not conclusive proof of the registration of any individual as an apprentice. PW - 203 (4-86) docm: letter2e PREVAILING RATE SCHEDULE ( )OOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 1 PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the interpretaation of particular requirements, for each classification of worker, contained in the attached Schedule of Prevailing Rates. Paid Holidays Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. Holiday Pay Holiday pay is the premium pay that is required for work performed on the holidays contained in the negotiated agreement used to establish a prevailing rate. Holiday pay is only applicable where an employee actually performs work on such days. The required rate of pay for covered holidays can be found in the Overtime Pay section listed for each classification. Not all of The holidays on which, if worked, a premium rate of pay is required are listed in the attached schedule. If you have any questions or need additional information concerning this requirement, please contact the Bureau of Public Work at the number listed below. Supplemental Benefits Particular attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some classifications require the payment or provision of supplements for each hour paid (this may include paid holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. Effective Dates When you review the schedule for a particular trade or occupation, your attention should be directed to the dates above the column(s) of rates. These are the dates that any adjustments become effective. However, if the last date listed in a particular occupation is prior to June 30 of the current year, the rate listed for that time period is valid until the new annual determination takes effect on July 1 of that year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements and, if the department of jurisdiction does not provide a copy of the current annual determination on or before July 1, you should contact the Bureau of Public Work for the correct information. Shift Differential Where listed, a shift differential requires additional or premium pay for all work performed after the first shift in each 24 hour period. If you have any questions concerning the attached schedule or would like additional information, please contact the BUREAU of PUBLIC WORK at (518) 457-5589 or write to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC WORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEW YORK 12240. (7/01/91) State of New York Department of Labor PREVAILING RATE SCHEDULE 0 )See NOTICE PAGE ATTACHED Case Number 9201817 SUFFOLK COUNTY Bureau of Public Work 9b-7/01/91 thru 6/30/92 Published -02/20%92 Page 2 OVERTIME Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the OVERTIME section. ( A ) Time and one half of the hourly rate after 7 hours per day. ( AA ) Time and one half of the hourly rate after 7 and one half hours per day. ( B ) Time and one half of the hourly rate after 8 hours per day. ( B1) Time and one half of the hourly rate for the 9th. 8 10th, hours Week days and the 1st. 8 hours on Saturday. Double the hourly rate for all additional hours. ( C ) Double the hourly rate after 7 hours per day. ( CC) Double the hourly rate after 7 and one half hours per day. ( C1) Double the hourly rate after 7 and one half hours per day. ( D ) Double the hourly rate after 8 hours per day. ( D1) Double the hourly rate after 9 hours per day. ( E ) Time and one half of the hourly rate on Saturday. ( E1) Time and one half 1St 4 hours on Saturday double the hourly rate all additional Saturday hours. ( E2) Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather. ( E3) Between Nov. 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that weekdue to inclement weather, provided a given employee has worked between 16 and 32 hours that week. ( E4) Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather ( F ) Time and one half of the hourly rate on Saturday and Sunday. ( G ) Time and one half of the hourly rate on Saturday and Holidays. ( H ) Time and one half of the hourly rate on Saturday, Sunday and Holidays. ( I ) Time and one half of the hourly rate on Sunday. ( J ) Time and one half of the hourly rate on Sunday and Holidays. ( K ) Time and one half of the hourly rate on Holidays. ( L ) Double the hourly rate on Saturday. ( M ) Double the hourly rate on Saturday and Sunday. ( N ) Double the hourly rate on Saturday and Holidays. ( 0 ) Double the hourly rate on Saturday, Sunday and Holidays. ( P ) Double the hourly rate on Sunday. ( 0 ) Double the hourly rate on Sunday and Holidays. ( R ) Double the hourly rate on Holidays. ( S ) Two and one half times the hourly rate for Holidays, if worked. ( T ) Triple the hourly rate for Holidays, if worked. ( U ) Four times the hourly rate for Holidays, if worked. ( V ) Incluing benefits at SAME PREMIUM as shown for overtime. ( W ) Time and one half for benefit on all overtime hours. NOTE: BENEFITS are PER HOUR WORKED, for each hour worked, unless otherwise noted Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally classified. 1 ) None. 2 ) Labor Day. 3 ) Memorial Day and Labor Day. 4 ) Memorial Day and July 4th. 5 ) Memorial Day, July 4th and Labor Day. 6 ) New Years Day, Thanksgiving Day and Christmas Day. 7 ) Lincoln's Birthday, Washington's Birthday and Veterans Day. 8 ) Good Friday. 9 ) Lincoln's Birthday. 10 ) Washington's Birthday. 11 ) Columbus Day. 12 ) Election Day. 13 ) Presidential Election Day. 14 ) 1/2 Day on Presidential Election Day. 15 ) Veteran's Day. 16 ) Day after Thanksgiving Day. 17 ) July 4th. 18 ) 1/2 Day before Christmas Day. 19 ) 1/2 Day before New Years Day. 20 ) Thanksgiving Day. 21 ) New Years Day. 22 ) Christmas Day. 23 ) Day before Christmas. 24 ) Day before New Years Day. 25 ) Presidents Day. 26 ) Martin Luther King, Jr. Day. (7/01/91) OVERTIME and HOLIDAY REQUIREMENTS L State of New York Department of Labor PREVAILING RATE SCHEDULE ( )S ATICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 3 ASBESTOS WORKER WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92 6/30/91 12/31/91 6/30/92 12/31/92 Asbestos Worker ............. $ 25.97 Additional Additional Additional OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL B NEF TS:(per hour worked) Health/welfare....... 3.19 1.00 1.25 1.50 Pension ............... 2.16 per per per Annuity ............... 5.25 hour hour hour Vacation .............. 3.05 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-12 WAGES(per hour) 6/01/90- 5/31/91 Asbestos Worker Removal & Abatement Only..... $ 21.66 OVERTIME PAY: See (B,E,O ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare ........ $ 2.00 Annuity ............... 2.20 Training .............. .50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-201nyc+ BOILERMAKER WAGES(per hour) 9/01/90- 9/01/91- 9/01/92- 8/31/91 8/31/92 8/31/93 Boilermaker.......... $ 27.30 28.50 30.00 OVERTIME PAY: New Work See ( C,0 ) on OVERTIME PAGE attached. OVERTIME PAY: Repair Work See (B4O) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 8,16,23,24) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd. 3rd. 4th. 5th. 6th. 7th. 8th. 60% 55% 70% 75% 80% 85% 90% 95% SUPPLEMENTALBENEFITS:(per hour worked) Health/welfare........$ 2.25 2.25 2.25 Pension ............... 16% 16% 17% Apprentice Training... .15 .15 15 Vacation .............. 12% 13% 15% Annuity ............... 15% 15% 15% Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-5 PREVAILING RATE SCHEDULE *' )See NOTICE PAGE ATTACHED , State of New York Case Number Bureau of Department of Labor 9201617 Public Work 9b-7/01/91 thru 6/30/92 Published -02/20792 SUFFOLK COUNTY Page 4 CARPENTER WAGES(per hour) 9/01/86- 8/30/87 Building: Draper ............... $ 14.26 OVERTIME PAY: See ( A, E, P, S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5,6,9,10,11,12) on HOLIDAY PAGE attached. SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 1.46 Pension ............... 6 % Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-44D WAGES(per hour) ------------------------------ 7/01/90- 7/01/91- 7/01/92- 5/30/91 6/30/92 6/30/93 Building: Millwright........... 21.79 22.79 23.79 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 55% 65% 75% 95% SUPPLEMENTALN F TS:(per hour worked) Health/Welfare....... 4.04 4.98 5.77 Pension ............... 3.09 3.09 3.09 Annuity ............... 4.87 4.94 5.00 Apprentice Training... .30 .35 .50 Scholarship........... .04 .04 .04 Vacation .............. 3.47 3.54 3.67 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-740 WAGES(per hour) ------------------------------ 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Piledriver........... 24.66 25.66 26.66 Dockbuilder.......... 24.66 25.66 26.66 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1456 State of New York Department of Labor Carpenter (cont) PREVAILING RATE SCHEDULE ( ) NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 5 AGES(per hour) 7/01/90- 7/01/91- 7/01/92 6/30/91 6/30/92 6/30/93 Marine Construction: Marine Diver ......... $ 29.49 30.77 32.05 " Tender.... 22.73 23.62 24.51 OVERTIME PAY: See ( D. 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1456/D ------------------------------ WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Timberman .........$ 22.82 23.72 24.62 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1536h ------------------------------ The following Supplemental Benefits apply to the preceding Carpenter categories and/or occupational titles unless otherwise noted. SUPPLEMENTAL BENEFITS:(per hour worked) for ALL Categories Except Apprentices Health/Welfare ..... ...$ 4.04 4.98 5.77 Pension ............... 3.09 3.09 3.09 Annuity ............... 1.85 1.90 2.00 Apprentice Training... .30 .35 .50 Vacation .............. 2.10 2.10 2.10 Scholarship.......... .04 .04 .04 SUPPLEMENTAL BENEFITS:(per hour worked) for Apprentices Health/Welfare ........ $ 4.04 4.98 5.77 Pension ............... 1.55 1.55 1.55 Annuity ............... .93 .95 1.00 Apprentice Training... .30 .35 .50 Vacation .............. 1.05 1.05 1.05 Scholarship........... .04 .04 .04 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-nyc/supp 0 State of New York Department of Labor PREVAILING RATE SCHEDULE 10)See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 6 Carpenter (cont.) WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Building: Carpenter............ $ 24.00 24.84 Additional 2.00 per hr Heavy/Highway: Carpenter............ $ 24.05 24.89 OVERTIME PAY: See ( A, G ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 55% 65% 80% SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 4.23.4.23 4.74.4.74 Pension ............... 2.2311.12 2.64.1.32 Apprentice Training... .28' .14 .36• .18 Vacation .............. 1.90• .95 1.90' .95 Annuity ............... 2.10.1.05 2.26.1.13 Scholarship Fund...... .01• .005 .011 .005 Listed supplements apply to ALL classifications ( )Yes ( x )No. (')1st 8 2nd term Appr. Benefits in second column, all others full benefits. 4-SUF ELEVATOR WAGES (per hour) 7/01/91- 7/01/92- 6/30/92 6/30/93 Elevator Constructor ... $ 26.58 27.77 " Helper over 600 hrs. 19.935 20.83 " up to 600 hrs. 13.29 13.885 Elev. (Modernization).. 23.21 24.21 " Helper over 600 hrs. 17.41 18.16 ` up to 600 hrs. 13.29 13.885 OVERTIME PAY:CONSTR.See ( C,M,T ) on OVERTIME PAGE attached. OVERTIME PAY:MODERN.See ( B,F,S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (5,6,7,11,12) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Construction Modernization Health/Welfare ........ $ 3.495.3.495 3.845.3.845 Pension ............... 2.09 •2.09 2.19 •2.19 Education............ .085• .085 .085• .085 Annuity -Construction.. 2.40 •2.40 2.65 •2.65 Annuity -Modernization. 2.25 •2.25 2.50 •2.50 Vacation .............. 4% 4% 4% 4% Listed supplements apply to ALL classifications ( )Yes ( x )No. (*)"Helper" supplements appear in second column. 8-1 GLAZIER WAGES(per hour) 7/01/90- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Glazier .............. $ 22.60 Additional Additional Additional OVERTIME PAY: See ( C, 0, V) on OVERTIMt PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare........$ 2.46 1.10 1.10 1.10 Pension ............... 1.56 per per per Apprentice Training... .13 hour hour hour Vacation .............. 2.50 Annuity ............... 5.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-1087 • State of New York Department of Labor PREVAILING RATE SCHEDULE ( )NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 7 ELECTRICIAN WAGES(per hour) 5/01/91- 5/01/92- 4/30/92 4/30/93 Electrician.......... $ 28.00 29.35 Audio/Sound.......... 28.00 29.35 Fire/Intruder Alarm.. 28.00 29.35 OVERTIME PAY: See Following Note' plus ( 0 ) on OVERTIME PAGE attached. Note': 8th, 9th & 10th hrs of wk weekdays to be paid at 1 1/2 times straight time rate PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: 1st yr Appr to other Apprentices to Journeymen (0-1-1) (1-1-1) (1-1-2) (1-1-3) (1-2-4) (2-2-4) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th, 6th. 30% 35% 40% 50% 60% 70% SUPPLEMENTAL' based on gross wages -others per hour) Health/welfare........$ 4.53'Note 5.09'Note Pension ............... 2.10'Note' 2.20'Note Suppl.Unemploy.Benefit .25' .25 .25' .25 Apprentice Training... .12' .12 .12' .12 Annuity .............. 3.22'Note 3.38'Note Benefit Fund.......... .84'Note .88'Note Vacation ............. 2.66'Note 2.79'Note Listed supplements apply to ALL classifications ( )Yes ( x )No. Apprentice suppplemebts appear in second column. Note- Appr Ben.- Term- 1st 2nd 3rd 4th 5th 6th H/W 91/92 2.18 2.35 2.51 2.85 3.19 3.52 92/93 2.63 2.80 2.98 3.33 3.68 4.04 Pen 91/92 .63 .74 .84 1.05 1.26 1.47 92/93 .66 .77 .88 1.10 1.32 1.54 Ann 91/92 .97 1.13 1.29 1.61 1.93 2.25 92/93 1.01 1.18 1.35 1.69 2.02 2.37 Ben 91/92 .25 .29 .34 .42 .50 .59 92/93 .26 .31 .35 .44 .53 .62 Vac 91/92 .80 .93 1.06 1.33 1.60 1.86 92/93 .84 .98 1.12 1.39 1.67 1.95 4-25 ----- T------------------------ State of New York Department of Labor PREVAILING RATE SCHEDULE (See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20%92 SUFFOLK COUNTY Page 8 ELECTRICIAN (cont) WAGES(per hour) 5/01/91- 5/01/92- 4/30/92 4/30/93 Lineman .............. $ 28.00 29.35 Technician........... 28.00 29.35 Heavy Equip. Oper.... 28.00 29.35 Truck Driver......... 28.00 29.35 Groundman............ 28.00 29.35 OVERTIME PAY: See Following Note* plus ( 0 ) on OVERTIME PAGE attached. Note': 8th, 9th & 10th hrs of wk weekdays to be paid at 1 1/2 times straight time rate PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: 1st yr Appr to other Apprentices to Journeymen (0-1-1) (1-1-1) (1-1-2) (1-1-3) (1-2-4) (2-2-4) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. let 2nd. 3rd. 4th. 5th. 6th. 30% 35% 40% 50% 60% 70% SUPPLEMENTAL BENEFITS:(percents based on gross wages -others per hour) Health/welfare 4.53•Note 5.09•Note Pension ............... 2.10'Note• 2.20•Note Suppl.Unemploy.Benefit .25• .25 .25' .25 Apprentice Training... .12• .12 .12' .12 Annuity .............. 3.22•Note 3.38•Note Benefit Fund.......... .84•Note .881Note Vacation ............. 2.66•Note 2.79•Note Listed supplements apply to A" classifications ( )Yes ( x )No. Apprentice suppplemebts appear in second column. Note- Appr Ben.- Term- 1st 2nd 3rd 4th 5th 6th H/W 91/92 2.18 2.35 2.51 2.85 3.19 3.52 92/93 2.63 2.80 2.98 3.33 3.68 4.04 Pen 91/92 .63 .74 .84 1.05 1.26 1.47 92/93 .66 .77 .88 1.10 1.32 1.54 Ann 91/92 .97 1.13 1.29 1.61 1.93 2.25 92/93 1.01 1.18 1.35 1.69 2.02 2.37 Ben 91/92 .25 .29 .34 .42 .50 .59 92/93 .26 .31 .35 .44 .53 .62 Vac 91/92 .80 .93 1.06 1.33 1.60 1.86 92/93 .84 .98 1.12 1.39 1.67 1.95 4-251ine ------------------------------ Applicable to electrical maintenance of existing electrical systems including, but not limited to, traffic signals and street lighting. WAGES(per hour) 5/01/91- 4/30/92 Electrician 21.76 OVERTIME PAY: See ( 8, G, P ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 2 - 2 ) ( 3 - 3 ) APPRENTICES: ( 1 ) year terms at the following Wage. 1st. 2nd. 3rd. 4th, 40% 50% 60% 80% SUPPLEMENTAL BEEF!! EE FITS:(percent on gross wages earned) Health/Welfare...... ..$ 9 1/2%+.75 Pension ............... 5 1/2% Annuity ............... 9% Vacation and Holidays.8 1/2% Appr. Training......... 1/2% Listed supplements apply to ALL classifications ( X )Yes ( )No 4-25m State of New York Department of Labor PREVAILING RATE SCHEDULE ( )SSOOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 9 TELEPHONE Rates below are for telephone work up to Point of Demarcation. Point of Demarcation is defined as the point of interconnection between customer provided equipment and telephone company provided facilities. WAGES(per hour) 8/07/88- / / Telephone System Technician/Cable Splicing Starting.......... 6.90 After 6 mos....... 7.59 " 12 mos....... 8.33 " 18 mos....... 9.18 24 mos....... 10.09 " 30 mos....... 11.08 " 36 mos....... 12.20 " 42 mos....... 13.40 " 48 mos....... 14.74 54 mos....... 16.20 60 mos....... 17.83 Cable Splicing Technician Helper Start ................. 6.08 After 6 mos.......... 6.68 12 mos.......... 7.33 18 mos.......... 8.06 " 24 mos.......... 8.85 " 30 mos.......... 9.74 " 36 mos.......... 10.71 42 mos.......... 11.78 " 48 mos.......... 12.94 Service Technician Starting.......... 6.90 After 6 mos....... 7.58 12 mos....... 8.33 18 mos....... 9.15 ` 24 mos....... 10.05 " 30 mos....... 11.05 " 36 mos....... 12.14 " 42 mos....... 13.35 " 48 mos....... 14.66 54 mos....... 16.13 " 60 mos....... 17.74 OVERTIME PAY: See ( ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( ) APPRENTICES: (None ) SUPPLEMENTALBENEFITS:(per hour worked) Health/welfare........$ 10.0% Pension ............... 1.8% Savings/Security...... 1.8% Income Protect Fund... .4Y Listed supplements apply to ALL classifications ( )Yes ( )No. nytele/ns 0 PREVAILING RATE SCHEDULE State of New York Department of Labor 0 )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201617 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 10 TELEPHONE(cont) Rates listed below are for installation of customer provided telephone equipment from point of demarcation. AW GES(per hour) 5/27/90- 5/26/91- 5/25/91 Telephone System Technician Starting.......... 6.88 7.03 After 6 mos....... 7.61 7.77 12 mos....... 8.40 8.58 " 18 mos....... 9.28 9.48 " 24 mos....... 10.26 10.48 " 30 mos....... 11.32 11.58 " 36 mos....... 12.51 12.80 42 mos....... 13.82 14.13 " 48 mos....... 15.27 15.61 " 54 mos....... 16.87 17.25 " 60 mos....... 18.63 19.06 Technician Asst. Start ................. 6.38 6.52 After 6 mos.......... 7.01 7.16 " 12 mos.......... 7.70 7.86 " 18 mos.......... 8.45 8.63 " 24 mos.......... 9.27 9.48 " 30 mos.......... 10.18 10.41 Senior Technician Starting.......... 6.88 7.03 After 6 mos....... 7.65 7.81 " 12 mos....... 8.48 8.67 " 18 mos....... 9.42 9.62 " 24 mos....... 10.46 10.68 " 30 mos....... 11.61 11.86 " 36 mos....... 12.88 13.17 " 42 mos....... 14.31 14.62 " 48 mos....... 15.88 16.23 " 54 mos....... 17.63 18.02 11 60 mos....... 19.57 20.00 Services Technician Start ................. 6.88 7.03 After 6 mos.......... 7.61 7.77 " 12 mos.......... 8.40 8.58 " 18 mos.......... 9.28 9.48 24 mos.......... 10.26 10.48 " 30 mos.......... 11.32 11.58 36 mos.......... 12.51 12.80 " 42 mos.......... 13.82 14.13 " 48 mos.......... 15.27 15.61 " 54 mos.......... 16.21 16.57 OVERTIME PAY: See (B,I,S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5,6,16 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare ........ $ 10%`Note 10%'Note Pension ............... 4.8%"Note 4.8%'Note Training .............. 4.5%'Note 4.5%Note Listed supplements apply to ALL classifications ( )Yes ( X )No. *Note- Listed Benefits are for Full Time 8 Part Time Employees working 25 or more hours per week. Other Part Time Employee benefits are as follows. 0-16 hrs.- H/W- 0; Pen.- 4.8%; Training- 4.5%. 17-24 hrs.- H/W- 5%; Pen. 4.8%; Training- 4.5% att/ + • State of New York Department of Labor PREVAILING RATE SCHEDULE ( )Sele*TICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 11 IRONWORKER 1/01/91- 7/01/91- 1/01/92- WAGE (per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 6/30/93 Structural........... $ 22.50 Additional Additional Additional Riggers .............. 22.50 1.20 1.20 2.45 Machinery Movers...... 22.50 per per per " Erectors.... 22.50 hour hour hour OVERTIME PAY: See ( B, E, O, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 4 ) ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. APPRENTICES: ( 1/2 ) year terms at the following wage. 4th. 5th. 6th. 15t. 2nd. 3rd. 4th. 5th. 6th. 60% 65% 70% 80% 85% 95% 12.09 12.69 12.69 13.30 13.30 13.30 SUPPLEMENTAL BENEF SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 3.90.3.90 3.64 Pension ............... 3.50'3.50 Pension ............... 3.19 Apprentice Training... .18' .18 Apprentice Training... Vacation .............. 5.85.3.70 Annuity ............... 5.00.2.50 3.50 Benefit Fund.......... 4.00.2.65 Annuity ............... 4.47 Listed supplements apply to ALL classifications ( )Yes ( x )No. Benefit Fund.......... (')Apprentice supplements appear in second column. ------------------------------ B-40/361 WA S(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Reinforcing.......... 22.95 Additional Additional OVERTIME PAY: See ( C, 0, 'V ) on OVERTIME PAGE attached. 'V applies to Annuity 8 Vacation Only. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 50% 75% 85% SUPPLEMENTAL BENEFI7S:(per hour worked) Health/Welfare........$ 3.81.3.81 1.90 2.05 Pension ............... 1.95'1.95 per per Apprentice Training... .08' .08 hour hour Vacation .............. 2.50' note Annuity ............... 4.25' note Scholarship Fund...... .04' .04 Listed supplements apply to ALL classifications ( )Yes ( x )No. (') Apprentice supplements appear in second column. note- Apprentice Annuity A Vacation paid at same % of listed benefit as wage 8 -46 ------------------------------ AG S(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 6/30/93 Ornamental........... 22.00 Additional Additional Additional Chain Link Fence..... 22.00 1.05 per hr 1.00 per hr 2.00 per hr OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 4 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th. 5th. 6th. 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEF S:(per hour worked) Health/Welfare....... 3.64 Pension ............... 3.19 Apprentice Training... .50 Vacation .............. 3.50 Annuity ............... 4.47 Benefit Fund.......... 1.10 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-580 PREVAILING RATE SCHEDULE** )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/2092 SUFFOLK COUNTY Page 12 LABORER and Concrete. WAGES(per hour) - 7/01/91- WAGES(per hour) 7/01/90- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Building Laborer: 20.32 Group # 3 ............. 17.87 18.73 All Classifications ... $ 19.30 Additional Additional Additional OVERTIME PAY: See ( A,E,O ) on OVERTIME PAGE attached. Health/Welfare........ $ 15% PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. 10% Vacation .............. SUPPLEMENTAL BENEFITS:(per hour worked) 1.00 Annuity ............... 2.50 Health/Welfare........$ 2.78 .80 .80 .80 Pension ............... 2.83 per per per Vacation .............. 1.05 hour hour hour Annuity ............... 1.00 Legal ................. .15 Training .............. 1.00 Safety Fund........... .05 Listed supplements apply to ALL classifications ------------------------------ ( x )Yes ( )No. 4-66 Laborer(Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. Group # 2: Asphalt Shovelers and Tampers. Group # 3: Basic Laborer, Power Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. WAGES(per hour) - 7/01/91- 7/01/92- 6/30/92 5/31/93 Heavy/Highway Laborer: Group # 1 .............$ 19.83 20.80 Group # 2 ............. 19.37 20.32 Group # 3 ............. 17.87 18.73 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (2,4,6,7,11,12,26) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........ $ 15% 15% Pension ............... 10% 10% Vacation .............. 1.00 1.00 Annuity ............... 2.50 3.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-1298 State of New York Department of Labor PREVAILING RATE SCHEDULE ( ) 040TICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 13 LATHER WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Lather (Wood Wire 8 Reinforcing)... 22.95 Additional Additional OVERTIME PAY: See ( C, 0, V' ) on OVERTIME PAGE attached. 'Annuity B Vacation Only PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 50% 75% 85% SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 3.81'3.81 1.90 2.05 Pension ............... 1.95'1.95 per per Apprentice Training... .08' .08 hour hour Vacation .............. 2.50` _ % Wage Annuity ............... 4.25' _ % wage Scholarship Fund...... .04' .04 Listed supplements apply to ALL classifications ( )Yes ( x )No. ' Apprentice supplements appear in second column. 8-46 0 State of New York Department of Labor PREVAILING RATE SCHEDULE Case Number Bureau of Public Work 9b-7/01/91 thru 6/30/92 Published -02/20/92 )See NOTICE PAGE ATTACHED 9201817 SUFFOLK COUNTY Page 14 MASON/TILE/TERRAZZO WAGES(per hour) 6/01/91- 5/31/92 Building: Bricklayer............ $ 26.54 OVERTIME PAY: See ( A, E, 0, W ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 6 ) APPRENTICES: ( 750 hours) terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th(500hr) 6th(500hr) 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 3.77.3.77 Pension ............... 3.31.3.31 Annuity ............... 3.25.1.70 Listed supplements apply to ALL classifications ( )Yes ( X )No. ( ' ) Apprentice Benefits appear in second column 8-NYDC WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Cement Mason.......... 24.72 Additional Additional OVERTIME PAY: See ( C, 0, V) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BE'EFITS:(per hour worked) Health/Welfare........$ 3.75 1.97 1.97 Pension ............... 2.82 per per Apprentice Training... .09 hour hour Annuity ............... 4.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. B-780 WAGES(per hour) 7/05/90- 1/01/91- 7/01/91- 7/01/92- 12/31/90 6/30/91 6/30/92 6/30/93 Building: Plasterer ............. 21.10 Additional Additional Additional OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( ) ( ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd 3rd. 4th. 5th. 6th. 40% 50% 60% 60% 80% 80% ,SUPPLEMENTAL DENEFITS:(per hour worked) Health/Welfare........$ 3.97•note 1.10 1.75 1.75 Annuity ............... 3.50•note per per per Apprentice Training... .01•note hour hour hour Vacation .............. 2.25•note Listed supplements apply to ALL classifications ( )Yes ( X )No. (') Apprentice supplements appear in second column. note: Apprentices receive same % of supplements as wage. 8-852 State of New York Department of Labor " ' PREVAILING RATE SCHEDULE Case Number 9201817 SUFFOLK COUNTY ( )NOTICE PAGE ATTACHED Bureau of Public Work 9b-7/01/91 thru 6/30/92 Published -02/20/92 Page 15 Mason (cont) WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Building: Mosaic & Terrazzo Worker.. 24.69 Additional Additional Additional " Helper.. 23.38 1.00 per hr 1.00 per hr 1.00 per hr. OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL FITS:(per hour worked) Ft Health/Welfare........$ 3.30 Pension ............... 4.85 Supp.Unemploy.Benefit. 1.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-3 WAGES(per hour) 4/29/91- 10/28/91- 4/27/92- 4/28/93- 10/27/91 4/26/92 4/27/93 4/27/94 Building: Tile Setter........... 24.16 24.91 Additional Additional OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTALBENEFITS!(per hour worked) Health/Welfare.......$ 3.68 - 3.68 1.75 2.00 Pension ............... 3.00 3.00 per per Vacation .............. 1.63 1.63 hour hour Annuity ............... 2.35 2.35 Listed supplements apply to g" classifications ( x )Yes ( )No. 8-52 WA S(per hour) 6/03/91- 12/02/91- 5/04/92- 5/03/93- 12/01/91 5/03/92 5/02/93 5/02/94 Building: Tile Layer Helper & Finisher ....... $ 20.95 21.45 22.45 23.70 OVERTIME PAY: See ( A. 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 2.68 2.93 3.18 3.43 Pension ............... 1.50 1.50 1.50 1.50 Annuity ............... 3.50 3.50 3.50 3.50 Vacation .............. 1.69 1.69 1.69 1.69 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-88 0 PREVAILING RATE SCHEDULE 10)See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20192 SUFFOLK COUNTY " Page 16 Mason (cont.) WA S(per hour) 7/01/89- 6/30/90 Cutting Cleaner(Mason) $ 20.83 Sandblasting(Mason)... 26.39 Pointer, Cleaner,& Caulker(Mason). 20.83 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd, 3rd. 55% 70% 85% SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 2.70'2.70 Pension ............... 3.13.3.13 Benefit Fund.......... 3.55•Note Education Fund......... .30• .30 Annuity ............... 2.25•Note Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Apprentice supplements appear in second column. *Note; Benefit Fund - 1st. yr. 1.95 ; 2nd. yr. 2.48; 3rd. yr. 3.02 Annuity Fund - 1.245; 1.57; 1.91 4-66w WAGES(per hour) 1/01/86- 6/30/86 Stone Mason........... $ 21.50 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 2.75 Pension - -- Annuity ............... 3.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-33 WA S(per hour) 1/01/87- 6/30/87 Stone Setter.......... $ 20.86 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 6th. 7th. 8th. 50% 55% 60% 65% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........ $ 1.75 Pension ............... 2.00 Security Benefit...... .60 Apprentice Training... .10 Vacation .............. 2.00 Annuity ............... 4.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-84 0 State of New York Department of Labor PREVAILING RATE SCHEDULE ( )*NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 17 Mason (cont..) WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Derrickman/Rigger.... $ 25.00 Additional Additional Additional 1.33 per hr 1.33 per hr 1.33 per hr OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 50% 60% 70% 80% 90% 90% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare.,......$ 2.74 Pension ............... 3.35 Apprentice Training... .10 Vacation .............. 3.50 Annuity ............... 5.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-197 WAGES(per hour) 1/01/91- 6/30/91 Building: Marble Sawyer, Rubber & Polisher........... 25.08 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL LIENEFITS:(per hour worked) Health/Welfare........$ .96 Pension ............... 1.58 Supp.Unemploy.Benefit. .25 Vacation .............. 3.25 Annuity ............... 4.68 Listed supplements apply to Ate, classifications ( x )Yes ( )No. 8-24 WAGES(per hour) 1/01/91- 6/30/91 Building: Marble Cutters 8 Setters ............. 26.43 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(pr hour worked) Health/Welfare........$ 1.45 Pension ............... 1.68 Supp.Unemploy.Benefit. .40 Annuity .............. 5.69 International Pension. .40 Vacation .............. 3.75 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-4 0 State of New York Department of Labor PREVAILING RATE SCHEDULE )See NOTICE PAGE ATTACHED Case Number Bureau of Public (Mork 9201817 9b-7/01/91 thru6/30/92 Published -02/20192 SUFFOLK COUNTY Page 18 Mason (cont...) WAGES(per hour) 1/01/91- 6/30/91 Marble Finishers...... $ 20.02 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 1.70 Pension ............... 1.68 International Pension. .75 Supp.Unemploy.Benefit. 1.59 Vacation .............. 3.55 Annuity ............... 5.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. B-20 PAINTER WAGES(per hour) 10/01/90- 9/30/91 Steel : ' Steel, Bridge.... 27.50 ' Spray............ 29.50 ' Sandblasting..... 29.50 ' Power Tool....... 29.50 OVERTIME PAY: See ( C,F,R ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 50% 65% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 17 % Pension ................ 2.00 Apprentice Training.., 1/2 % Vacation .............. 6 % Annuity ............... 11 % Listed supplements apply to ALL classifications ------------------------------ ( x )Yes ( )No. 8-806 WAGES(per hour) 2/01/91- 8/01/91- 2/01/92- 7/31/91 1/31/92 7/31/92 Drywall Taper......... $ 24.78 25.52 26.29 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 15.5% 15.5% 15.5% Pension ............... 3.0% - 3.0% 3.0% Vacation .............. 9.0% 9.0% 9.0% Annuity ............... 10.0% 10.0% 10.0% Listed supplements apply to ALL classifications ( x )Yes ------------------------------ ( )No. B-1974 PREVAILING RATE SCHEDULE ( )SOIGOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 t 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 19 Painter (cont) WAGES(per hour) 4/01/91- 3/31/92 Brush .................. 23.88 Structural Steel....... 28.84 Spray, Scaffold........ 26.35 Sandblasting........... 28.84 OVERTIME PAY: See ( D. 0, ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1/2 ) year terms at the following rates. 1St. 2nd. 3rd. 4th. 5th. 6th. Brush 11.30 11.30 16.01 17.41 19.11 21.18 Br./St./SB 12.29 12.29 16.67 17.95 20.51 23.08 Spr./Scaff. 12.41 12.41 17.62 18.78 21.09 23.41 SUPPLEMENTAL SENEFITS:(per hour worked) Health/welfare ........ $ 3.98'3.54 Pension ............... 2.00.2.00 Apprentice Training... .50' .50 Annuity ............... 3.00.2.29 Suppl Emp Ben......... .50' .50 Safety & Health....... .50' .50 Listed supplements apply to ALL classifications ( )Yes ( x )No. (')1st yr Rate is, H/W=2.89, Pen=1.07, AppTrg=.23, SUB=.20 (') Other Apprentice Supplements appear in second column. 4-1486 WAGES(per hour) 4/01/90- 3/31/91 Paper Hanger........... 23.38 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd, 4th. 5th. 6th. 50% 60% 65% 70% 80% 90% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.09'Appr % of 3.09 Pension ............... 2.05' " % of 2.05 Annuity ............... 2.82'Appr % of 2.82 Suppl Emp Ben/Appr Trng. Safety & Health....... 1.17'Appr % of 1.17 Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Apprentice Supplements appear in second column. 4-1486 0 State of New York Department of Labor PREVAILING RATE SCHEDULE 9 )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 20 PLUMBER WAGES(per hour) 7/01/91- 1/01/92- 12/31/91 6/30/92 Plumber .............. $ 27.85 28.55 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following wage. 1st. 2nd. 3rd. 4th. 5th. 12.53 13.93 18.10 19.50 20.89 for 7/01/91 to 12/31/91 12.85 14.28 18.56 19.99 21.42 for 1/01/92 to 6/30/92 SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.19'note 3.44'note Pension ............... 5.951note 5.95'note Apprentice Training... .241note .24'note Vacation .............. 1.30'note 1.301note Security Benefit..... 1.00'note 1.006note Listed supplements apply to ALL classifications ( )Yes ( x )No. (•)Note -Apprentice supplements appear below. 7/91 to12/91 -1st yr H/W-2.04; PEN -3.68; Appr-.14; Vac -.75; Sec -.53 2nd yr " 2.04; 3.71; .15; .80; .53 3rd yr 2.04; 3.23; .16; .86; .53 4th yr 2.04; 3.76; .16; .93; " .53 5th yr 1 2.04; " 3.79; .17; .98; .53 1/92 to 6/92 -1st yr H/W-2.19; PEN -3.68; Appr-.14; Vac -.75; Sec .53 2nd yr 2.19; 3.71; " .15; .80; .53 3rd yr 2.19; 3.73; " .16; -.86; .53 4th yr 2.19; 3.76; .16; .93; .53 5th yr 2.19; 3.79; .17; .98; .53 4-775 State of New York Department of Labor PREVAILING RATE SCHEDULE Case Number Bureau of Public Work 9b-7/01/91 thru 6/30/92 Published -02/20/92 ( ' )SIROTICE PAGE ATTACHED 9201817 SUFFOLK COUNTY Page 21 STEAMFITTER/SPRINKLER FITTER WAGES(per hour) 11/26/90- 6/26/91- 1/01/92- 7/01/92- 6/25/91 12/31/91 6/30/92 12/29/92 Steam Fitter.......... $ 27.30 Additional Additional Additional Sprinkler Fitter...... 27.30 1.00 per hr 1.00 per hr 1.50 per hr OVERTIME PAY: See ( C,O,V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATI01 Apprentice(s) to Journeymen ( 1 - 3 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 3.85'= % Pension ............... 2.75'= % Security Fund......... 3.20'= % Training Fund......... .24'.24 Vacation .............. 3.00•= % Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Apprentice supplements appear in second column. 8-638s/s ROOFER WAGES(per hour) 10/01/90- 10/01/91- 10/01/92- 4/01/93- 9/30/91 9/30/92 3/31/93 9/30/93 Roofer ............... $ 21.34 Additional Additional Additional Waterproofer........... 21.34 1.00 per hr 1.05 per hr 1.05 per hr OVERTIME PAY: See ( A. E, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 6 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th. 5th. 6th. 50% 55% 60% 65% 70% 75% SUPPLEMENTAL NEF TS:(per hour worked) Health/Welfare....... .4.39'Term % Pension ............... 3.00' " Apprentice Training... .03' .03 Vacation .............. 3.00'Term % Annuity ............... 1.86' " Listed supplements apply to ALL classifications ( )Yes ( X )No. *Apprentice supplements appear in second column 4-154 SHEETMETAL WORKER WAGES(per hour) 2/01/90- 8/01/90- 2/01/91- 8/01/91- 7/31/90 1/31/91 7/31/91 1/31/92 Sheetmetal Worker.... $ 25.32 additional Additional Additional OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-1)(1-4) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1St. 2nd. 3rd. 4th. 5th. 6th. 7th. 8th. 7.60 8.87 10.13 11.40 12.66 16.46 17.73 20.26 SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 2.752'note 1.00 75 .75 Pension ............... 3.05 •3.05 per per per Suppl.Unemploy.Benefit .16 ' .04 hour hour hour Vacation .............. 2.451'note Annuity ............... 3.00 'note Education Fund........ .27 ' .27 Benefit Fund......... 1.11 'note Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Apprentice supplements appear in second column. H/W-term/amt.-1st-.70; 2nd -.90; 3rd -1.22; 4th -1.48; 5th -1.87; 6th thru 8th -2.752 Vac-term/amt.-1st-.74;2nd-.88;3rd-.98;4th-I.10;5th-1.23;6th-1.265;7th-1.62;Bth-1.98 Ann.-term/amt.-1st-.23;2nd-.30;3rd-.35;4th-.41;5th-.41;6th-.41;7th-.645;8th-1.475 Ben-term/amt.- 1st-.34;2nd-.39;3rd-.45;4th-.50;5th-.56;6th-.73;7th-.78;Bth-.89 8-28 0 State of New York Department of Labor Is PREVAILING RATE SCHEDULE )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20%92 SUFFOLK COUNTY Page 22 WELDER Welder To be paid the rate of the mechanic performing the work. TEAMSTER Truck Driver(Building and Heavy/Highway): , GROUP 1: Chauffeur and Excavation. GROUP 2: Euclid and Turnapull type trucks. AW GES(per hour) 7/01/89- 6/30/90 Truck Driver (Building and Heavy/Highway): Group 1 .............. 18.235 Group 2 .............. 18.705 OVERTIME PAY: See ( B, E, P, T ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 3.51 Pension ............... 3.10 Annuity ............... 4.5525 Listed supplements apply to ALL classifications ( X )Yes ( )No. 4-282nsh SIGN ERECTOR AG S(per hour) 7/01/89- 7/01/90- 7/01/91- 6/30/90 6/30/91 6/30/92 Sign Erector......... $ 20.70 21.30 22.05 OVERTIME PAY: See ( A, E, P, T ) on OVERTIME PAGE attached. PAID HOLIDAY: See( 5,6,10,11,12,16 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 4 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd. 3rd 4th. 5th 6th. 7th. 8th. 9th 10th 35% 40% 45% 50% 55% 60% 65% 70% 75% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 9 % `Note 11 % "Note 13 % 'Note Pension......... 2.58 •1.38 2.83 '1.63 3.08 •1.88 Apprentice Training... .13 •.13 .14 '.14 .15 •.15 Vacation .............. 8 % 'Note 8 % 'Note 8 % *Note Annuity ............... 18.00day 'Note 21.00day'Note 24.00day•Note Scholarship Fund...... .01 1.01 .01 •.01 .01 1.01 Listed supplements apply to ALL classifications ( )Yes ( x )No. ' Appr. Supp. appear in second column. *Note- H/W -1st. & 2nd. yr..75 per hr; after 2yrs. full Journeyman % Ann. -1st. & 2nd yr 0 ,3rd yr 2.00 per day, 4th yr. 4.00 per day, 5th yr. 6.00 per day. Vac. -1st. & 2nd. yr. 2%; 3rd. yr. 4%; 4th. & 5th. yr. 6% 8-137 PREVAILING RATE SCHEDULE ( JROTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 23 HIGHWAY STRIPER AW GES(per hour) 4/01/91- 4/01/92- 4/01/93- 3/31/92 3/31/93 3/31/94 Painter(Striping-Highway etc.): Striping -Machine Oper.$ 16.27 16.92 17.57 " Helper......... 14.49 15.14 15.79 Linerman.............. 16.79 17.44 18.09 OVERTIME PAY: See ( B,E,P,S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,8,10,11,12,15,16 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 13 % 13 % 13% Pension ............... 4 % 4 % 4% Vacation .............. 7 % 7 % 7% National Pension...... .50 .50 .50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-230 TREE TRIMMER WAGES(per hour) 10/1/85- 9/30/86 Tree Trimmer: Trimmer -T 7 (start)... $ 7.75 " -T 6 after 6 mo. 8.32 " -T 5 " 12 mo. 8.54 -T 4 18 mo. 8.93 -T 3 24 mo. 9.70 -T 2 " 30 mo. 10.14 " -T 1 36 mo. 11.56 Driver,Groundsman...... 9.53 OVERTIME PAY: See ( B. E, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (5,6,7,8,11,12,18,19)) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (per hour worked) Health/welfare........ $ Contr.Provide H. & W. + $10,000 Life Ins. Annuity ............... .35 Holidays.......... .. (12 paid). Vacation - after 15 mo./l week. -after 30 mo./2 weeks. -after 10yrs/3 weeeks. - pro -rated if less than 1700 hrs.in prior year. Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-1049t State of New York Department of Labor PREVAILING RATE SCHEDULE to)See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/192 SUFFOLK COUNTY Page 24 SURVEY CREW AW GES:(per hour) 8/01/90- 7/01/91 7/01/92- 6/30/91 6/30/92 6/30/93 Survey Rates -Building: Party Chief......... 22.31. Additional Additional 2.09 per hr 2.09 per hr Instrument Man...... 19.24 Additional Additional 1.68 per hr 1.68 per hr Rodman/Chainman..... 12.67 Additional Additional 1.31 per hr 1.31 per hr OVERTIME PAY: See ( A,E,O ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Health/Welfare........ 2.40 Pension ............... 2.15 Apprentice Training... .20 Vacation .............. 1.00 Annuity ............... 4.50 Listed supplements apply to ALL classifications --------------------- ( x )Yes - -------- ( )No. 8-15Db AG S:(per hour) 8/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Survey Rates-Heavy/Hiway: Party Chief......... 22.20 Additional Additional 2.22 per hr 1.84 per hr Instrument Man...... 18.91 Additional Additional 1.77 per hr 1.67 per hr Rodman/Chainman..... 17.00 Additional Additional 1.65 per hr 1.56 per hr OVERTIME PAY: See (B,E,O ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Health/Welfare........2.40 Pension ............... 2.15 Apprentice Training... .20 Vacation .............. 1.00 Annuity ............... 4.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-15D-N/S URVEY CREW - CONSULTINGENGINEER Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a consulting engineer agreement. AW GES:(per hour) 8/01/88- 7/01/89- 7/01/90- 6/30/89 6/30/90 6/30/91 Survey Rates: Party Chief......... 18.01 18.61 19.01 Instrument Man...... 15.18 15.78 16.18 Rodman/Chainman..... 12.43 13.03 13.43 OVERTIME PAY: See ( B,E,G ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Health/Welfare........1.35 1.60 1.85 Pension ............... 1.00 1.10 1.20 Apprentice Training... .05 .05 .05 Suppl Unempl. Benefit .05 .05 .05 Vacation .............. .72 .72 .72 Annuity ............... 1.25 1.50 2.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-15Dc State of New York Department of Labor PREVAILING RATE SCHEDULE ( ) MOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 25 DRILLING A� GES(per hour) 10/17/89- 10/17/90- 10/16/90 10/16/91 Core Drilling: Driller............ $ 17.205 17.985 " Helper.......... 15.445 16.225 OVERTIME PAY: See ( B, E, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5, 6 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare.........$ 2.41 2.60 Pension ............... 3.09 3.09 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-1536 ------------------------------ AW GES(per hour) 8/01/86- 8/01/87- 8/01/88 - 7/31/87 7/31/86 7/31/89 Well Driller: " Driller ......... $ 16.40 Additional Additional ° Helper..... 14.40 1.00 1.00 OVERTIME PAY: See (B,E,P ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 9 % to be to be Pension ............... 2.75 allocated allocated Annuity Fund.......... 1.50 later. later. Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-138well n State of New York Department of Labor PREVAILING RATE SCHEDULE I* )See NOTICE PAGE ATTACHED Case Number 9201817 SUFFOLK COUNTY Bureau of Public Work 9b-7/01/91 thru 6/30/92 PublisHed -02/20!92,, Page 26 POWER EQUIPMENT OPERATOR WAGES(per hour) 7/01/91 - Building: 6/30/92 Hoist(Multiple Platform) 25.65 Lead Engineer 24.255 Hoist(Tandem Platform 24.03 Tower Crane(Engineer) 23.61 SideBoom Tractor(Used in tank work) 23.315 Scoop, Carry -all, Scraper in tandem 23.23 Boom Trucks or Cranes (used for stone setting or structural steel) 23.18 CMI or Maxim Spreader, Concrete Spreader, Derrick, Sideboom Tractor 23.155 Tank Work 23.08 Hoist, 2 Drum, Hoist, 3 Drum 23.03 Backhoe,Dragline, Gradall, Pile Driver, Shovel 23.055 Elevator, Fork Lift, Hoist, 1 Drum 22.98 Batching Plant(on site of job), Power Winch(used for stone or steel), Power Winch (Truck Mounted -used for stone or steel), Pump, Concrete 22.955 Dredge 22.93 Roller, Trench Machine 22.855 Welding Machine, Structural Steel 22.83 Boom Truck, Crane, Crawler or Truck, Conveyor(Multi), Plant Engineer, Stone Spreader (Self -Propelled) 22.805 Asphalt Spreader 22.78 Fork Lift(Walk Behind, Power Operated) 22.77 Compressor(Structura Steel) 22.755 Boiler, Bulldozer, Compressor(on Crane), Compressor(Pile Work), Compressor(stone setting), Concrete Breaker, Conveyor, Generator -Pile Work, Loading Machine(Front End), Maintenance Engineer,Powerhouse, Power Winch(used for other than stone or steel), Power Winch, Truck Mounted(used for other than stone or steel, Pulvi-Mixer,Pump(Dble Action Diaphragm), Pumps(Gypsum, Hydraulic, Jet, Single Action- 1 to 3, and Well Point), Welding and Burning, Welding Machine (Pile Work) 22.605 Curb Machine(Asphalt or Concrete), Curing Machine, Pump(Submersible), Maintenance Man 22.55 Grader 22.38 Compressor, Compressor(2 or more in battery), Generator, Mulch Machine, Pin Puller, Portable Heaters, Pump(4 inches or over), Track Tamper(2 Engineers,Each), Welding Machine 22.355 Stiping Machine 22.28 Bulldozer(used for excavation), Fireman, Loading Machine, Powerbroom, Vac -All 22.23 Concrete Saw or Cutter, Mixer(with Skip), Mixer(2 Small with or without Skip), Pump(Up to 3 inches),Tractor,Craterpillar or Wheel, 21.855 Scoop(Carry-All Scraper) 22.23 Hydra Hammer, Ridge Cutter 21.77 Bending Machine, Dinky Locomotive, Generator(Small), Vibrator(1 to 5), 21.605 Power Buggies 21.48 Stump Chipper and Oiler 21.255 Mechanical Compactor(Hand Operated), Trench Machine(Hand) 21.23 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare....... $ 5.32 Pension .............. 2.75 Apprentice Training.. .45 Annuity .............. 4.00.Overtime Rate for of hours Suppl. Unempl........ .75 Legal ................ .25 Listed supplements apply to ALL classifications ( )Yes ( )No. 4-138b ------------------------------ State of New York Department of Labor PREVAILING RATE SCHEDULE Case Number Bureau of Public Work 9b-7/01/91 thru 6/30/92 Published -02/20/92 ( • )NOTICE PAGE ATTACHED 9201817 SUFFOLK COUNTY Page 27 Operating Engineer (cont) ' WAG S(per hour) 7/01/91- 6/30/92 HEAVY / HIGHWAY: Scoop(Carry-A1l,Scraper in Tandem), Tower Crane(Engineer), 23.535 Backhoe, Crane(Stone Setting)_ Crane(Structural Steel), Dragline, Gradall, Pile Driver, Road Paver, Shovel 23.28 Batching Plant(on site of job), Crane(on Barge), Sideboom Tractor(used in tank work), Tank Work 23.135 Hoist(3 Drum), Power Winch(Truck Mounted -used for stone or steel), Power Winch(used for stone setting and/or structural steel),Trench Machine 23.125 Asphalt Spreader,Boom Truck,Boring Machine(other than Post Holes), CMI or Maxim Spreader, Crane(Crawler or Truck), Concrete Spreader, Conveyor, Multi, Plant Engineer, Sideboom Tractor,Stone Spreader(self propelled) 22.91 Boring Machine, Post Holes 22.85 Compressor(Stone Setting),Compressor(Structural Steel), Welding Machine(structural steel) 22.795 Dredge 22.745 Work Boat 22.735 Compressor(on Crane), Compressor(Pile Work), Generator -Pile Work, Hoist,2 Drum, Loading Machine(Front-End), Powerhouse, Power Winch(Truck Mounted -used for other than stone or steel),Power Winch(other than stone or struct.steel),Welding Machine,Pile Work 22.635 Mechanical Compactor, Machine Drawn, Roller(over 5 Ton) 22.45 Boiler 22.41 Pump, Concrete 22.37 Compressor(2 or more in battery 22.33 Grader 22.315 Bulldozer, Concrete Finishing Machine, Conveyor,Curb Machine,Asphalt or Concrete, Curing Machine, Dinky Locomotive, Fireman, Fork Lift, Hoist,l Drum, LoadingMachine, Maintenance Machine,Pulvi-Mixer, Pump(4 inches or over), Pumps(Hydraulic, ,Jet, Submersible and Well Point), Roller(5 ton and under), Scoop,Carry-All,Scraper, Maintenance Man, Vac -All, Welding 8 Burning 22. 17 Generator 22.02 Portable Heaters 22.275 Compressor, Mulch Machine, Pin Puller, Pump(Double Action Diaphragm),Pump-Gypsum, Pump(Single Action 1 to 3), Striping Machine, Welding Machine 21.725 Powerbroom 21.15 Concrete Saw or Cutter, Fork Lift,Walk Behind,Power Operated, Hydra Hammer, Mixer(with Skip), Mixer(2 Small with or withour Skip), Power Buggies, Power Grinders, Concrete Breaker, Ridge Cutter 21.01 Vibrator(1 to 5) 20.805 Oiler, Root Cutter, Stump Chipper, Oiler, Track Tamper(2 Engineers,Each), Deck Hand 20.70 Generator(Small) 20.695 Bending Machine, Pump, Centrifugal(up to 3 inches), Trench Machine(hand) 20.66 Tractor,Caterpillar or Wheel 20.485 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 5.32 Pension ............... 2.75 Apprentice Training... .45 Annuity ............... 4.00' Overtime Rate for 0. T. hours. Suppl. Unemp........... .75 Legal ............. .25 Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-138h State of New York Department of Labor PREVAILING RATE SCHEDULE (*)See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published-02/20i`e2,, SUFFOLK COUNTY Page 28 MARINE CONSTRUCTION 10/01/88- 10/01/89- 10/01/90- WAGES(per hour) 10/01/88- 10/01/89- 10/01/90- Drill Boat: 9/30/89 9/30/90 9/30/91 Hydraulic Dredge: 19.13 19.87 20.42 Leverman 18.00 18.85 19.53 Engineer 17.48 18.15 18.65 Maint.Engineer 17.23 17.89 18.39 Derrick Oper. 17.48 18.15 18.65 Chief Mate on Dredge 17.23 17.89 18.39 Mate 16.14 16.76 17.23 DeckHand 14.24 14.65 14.93 Oiler 14.75 15.18 15.47 Fireman 14.75 15.18 15.47 Shoreman 14.24 14.65 14.93 Boat Captain 16.26 ------------------------- 16.89 17.36 Tug Boats: Tug Master 16.98 17.63 18.12 Tug Captain 16.26 16.89 17.36 Tug Chief Engineer 16.56 17.20 17.68 Tug Engineer 16.26 16.89 17.36 Tug Deckhand 14.41 ------------------------- 14.83 15.11 Dipper and Clamshell Dredges: Operator 18.31 19.17 19.86 Engineer 17.83 18.52 19.03 Maint.Engineer 17.23 17.89 18.39 Mate 16.14 16.76 17.23 Deckhand 14.41 14.83 15.11 Oiler 14.75 15.18 15.47 Boat Master 16.98 17.64 18.13 Boat Captain 16.26 ------------------------- 16.89 17.36 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. The following SUPPEMENTAL BENEFITS apply to all to ALL classifications of the above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. SUPPLEMENTAL BENEFITS:(per hour worked.) Health/Welfare ........ $ 1.56 1.56 1.56 Pension ............... 1.03 1.03 1.03 Vacation .............. 8 % 8% 8% 4-25a WA S(per hour) 10/01/88- 10/01/89- 10/01/90- 9/30/89 9/30/90 9/30/91 Drill Boat: Engineer 19.13 19.87 20.42 Blaster 19.33 20.07 20.63 Driller/Welder/Machinist 19.14 19.88 20.43 Oiler 18.13 18.66 19.01 Helper 18.13 18.66 19.01 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (per hour, worked) Health/Welfare........$ 1.56 1.56 1.56 Pension ............... 1.03 1.03 1.03 Vacation .............. 8 % 8 % 8% Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-25/3 OCCUPATIONS APPLICABLE TO BUILDING and HEAVY/HIGHWAY SCHEDULES STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK .f * STATE OFFICE BUILDING CAMPUS r• ALBANY, N.Y. 12240 TWO or, MORE WILLFUL DETERMINATIONS 02/25/92 Page 1 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK Under Article 8 of the Labor Law, if within any six year period two final determinations are rendered against an employer finding that they have wilfully violated the prevailing wage law, they are debarred, that is, they are ineligible to submit a bid on, be awarded, or participate as a contractor or subcontractor on any public work contract let by the State, any municipal corporation, or public body for a period of five years from the date of debarment. Below is a list of the employers who have been debarred. CONTRACTOR Number Date Date Fiscal Barred of of 1st of Last Officer Until Determ's Wilful Wilful Csee Note:) Hydro -Fab Corporation ( 2 J 3/13/87 3/25/87 DOL 3/25/92 416 Stanley Avenue. Brooklyn,NY 11207 Greece Asphalt Company,Inc. C 2 ) 1/16/87 3/30/87 DOL 3/30/92 78 Bennington Drive, Rochester, N.Y. 14616 J. W. Duffus Contracting, Inc. C 2 ) 8/7/86 5/8/87 DOL 5/8/92 Associated Safety Lighting,Inc. C 2 ) 11/25/86 10/05/87 DOL 10/05/92 2788 Mohawk Street, Sauquoit, N.Y. Esquire Wire & Fence CO.,Inc. ( 3 ) 06/27/84 4/15/88 DOL 4/15/93 1033 Route 1, Avenel, N. J. 07001 J & B Bilac Contractors,Inc. C 2 ) 10/30/87 10/30/87 NYC 10/30/92 L & M Company, A Div.of Nieto Roofing Contractors,Inc. ( 3 ) 05/05/87 09/13/89 DOL 9/13/94 501 Willett Ave—Port Chester,NY 10573 J. L. Bailey, d/b/a Castile Hardware a/k/a Castile Hardware, Plumb. & Hgt. C 2 ) 05/07/87 05/16/89 DOL 5/16/94 1 East Park Road, Castile, NY 14427 Premier Restoration & Supply Company, Inc. a/k/a Premier Restoration & Supply, Inc. and C 2 ) 09/17/86 04/13/89 DOL 4/13/94 178 Front Ave., West Haven, Conn. 06516 Great South Beach Marine Construction, a/k/a Great South Beach Marine Construction, Inc. C 2 ) 01/27/88 06/15/89 DOL 6/15/94 70 Browns River Road, Sayville, New York 11782 STATE OF NEW YORK ' DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N.V. 12240 TWO or MORE WILLFUL DETERMINATIONS 02/25/92 Page 2 (Continued) Mid -States Industries, Ltd. ( 2) 03/03/87 06/22/89 DOL 6/22/94 P 0 Box 4228 1105 Catalyn St., Schenectady, New York 12303 TAP Electrical Contracting Service, Inc. ( 2 ) 01/21/86 11/08/89 DOL 11/09/94 926 Lincoln Ave., Holbrook, New York 11741 Dickson Painting, Inc. C 2 ) 09/10/86 03/13/90 DOL 3/13/95 326 Maple Street, Endicott, New York 13760 Silver Springs Construction Corp. C 2 ) 11/15/88 02/23/90 DOL 2/23/95 Box 204, Bald Mountain Rd.; Troy, New York 12180 Interior Systems Co. Inc. C 2 ) 08/24/84 03/19/90 DOL 3/19/95 3020 Cross Road; Johnson City, New York 13790 Hollywood Commercial Renewals,Inc. a/k/a Hollywood Commercial Renewals of Nassau,Inc. ( 2 ) 12/16/88 10/26/90 DOL 10/26/95 359 Duffy Avenue, Hicksville, New York 11801 Stride Construction Company and Christopher Risdale & David Strano CIndividually) C 2 ) 4/06/87 11/15/90 DOL 11/15/95 78 Otis Street, Rochester, New York T. J. Marks 8 Sons Inc. C 2 ) 7/01/87 10/19/90 DOL 10/19/95 PO Box 145, Guilford, New York 13780 Montour Metals,Inc. 116 North Catherine St., Montour Falls,New York ( 2 ) 09/28/90 09/24/91 DOL 09/24/96 Sloan Steel Erectors 8 Equip.Rental,Inc. ( 2 ) 10/18/89 02/19/92 DOL 02/19/97 1560 Harlem Road, Buffalo, NY 14206 Note: * Date was computed by adding 265 days during which a stay was effective to the 5 year debarred period. Note: Where the Fiscal Officer is denoted "NVC", the information has been provided by the New York City Comptroller's Office, the agency issuing the determinations. Any questions regarding these listings should be addressed directly to the Comptroller. The Bureau of Public Work of the New York State Department of Labor will respond with regard to listings where the Fiscal Officer is listed as "DOL". ocm: debarre 0 SECTION M COMPLIANCE WITH THE LABOR LAW L AND OTHER DEPARTMENT OF LABOR REGULATICNS A. STATE REGULATIONS j. The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Low ore complied with. 2. Each and every provision of low and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be recd and enforced as though it were included herein, and, if throuah'mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-e, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, calor, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five (55.00) dollars for each person for each calendar day during which such pe!;.on was discriminated against or intimidated in violation of Section 220-e.; provided, that for a second or any subsequent violation of the provisions -of said paragraph, this Contract may be cancelled or terminated by the Owner and all monies due or to become due hereunder .may be forfeited. B. FEDERAL REGULATIONS 1. CERTIFICATION OF NONSEGREGATED FACILITIES By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and.that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees an segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract_ As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, RESTROOM FACILITIES M - I time_ eloc'xs, locker rooms and other storage or dressing areas, parkine lors, drinking fountains, recreation or entertainment areas, trcr—cortarion, end housing facilities provided for employees which are searegared by explicit directive or are in fact segregated on the basis of race, cre•=c, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the c,&ard of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; dnd that he will. forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): 2. NOTICE TO PROSPECTIVE SUBCON TRACTORS OF RECIUIRP,,,ENT FCR CERTIFICATIONS OF NCN SEGREGATED FACILITIES A certification of Nenseareeated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exemot from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract, the cog.tractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because or race, creed, color, or national oricin. The contractor will take affirmative action to ensure that applicants ore employed, and that employees ore treated during employment, without record to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or trcnsFer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including orprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the'contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without record to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with whiclike has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in cc:-ispicuous places available to employees and applicants for employment. RESTROOM FACILITIES M — 2 (4) The contractor will comply with all provisions of Executive Cider No. 11,246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports recuired by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting ocency and the Secretary of Labor for purposes o'f investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or susoended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordcnce with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of Septernber 24, 1965, or by rule, regulation, or order of the Secretcry of Lobar, or as otherwise provided by law. (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 20d of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect tc;.any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request -thd United States to enter into such litigation to protest the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805-4 Reports and Other Required Informc.tion (e) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO -1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (i) is not exempt from the provisions of this Subpart 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, RESTROOM FACILITIES M - 3 sub -contract, or purchase order amounting to 550,000 or more, or serves as a depositary of Government funds in any amount, or is a financial institution which is an issuing and paying --cent for U.S. savings bonds and savings notes: Provided, Thet any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (i), (ii), and (iv) of this paracraph (a) M. (2) Each person required by subparagraph (1) of this parccrcph to submit reports shell file such a report with the contracting or administer— ing agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding fhe date of the owerd. Subsequent reports shall be submitted annually in accordance with subccrccreph (1) of this paragraph, or at such other intervals as the agency or the. Director may recuire. The agency, with the ecprovol of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the. form requested, within reasonable limits, such information as the Director, agency, or the copliccnt deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as re- quired, constitutes noncoFgpliance with the prime contractor's or subcontractor's obligations under the equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanctions authorized by the Order and the regulations in this subpart; Any. such failure shell be reported in writing to the Director by the agency as soon as practicable after it occurs. 1 -12.805.4 P,eoorts and Other Required Information b. Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of necotiations for the contract whether it has parti- cipated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Caoortunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror sub- stantially as follows: RESTROOM FACILITIES M -4 (c) s Il"The bicaer (or offeror) re=rc:cnts that ne ( 1,c:, ( ) ha., not, perticiooted in a previous contract or subcontract subiect to the Ecuel Opportunity clause herein, or the clause originally ccn- teined in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( )hcs not, filed ell required comelicnce reports; cnd that representations indicating'• submission of requ,red compi,cnce reper", sicned by proposed subcontractors will be c'tcined prior to sub- contract awards." (The above representation need not be submitted in connection with contracts or subcontract: which ore exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered c minor informality and the bidder or offeror shall be permitted to satisfy the requirement priur to award. (2) In any case in which a bidder or prospective prime contrcctar or proposed subcontractor, which perticipared in a previous cpn`r_ct or subcontract subject to Executive Orders No. 1092, 1111, or 11246, has not filed a report due under the applicable filinc requirements, no contract or subcontract shell be awarded, unless such contractor submits a report covering the delineuent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or propcsed subcontractor shall be required to submit such information as the oeency or the Director requests prior to the award of the contract or subcontract. When a determination hcs been made to award the contract or sub- contract to a specific contractor, such contractor shell be'recuired, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. Use:of Reports. Reports filed pursuant to this 1-12.805-4'shall be used only in connection with the administration of the Order, the Civil Riches Act of 1964, or in furtherance of the purposes of the Order and sold Act. (d) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. Stock Number Title 100 7540-526-2049 Equal employment opportunity employer information report. RESTROOM FACILITIES M -5 �► i 1-12.805.4 PROCUREMENT STANDARDS A. All Contracts and Subgrants for constructicn or repair shall include c provision for compliance with the Copeland "Anti - Kick Back" Act (18 U.S.C. 874) as supplemented in Departrnent of Labor Reculcticns ('29 C --R, Part 3). This Act provides that each Controctor or Suberantee sholl be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any pert of the compensation to which he is otherwise entitled. The Grcntee shall report all suspected or reported violations to the Grantor Agency. B. Where applicable, all Contracts awarded by Grantees and Sub - grantees in excess of 52,000 for construction contracts and in excess of $2,500 for other contracts which involve the em- ployment of mechanics or laborers shell include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Deportment of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard workday or workweek is permissible provided that the w6rker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promuigated by the Secretory of Labor. These requirements do not apply to the purchases of supplies or materiels orarticles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. C: Each Contract of an amount in excess of 52,500 awarded by a Grantee or Subgrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of on invoice or voucher for property, goods, or services furnished under a contract or acreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service finld office. RESTROOM FACILITIES M - 6 D. Contracts end Subgrcnts of amounts in excess of S160,C0 shall contain a provision -which requires the recipient to agree to comply with all applicable standards, orders, or reculations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Acency and the Recional Office of the Environmental Prctecticn Acency. E. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instance-. where contractors violate or breach contracts terms, and provide For such sanctions and penalties as may be appropriate. F. All contracts, amounts for which are in excess of $2,500, shall contain suitable provisions For termination by the' crentee includina the manner by which it will be effected and the basis for settlement. In cdditien, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. G. In all contracts for construction or facility improvement awarded in excess of 5100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. H. All contracts and,isubgrants in excess of 510,000 shall in- clude provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity," as. supplemented in Department of labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shall be required to have on affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies coals and target dotes to ossurc the implementation of that plan. The crcntee shell establish procedures to assure compliance with this requirement by contractors or subcrontees and to assure that suspected or reported violations are promptly investigated. RESTROOM FACILITIES M - 7 COMPLIANCE WITH PROVISIONS OF THE 1-45OR LAW Pursuant to Article 8 of the Labor Low, the contractor's attention is directed to the following requirements: 1. Section 220.2 which requires a stipulation that no Icborer; workmen or mechanic in the employ of the contractor, subcontractor or other person doing or ccntrcct- ing to do the whole or a part of the worK contemplated by the contract shail be permitted or required to work more than eicht hours in any one calender day cr more than five days in any one week except in the emereencies set forth in the Labor Low. 2. Section 220.3 which requires a provision that each laborer, workman or mecnen;c employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate of wages anc; shell be provided supplements not less than the prevailing supplements as determined by the fiscal officer. 3. Section 220.3-a also recuires that the contractor and every subcontractor on public works contracts shell pest in a prominent and accessible place on the site of the work a legible statement of all wane rates and supplements as specified in the contract to be paid or provided, as the case may be, For the various classes of mechanics, workingmen, or laborers employed on the work. 4. Section 220.3-e provides that apprentices will be permitted to work as such only when they ore registered, individually, under a bona fide progrom registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio pe,Initted to the contractor as to his wore% force on any job under the registered program. Any employee listed on a payroll at on apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Deportment of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the apprepriete ratios and wage rates, for the area of construction prior to using any apprentice on the contract work. 5. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) . That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or notional origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State Low against Discrimination which also prohibit discrimination in employment because of age); RESTROOM FACILITIES M - 8 0 (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for e•::cn calendar day during which such person was discriminated czcinst or intirnid=ted in violation of the provisions of the controct; (d) That this contract may be cancelled or terminated by the State or municipcl- ity, and all moneys due or to became due hereunder mcy be fcrfeited, for c second or any subsequent violation of the terms or ccnditions of this section of the contract. 6. The aforesaid provisions of Section 220-e which covers every contract for or an behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. 7. Section 222 which requires that preference in employment shell be given to citi- zens of the State of New York who have been residents for at least six consecutiv, months immediately prior to the commencement of their employment; that perscr.s other than citizens of the State of New York may be emplcved when such citizens are not available; and that if the requirements of Section 222 concerning prefer- ence in employment to citizens of the State of New York cre not complied with, the contract shall be void. 8. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the eliminat- tion of harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have E*een approved by the Bccrd of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222 concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract parccrgphs (c) through (g) of the Standard State Contract clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wanes can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Deportment of Lobar. The contractor shall make such provision For disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. RESTROOM FACILITIES M - 9 0 • General•R(•cdulation No. 1, as issued by the State Commission for Human r".iants, rgquires that each contract contains a stipulotien that; "It is hereby agreed by and between the parties hereto that every contrec!cr end subcontractor encaced in the public work describes in this contract shall post and maintain or each of his establishments end et all olaces at ' which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Accinst Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lichted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Richts in the respective area. You are requested to refer to Cie Bureau of Public Work oil charges of discriminction in employment including discrimination because of ace, race, creed, color or notional ericin RESTROOM FACILITIES M — 10 • SECTION N NON-DISCRIN AINATION CLAUSE • During the performance of this contract, the contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicont for employ- ment because of race, creed, color, or national origin, and will take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or tcrmiriction, rates of pay or other forms of compensation, and selection for training or retrain- ing, including apprenticeship and on-the-job training. b. The Contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding , a notice, to be provided by the Commission of Human Rights, advising such labor union or representative 'of the Contractor's agreement under clauses "a." through hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will take affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, de- ..motion, e- .•motion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job train ing. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of per- formances of this contract. If such labor union or representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. C. The Contractor will post and keep posted in conspicuous places, available to employ( and oppliconts for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provisions of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. d. The Contractor will state, in oil solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified appiicants will be afforded equa employment opportunities without discrimination because of race, creed, color, or national origin. RESTROOM FACILITIES N - 1 e. The Contractor will comply with the provisions of Sections 291-299 of the Executi Low and the Civil Rights Law, will furnish all information and reports deemed net sary by the Commission for Human Richts under these non-discrimination clauses a: such sections of the Executive Law, and will, permit access to his books, records, and accounts by the Commission for Human Rights, and Cwner representatives/CCL for purposes of investigation to ascertain compliance with these non-discriminetior clauses and such sections of the Executive Low and Civil Rights Law. f. This Contract may be forthwith cancelled, terminated, or suspended in whole or it part, by the contracting agency upon the basis of a finding made by the Commissic of Human Rights that the Contractor has not complied with these non-discriminatio clauses, and the Contractor may be declbred ineligible for future contracts made b or.on behalf of the Owner/Contracting Agency until he satisfied the Commission fc Human Rights that he has established and is carrying out a program in conformity w the provisions of these non-discrimination clauses. Such finding shall be made by Commission for Human Rights after conciliation efforts by the Commission have fail to*ochieve compliance with these non-discrimination clauses and after a verified c plaint has been filed with the Commission, notice thereof has been given to the Cc tractor and an opportunity has been afforded him to be heard publicly before three members of the Commission. Such santions may be imposed and remedies otherwise provided by low. g. If this Contract is cancelled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor• will hold the Owner harrpless against any additional expenses or costs it curred by the Owner in completing the work or in purchasing the -services, materia' equipment, or supplies contemplated by this contract, and the Owner may withholc payments from the Contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. h. The Contractor will include the provisions of clauses "a.", through "g:' in every sub contract or purchase order in such a manner• that such provisions wil I be binding upf each subcontractor or vendor as to operations to be performed within jurisdictional locale of the Project being contracted by the Owner. The Contractor will take suc action in enforcing such provisions of such subcontract or purchase as the Owner Contracting Agency may direct, including sanctions or remedies for non-compliant If the Contractor becomes involved in or is threatened with litigation with a sub- contractor or vendor as a result of such direction by the Contracting Agency/Owne the Contractor shall promptly so notify the Owner's representatives/counsel, reque! him to intervene and -protect the interests of ilia Owner (Contracting Agency's jurisdictional area). RESTROOM FACILITIES N - 2 DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: A. The work covers the construction of a new 12' X 20' one story restroom facility located at Town Beach on County Rte. 48, Southold, New York, in full accordance with the contract documents. B. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred therefrom. C. This contract includes all site work for the project. D. The Contractor shall obtain and pay for all applicable fees and charges not specifically excluded from this contract. 1.02 WORK BY OTHERS: A. The following will be provided by other: 1. The Owner will provide and pay for the following: a. Village of Greenport water tap fee. b. All related building permits. END OF SECTION RESTROOM FACILITIES 1010-1 S Section 1080 - APPLICABLE CODES 1.01 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. 1. Applicable codes or ordinances of local governing agencies. 2. National Fire Protection Association (NFPA). 3. New York Building Code. 1:02 The Town of Southold shall obtain and pay for all permits and required inspections. END OF SECTION RESTROOM FACILITIES 1080-1 Section 1500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.01 UTILITIES A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during construction and shall pay for all electrical power used. B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. C. TEMPORARY TELEPHONE SERVICE: The Contractor shall install and pay a temporary job telephone for the duration of the contract. Telephone shall be equipped with an outside gong or bell. D. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades during the construction period. E. TEMPORARY SANITARY FACILITIES: The Contractor shall provide and maintain temporary toilets in accordance with local health ordinances. 1.02 BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas during construction and, shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION RESTROOM FACILITY 1500-1 9 • Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect. B. For products specified by naming only one product or manufacturer, unless otherwise indicated The Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the project was used when requested by the Architect. B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. C. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He Will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS: A. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. B. The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. C. Substitutions which require a substantial revision of the Contract Documents will not be considered. RESTROOM FACILITIES 1600-1 0 1.05 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION RESTROOM FACILITIES 1600-2 DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General requirements of these specifications. section 2100 - SITE PREPARATION Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 1. Earthwork - 2200 Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 CLEARING: A. Limits of clearing shall be all areas within the proposed improvements. b. Saw cut existing pavement in construction are as required. Excess material shall be removed from the site at the contractors expense. 3.03 STRIPPING: A. stockpile all excavated sand & Gravel in designated or approved location. All remaining stockpiled material at the end of the project will be collected by the Town of Southold. 3.04 DISPOSAL: A. Burning of -material on the site will not be permitted. B. Removal: 1. Material to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours, material to be removed shall not be allowed to accumulate for more than 48 hours. C. Dumping:. 1. Construction & Demolition material generated by this project shall be dumped at the Southold Town landfill at no cost to the contractor. END OF SECTION RESTROOM FACILITIES 2100-1 • Section 2200 - EARTHWORK Part 1 - GENERAL 1.01 Description: A. Provide earthwork in area inside and outside the building limit to obtain required finish elevations. Earthwork includes, but is not limited to: 1. Excavation of unsuitable material and replace with controlled filled material. 2. Backfilling of trenches within building lines. Limit of work under this contract shall include the entire site. B. Related Work Specified of Elsewhere: 1. Site Preparation - 2100 1.02 QUALITY ASSURANCE: A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.03 JOB CONDITIONS: A. Protection of Persons and Property: 1. Barricade open excavations occurring as part,of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. Part 2 - PRODUCTS 2.01 SOIL MATERIALS, DEFINITIONS: A. Definitions: 1. Satisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes; as GW, GP, GM, SW, SP, SM and SC with no more than 20 percent by weight finer than No. 200 sieve. 2. Unsatisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes, as ML,CL, OL, MH, CH, OH, and PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. 3. Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. RESTROOM FACILITIES 2200-1 0 Part 3 - EXECUTION 3.01 EXCAVATION: • A. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. B. Earth excavations include removal and disposal of pavements, and other obstructions visible on ground surface and other materials encountered that are not classified as rock excavation or unauthorized excavation. C. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of Architect. Unauthorized excavation, as well as remedial work directed by Architect shall be at Contractor's expense. 3.02 COMPACTION: A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentage of maximum dry density for soils which exhibit and well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture -density relationship. C. Structures: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. D. Building Slabs, and paved Areas: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. 3.03 BACKFILL AND FILL: A. Place acceptable soil material in layers to required subgrade elevations, for each area classification listed below. 1. Under walks and steps, use satisfactory excavated or borrow material. 2. Under building slabs, use satisfactory borrow material 3.04 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. RESTROOM FACILITIES 2200-2 3.05 DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debris shall be disposed of at the Southold Town Landfill at no cost to the Contractor. END OF SECTION RESTROOM FACILITIES 2200-3 Section 2500 - PAVING AND SURFACING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all paving, and sidewalks as shown. Limits of work under this contract shall include the entire site and all sitework shown. B. Related work specified elsewhere: 1. Excavation - 2200 2. Masonry - 4200 1.02 QUALITY ASSURANCE: A. Qualifications of Asphalt Concrete Producer: Use only materials which are furnished by a bulk asphalt concrete producer regularly engaged in production of hot -mix, hot -laid asphalt concrete. Part 2 - PRODUCTS 2.01 ASPHALT CONCRETE PAVING MATERIALS: A. Base shall be crushed aggregate stone blend or recycled concrete in accordance with Town of Southold Highway Specifications. B. Bituminous Asphalt shall meet the requirements of the Town of Southold Highway Specifications. 2.02 CONCRETE SLABS: A. Concrete shall be air entrained, 3.000 P.S.I. Min. B. Provide asphalt impregnated joint filler & control joints as indicated on the drawings. Part 3 - EXECUTION: 3.01 PAVING: A. Paving shall be in accordance with all applicable sections of the Town of Southold Highway Specifications. END OF SECTION RESTROOM FACILITIES 2500-1 DIVISION THREE - CONCRETE All work in this Division shall comply with all particulars of the General conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 3000 - CONCRETE WORK Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete work as shown. B. Related Work Specified Elsewhere: 1. Paving Surfacing - 2500 1.02 QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of following codes specifications and standards, except where more stringent requirements are shown or specified: 1. ACI 318 " Building Code Requirements for Reinforced concrete". Part 2 - PRODUCTS 2.01 FORM MATERIALS: A. Forms for unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. B. Form Coatings: Provide commercial formulation form -coating compounds that will not bond with, stain nor adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2.02 CONCRETE MATERIALS: A. Portland Cement: ANSI/ASTM C 150, Type I, unless otherwise acceptable to Architect. B. Use one brand of cement throughout project, unless acceptable to Architect. C. Air -Entraining Admixture: Ansi/ASTM 260. RESTROOM FACILITIES 3000-1 Part 3 - EXECUTION 3.01 FORMS: A. Design, erect, support, brace and maintain formwork to support vertical and lateral loads that might be applied until such loads can be supported by concrete structure. Construct formwork so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design formwork to be readily removable without impact, shock or damage. 3.02 FINISH OF FORMED SURFACES: A. Float Finish: Apply float finish to all concrete slabs to receive trowel finish. B. Trowel Finish: Apply trowel surface to al concrete slabs exposed -to -view. END OF SECTION RESTROOM FACILITIES 3100-2 DIVISION FOUR - MASONRY All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 4100 - MORTAR Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all mortar for masonry work B. Related Work Specified Elsewhere: 1. Masonry - 4200 Part 2 - PRODUCTS 2.01 MATERIALS: A. Sand shall be an acceptable color, clean, sharp, graded and shall conform to ASTM C144. All sand used throughout the project shall be from a single source and shall be uniform in color. B. Water shall be clean, taken from a source suitable for domestic consumption. The maximum amount of water to produce the desired workability shall be used. C. Mortar for all concrete masonry shall be Type S and shall have an average compressive strength of 1800 PSI at 28 days. Part 3 - EXECUTION 3.01 APPLICATION: A. Mix mortar in strict conformance with manufacturer's printed directions and use within two hours of mixing. B. Mortar shall be used in as wet a consistency as can be conveniently handled. Temper frequently if necessary. Mortar which has stiffened or in which the cementing material has started to set shall not be re -tempered or used. C. Anti -freeze compounds and admixtures will not be permitted in mortar. END OF SECTION RESTROOM FACILITIES 4100-1 0 Section 4200 - MASONRY Part 1 - GENERAL 1.01 DESCRIPTION: .A. Provide all concrete unit masonry work. B. Related Work Specified Elsewhere: 1. Concrete - 3000 2. Mortar - 4100 Part 2 - PRODUCTS 2.01 CONCRETE MASONRY UNITS: A. all sizes and shapes shall be as required or as indicated on the drawings. B. Hollow Load -Bering Units: ASTM C 90. Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the Contractor to verify, coordinate and provide for all architectural and mechanical work in and around the masonry construction. Additionally, Contractor shall take all necessary precautions to protect masonry work from damage during construction. 3.02 INSTALLATION: A. Joints and bond in masonry construction: Horizontal and vertical face joints shall have a nominal thickness of 3/8 inch. Construct uniform tight joints provide struck flush joints for concealed CMU and concave joints for all exposed CMU, unless otherwise indicated on the drawings. B. Workmanship: All work shall be performed by skilled tradesmen in a high quality workmanlike manner and is subject to the final approval of the Architect. Only dry masonry units shall be laid with all cutting and fitting done with a masonry saw. All work shall be plumb, true to line and with level courses accurately spaced. 3.03 CLEANING: A. All exposed CMU work shall be thoroughly cleaned and ready for additional finishes. END OF SECTION RESTROOM FACILITIES 4200-1 DIVISION FIVE - METALS All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 5500 - MISCELLANEOUS METALS Part 1 - GENERAL 1.01 DESCRIPTION A. Provide all miscellaneous metals including, but not limited to, the following: 1. Metal grab bar brackets 2. Other miscellaneous metals as indicated or required. Par 2 - PRODUCTS 2.01 MATERIALS: A. Metal Surfaces, General: For fabrication of work which will be exposed to view, use only materials which are smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names and roughness. Remove such blemishes by grinding or welding and grinding, prior to cleaning and application of surface finishing. B. Nuts and bolts - ASTM A 325 C. Anchor bolts - ASTM A 307 D. Machine screws - Fed. Spec. FF -S-92. E. Galvanizing - Hot -Dip Galvanizing shall conform to ASTM A 123. Galvanized coatings where required shall successfully withstand the Preece Test referred to in the foregoing standard. F. Paint - Fed. Spec. TT -P -86a, Type II. Part 3 - EXECUTION 3.01 PREPARATION: A. The Contractor shall study the contract drawings and specifications with respect to the work shown or required under this and related Divisions and Sections to ensure completeness of all work. Supplementary parts necessary to complete each item, though such work is not definitely shown or specified, shall be included. B. The Contractor shall coordinate and schedule the work of this Section with the work of other trades. Anchors, sockets, fastenings and other miscellaneous items required for securing metal work to other construction shall be furnished as required so as not to delay the progress of the work. RESTROOM FACILITIES 5500-1 3.02 INSTALLATION: A. Whenever the work, or part of it, required embedding in concrete or masonry, give complete instructions, provide labor and materials to place the material into the work, and supervise the installation. B. Install and erect the work plumb, level, true, and properly aligned. Detail and install work with due consideration of all work of others in the vicinity. Show the work of others adjacent to this work on shop drawings wherever necessary for proper completion of the work. END OF SECTION RESTROOM FACILITIES 5500-2 DIVISION SIX - WOOD AND PLASTIC All work in this section shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 6100- ROUGH CARPENTRY Part 1 - General 1.01 DESCRIPTION: A. Provide all structural, non-structural and miscellaneous wood framing, including, but not limited to the following: 1. Wood Joists. 2. All miscellaneous framing, wood plates, blocking, back-up, etc. 3. Roof sheathings and building papers. 4. All fasteners, nails and rough hardware. B. Related Work Specified Elsewhere: 1. Miscellaneous Metals - 5500 2. Toilet and Specialty Accessories - 10800 1.02 QUALITY ASSURANCE: A. Lumber shall be in conformance with the grading rules of the Southern Pine Inspection Bureau (SPIB) or the Western Wood Products Association (WWPA). B. Plywood shall conform to the grading rules of the Softwood Plywood Construction and Industrial Product Standard PS 1-66. C. All lumber and plywood shall bear official grade marks. 1. Lumber shall be grade stamped by mill showing grading agency, mill lumber grade, species, grading rules and seasoning. 2. Plywood shall bear grade trademark of the American Plywood Association (APA), showing type, grade, class, identification index, and inspection agency mark. RESTROOM FACILITIES 6100-1 Part 2 - PRODUCTS 2.01 MATERIALS: A. Lumber: 1. Sizes shall be as indicated on drawings: dimensions are nominal, actual sizes shall conform to the American Lumber Standards, latest published edition. All lumber shall be kiln -dried to 15 percent maximum moisture content and be finished four side (S4S). 2. Framing lumber shall be grade No. 2, Southern Yellow Pine for both bearing and non-bearing construction. Framing shall be CCA Treated. 3. Blocking, furring, grounds and nailers shall be grade No. 2, Southern Yellow Pine. No grade no. 3 lumber shall be allowed for any use on this project. All blocking, furring, grounds and nailers built into or permanently concealed by construction shall be CCA Treated. B. Plywood: 1. Roof sheathing: Standard with exterior glue 1/2" thick. Part 3 -EXECUTION 3.01 PREPARATION: A. The Contractor shall verify that surfaces to receive rough carpentry are prepared to proper grades and dimensions. In addition, it is the responsibility of the Contractor to coordinate and provide for all work of other trades and schedule his work to minimize delays to the project. 3.02 INSTALLATION: A. All work shall be performed by experienced tradesmen. Blocking shall be true, plumb and anchored as required and in accordance with these Specifications and good construction practices. B. Provide blocking, furring, back-up, firestops, etc., as shown on the drawings, called for in the specifications or necessary for the proper installation of any item, fixture, or trim: constructed as appropriate for intended use. C. Roof Sheathing: 1. Install plywood with face grain perpendicular to supports. End joints shall be located over supports and staggered between panels. Allow 1/16 inch space at end joints and 1/8 inch space at edge joints increase spacing during damp weather. 2. Nail as per APA recommendations to develop full rated panel strength. END OF SECTION RESTROOM FACILITIES 6100-2 Section 7500 - ASPHALT ROOFING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide Asphalt Roofing. B. Related Work Specified Elsewhere: 1. Rough Carpentry - 6100 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers; Roofing: 1. Johns - Manville or approved equal B. The Roofing Contractor shall be certified by the manufacturer and shall have a minimum of five (5) years experience as a contractor. C. All materials and workmanship shall conform with the manufacturer's standard specifications for New Roofing. Part 2 - PRODUCTS - Not Used Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the General Contractor to verify, coordinate and provide for all architectural and mechanical materials to be incorporated in the roofing system. He shall provide treated wood nailers as required and where indicated on drawings and furnish the necessary materials to ensure timdly completion of the roofing work. 3.02 INSTALLATION: A. All work including installation of architectural and mechanical materials shall be as required and indicated on drawings and in accordance with the roof manufacturers printed specifications. Coordination of requirements for roof mounted equipment and roof penetrations with mechanical, electrical and plumbing design shall be the Contractor's responsibility. 3.03 PROTECTION OF WORK: A. It is the responsibility of the General Contractor to adequately protect the roofing system from damage during construction. Any materials which become damaged shall be promptly repaired or replaced at no additional charge to the Owner. END OF SECTION RESTROOM FACILITIES 7500-1 DIVISION EIGHT - DOORS AND WINDOWS All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 8100 - METAL DOORS AND FRAMES Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide metal doors and frames where indicated or required. B. Related Work Specified Elsewhere: 1. Finish Hardware - 8700 1.02 QUALITY ASSURANCE: A. Manufacturer: Hollow Metal Work shall be manufactured by one of the following: 1. Steelcraft 2. Amweld 3. Ceco Part 2 - PRODUCTS 2.01 MATERIALS: A. Sheet steel for frames shall be hot rolled prime quality carbon steel, electro zinc coated. B. Sheet steel for doors shall be cold rolled stretcher level sheet steel electro zinc coated. C. Paint: Shall be a rust -inhibiting metal primer. D. Frames: 1. Exterior frames: shall be shaped as indicated on drawings, 16 gauge fully welded units. 2. Frames shall be reinforced for all hardware in accordance with templates provided by the hardware manufacturer. Reinforcement shall be 7 gauge minimum at hinges and pivots, 12 gauge minimum at all other hardware reinforcements. E. Metal Doors: Shall be 18 gauge flush type. F. Anchors: 1. Provide an anchor at each jamb for each 2 feet of door height or fraction thereof. 2. Vary anchor types to provide positive fastening to adjacent construction. 3. Secure a metal clip angle at bottom of each jamb member for anchoring to floor with a minimum of 2 fasteners. RESTROOM FACILITIES 8100-1 Part 3 - EXECUTION 3.01 PREPARATION FOR FINISH HARDWARE: A. Prepare doors and frames to receive hardware: 1. Hardware supplier shall furnish hollow metal manufacturer approved hardware schedule, hardware templates, and samples of physical hardware where necessary to insure correct fitting and installation. 2. Preparation includes sinkages and cut-outs for mortise and concealed hardware. B. Provide reinforcements of both concealed and surface applied hardware: 1. Drill and tap mortise reinforcements at factory, using templates. 2. Install reinforcements with concealed connections designed to develop full strength of reinforcements. 3.02 INSTALLATION OF FRAMES: A. Exercise care in setting frames to maintain scheduled dimensions. Wherever possible, leave frame spreader bars intact until frames are set -perfectly square and plumb and anchors are securely attached. 3.03 INSTALLATION OF DOORS: A. Apply hardware in accordance with hardware manufacturer's templates and instructions. B. Hang door plumb and level and adjust operable parts for correct function. 3.04 PRIME COAT TOUCH UP: A. Immediately after erection, touch up areas where prime coat has been damaged shall be sanded smooth and touch up with same primer as applied at shop. All rust shall be removed before above specified touch up is applied. END OF SECTION RESTROOM FACILITIES 8100-2 Section 8700 - FINISH HARDWARE Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all door hardware for exterior doors B. Related Work Specified Elsewhere: 1. Metal Doors and Frames - 8100 1.02 QUALITY ASSURANCE: A. Commercial grade hardware manufactured by the following companies are acceptable: 1. Russwin 4. Stanley 2. Schlage 5. Ives 3. Sargent 6. Pemko 1.03 SUBMITTALS: A. Submit five copies of a complete schedule, including keying and samples to the Architect for approval. Part 2 - PRODUCTS 2.01 MATERIALS A. The finish hardware listed herein shall not be construed as a complete hardware schedule and shall only be considered as an indication of the hardware requirements. It shall be the hardware supplier's responsibility to examine the drawings and door symbols and provide all necessary or additional hardware as required but not scheduled herein. Such items of hardware shall be of the same type, quality and quantity as that scheduled for similar doors or parts of the building used for similar purposes. B. Hardware shall be suitable and adapted for its required use and shall fit its designated location. Should any hardware as shown, specified, or required, fail to meet the intended requirements, or require modification to suit or fit the designated location, the hardware supplier shall promptly seek the correction or modification necessary in ample time to avoid delaying the manufacture and delivery of hardware. The hardware supplier shall verify the suitability of stops scheduled herein and where necessary shall provide fully concealed stays, backcheck devices on closers or roller stops, as approved by the Architect in lieu of stops scheduled. RESTROOM FACILITIES 8700-1 6 0 C. Hardware supplier shall be fully responsible for checking all details such as wall trim clearances, bevels, rabbets, backsets, proper type strike plates, length of spindles hands of locks, etc. in order that all items of hardware shall fit properly. Hardware for application to metal shall be made to standard templates. Template information shall be furnished to door and frame fabricator and all other trades requiring same, in order that they may cut, reinforce, or otherwise prepare in the shop, material for the installation of hardware. 2.02 KEYING A. All locks shall be keyed and master keyed as directed by the The Town. B. Provide three (3) keys for each lock. Part 3 - EXECUTION 3.01 DELIVERY OF HARDWARE: A. All items of finishing hardware shall be delivered to the building or as otherwise specified a sufficient time in advance of its requirement for proper inspection prior to installation. All items shall be properly wrapped in separate packages, complete with all trim, screws, etc., and be definitely numbered and labeled for each opening. 3.02 INSTALLATION: A. Install all finish hardware by skilled workmen as per manufacturer's instructions and adjust for perfect operation. After fitting of hardware, remove all natural finish exposed hardware before painting. Reinstall exposed hardware after all painting is complete. Any hardware that becomes damaged in finish or operation shall be replaced by the Contractor at no additional cost to the Owner. 3.03 HARDWARE SCHEDULE: A. Manufacturers catalog number specified herein are for the purpose of establishing a basis of quality, design and operation. Hardware by other manufacturer's will be acceptable provided that they provide the same function, appearance, quality level, and keying: 1. Hinges - Stanley Hardware 2. Locks - Russwin and Corbin as indicated 3. Closers - Russwin 4. Miscellaneous - Ives B. HARDWARE SET: Each door to have (type 3 locations) 1 1/2 Pr. Butts 1 Ea. Exterior Hasp & Padlock 1 Ea. Closer 1 Ea. Stop 1 Ea. Passage Set 1 Ea. Interior Dead Bolt END OF SECTION RESTROOM FACILITIES 8700-2 DIVISION NINE - FINISHES All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these specifications. Section 9900 - PAINTING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide the field painting and staining for the entire project, both interior and exterior; including, but not limited to, the following: 1. Exterior: a. Exposed ferrous and galvanized metal b. Plywood soffits C. T -III Plywood gable ends d. All wood fascia & rake boards 2. Interior: a. Exposed wood framing b. Hollow metal frames C. Exposed ferrous and galvanized metal d. Doors e. Exposed CMU's 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers: 1. Glidden 2. PPG (Pittisburgh Paints) 3. Benjamin Moore 4. Minwax B. Work in this Section must be performed by highly skilled tradesmen thoroughly experienced with commercial work. Part 2 - PRODUCTS 2.01 MATERIALS: A. It is the primary intent that each paint material and finishing material be the best of its respective kind as related to the item and surface to which it is applied. Except as other wise specified. Paint products shall be those of one manufacturer, premixed, ready for application. do not cut or thin in any way unless the nature of the product requires thinning in order to apply it or unless thinning is specified. In such cases, use thinner called for on the label in proper volume ratio recommended by the manufacturer. B. All colors shall be as selected by the Architect. RESTROOM FACILITIES 9900-1 2.02 EXTERIOR PAINTING A. Ferrous Metal: 1 coat - Glidden Rustmaster Metal Primer 2 coats - Glidden Speedenamel Omit primer coat when shop primed; spot prime all marred or ruptured shop primer coats with primer specified. B. Galvanized Metal: 1 coat - Glidden Rustmaster Galvanized Metal Primer 2 coats - Glidden Speedenamel C. Wood Siding & Trim: 1 coat - Glidden Spred Prime Coat 3651 2 coats - Glidden Spred House Paint 3600 Series 2.03 INTERIOR PAINTING: A. Wood Framing & Plywood Sheathing: 1 Coat - Glidden Spred Primer/Sealer 2 Coats - Glidden Spred Satin Semi -Gloss Latex Enamel or Flat Latex as selected by the Architect. B. Ferrous Metal: 1 coat - Glidden Rustmaster Metal Primer 2 coats - Glidden Day -Lite Eggshell Enamel or Spred Lustre Semi -gloss Enamel as selected by the Architect. Omit primer coat when shop primed: spot prime all marred or ruptured shop coats with the primer specified. C. Galvanized Metal: 1 coat - Glidden Rustmaster Galvanized Metal Primer 2 coats - Glidden Day -Lite Eggshell Enamel or Spred Lustre Semi -gloss Enamel as selected by the Architect. D. Concrete Masonry Unit Wall Surfaces: 1 coat - Glidden Ultra -Hide Acrylic Latex Block Filler 2 coats - Glidden spred Lustre Semi -Gloss 2.04 OTHER SURFACES: A. Should painting requirements include additional surfaces not included in the foregoing lists of interior and exterior paint, the Architect shall determine the type paint necessary, with not less than tow field coats required in any such instance. RESTROOM FACILITIES 9900-2 • • Part 3 - EXECUTION 3.01 PREPARATION: A. The installation of any part of the work of this Section will be construed as an acceptance of the surface over which the painting work is required to be applied. Any condition which does not conform to the specifications and/or is not satisfactory must be reported to the General Contractor prior to commencement of the work and thereafter painting Contractor shall be fully responsible for satisfactory work as required herein. B. Contractor shall thoroughly examine the Construction Documents and premises to determine the full extent of work required. C. All surfaces shall be prepared to receive paint in accordance with the manufacturer's recommendations. 3.02 APPLICATION: A. Time work shall be brush applied. All drywall surfaces shall be roller applied. Provide adequate illumination, evenly spread and smoothly flow all paint to avoid runs, sags, holidays, brush marks, or excessive roller stipple. No spray painting will be allowed. B. Remove and protect hardware, accessories, device plates, lighting fixtures, factory finished work and similar items or provide ample inplace protection. Upon completion of each space, carefully replace all removed items. C. The Contractor shall protect his work at all times and shall also protect adjacent work and materials by suitable covering or other method during progress of his work. The contractor shall take all necessary precautions to prevent fire or fire hazard. He shall remove from the premises all rubbish and accumulated materials of whatever nature not caused by others on a daily basis. Upon completion of the work he shall remove all paint and varnish spots from the floors glass and other surfaces and shall leave his part of work in clean, orderly and acceptable condition. END OF SECTION RESTROOM FACILITIES 9900-3 DIVISION TEN - SPECIALITIES All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 10800 - TOILET AND SPECIALTY ACCESSORIES Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide toilet and specialty accessories. 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers for 1. Miami -Carey 2. Bobrick 3. A.M.I., Inc. 4. Accessory Specialties, 5. Bradley Corporation 6. McKinney Part 2 - PRODUCTS 2.01 MATERIALS: toilet accessories: Inc. A. The specialty accessory schedule listed herein shall not be construed as a complete schedule and shall only be considered as an indication of the accessory requirements. It shall be the supplier's responsibility to examine the drawings and to provide all necessary and additional accessories as required. Such items shall be of the same type, quality, and quantity as that scheduled for similar parts of the building. Part 3 - EXECUTION 3.01 INSTALLATION: A. Install in accordance with manufacturer's written instructions and approved shope drawings in the locations indicated on the drawings or as directed by the Architect. B. Soap dispensers shall be mounted in countertops such that end of spout will be over lavatory bowl. C. After installation, thoroughly clean exposed surfaces. Any item that becomes damaged in finish or operation shall be replaced at no additional cost to the Owner. RESTROOM FACILITIES 10800-1 3.02 SCHEDULE A. Specialty Accessories specified herein for the purposed of establishing a basis of quality, design and operation. Accessories by other manufacturers will be acceptable subject to the Architect's approval, provided they provide adequate functions and quality. Materials indicated are by Bobrick and J.L. Industries. All products shall have a brushed stainless steel (or chrome) finish unless otherwise noted. B. Toilet and Specialty Accessories Schedule 1. Men's Toilet: 1 ea. Toilet paper Holder 1 ea. Grab Bars 1 ea. Soap Dispenser 1 ea. Paper Towel Dispenser & Disposal Unit 2. Women's Toilet: 1 ea. Toilet Paper Holder 1 ea. Grab Bars 1 ea. Feminine Napkin Disposal Unit 1 ea. Soap Dispensers 1 ea. Paper Towel Dispenser & Disposal Unit END OF SECTION RESTROOM FACILITIES 10800-2 DIVISION FIFTEEN - PLUMBING All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Part 1 - GENERAL 1.01 PLUMBING: A. The Contractor shall provide a complete. working plumbing system to serve the construction as shown on the drawings. The systems shall be designed by a qualified designer in accordance with the requirements of the New York State Building and basic Plumbing Code and local plumbing officials at the Contractor's expense. B. The plumbing designer shall consult the complete drawings for this facility and shall design the plumbing system in accordance with this information all applicable codes and standards and good accepted engineering practice. C. The contractor shall be responsible for installing & connecting the existing water service line to the new facility. The New Meter Pit shall be located in the Utility Room. Coordinate all service requirements with the Village of Greenport Utility Department. 1.02 COORDINATION: A. Contractor shall be solely responsible for coordination of his work with the work of other trades, especially with regard to openings, roof penetrations, clearance above ceilings, and routing of ducts, pipes or conduits. END OF SECTION 2 RESTROOM FACILITIES 15100-1 SPECIFICATIONS �.w w _RESTROOM FACILITIES: TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 JANUARY 21, 1992 STED SOUTHOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC, NEW YORK 11958 516 - 765 - 3070 PROJECT DESCRIPTION RESTROOM FACILITIES : COUNTY TRE. 48, SOUTHOLD, NEW YORK THIS PROJECT INCLUDES THE CONSTRUCTION OF A 12' x 20' ONE STORY CONCRETE BLOCK RESTROOM. FOUNDATION: WALLS: FLOOR: STRUCTURAL FRAMING: ROOF: DOORS: PLUMBING: SEPTIC SYSTEM: SITE WORK: CONCRETE FOOTINGS 8" CONCRETE MASONRY UNITS 4" CONCRETE SLAB 2 x 6 CCA TREATED JOISTS ASPHALT ROOF SHINGLES HOLLOW METAL DOORS & FRAMES SYSTEM DESIGNED BY CONTRACTOR IN ACCORDANCE WITH SPECIFICATIONS SEPTIC TANK & LEACHING POOLS INCLUDES ALL NECESSARY EXCAVATIONS, UTILITIES, FILL, PAVING AND SLABS. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT: STED, PECONIC LANE, PECONIC, NEW YORK 11958. ATTENTION - JAMES A. RICHTER - TELEPHONE - 516 765 3070 The foregoing Project Description is provided for general information only. It is not a part of Contract Documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instruction to Bidders Index to Drawings Proposal Form Statement of Non -Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions AIA Performance Bond Maintenance Bond General Release Prevailing Wage Rates Conpliance with the Labor Law & other Dept. of Labor Regulations Non -Discrimination Clause DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Applicable Codes Construction Facilities and Temporary Controls Substitutions DIVISION TWO - SITEWORK Site Preparation Earthwork Paving and Surfacing DIVISION THREE - CONCRETE • A - 1 through A - 1 B - 1 through B - 3 C - 1 through C - 1 D - 1 through D - 2 E - 1 through E - 2 F - 1 through F - 1 AIA Document # A310 G - 1 through G - 1 AIA Document # A201 H - 1 through H - 2 AIA Document # A311 J - 1 through J - 2 K - 1 through K -1 L - 1 through L - 36 M - 1 through M - 10 N - 1 through N - 2 1010 - 1 through 1010 - 1 1080 - 1 through 1080 - 1 1500 - 1 through 1500 - 1 1600 - 1 through 1600 - 2 2100 - 1 through 2100 - 1 2200 - 1 through 2200 - 3 2500 - 1 through 2500 - 1 Concrete 3000 - 1 through 3000 - 2 INDEX TO SPECIFICATIONS (continued) DIVISION FOUR - MASONRY Mortar 4100 - 1 through 4100 - 1 Masonry 4200 - 1 through 4200 - 1 DIVISION FIVE - METALS Miscelaneous Metals 5500 - 1 through 5500 - 2 DIVISION SIX - WOOD AND PLASTIC Rough Carpentry 6100 - 1 through 6100 - 2 DIVISION SEVEN - THERMAL & MOISTURE PROTECTION Asphalt Roofing DIVISION EIGHT - DOORS & WINDOWS Metal Doors & Frames Finish Hardware DIVISION NINE - FINISHES Painting DIVISION TEN - SPECIALTIES Toilet and Specialty Accessories DIVISION ELEVEN - EQUIPMENT This Division Not Used 7500 - 1 through 7500 - 1 8100 - 1 through 8100 - 2 8700 - 1 through 8700 - 2 9900 - 1 through 9900 - 3 10800 - 1 through 10800 - 2 INDEX TO SPECIFICATIONS (continued) DIVISION TWELVE - FURNISHINGS This Division Not Used DIVISION THIRTEEN - SPECIAL CONSTRUCTION This Division Not Used DIVISION FOURTEEN - CONVEYING SYSTEMS This Division Not Used DIVISION FIFTEEN - PLUMBING Plumbing 15100 - 1 through 15100 - 1 DIVISION SIXTEEN - ELECTRICAL This Division Not Used • INVITATION TO BID PROJECT: RESTROOM FACILITIES - SOUTHOLD TOWN BEACH COUNTY RTE. 48, SOUTHOLD, NEW YORK • The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as.specified for the construction of New Restroom Facilities at the Southold Town Beach on County Rte. 48, in accordance with the Drawings & Specifications prepaired by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York. 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, April 2, 1992. All specifications are provided herein: drawings to be attached. 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. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not. Dated: MARCH 10, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk RESTROOM FACILITIES A - 1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accurdance with the "Proposal Form" provided. The bidders shall write in ink, both in words and numerials, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, 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 quantities will be held until 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 AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find 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 Architect who may issue a written instruction to all bidders. RESTROOM FACILITIES B - 1 0 • D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of Contract will be made as soon as practicable. A Contract may be awarded to a responsible bidder other that the lowest money bidder, if it is in the best interests of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a Contract by successful bidder. The competency and responsibility of the bidder and his sub -contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard Form of Agreement Between Owner and Contractor (Stipulated Sum)". The Town will either award the project or reject all proposals received within fourty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his of her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposais are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, abscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond may be rejected, any proposal having interlineation, erasure or corrections may be rejected. RESTROOM FACILITIES 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 wirk within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract 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 with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of 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 thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLERE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the Norice to Proceed, given to him by the Town of Southold, shall complete the work within the calendar day limit as set forth by him in the Proposal, but not more than thirty (30) working days. RESTROOM FACILITIES B - 3 INDEX TO DRAWINGS CIVIL C/P 1 SITE PLAN - PLUMBING PLAN SANITARY SEPTIC SYSTEM PLAN & RELATED DETAILS ARCHITECTURAL A 1 PLANS, ELEVATIONS, DETAILS & NOTES RESTROOM FACILITIES C - 1 PROPOSAL FORM DATE: APt k v... �;t � \(Act7. 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 JAN. 21, 1992 including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowled- gement 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 proposes and agrees .that if his proposal be accepted he will contract to furnish all materials not provided by the Town (see Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH & CONSTRUCT A ONE SOTORY CONCRETE BLOCK RESTROOM FACILITY. THE SIZE OF THE FACILITY SHALL BE 12' x 20' AND HAVE CCA TREATED WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 5 LEACHING POOLS. PATCH & REPAIR ALL PAVEMENT AND FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT:)IN ACCORDANCE::WITIi`.THE RESTROOM FACILITIES D - 1 0 0 CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITYIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: Twrn j Wn THc (written in words) _t 3;L Act \110 (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: ` tic,,,,,,, a• Business Address: �-S.K.�.yF, 7M,�h(t" C=Mteg]Ct4. Telephone Number: 516) 36q- a�SB Date:R1� RESTROOM FACILITIES D - 2 STATEMENT OF NON -COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and 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 own 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 competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. RESTROOM FACILITIES E - 1 R E S O L U T I O N Resolved that �.,, jy, DzusL,p'o-V, -r be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: (Describe Project) and to include in such bid or proposal the certificate as to non -collusion required by section one -hundred -three -d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporate bidder shall be liable under the penalties of 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 (SEAL OF THE CORPORATION) •S Dav►D S • i...aNTZ �R�s Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 RESTROOM FACILITIES E - 2 0 NEW YORK STATE Ar; 1°;:, TI': _ ; CTI0t-4 CERTIriCATIO,'4 (TO BE C01,IPLET_D BY EACH, BIDDER) Bidder's Certifications: A bidder will not be eligible for award c. c contract under this Invitation for Bids unless such bidder has submitted as c pert o. its bid the following certification, �vhic!t will be deemed c part of the resulting contract: BIDDER'S CEIRTIFICATION L •S . (bidd�.') certi.ies that: it intends to use -the following lister construction trades in the work under the 2. c. 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 Plcn, those trades being: ; and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part If of these Bid Conditions, it adopts the minirhurn minority mcn- power utilization coals and 'rhe specific affirmative action steps contained in said Port 11, for all construction work (both state and non -state) in the afore -mentioned area subject to these Bid Conditions, these trades beinc: and, 3. it will obtain from each of its subcontractors and submit to the contracting or admin- istering agency prior to the evierd of any subcontractor under this contract the sub- contractor certification required by these Bid Conditions. nature of Authorized R: pre native or Birder) RESTROOM FACILITIES F - 1 47 C'& F Commercial Insurance a Crum and Forster organization Administrative Office: 518 Stuyvesant Avenue P.O. Box 615 Lyndhurst, NJ 07071-9836 Bond No. WF -00032933 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we LSM DEVELOPMENT CORPORATION D/B/A/ PINNACLE CONTRACTING 815 PLEASURE DRIVE RIVERHEAD NY 11901 - as Principal, hereinafter called the Principal, and WESTCHESTER FIRE INSURANCE COMPANY 518 Stuyvesant Avenue, P.O. Box 615 Lyndhurst, New Jersey 07071-9836 a corporation duly organized under the laws of the State of New York as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NY 11971 - as Obligee, hereinafter called the Obligee, in the sum of 5/ of bid not to exceed Two Thousand and 00/100 Dollars ($ *******$2,000.00), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for BEACH RESTROOM FACILITY AT SOUTHOLD PUBLIC BEACH COUNTY ROUTE 48, SOUTHOLD, NY 11971 NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Bond WF -00032933 has been signed, sealed and dated 04/02/1992. I (Wi)ne s) Nitness) LSM DEVELOPMENT CORPORATION D/B/A/ INNACLE CO TRACTING ByCE) �PiS• (Title) WESTCHESTER FIRE INSURANCE COMPANY Alice M. Ventresca Attorney -in -Fact AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 B22 ACKNOWLEDGEMENT OF SURETY WF -00032933 State of New Jersey i � ss. County of Bergen i On 04/02/1992, before me personally came Alice M. Ventresca to me known, who, being by me duly sworn, did depose and say that she is an attorney-in-fact of Westchester Fire Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. iM� 6as �iAi r d %j My commission, eZ(P`1m j ! 9,PM7s F ; Notary Public FOM N 2 (04/91) It WESTCHESTER FIRE INSURANCE COMPANY NEW YORK, NEW YORK STATEMENT AS OF DECEMBER 31, 1990 ASSETS LIABILITIES AND SURPLUS Bonds .............. Stocks: Preferred .......... $ 3,023,408 Common .......... 304,062.506 Real Estate .......... Cash and Bank Deposits .......... Short Term Investments ........ Other Invested Assets ............ Premium Balances Receivable ......... Equities and Deposits in Pools and Associations ....... Other Assets ......... Total Admitted Assets $1,067,806,624 307,085,914 7,930,414 21,200,474 41,394,931 3,847,425 104,468,380 4,520,980 36,448,123 $1,594,703,265 Losses and Adjustment Expenses .......... Taxes and Expenses .......... Unearned Premiums ......... Other Liabilities ...... Capital .............. Paid in and Contributed Surplus ........... Other Surplus ........... Surplus to Policyholders ...... $1,015,634,133 25,744,321 164,857,794 74,491,275 $ 2,500,000 130,160,715 181,315,027 313,975,742 Total Liabilities and Surplus $1,594,703,265 Bonds and Stocks are valued in accordance with the basis adopted by the National Association of Insurance Commissioners. Securities carried at$150,594,169 in the above statement are deposited as required by law. STATE OF NEW JERSEY SS: COUNTY OF MORRIS GEORGE J. RACHMIEL, Senior Vice President & Treasurer and MICHAEL A. SANDRI, Vice President of the Westchester Fire Insurance Company being duly sworn, each for himself deposes and says that they are the above described officers of the said Company and that on the 31st day of December, 1990the Company was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as herein- before indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said Company on the 31st day of December, 1990 according to the best of their information, knowledge and belief, respectively. Cogwotlon•t So., Sworn to and Subscribed before me this 25th day of April, 1991. CYNTHIA JO STEHLI NOTARY PUBLIC OF NEW JERSEY My Commission Expires Dec. 13, 1993 Notarial Seal Senior Vice President & Treasurer Vice President POWER OF ATTORNEY WESTCHESTER FIRE INSURANCE COMPANY PRINCIPAL OFFICE, NEW YORK, N.Y. KNOW ALL MEN BY THESE PRESENTS: That the WESTCHESTER FIRE INSURANCE COM PANY a Cor- poration duly organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, New Jersey, has made, constituted and appointed, and does by these presents make, constitute and appoint Robert A. Nicosia, Richard L. Quackenbush, Margaret A. Nicosia, Richard Ingram, Michelle Nicosia, and Alice M. Ventresca of Lyndhurst, New Jersey, each its true and lawful Agent(s) and Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings and to bind the Corporation thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Corporation at its offices in Morris Township, New Jersey in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued. in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the Westchester Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this , 3rd day of April 19 91 . 'p2Ep " Attest: . 4-s � •�o'r' Assistant Secretary John K. Stewart STATE OF NEW JERSEY) ss.: COUNTY OF MORRIS ) WESTCHESTER FIRE INSURANCE COMPANY Vice President Richard A. Annese On this 3rd _ day of April 191-1— before the subscriber, a duly qualified Notary Public of the State of New Jersey, came the above-mentioned Vice President and Assistant Secr a of the Westchester Fire Insurance Company, to me. personally known to be the officers described n 4k i�xecuted the preceding instrument, and they acknowledged the execution of the same, and being ;i�� dpfn deposed and said, that they are the officers of said Company aforesaid, and that the seal pQ,'kffixed to ih,eding instrument is the Corporate Seal of said Company, and the said Corporate Seal and re al officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. 1 1 TE VIOVY WHEREOF, I have hereunto set my hand and affixed my seal at the Township of Morris, the ,.,daV 2�r t ee rtlrsbove written. N'' DMIN M. BIAMONTE NOTARY PUBLIC OF NEW JERSEY Milltlltll� MY COrAWSSION EXF;RES 1JLY 25, 1993 Notary Public This Power of Attorney is grd pursuant to Article IV of the By -Laws owe WESTCHESTER FIRE INSURANCE COMPANY as now in full force and effect. ARTICLE IV Execution of Instruments. "The Chairman of the Board, Vice -Chairman of the Board, President, or any Vice - President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an Assistant Secretary, shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all' of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation." This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By -Laws of the WESTCHESTER FIRE INSURANCE COMPANY as now in full force and effect. ARTICLE III Section 9 Facsimile Signatures. `The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any .powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced ... The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued." CERTIFICATE State of New Jersey County of Morris I, the undersigned, Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV and Article III, Section 9 of the By -Laws of the Corporation are now in full force and effect. Signed and sealed at the Township of Morris, New Jersey dated 2nd day of April 19 92 , .By Assistant Secretary Herbert H. Linder FM. 203.0.131 (12-73) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe (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 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 day of 19 (Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) (Title) AIA DOCUMENT A310 • BID 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. OFFER OF SURETY (To be Completed by Each Eidder) In the event a above Proposal is accepted and the undersicned is awarded the Contract For the work, the undersigned offers es surety r'or faithful performance, pond and/or bonds to protect Ie -or and material men, the following surety: SURETY C'GMPANY Sicned (Bidder) . CERTIFICATE OF SURETY to be sinned by a duly authorized official, event or attorney of the Surety Company. In the event thea the above Proposal is accepted and the contract for the wort: is awarded to said the (Bidder's Name) (Surety will execute the Surety Bonds as herein Ccnpany) before provided. Signed: Authorized Official, Agent, or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. RESTROOM FACILITIES G — I T H E A M E R I C A 0 I N S T I T U T E AIA Document A201 0 O F A R C H I T E C T S General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3 • CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of it, provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. AIA DOCUMENT A201 • GENERAL CONI)ITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA' • U 1087 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. INDEX Acceptance of Nonconforming Work ......... 9.6.6, 9.9.3,12.3 Acceptance of Work ........... 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 Access to Work ........................... 3.16,6.2.1,12.1 Accident Prevention .............................. 4.2.3,10 Acts and Omissions ... 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.2, 4.3.9, 8.3-1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Addenda ..................................... 1.1.1,3.11 Additional Cost, Claims for ......... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Additional Inspections and Testing....... 4.2.6, 9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3.6, 4.3.8, 4.3.9, 8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3-3-3,41, 9.4, 9.5 Advertisement or Invitation to Bid ...................... 1.1.1 Aesthetic Effect ............................... 4.2.13, 4.5.1 Allowances ........................................ 3.8 All-risk Insurance ................................. 11.3.1.1 Applications for Payment .. 4.2.5, 7.3.7, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 11.1.3, 14.2.4 Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, -4.2.7. 9.3.2, 11.3.1.4, 13.4.2, 13.5 Arbitration ..................... .i.1.4, 4.3.2. 4.3.4, 4.4.4, 4. 5, 8.3.1, 10.1.2, 11.39, 11.3.1( Architect .......................................... 4.1 Architect, Definition of ............................... 4.1.1 Architect, Extent of Authority ........ 2.4, 3.12.6, 4 2, 4.3.2, 4.3.6, 4.4, 5.2, 6.3, 7.1.2, 7.2.1, 7.3.6, 7.4, 9 2, 9.3.1, 9.4, 9.5. 9.6.3, 9.8.2, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1,13.5.2,14.2.2,14.2.4 Architect, Limitations of Authority and Responsihility . 3.3.3, 3.12.8, 3.1 2.1 I, 4.1.2, -4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, q.2.13, 4.3-2, 5.2.1,7.4,9.4.2,9.6.4,9.6.6 Architect's Additional Services and Expenses .......... 2.4, 9.8.2, 1 1.3.1.1 , 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract .......... 4.2, 4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approvals 2.4, 3.5.1 , 3.10.2. 3.12.6, 3.12.8, 3. 18.3, 4.2.7 Architect's Authority to Reject Work .... 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architects Copyright ................................. 1.3 Architect's Decisions.......... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 142.4 Architect's Inspections ........... 4.2.2, 4.2.9. 4.3.6, 9.4.2, 9.82, 9.9.2, 9.10.1, 13.5 Architect's Instructions .. 4.2.6, 4.2.7, -1.2.8,4.3.7, 7.4.1, 1 2. I, 13.52 Architect's Interpretations ................. .4.2.11, 4.2.1 2, 4.3.7 Architect's On -Site Observ2tions ........ 4.2.2, 1.2.5, 4 3.6, 9.4.2, 95.1, 9.10.1, 13.5 Architect's Project Representative .... , ................ 4 2.10 Architect's Relationship with Contractor ....... 1.1.2, 32.1, 3.2.2. 3.3-3. 3.5.1, 3.7.3, 3.11, 3.12.8, 3.12.1 I, 3.16, 3.18, .4.2.3, 4.2.'f, -1.2.6, 4.2.12, 5.2, 6.2.2. 7.3.4, 9.8.2, 1 1 .3.7, 12 1, 13.5 Architect's Relationship with Suhcontractors .... 1.1.2, 4. 2 3, 4.2.4, •1.2.6. 9.6.3, 9.6.-1, 11 .3., Architects Representations ................. 9.4.2, 9.5.1, 9.10. 1 Ari hi(eCt\ SItC Visits ........ 4.2.2, -1.25. 4.2.9, 1 3.6, 9.-1.2, 9.5. 1, 9.8.2,-9 9?, 9. 10. 1, 13 i Asbestos ............................ ........... 10.1 Attorncc sFccs ........................ 3. 18.1 , 9.10.2, I O. I .-1 Award of .,�cparate Contracts ........................... 6.1.1 Award of Subcontracts and Other Contracts for Portions of the Work .............................. 5.2 Basic Definitions .................................... 1.1 ItiddingKcyuircmcnts ............... 1.1.1, 1.1.7,5.2.1, 11..4 1 Boiler and Machinery Insurance ..................... 11.3.2 Bunds,1.101 ...................................... 9.10.2 Bonds. 1'crlonn:mcc and Pavinent ..... 7.3.6.-1, 9.10.3, 1 1 .3.9, 11 .-1 Building Permit. .................................. Capitalization ....................................... 1.4 Certificate of Substantial Completion .................... 9.8 .2 Certificates for Payment ....... 4.2.5, 4.2.9, 9.3.3, 9.4, 9. 5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10 1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of inspection, Testing or Approval ..... 3.12.11, 13 5.4 Certificates of Insurance .................. 9.3.2, 9.10.2, 1 1 . 1.3 Change Orders ...... 1.1.1, 2.-1.1, 3.8.2.4, 3.11, 4.2.8, 4.3.3, 5.2.3, 7.1, 7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2 Change Orders, Definition of .......................... -.2.1 Changes........................................... 7.1 CHANGES IN THE WORK .... 3.1 1, 4.2.8, 7, 8.3.1, 9.3.1.11 10.1 .3 Claim, Definition of ................................. 4.3.1 Claims and Disputes ................ 4.3, 4.4. 4.5. 6.2.5, 8.3.2, 9.3.1.2. 9.3.3, 9.10.4, 10.1.4 Claims and Timely Assertion of Claims ................ 4.5.6 Claims for Additional Cost ........ 4.3.6, 4.3.7, -+.3.9, 6.1.1, 10.3 Claims for Additional Time ............ .i.3.6, 4.3.8, 4.3.9, 8.3.2 Claims for Concealed or Unknown Conditions ........... 4.3.6 Claims for Damages... 3.18, 4.3.9, 0.1.1, 0.2.5, 8.3.2, 9.5.1.2, 10.1.4 Claims Subject to Arbitration ................. 4.3.2, 4.4.4, -4.5 .1 Cleaning Up ................................... 3.15,6.3 Commencement of Statutory Limitation Period .......... 13.7 Commencement of the Work, -Conditions Relating to ....... 2.1.2. 2.2 1, 3.2.1, 3.2.2, 3.7.1, -).10.1, 3.12.6, 4.3.7, 5.2.1, 6.22,8.1.2,82.2,9.2.11.1.3, 11.3.6.11.4.1 Commencement of the Fork. Definition of ................ 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4. 5.2.1 Completion, Conditions Relating to ....... 3.1 1, 3.15, 4.2.2, -4.2.9, 9.-1.2, 9.8. 9.9.1, 9.10, 11.35, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND ......................... 9 Com,)lction, Substantial ......... 4.2.9, -4.3.52, 8.1.1, 8.1.3, 82.3, 9.8, 9.9.1, 122.2. 13.7 Compliance with Lacus ...... 1 i, 3.6, 3.7, 3.13, -1. 1. 1, 10. 2.2, 1 1.1, I1 i, 13. 1, 13.5.1,13.5.2,13.6,14.1.1,14.2.1.3 Concealed or Unknown Conditions ..................... 4.3.6 Conditions of the Contract .................. 1.1.1, 1.1.7, 6. 1.1 Consent, Written 1.3.1, 3.12.8, 3.14.2, 4.12, 4.3.4, 45.5, 9.32, 9.8.2, 9.9.1, 9.10.2, 9.10.3,10.1.2, 10.1.3, 1 1.3.1, 1 1.3.1.4 , l 1 i . 11, 13 2 , 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4, 6 Construction Change Directive, Definition of .............. 7.3 .1 Construction Change Directives .... I. I.1, 4.2.8, 7.1 , 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 0.l .3 Contingent Assignment of Subcontracts 5.4 Continuing Contract Performance 4.3.4 Contract, Dctinition of ............................... 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. .0.7, 5.4.1.1, 14 Contract Administration ..................... 3.3.3,.4, 9.1, 9.5 Contract Accord and llsecu6011, Conditions Relating to ...... 3.7.1, 3.11), 5.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Contract Documents, The ... ... 1.1, 1.2, 7 Contract Documents, Copies Furnished and 1'sc of. . . 1.3, 2.2.i, 5.3 Contract Documents, Dclinition of ..................... 1.1.1 Com act Perlormance During Arharation ............ 4.3.-4, .45.3 Contract Sum ................... 3.8, 1.3.6, -1.3.7, 4.4.-+. 5.2.3, 6.1.3, '.2, -.3, 9.1, 9.7, 11.3.1, 1 2 2A, 12.3, 1.4.2.4 Contract Sum, Definition of ............................ 9.1 Contract Tinic 4.3.6, 4.3.8, 1.4.4, 72.1.3. -.3, 8.2.1. 8.2.1. 8.3.1, 9.', 12.1.1 Contract Pint, Definition of .......................... 8.1.1 AIA DOCUMENT A201 • GFNFRAL CONDITIONS OF T'HE CONTRACT FOR CONS"rRUC"rlON • FOCRTEENTII EDITION 2 A201-1987 AIA" • )1987 T"I IE AkIERI(:AN INSTTT['TE OF AIi(:IiITF.(:'I'S, 1735 NI'.W YORK AVENUE, N.W., WASHINGTON, D.C. 2006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CONTRACTOR ....................................... 3 Contractor, Definition of ......................... 3.1, 6.1.2 Contractor's Bid .................................... 1.1.1 Contractor's Construction Schedules ............. 3.10,6.1 3 Contractors Employees ....... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 42.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Contractor's Liability Insurance ....................... 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2.4, 6, 12.2.5 Contractor's Relationship with Subcontractors ....... 1.2.4, 3.3.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship with the Architect .... 1.1.2, 3.2.1, 3.2.2, 3.3.3,35.1,3.7.3,3.11,3.12.83.16,3.18,4.2.3,4.2.4,4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Contractor's Representations. . 1.21, 3.5. l , 3.12.7, 6.2.2, 8.2.1, 9.3.3 Contractor's Responsibility for Those Pertorming the \Fork ................. 3.3.2, 3.18, 42.3, 10 Contractor's Review of Contract Documents ...... 1.2.2, 32, 3.7.3 Contractors Right to Stop the Work ..................... . 9.7 Contractors Right to Terminate the Contract .............. 14.1 Contractor's Submittals ....... 3.10, 3, 11, 3.12, 4.2.7, 5.2.1, 5.23, 7.3.6, 92, 9.3.1, 9.81, 9.9.1, 9.10.2, 9.10 3, 10.1.2, 1 1.4.2, 11.-1 ContcictorsSuperintendent ...................... 39, 1(11.6 Contractors Supervision and Construction Procedures...... 1.2.4, 33, 3.4, 4.2.3, 8.21, 8.1..3, 10 Contractual Liability Insurance ................. 11.1.1.7, 11.2.1 Coordination and Correlation ............. 1 .22, 1.2. i, 3.3.1 , 3.10, 3.12.7, 6.1.3, 62.1 Copies Furnished of Drawings and Specifications ... 1 3, 2.2.5, 3.1 1 Correction of Work ..................... 2.3, 2.4, 4.2.1, 9.8.2, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Cost, Definition of ............................ 7.3-6, 14.3.5 Costs .... 2.4, 3.2.1, 3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1, 5.2.3, 6.1.1,6.2.3,6.3,7.333,7.3.6,7.3.7,9.7,9.8.2,9.10.2, 11.3.1.2, 11 3.1.3, 11.3.4, 11.3.9, 12.1, 12.2.1, 12.2.4, 12.2.5, 13.5, 14 Cutting and Patching ........................... 3.14,6.2 ' 6 Damage to Construction of Owner or Separate Contractors 3.14., 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Damage to the Work ..... 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 1 1.3 Damages, Claims for .. 3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1,4 Damages for Delay .................... 6.1.1, 8.3.3, 9.5.1.6, 9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Date of Substantial Completion, Definition of .............. 8.1.3 Day, Definition of ................................... 8.1.4 Decisions of the Architect ...... 42.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3,73.6, 7.3.8, 8.1.3, 8.3.1, 91, 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. t .1 .3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3, 2.4, 3.5.1, 4.2.1, 4.2.6, 4.3.5, 9.5.2, 9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3 Defective Work, Definition of 3.5. l Definitions. 1. 1, 2.1.1, 3.1, 3.5.1, 3,12.1, 3.12.2, 3.1 2.3, 4.1.1, -1.3.1,5.1,0.1.2,7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1 Delays and Extensions of Time .......... 4,3 1 , 4.3-8. 1, 4.3.8.2, 6.1.1, 0.2.3, -2.1, 7.3.1, 7.3.4, 7.35, 7.3.8, 39, 8.1.1 , 8.3, 10.3.1, 14.1. I.4 Disputes 4. l .-i, 4.3, +. 1, 45, 6.2.5, 6.3, 7.3.8, 9.3.1.2 Documents and Samples at the Site .. ................... 3.11 Dr.m mgs. Definition of .......... ........ .......... 1.1.5 Drawings and sperilications, 1'sc and c )wncrship of..... 1. 1. I, 1. 1, 2.2.5, 3.11, 5.3 Duty to Revicw Contract Documents and Field Conditions ..... 3.2 Ifttcctisr I)ateoflnsurance ...................... 8.22, 11.12 0 Emergencies ................................. 4.3.7,10.3 Employees, Contractor's .......... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18.1, 3.18.2, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Equipment, Labor, Materials and .......... L 1.3, 1.1.6, 3.4, 3.5.1, 3.8.2,3.12.3.3.12.7,3.12.11,3.13,3.15.1,4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3-3, 11.3, 12.2.4, 14 Execution and Progress of the Work ....... 1.13, 1.2.3, 3.2, 3.4.1 , 3.5.1, 4.2.2, 4.2.3, 4.3.4, 4.3.8, 6.2.2, 7.1.3, 7.3.9, 8.2, 8.3, 9.5, 9.9.1, 10.2, 14.2, 14.3 Execution, Correlation and Intent of the Contract Documents .......................... 1.2, 3.7.1 Extensions of Time ............. 4.3.1, 4.3-8, 7.2.1.3, 8.3, 10.3.1 Failure of Payment by Contractor .............. 9.5.1.3, 14.2.1.2 Failure of Pavment by Owner 4.3.7, 9.7, 14.1 .3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ........ 42.1, 4.2.9, 431, 4.3.5, 9.10, 11.1.2, 11.1.3, 11.35, 12.3.1, 13.7 Financial Arrangements, Owner's ....................... 2.2.1 Fire and Extended Coverage Insurance ................... 11.3 GENERAL PROVISIONS ................................ 1 Governing Law .................................... 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials ............................ 10.1 , 10.2.4 Identification of ('.ontrgc't Documents ........ _ .......... 1.2.1 Idcntilication of Subcontractors and Suppliers ............. 5.2.1 Indemnification ....... 3-l-, 3.18, 9.10.2, 10.1.4, 1 1.3.1.2, 1 1.3.7 Information and Services Required of the Owner..... 2.1.2, 2.2, 1.3.4, 6.1.1, 6.1.4, 0. 2.0, 932, 9.6.1,9.6.4, 9.8.3, 9.92, 9.10.3, 10. L4, 1 1.2, 1 1.3. 13.5.1, 13 5.2 Injury or Damage to Person or Property ................ 4.3.9 Inspections ......................... 3.3.3, 3.3.4, 3.7.1, 41.2, 4.2.6, 41.9, 4.36, 9.-1.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Instructions to Bidders ............................... 1.1. 1 Instructions to the Contractor .... 3.8.1, -1.2.8, 5-2.1, 12. 1, 13.5 .2 Insurance ....... 4 3.9. 6.1.1, 7.3.6.4, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability ...................... 11.1 Insurance. Effective Date of ..................... 8.2.2, 11.1.2 Insurance, Loss of Use ............................. 1 1.3.3 Insurance, Owner's Liability .......................... 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials .................... 9.3.2, 11.3 1.4 INSURANCE AND BONDS ............................. 11 Insurance Companies, Consent to Partial Occupancv .. 9.9-1, 1 1 3.1 1 Insurance Companies. Settlement with ................. 11.3-10 Intent of the Contract Documents ................ 1 2-3, 3.12.4, 4.2.6. 42.7, 4.2.12, 4.2.13 , 7.4 Interest ........................................... 13.6 Interpretation ........ 1.2.5, 1. i, 1. 5, 1.1.1, 4.3.1, 5.1, 6.1 ?, 8.1.4 Interpretations, Written .................. 42.11, 41.12, 4.3.7 Joinder and Consolidation of Claims Required ............. 45.6 Judgment on Final Award ................ .i.5,1, 4.5.4.1, 4.5.7 Labor and Materials, F(Impmcnt .... 1.1.3, 1.1.0, 3.4, 3.5.1, 3.8.2, 3.122, 3.123, 3.12.7, 3.12.11, 3.13, 3.15.1, -i.2.7, 6.2. 1, i.6, 9.3.2, 93.3, 12.2.4, 14 LaborDisputcs..................................... 8.3.1 Laws and Regulations ....... 1. 3, 3.0, i.7, 3.1 3, 4.1.1, 4.5.5. 4.5.7, 9,9A, 10.2.2, 1 1 . 1 , 1 1 .3, 1 3. 1 , 1 3.4, 13-5-L 13.5.2, 13.6 Licns .................. 2. 1.2, i.32, 0.5.1,8.2.2,9-3-3,9.10,2 Limitation on Consolidation or Joinder 4.5.5 Limitations, statutcsof ................... 4.5.4?, 122.6, 13.7 Limitations ofAuthorifv .................... 3.3.1, 1.1.2,42. 1, 4.2.3, 4.2.7, 4.2.10, 5.2.2, 51.4, 7.4, 11.3. 10 AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONS'T'RUCTION - FOI'RI EENTH EDITION AIA' - ! 1987 THE AMERICAN INSTITIA E OF ARCHITECTS, 1735 NEW YORK AVENI'E, N.W., WASHINGTON, U.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 3 Limitations of Liability ..... 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.10.4, 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2 Limitations of Time, General ........... 2.2.1, 2.2.4, 3.2.1, 3.7.3, 3.8.2, 3.10, 3.12.5, 3.15.1, 4.2.1, 4.2.7, 4.2.11, 4.3.2, 4.33, 4.3.4,4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 5.2.3, 6.2.-f, 7.3.4, 7.4, 82, 9.5, 9.6.2, 9.8, 9.9, 9.10, 11,1.3, 11.3.1, 11.3.2, 11.3.5, 11-3.6, 12.2.1, 12.2.2, 135, 13.7 Limitations of Time, Specific ......... 2.1.2, 2.2.1, 2.4, 3.10, 3.1 1, 3.15.1,4.2.1,4.2.11,4.3,4.4,4.5,5.3,5.4,7.3.5,7.3.9,8.2, 9.2,9.3.1,9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2, 11.1.3, 11.3.6, 11.3.10,11.3.11,12.2.2,12.2.4,12.2.6,13.7,14 Loss of Use Insurance ............................. 11.3.3 Material Suppliers .............. 1.3.1, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3.1,9.3.1.2,9.3.3,9.4.2,9.6.5,9.10.4 Materials, Hazardous 10. 1, 101.4 Materials, Labor, Equipment and ..... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, -1.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 Mcans, Methods, Techniques, Sequences and Procedures of Construction .......... 3.3.1, 4.2.3, 4.2.7, 9.4.2 Minor Changes in the Work .......... 1.1.1, 4.2.8, 4.3.7, 7.1, 7.4 MISCELLANEOUS PROVISIONS ........................ 13 Modifications, Definition of ........................... 1.1.1 Modifications to the Contract ........... 1.1.1, 1.1.2, 3.7.3, 3. 11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7 Mutual Responsibility ................. I .............. 6.2 Nonconforming Work, Acceptance of .................. 12.3 Nonconiorming Work, Rejection and Correction of ........ 2.3.1, 4.3.5, 9.52, 9.8.2, 12, 13.7.1.3 Notice ............. 2.3, 2.4, 3.2.1, 3.2.2, 3.7.3, 3.7.4, 39, 3.12.8, 3.12.9.3.17,4.3,4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1, 95.1, 9.6.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11 3, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14 Notice, Written ............... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9. 10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Notice of Testing and Inspections ................ 13.5.1, 13.5 .2 Notice to Proceed ................................... 8.2.2 Notices, Permits, Fees and ...... 2.2-3,3.7, 3.13, 7.3.6.4, 10.22 Observations, Architect's On -Site ................. 4.21, 4.25, 4.3.6,9.41,9.5.1,9.10.1, 13.5 Observations. Contractor's ....................... 11.2, 3.22 Occupancy ......................... 9.6.6, 9.8.1, 9.9, 1 1.3.11 On -Site Inspections by the Architect .......... 4.2.2, 42.9, 4.36, 9.4.2,9.82,9.9.2,9.10.1 On -Site Observations by the Architect ......... 1.2.2. 41.5, 4.3.6, 9.4.2, 9. 1, 9.10.1, 13.5 Orders, Written ............ 2-3,3.9, +.3.7, 7, 8.2.2, 11.39, 12. 1, 122, 135.2, 14 3.1 OWNER............................................. 2 Owner, Definition of ................................. 2.1 Owner, Information and Services Required of the ........ 2.1.2. 2.2, 4.3.-1, 6, 9, 10.1.1, 112, 1 1.3, 13.x.1. 1-1.1.15, 1-1.1.3 Ownc•r'sAuthorit.......... 3.8.1,-1.1.3, 12-9,5.2.1.5.2.1,5.-+.I, 7.3.1, 8.2.2, 9.3.1, 9.3.2, 11.4.1, 12.2.1. 13 i 2. 1-4 2, 1 ,.3.1 Owner's Financial Capahility ................... 2.2. 1, 1 1. 1. L5 Owner's Liability Insurance .......................... 11.2 t hvncr s U Is,' 1 t I'sc h1surinc'c ........................ 11.3.3 0%% ner's Relationship with Subcontractors ............... 1.11, 52.1, 5.,t. 1, 9.0. 1 Owner's Right to Carry Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Owner's Right to Clean Up ............................ 6.3 Owner's Right to Perform Construction and to Award Separate Contracts ......................... 6.1 Owner's Right to Stop the Work ................... 2.3,-4-3.7 Owner's Right to Suspend the Work ..................... 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents ................ 1.1.1, 1.3, 2.2.5, 5.3 Partial Occupancy or Use ................. 9.6.6, 9.9, 1 1.3.11 Patching, Cutting and .......................... 3.14, 6.2.6 Patents, Royalties and 3.17 Payment, Applications for ................ 4.2.5, 9.2, 9.3, 9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 Payment, Certificates for ........... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1. 9.6.6, 9.'.1, `).8 -1, 9.10.1. 9.10.3, 13.7, 1-1.1.1.3, 14.2.4 Payment, Failure of. ....................... t.3. , 9.5.1.3. 9.7, 9-10-2, li.l.l.i, 1•t.2.1.2 Payment, Final ............ i. 2. 1. -1. 2.9, -1. 3. 2, -1.1.5, 9.10, 1 L L" 11.1 3, 11.3.5, 12.3.1 Payment Bond, Performance Bond and .............. 7.3.6.-1, 9.10 i, 11.3.9. 11.4 Payments. Progress ............. . ....... . .... 1.3.4, 9.3, 9.6, 9.8.3, 9.111.3, 1 3.6, 1-+.2.3 PAYMENTS AND COMPLETION ...................... 9, 14 Payments to Subcontractors .................... 5. 1.2, 9.5. l .3, 9.6.2, 9.6.3, 9.6.-4, 11.3.8, 141.11 PCH.............................................. W.1 Performance Hondand Payment Bond ................. 7.3.6.-1, 9:11).3, 11.39. 11.-1 Permits, Fees and Notices ....... 2.2.3.3.7, 3.13. 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlorinated Oiphcnvl ............................. 10.1 Product Data, Dcfmition of ........................... �. 12,2 Product Data and Samples, Shop Drawings .... 3.1 1, 3.12, t 1? Progress and Completion ... ............... 1.2.2, -1.3.-4, 8.2 Progress Payments ............................ 4.3.-t, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 Project, Definition of the ............................. 1.1.4 Project Manual, Definition of the ...................... 1.1.7 Project Nlanuals.................................... 2.25 Project Representatives ............................. .+.2.10 Property Insurance .. ........................ 10.25,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ............ 1.3, 36, 3.7, 3.1 3, 4. L 1, 455, 4.5.7,10.2.2,11.1,11.3,13.1,13.-t, 13.5.1, 1351, 13.6, 14 Rejection of Work ......................... 3.5.1, 42.6, 12.2 Releases of Waivers and Liens ......................... 9. 10.2 Representations ......................... 111, 35.1, 3. 1 2.7, 6.2.2, 8.2.1, 9.3.3, 9.-1.2, 9.5.1 , 9.8.2, 9. 10. l Representatives ............................ 2.1.1, 3.1.1, 39, 4.1.1, 1.2.1, -+.2.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes .................. 4.4, -+.5 Responsibility for Those Performing the Work ............ 1-3 2, 4.2. i, 6.1.3, 61, 10 Retainage ............... 9.3.1, 9.6.2,9.8-3. 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor ............ 1 2.2, 3.2, 3.7.3, 3-12.7 Review of Conlractor'.ti .Submittals by O wnerand Architc(t ............. 3.10.1, 3.102,3.11, 3.12, 4.3.7, -i._'.9, 51.1, 5.2.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor ........................ 3.12.5 Rights and Remedies ............. 1 . l .2, 2.3, 2.4, 3,5.1 , 3.15>, 4.2.6, 4.3.6,4.5,5.36.1,6.3,7.3.1,8.3.1,95.1,9.7, 10.2.5, 10.3, 122.2, 12.2.4, 13.4, 14 Royalties and Patents ............................... 3.17 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACTFOR CONSTRUCTION • FOURTEENTH EDITION 4 A201-1987 AIA • U 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2W06 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. • Rules and Notices for Arbitration ..................... 4.5.2 Safety of Persons and Property ....................... 10.2 Safety Precautions and Programs ........... 4.2.3, 4.2.7, 10.1 Samples, Definition of .............................. 3.12 .3 Samples, Shop Drawings, Product Data and ... 3.11, 3.12, -1?.7 Samples at the Site, Documents and ................... 3.11 Schedule of Values ............................. 9.2, 9.3.1 Schedules, Construction .............................. 3.10 Separate Contracts and Contractors .......... 1.1.4, 3.14.2, 4.2.4, 4.5.5, 6, 11.3.7, 12.1.2, 12.2.5 Shop Drawings, Definition of ......................... 3.12.1 Shop Drawings, Product Data and Samples .... 3.11, 3.12, 4.2.7 Site, Use of .............................. 3.13, 6.1.1, 6.2.1 Site Inspections ... 1.2.2, 3.3-4,4.2.2. 4.2.9, 4.3.6, 9.8.2, 9.10.1, 13.5 Site Visits, Architect's ................. 4.2.2, 4.2.5, 4.2.9, 4.3.6, 9.4.2. 9.5.1, 9.8.2, 9.9.2, 9.10.1. 13.5 Special Inspections and Testing .............. 4.2.6, 12.2.1, 13 c; Specifications, Definition of the ....................... 1.1.6 Specifications, The .......... 1.1.1, 1.1.6, 1.1.7, 1.2.4, 1.3, 3.1 1 Statutes of Limitations .................... 4.5.4.2, 12.2.6, 13.7 Stopping the Work ............. 2.3, 43.7, 9.7, 10. 1 .2, 10.3, 14.1 Stored Materials ........... 6.2.1, 9.3.2, 10.2.1.2, 1 1 3.1.4, 12.2.4 Subcontractor, Definition of ........................... 5. L 1 SUBCONTRACTORS .................................. 5 Subcontractors, Work by .................. 1.2.4, 3.3.2, 3.12.1, 4.2.3, 5.3, S.-4 Subcontractual Relations .............. 5.3, 5.4, 9.3.1.2, 9.6.2, 9.63, 9.6.4, 10.2.1, 17.3.7, 11.3.8, 1.1.1.1, 14.2.1.2, 14.32 Submittals ......... 1.3, 3.2.3, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 73.6, 9.2, 9.3.1, 9-8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11. 1.3 Subrogation, Waivers of ................. 6.1.1, 11.3.5,11.3.7 Substantial Completion ............. 4.2.9, 4.35.2, 8.1.1, 8.1.3, 8.23, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of .................... 9.8. 1 Substitution of Subcontractors .................... 52.3, 5.2.�i Substitution of the Architect ............................ 4.1 .3 Substitutions of Materials ............................. 3.5.1 Sub -subcontractor, Definition of ....................... 5.1.2 Subsurface Conditions ............................... 4.3.6 Successors and Assigns ............................ 13.2 Superintendent ............................... 3.9, 10.2.(, Supervision and Construction Procedures ...... 1.2.4, 3.3, 3.4, 4.2.3, 4.3.-4, 6.1.3, 6.2.4, 7.1.3. 73.4, 8 2, 83.1, 10, 12, I-1 Surcty ............... 4.4.1, 4.4.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2. 2 Surcty, Consent of ....................... 9.9.1, 9.10.2, 9.10. i Surveys ..................................... 2.2.2. 3.18.1 0 Suspension by the Owner for Convenience ............. 14.3 Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspension or Termination of the Contract ...... 4.3.7, 5.4.1.1, 14 Taxes ...................................... 3.6, 7.3.6.4 Termination by the Contractor ........................ 14.1 Termination by the Owner for Cause ............. 5.4.1.1,14.2 Termination of the Architect .......................... 4.1.3 Termination of the Contractor ........................ 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Tests and Inspections ..... 3.3.3, 4.2.6, 4.2.9, 9.42, 12.2.1, 13.5 TIME............................................... 8 Time, Delays and Extensions of .............. 4.3.8, 7.2.1, 8.3 Time Limits, Specific ......... 2.1.2, 2.2.1, 2.4, 3.10, 3.1 1, 3.15. 1, 4.2.1, 4.2.11, 4. 3, -4. -1, 4.5, 5.3, 5.4, 7.35, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.0.1, 9.7, 9.8.2. 9.10.2, 11.1.3, 11.3.6, 113 .10, 11 .3. 1 1 , 12.2.2, 12.2.-4, 12.2.6, 137, 14 Time Limits on Claims ......... -4-3.2, 4.3.3, -4.3.6, 4.3.9, 4.4, 4.5 Title to Work ................................. 9.3._2. 9.3.3 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovering of Work ................................ 12.1 Unforeseen Conditions ..................... 4.3.6, 8.3.1. 10.1 Unit Prices .................................. 7.1.4, 7. 33.2 Use of Documents ................. 1 .1.1 , 1.3, 2.2.5, .3.12.7, 5.3 Use of Site .............................. 3.13, 6. l . l , 6.2.1 Values, Schedule of ............................ 9.2,93 1 Waiver of Claims: Final Payment ........... 4.3.5, 45.1, 9.103 Waiver of Claims by the Architect ...................... 13.+2 Waiver of Clain)s by the Connector......... .9. 10.4, 1 13.7, 13.4.2 Waiver of C.Wins by the Owncr .............. 435, 4.5.1, 9.9.3, 9.10.3, 11.33, 11 3.5, 11 3.7, 13.4.' WX iverofLiens .................................... 9.10.2 \V" iivers of Subrogation ................... 6. 1 .1 , 1 1 .3.5, 1 13.7 Warranty and Warranties ......................... 3.5, -t.2.9, 4.3.5.3, 9.3.1, 9.8.2, 9.9.1, 12.2.2, 13.,.1.1 Weather Dclays................................... 4.3.8 2 When Arbitration May Be Demanded .................. 4.5.4 Work, Definition of ................................. 1.13 Written Consent .............. 1.3. I, 3.12 8, 3.14.2, -i. 1.2, 4.3.4, 455, 9.12, 9.8.2, 9.9.1. 9.10.2, 9.103, 10.1.2, 10.1.3, 1 1.3. 1, 1 1. 3. 1. 4. 11.3 11, 13 2. 13.4.2 Wiitten Interpretations ................... 1.2.11, ,1.2.12, 4.3.7 Written Notice ........... 2.3, 2. 1, 3.9. 3.1 2.8, 3.1 2.9, -13, 4.4.4, 4.5, 5.2.1. 5. -1, 5.4.1.1, 8.2.2. 9 1. 1, 9.i.1. 9.-, 9.1O, 10.1._', 10.2.6, 11.1.3. 11.3, 12.2.2. 12.2.4, 13.3, 13.5.2, 14 Written Orders .............................. 2. 3, 1. 9, 4 3.,. 8.2.2, 113,9. 12.1, 1 2.2, 13.5.2, 14.3 .1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSI RUCTION • FOURTEENTH EDITION AIA' • u 1` 8- "fIIF: AMERICAN INSTIT('TE OF ARCIIITECTS, 1735 NF.\X' PORK A%'F.N('E, N.\X'., \X'ASHING"I'ON, D.C. 2uu(K) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 5 0 4 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub - subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The DraNvings are the graphic and pictorial portions of the Con- tract Documents, wherever located and w hcneyer issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ulcs and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents con.,isting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for (he Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not s;gn all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them .md will retain all common law, st.uutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solcly with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub - subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 • GFNERAL CONDITIONS OF THE CONTRACT FOR CON,YrRU'CTION • FOURTEENTH EDITION 6 A201-1987 AIA • ry 1987 111E AMERICAN INSTI'I'I'TE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 21N1(k WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any'' and arti- cles such as ''the'' and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner'' means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER. 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. (Note: Unless such reetsonuble evidetwe ivere f trnisbed on request prior to lbe execution o% the -I [;revmeitt, lbe prospective contrcictur woulti not be required to execute the Agreement or to commence the VV'ork.l 2.2.2 '1 he Owncr shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site ..f the Project, and a legal description of the site. 2.2.3 Except for permits and fees which arc the responsibility of the Contractor under the Contract Documents, the 0,v ner ~hall secure and pay for necessary approvals, casements, asscss- • ments and charges required for construction. use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals is are reasonably necessary for execution of the Work. 2.2.6 TIIe foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especialh- those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 1 I (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof. until the cause for such order has been eliminated: hovtieyer, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 0 1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance Nvith the Contract Documents and fails %yithin a seven-day period atter receipt of v.ritten notice from the ONvncr to commence and continue correction of such default or neglect ,yith diligence and promptness, the O« ner may after such seven-day period give the Connector a second written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seyen- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner my a have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from pavments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the O,,vncr and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents :ts if Singular in numhcr. The term ''Contractor'' means the Connector or the Contractor's authorized representative. AIA DOCUMENT A201 - GENERAL CONDITIONS OF I'IIE CONTRACT FOR CONSfRCCTION - Fc)l'RTEEN'1'H EDITION AIA ` - ; 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A%'ENt'E, N.W., WASHINGTON, D.C. 20111X3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 7 F 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owncr pursuant to Subparagraph 22.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly tailed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents ,vithout such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear arl appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall he solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and f Or coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instrtac- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for lahor, materials, equip- ment, tools, construction equipment and machinery, water. heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the AFork, whether temporary or permanent :and whctbcr or not incorpo- rated ur to he incorporated in the Work. 3.4.2 The Contractor shall crifo rce strict discipline and good order :unong the Contractors employees ;Ind other persons earning out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment fitrnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may he considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satistiactory evidence al_s to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer. use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bias are received or negotiations concluded, whether or not qct effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 l'nless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work "Ouch are customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply -,with and give notices required by laws, ordinances. rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, hilt the Contractor s11AII not he required to employ persons or entities :against which the Contractor makes reasonable objection. 3.8.2 l'nlc>s otherwise provided in the Contract Documents: .1 materials :and equipment under an allovyance shall be sclrctcd promptiv by the O%yncr to avoid delay in the \Fork; .2 allowance's shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; AIA DOCUMENT A201 - (;ENERAI. CONDITIONS OF II IF. CONTRACT FOR CONSTRI'(:"I [ON - Fot'RTEEN"rH EDITION 8 A201-1987 AIA' - (J1987 "rHE AMERICAN INSTITUTE OF ARCHITECTS. I'i5 NEVI' YORK AyENt E, N \X'., \X ASIIINGTON. DC, 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cahle execution Of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- forniancc charts, instructions, brochures, diagrams and other int ormation furnished by the Contractor to illustrate materials or equipment for some portion Of the Work. 3.12.3 S:impIcs ;ire physical ex:rnples which illustrate materials, equipment or workmanship and esCahlish standards by %%hick the Work will he judged. 3.12.4 Shop Drawings, Product Data, Samples and simiLir Sub- mittals are nut Contract Documents. The purpose of their sub- mittal is to demonstrate for those portions of the Work for LJ which submittals are required the way the Contractor proposes to confirm to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals ;vith the requirements of the Work and of the Contract DOCUmetl[S. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has Specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Dra%vings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall he entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unrcasonahly encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall he responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properlti. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully Or partially completed constriction of the Owner or separate contractors by cutting, patching or other- ,�visc altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 • GENERAL CONDI"PIONS OF TILE CONTRACT FOR CONSIRt'CTION • FOURTEENTH EDITION AIA ` • :4 19M-11 I EA.4IERICAN INSTITUTE OF ARCH ITECTS, 1735 NEW YORK AyENVE, N.W., WASHINGTON, D.C. 204)(K) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct Of a particular manufacturer or manufacturers is required by the Contract Documents. Ilowever, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnity and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not Such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly"employed by them or anyone for whose acts they may be liable, the indemnifica- lion obligation under this Paragraph 3.18 shall not be limited by A limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability hencfit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- -0 feet's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authoritw of the Architect as set forth in the Contract Documents shall not he restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not he unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall he subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con - AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • fOURTEENT11 EDITION 10 A201-1987 AIA^ • U 1987'riiE AMERICAN INSTITUTE OF ARCIiITECTS, 1735 NEW YORK AVENUE, N.Vt'., WASIIINGTON, D.C. 20(W, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall he through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 135.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons pertornr- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such :is Shop Drnvings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract DoCu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise .specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of in assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owncr's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and mill not he liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest Nvith the party making the Claim. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.-1. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (l) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been relcrred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within i 1 clays after occurrence of the event giving rise to such Claim or within 2I clays after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONS•FRUCTION - FOURTEENTH EDITION AIA - 198' THE AMERICAN INSTITUTE OFARCIIITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20106 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 11 s 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 2 l days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materi:illy and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be tiled in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Conmict Timc, written notice as provided herein shall be given. 'Che Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data -• substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either parry to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (-+) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived Its provided for in Subparagraph 4.3.5. Stich controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph .1.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONS FRUCTION • FOUR'il'FNTH EU11'1ON 12 A201-1987 AIAt • :c)1987'111E AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.c. 21HH10 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the parte making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause -+.5.+.' as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 1,1.7. 4.5.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any tither person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor ora separate contractor is described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsihility is insubstantial. Consent to arbitration involving in additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or dcscribcd therein. The fore- going atgrecntent to arbitrate and other agreements to arbitrate tt ith a n additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable undcr appli- cable lane in am' court having jurisdiction thereof. E 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity nvho has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the \York. The Architect will promptly reply to the Con- tractor in xvriting stating whether or not the Owner or the Architect, atter due investigation, has reasonable objection to any such proposed person or entity. Failure of the O%vner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to -,vhom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to Nvhom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whoa) the Owner or architect has no reasonable objection. The Contract Sum shall be increased or ciccreascd by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no incrcatsc in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names its required. 5.2.4 The Contractor shall not change a Subctrtitractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEF'NTH EDIIIoN AIA' - 198- THE AMERICAN INSTITUTE OFARCHITECTS, 1715 NEW YORK AyENt'E, N.%,., WASHINGTON, D.C. 20(KXi WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 13 • 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance :and waiver of subrogation. If the Contractor claims that delay Or additional cost is involved because of such action by the (Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awardcd for different por- tions of the Project ur other construction or operations on the site, the term "Contractor'' in the Contract Documents in each case shall mean the Contractor who executes each separate ()%% ncr-COntractor Agreement. E 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractors con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost :unong 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 - 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 2(NX)G WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis tix :adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, Without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based On One of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufticicnt substantiating data to per- mit cyaluation; .2 unit prices stated in the Contract Docmnetus or suh- sequcntly agreed upon; • .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the hasis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of in increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, inducting social security, old age and uncrnploymcnt insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs Of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner tier a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When hath additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the hasis of net increase, if any, with respect to that change. 7.3.8 11 the Owner and Contractor do not agree with the aadjusnncnt in Contract Time or the method for cletcrmining it, the adjusuncnt or the method shall be reterred to the Architect for cletcrntination. 7.3.9 Wlic-n the Owner and Contractor agree with the dcter- mination made by the Architect concerning the atdjusnnents in the Contract Sunt and Contract Time, Or otherwise reach atgre•e- ntent upon the adjustments, such agreement shall he effective inunediattcly and shall he recorded by preparation and execu- tion of an appropriate Change Order. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONS IRUCT'ION - FOUR] FENTH EDITION AIA' - ,c; 1987 THE: AMERICAN INSTITt ITE of ARCI IITECTS, 1735 NEW YORK Ayt{NUE, N .W , WASHINGTON, D.C. 2(H)06 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 15 • 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized- adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the .Architect in accordance with Paragraph 9.8. 8.1.4 The term ''day'' as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or clsev. here prior to the effective (late of insurance required by Article 1 I to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the etfectiye date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes bevond the Contractor's control, or by delav authorized by the Owncr pending :uhitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Orctcr for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 1.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of cLun- agcs for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 Thr Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the O),yner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Bcti�rc the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and Sup- ported by such data to substantiate its accurtcv as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the elate established for each progress payment. the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance %with the schedule of yalurs. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Ovyncr or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and rctlecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have heen properly authorized by Construction Change Directives butnot yet included in Change Ordcrs. 9.3.1.2 tiuCII applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Suhcontractor or material supplier bCCAISC of a dispute or other reason. 9.3.2 Vnlrs.s otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably Mored at the site for subsequent incor- poration in the Work. If approved in advance by the Ovyner, payment may similarly be made for materials and equipment suitahly stored off the site at a location agreed upon in �yriting. Payment for materials and equipment stored on or off the site shall he conditioned upon compliance by the Contractor with procedures satisfactory to the O,,vner to establish the ONyner's title to such materials and equipment or othenyise protect the Owncr's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment \\ ill pass to the Owner no later than the time of payment. The Contractor further warrants that Upon submittal of an :Application for Payment all \Work for xyhich Certificates tier Payment have been previously ItiSIIC(l and p:n nu•nts receiyrd from the Owner shall, to the hest of the Contractor's knowledge, information and belief, be tree and char of liens, claims, security interests or enc unthrances in favor of the Contractor. Subcontractors, material supplirt:,, or other persons or entities making a claim by reason of haying provided Libor, m:urrials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect a ill, within seven days atter receipt of the Contractor's Application lin" Paymcnt, either issue to the AIA DOCUMENT A201 •GENERAL CONDITIONS OF THE CONTRACT FOR CO" STRCCI ON • fOI:RITENT11 EDITION 16 A201-1987 AIA" • 1987"1 HE AMERICAN INSTI'I'I;TE OF ARCtITE(A S, I'i5 Nfi�C" YORK AVENUE, N.W., WASHINGTON. D.0 200IX, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. i Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Pavment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Pavment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Pavment will further constitute a representation that the Contractor is entitled to payment in the :mount certified. However. the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architects opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the anunult of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of suhscqucntly discovered evidence or subsequent observations, may nullif\' the whole or a part Of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because Of: .1 defective Work not remedied; .2 third party claims tiled or rcasonahlc evidence indicat- ing probable tiling of such claims; .3 failure of the Contractor to make payments prop- crly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot he com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor: .6 rcasonahlc evicicnce that the Work will not he conT- plcted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance vmh the Contract Documents. • 9.5.2 When the above reasons tier -,yithholding certification are removed, certification will be made liar amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except ,is may otherwise be required by lane. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6?, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance Vvith the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Pavment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or aNvarded by arbitration, then the Con- tractor may, upon seven additional clays' written notice to the Owner and Architect, stop the Work until payment of the amount oxving has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work %vhcn the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprchrnsive list of items to be completed or corrected. The Contractor shall proceed promptly to conT- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list. the Architect will make in inspection to determine whether the Work or desig- AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRICTION - FOGRTEENTH EDITION AIA'- - '- 198- TIll: AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK Ay ENI'E, N.W., WASHINGTON, D.C. 20(M WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 17 0 nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.3 ['poll Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting ;adjustment in retainage, if any, for such Fork or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such Portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 1 1.3.1 1 and authorized by public authorities having jurisdiction over the Work. Such Partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 immediately prior to such partial occupancy or use, the Owncr, Contractor and Architect shall jointly inspect the area to be occupied or portion of.the Work to be used in order to determine and record the condition of the Work. 9.9.3 1'nicss otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 I'pon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application liar Payment, the Architect will promptly make 0 - such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Pavment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become clue until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected xvith the Work for which the Owner or the Owners property might be responsible or encumbered (less anxxu1lS withheld by Owner) have been paid or otherwise satisfied, (?) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not he cancelled or alloNvcd to expire until at least 30 days' prior written notice has been given to the Owncr, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not he renewable to cover the period required by the Contract Documents, (+) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indeinnifv the O-,vner against Such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all monev that the Owner may be compelled to pan in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shrill, upon application by the Contractor ;and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not ftil1v com- pleted or corrected is less than retaina gc stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the halance clue for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claiAls. The making of final payment Shall constitute a waiver oC claims by the Owner as pfovided in Sub- paragraph 4.35. 9.10.4 Acceptance of final payment by the Contractor, ;t Sub- contractor Or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time Of final Application Ior Payment. Such waivers shall be in addition to the waiver described in Subparagraph +.35. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 18 A201-1987 AIA" • ", I9H7 TT HE AMERICAN INSTITUTE OF ARCIIITECT:S, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(x)06 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article -t. 10.1.3 The Contractor shall not be required pursuant to Article to perform without consent any Work relating to asbestos or polvchlorinatcd biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owncr shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, ur to injury to or destruction of tangible property (other than die Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the O,,veer, anyone directly or indirectly employed by the Owner or anyone for whose acts the Ovvner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of inde11111ity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, And shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or oat the site, under care, custoth, or control of the Contractor or the Contractors Subcontractors or Sub -Subcontrac- tors; and .3 other property an the site or adjacent thereto, such as nres, shrubs, I.M11S, walks, pavements, roadvyans, stuctures and utilities not designated for removal, relo- cation or replacement in the course of construction. 0 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1? and 10.2.1-3 caused in -whole or in part by the Contractor, a Subcontractor, a sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractors obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 'Che Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened daunage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be li;thle: .1 claims under workers' or workmen's compensation, disahility benefit and other similar employce benefit acts which are applicable to the Work to 7x performed; AIA DOCUMENT A201 - GENT RAL CONDITIONS OF THE CONTRACT FUN CONSTRI'CT'ION - F0('RTFENTH EDITION AIA - 1'18' THE AMERICAN INST1Tt:'rE OF ARCHITECTS, 1735 NEW YORK AVF:NI'E, N.W., WASHINGTON, D.C. 2(XJ00 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 19 .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or cliscase, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty. including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be vN ritten fix not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from (late Of commencement of the Work until (tate of final payment and termination of any coverage required to be main- Clincd after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are rcason- ahly available, an additional certificate evidencing continuation of such coverage shall he submitted with the final Application for Payment as required by subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 t nless other\Vise provided, the O\vner shall purchase and maintain, in a company or companies la\V(ully authorized to do business in the jurisdiction in which the Project is loratcd, property insurance in the :urtount of the initial Con- tract Sunt as \\ell ass subsequent modifications thereto for the entire W ark at the site on a replacement cost hasis without vol- untary dCductlhles. Such property insurance shall be main- tained. unless othcrvvise provided in the Contract DoCuments ur ot11cr\Vise agreed in writing by all persons and entities \Vho .,rc heneticiarics of such insurance, until final payment has hCCII made as pro\ idcd in Paragraph 9. Irl or until no person or entity • other than the ()v,iler has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. '['his insurance shall include interests of the Owner, the Contractor, Subcontractors and sub -subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, Vandalism, malicious mischief, collapse, false - work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall Cover reasonable compensation for Architect's services and expenses required as a result of such Insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 If the OvVncr does not intend to purchase such prop- crty insurance required by the Contract and with all of the coverages in the :unount described above, the Ovrner shat so inform the Contractor in writing prior to commencement of the Work. The Contractor may then ctfect insurance vVhich Will protect the interests of tite Contractor. Subcontractors and Sub - Subcontractors in the Work, and by appropriate Change Order the Cost thcreot shall be charged to the Owner. if the Contrac- tor is damaged by the failure or neglect of the Ov, ner to pur- chase or maintain insuranCC as clesCribed above, vv ithout SO notifying the Contractor, then the Owner shall hear all reason- able costs properly altributablc thereto. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pav costs not covered because of such (ICduCIIbICs. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with VOluntary dcduc- tiblc amounts, the Ovyner shall be responsible for payment of the additional costs not covered heCaLISC Of such increased or voluntary dedLICtibles. If deductibles -arc not identified in the Contract DOCLInentS, the O\Vncr ,hall pay costs not covered because of deduCtiblCs. 11.3.1.4 Cnless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site atter written approval of the Owner at the value estahlished in the apprOyal, and :also portions of the Work in transit. 11 .3.2 Boiler and Machinery Insurance. The O\vncr shall purchase and maintain boiler and machinery insurance required by the Contract DOCUIII('n[ti or by Lm, which shall specifICallV coyer suCII insured ohjects during installation and until final acceptance hV the ( )\Vner; this instu-anee shall include interests of the Owner, Contractor, Suhcontractors and Sub - subcontractors in the Work, and the Owner :and Contractor Shall be n:uned insured;. 11.3.3 Loss of Use Insurance. The OvVncr, at the Owner's Option, 111M purchase and Maintain such insurance :as will insure the Owner against loss of use of the Owner's property due to fir(- or other hazards, ho\\cver caused. The O\\'Ilcr waives all rights of action against the Contractor for loss of use Of the ( Wlict's property, including ConscqucntiAl IOS.SCS due to III(- or other hazards hD\\'(-\'CI' C:uas(-d. 11.3.4 If' the Contractor requests in writing (11.11 insuranCe for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owncr shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change ( )Ider. AIA DOCUMENT A201 • (;ENERAL CONDITIONS OF "I I I E CO\TRACT FOR CONSTRt'(11ON • FOa RTEENTII EDITION 20 A201-1987 AIA • 198- "I I IE AMERICAN INS1111 TE OF ARCI II'1 HA S, I—V; NEV(' YORK AVF.NI'E, N \V.• \VANI I1NGTON. DG -1000o WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11 .3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub -subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 1 1.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 1 1.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an -insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. Tile Owner shall deposit in a separate account pro- ceeels so received, which the Owner shall distribute in accor- dance With such agreement as the parties in interest may reach, or in accordance with an arbitration award in which Case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of clan) - aged property shall be covered by appropriate Change Order. is 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five clays after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of anv person or entity appearing to be a potential heneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to, observe prior to its being covered, the Architect may request to ser such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay Such costs unless the condition was caused by the O,,vncr or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to confirm to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether Or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional tCSting and inspcc- tions and compensation for the Architec't's services and expenses imide necessary thereby. 12.2.2 It, within one year atter the date of Substantial Con)ple- tion of the Work or designated portion thereof, or after the date AIA DOCUMENT A201 - GENERAL CONDITIONS OFTHE CONTRACT FOR CONS'1'IWCTION - FOC'RTlii{NTH EDI7l()N AIA' - 1 1987 THE .AMERICAN INSTITt'TE OF ARCHITECTS, 1735 NEW YORK AyENI E, NAC'., wASHING`1 ON, D.C. 2(NNX) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 21 0 for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming \Work v%ithin a reasonable time, the Owner may correct it in accor- dance Nvith Paragraph 2.4. If the Contractor does not proceed %vah correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the O%veer may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after Nvritten notice. the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and cxpcnscs made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter clue the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall hear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall he con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one }'ear as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply Nvith the Contract Documents may he sought to he enforced, nor to the time within which proceedings may he co nintenccd to establish the Contractor's liability with respect to the Con- trtctor's ohligation.s other than specilically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accorclanc'e with the requirements of the Contract Documents, the ()%%ner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum %ill he reduced as appropriate and cquitahle. Such adjustment shall he effected whether or not final payment has been made. • ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall he governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively hind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representati%es Of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without %vritten consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsihlc for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall he dcemccl to have peen dul% served if delivered in person to the individual or a nienther of the Firm or entity or to an officer of the corporation tier v"hich it vvas intended, or it delivered at o it sent h% registered or certiticd mail to the last business address kno,�%n to the parte giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and ohlig116011S imposed by the Contract Docu- ments and rights and remedies availahlc thereunder shall be in addition to and not a limitation ()[duties. obligations, rights and remedies othcrNvisc imposed or available by lacy. 13.4.2 No action Or failure to act b% the Owner, Architect or Contractor shall constitute a waiver of a right Or duty afforded them under the Contract, nor shall such action Or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or h% laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at in appropriate time I'nless other- wise provided, the Contractor shall make arrangements for such tests, inspections and ;approvals with an independent test- ing lahoratory or entity ;acceptable to the Owner, or with the appropriate puhlic ;authority, and shall hear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of ,vhcn and where tests and inspec- tions are to he made so the Architect may observe such proce- clures. The ON%ner shall hear costs of tests, inspections or approvals which do not become requirements until after bids are rcceiyed or negotiations concluded. 13.5.2 If the Architect, Owner or puhlic authorities having jurisdiction (Ictcrminc that portions of the A\ ork require addi- tional testing. inspection Or approval not included under Sub- paragraph 1 ;.5.1, the Architect will, upon written :authorization [min the ( %%tier, instruct the Contractor to make arrangements torr such additional testing, inspection or approval by an entity accept ahlc to the Owner, and the Contractor shall Bice timely notice to the Architect of when and where tests and inspections are to he made so the Architect may ohservc such procedures. AIA DOCUMENT A201 - (;I.NFRAI. CONDITION, OF TnF: CONI'RAC F FOR CONSI'RtCI'[ON - Fot'RI FENTFI EDITION 22 A201-1987 Ata'' - 198"111E AMERICAN INSTFI TE OF ARCI IITF(:'I S, I -i , NBV YORK A%ENCE, NW., WASH 1\(;TON. DC .I oo(x, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. s The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval Shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place Of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall he made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thcreot, at the legal rate prevailing from time to time at the place %-, here the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to act Occur- ring suhsc(jucnt to the relevant date of Substantial Completion and prior to issuance of the final Ccrtifi- catc for Payment, any applicable statute of limitations shall comnicncc to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the (-late of issuance of the final Certific:atc for Payment; :Ind .3 After Final Certificate for Payment. As to acts or failures to act occurring alter the relevant date of issu- ance of the final Certificate for Payment, any appli- c:rbIC statute of limitations shall commence to run and any alleged cause of action shall he deemed to have ac crucd in any and all events not later than the elate of AM act or lailurc to act by the Contractor pursuant to any %Na r:inty provided under Par:igr:tph 3.i, the (lane Of any correction of the W irk or failure to correct the %\ ork by the Contractor under Paragraph 12.2, Or if (Lac of actual commission of anv other act or failure to perIOnn am- duty or obligation by the Contractor or Owner, o,yhichcver occurs last. • ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment n•ithin the time stated in the Contract Documents: .4 if repeated suspensions, delays or interruptions by the Owner its described in Paragraph 1-1.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365 -clay period, whichever is less: or .5 the Owner has tailed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the ahove reasons exists, the Contractor mav, upon seven additional clays' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 clays through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the O,.vner has persistently failed to fulfill the Owner's obligations under the Contract Documents ,vith respect to matters impor- tant to the progress Of the Work, the Contractor may, upon seven additional days' written notice to the Oxyner and the Architect, terminate the Contract and recover from the O,,,,-ner as provided in Subparagraph 1-1.1?. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate Ilse Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper ntuerials; .2 tails to make paymcm to Suhcontractors for materials or Libor in accordance Nyith the respective agreements bctvtirc•n the Contractor and the Subcontractors: .3 pc i-sistently disrc;gards lays, ordinaners, or rules, rc,g- ulations or orders of a public authority haying juris- diction; ur .4 otherwise is guilty of suhstutial hrcarh of a provision of the Contract Documents. 14.2.2 When any of the ahove reasons exist. the Chvner, upon certification by the Architect that sufficient cause exists to jus - AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CON'T'RACTFOR CONS] Rk CTION - FOt:RI EENTH EDI I ION :UA` - IUM- THE AMERICAN INSTITa•Tli OFARCIII'I'ECTS, i' -i5 NEW YORK AVFNI'E, N.W., AASI11NG I ON, D.(:. 20ouo WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 23 r, tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 24 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. 3/87 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Changes ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall inslude all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations. (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual - including specified provision for the Contractor's obligations under Paragragh 4.18. (5) Owned, non -owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $100,000. .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 shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. RESTROOM FACILITIES H - 1 0 d. Property Damage Liability Insurance shall include Coverage fot the following hazards: C (collapse), U (underground) e. Contractual Liability (Hold Harmless Coverage): (1) Bodily Injury: $ 1,000,000 Each Occurance (2) Property Damage: $250,000 Each Occurance $250,000 Aggregate. f. Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate .3 Comperhensive Automobile Liability (owned, non -owned, hired): a. Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $250,000 Each Occurance ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION RESTROOM FACILITIES H - 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bona KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Contractor) (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ 2 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated (Here insert full name, address and description of project) 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of 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 D FEBRUARY 1970 CO. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. • PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this day of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. 19 iPrim ipa ! (seal; (Witness) rTirle) (Surety) (seal) (Witnes.) (Title) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 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. copyright 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 as Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Contractor) (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 (Here insert full name, address and description of project) W in accordance with Drawings and Specifications prepared by , entered into a contract with Owner for (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!AO 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. copyright laws and Is subject to legal prosecution. LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this (Witness) (Wiln(-+%) day of accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified maili postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may befiled of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. (Principal) (Surely) (Title) 19 (seal) (seal) AIA DOCUMENT A311 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA O 4 FEBRUARY 1970 ED. - THE AMERICAN INSTITUTE OF ARCHITECTS, 17.35 N.Y. AVE., N.W., WASHINGTON, D. C. 2(XWi WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 0 6 SEC i !O iN, J FORNI Orr 1:,AlNtcNI%.t` SOND KNOW ALL MEN BY THESE PRESENTS: Tnz, We, (hereinafter called the Principal) as Frincip:3l cnd the c Corporation with an office and place 00, business fort e Slate of 1 -Jew Yo. -L- ct , Nev., Yorl:, (Hereinafter tolled the Surety) cs Surei-y, are held and firmly bcvnd unto the (hereinafter cc led the o iaee) as b Ioee in the sum o; (5 ).DOLLARS, loviiul money of the United Stctes of America, for tr:e pcyment w ereof the Principal and Surety olnd tFemselves, their successors and essions, jointly oncl severally, firmly 6y these Presents. Sicned, sealed and dated this day of 19 W--17:--==AS,the Principal heretofore entefeC Into a wfltien contract wlih the Ob11oe: for r WHEREAS, sold Controct provides that the Principal shall auorantee NOW, THEREFORE, the condition of this oblioation is such, that if the above Prin- cipal sholl indemniFy the Obligee against loss by reeson of his failure to moke good at his ovin expense any defects or de5ciencies.in materials or workmanship �vnicn may appear in the work under said contract with the period of year (s) from the date Of acceptance of the work, then this oblioation sne! void; of envise to remain in full force and effect. Principal BY: BY: RESTROOM FACILITIES J - 1 SECTION K GENERAL RELEASE (To Be Submitted With Requisition For Final Payment) KNOW ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/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,extents, executions, claims and demands whatsoever in law and equity, which against the said 9 (Owner/Contracting Agency and JAMES A RICHTER, R.A. now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the const- ruction, in accordance with contract entered into between parties hereto, dated , ninteen hundred and ninty and any admittance or supplements thereto. IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporated seal to be hereto affixed and duly attested by its this day of 19 Attest: Principal: RESTROOM FACILITIES K - 1 PREVAILING WAGE RATES WAGE DETERMINATION for RESTROOM FACILITIES at TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 ATTACHED TO THIS PAGE RESTROOM FACILITIES L - 1 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK H STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 Schedule Type -COMPLETE 9B Date 03/17/92 Refer to: PREVAILING RATE CASE NO. T/O SOUTHOLD PRC 9201817 SUFFOLK COUNTY 01 to: JAMES MCMAHON Location and Type of Project TOWN HALL PROJECT ID #: NONE MAIN ROAD TOWN BEACH PROJECT REBUILD RESTROOM FACILITY SOUTHOLD NY 11971 AT TOWN BEACH T/0 SOUTHOLD In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW -16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. The attached rates are based on the latest information available to the Department of Labor, Bureau of Public Work. Care should be taken to review the rates for obvious errors. It is the responsiblility of the Public Work contractor to use the proper rate. Any corrections should be brought to the Department's attention immediately. This schedule is applicable only from July 1, 1991 through June 30, 1992, unless otherwise noted. If your project goes beyond the period covered by this determination, a new determination should be requested when this schedule expires• Note: A 1983 AMENDMENT TO SECTION 220 OF THE LABOR LAW REQUIRES THE PRESERVATION OF ORIGINAL OR TRANSCRIPTS OF PAYROLL RECORDS FOR THREE YEARS FROM THE DATE OF COMPLETION OF THE WORK IN THE AWARDED CONTRACT. Very truly yours, CHET RYSEDORPH, DIRECTOR NOTICE TO CONTRACTING AGENCIES : Upon cancellation or completion of this project, enter the necessary information and return this page to the ALBANY OFFICE of the BUREAU at the address listed below: PROJECT HAS BEEN Date Completed Date Cancelled Date Postponed Until Signatur Title Contracting Agency For Additional Information, contact the following District Offices: St.Off.Bldg.#12, Campus, Albany N.Y.12240 65 Court St.,Buffalo N.Y.14202 155 Main Street West, Rochester N.Y.14614 30 Wall St.,Binghamton N.Y.13901 175 Fulton Ave., Hempstead N.Y.11550 333 East Washington St.,Syracuse N.Y.13202 207 Genesee St., Utica N.Y.13501 30 Glenn St—White Plains N.Y.1O603 PW -200 (6-85) docm: letterla CONTRACT REQUIREMENTS Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission appointed pursuant to law is a party and which may°Ilinvolve the employment of laborers, workers or mechanics, shall comply with the e requirements of Article 8 (Sections 220-223) of the New York State Labor Law: 1. No laborer, worker or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by. the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. (See Section 220.2) 2. Each laborer, worker or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages as indicated on the wage schedule provided by the Department. Bureau of Public Work. The prevailing rate of wage shall be annually determined no later than thirty days prior to July first of each year. The prevailing rate of wage for the period commencing July first of such year through June thirtieth, inclusive, of the following year shall be the rate of wage set forth in collective bargaining agreements for the same period, including those increases for such period which are directly ascer- tainable from such collective bargaining agreements. (See Sections 220.3, 220.5) 3. It shall be the duty of the department of jurisdiction to file with the fiscal officer, the classification of workers, mechanics and laborers to be employed on a public work project, together with a statement of the work to be performed by each classification. (See Section 220.3-a) The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of all wage rates and supplements to be paid or provided for the various classes of mechanics, workers or laborers. (See Section 220.3-a) No employee shall be deemed to be an apprentice unless individually registered in a program registered with the New York State Department of Labor. The allowable ratio of apprentices to journey -level workers in any craft classification shall not be greater than the ratio permitted to the contractor as to its work force on any job under the registered program. Any employee who is not registered as above, shall be paid or provided the prevailing wage and supplement rate for the journey -level classification of work actually performed. The contractor or sub- contractor will be required to furnish written evidence of registration of its program and apprentices as well as of the appropriate ratios and wage and supple- ment rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) (a) No contractor, subcontractor, nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. (See Section 220-e(a)) (b) No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex or national origin. (See Section 220- e(b)) NOTE: The Human Rights Law also prohibits discrimination in employment because of age, marital status or religion. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of fifty dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract. (See Section 220-e(c)) (d) The contract may be cancelled or terminated by the State or municipality, and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of the anti- discrimination sections of the contract. (See Section 220-e(d)) (a) All contractors or their subcontractors shall provide to their sub- contractors a copy of the prevailing wage rate schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8 of the Labor Law. (See Section 220-a) (b) All subcontractors engaged by a public improvement contractor or its subcontractor, upon receipt of the original schedule and any sub- sequently issued schedules, shall provide to such contractor or sub- contractor a verified statement attesting that the subcontractor has received the wage schedule and will pay or provide the applicable rate of wages and supplements specified therein. (See Section 220-a) PW -3 (12-88). ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK PROJECTS IN NEW YORK STATE V f INTRODUCTION: Below are the major provisions of the Labor Law covering workers on public work projects. HOURS: A laborer, worker or mechanic is permitted to work on a public work project no more than eight hours a day and no more than five days in a week, except in case of extraordinary emergency such as fire, flood or danger to life or property. You may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project. WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work project shall be not less than those listed in the current prevailing rate schedule for the locality where the work is performed. If a prevailing rate schedule for the project has not been provided to the prime contractor by the department of jurisdiction (i.e.,the governmental entity awarding the public work contract), or to a subcontractor by the prime contractor, the applicable schedule must be obtained from the Department of Jurisdiction, who must make written application to the Bureau of Public Work, Labor Department, Building No. 12, State Office Building Campus, Albany, New York 12240. The prime contractor is responsible for any underpayments of prevailing wages or supplements by its subcontractors. PAYROLL RECORDS: Every contractor and subcontractor must keep originals or transcripts of payroll records, showing for each person employed on public work, the following: 1.Name, 2.Address and phone number, 3.Social Security number, 4.Occupational classifications in which worked, S.Hourly wage rate paid, 6.Supplements provided, 7.Daily and weekly number of hours worked in each classification, 8.Deductions made, 9. Actual wages paid. When payroll records are requested by the Commissioner each payroll record must be affirmed as true under the penalties of perjury which means a notarized signature to that effect. Such records must be kept on the site of the work when the contractor or subcontractor does not maintain a regular place of business in New York State and the amount of the contract exceeds $25,000. All other contractors and subcontractors must within five days after request produce at the work site the orignal payrolls or transcripts. The original payrolls or transcripts must be preserved for three years from the date of completion of the project. POSTING: The current prevailing rate schedule must be posted in a prominent and accessible place on the site of the public work project. PW19 (9-88) ... (Continued) c NOTICE of NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES ( ' ) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. The annual determination of the prevailing rates of wages and supplements for workers employed on public work projects throughout the state will be published on May 31st of each year. These new rates will be in effect July 1st thru June 30th. This new determination will supersede the original schedule or any prior issued annual determination It is the responsibility of the contracting agency or its agent to provide all prevailing rate schedules to contractors immediately upon receipt. Any rate change from a previously issued determination becomes effective July 1st, regardless of whether the new determination has been received by the contractor. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates that additional adjustments become effective. PW -202 (5-90) docm: letterd VERIFYING THE REGISTRATION OF APPRENTICES Certain State and Federal Laws require that apprentices must be individually registered as such in order to be paid apprenticeship rates on Public Work. The New York State Labor Department is the official registration agency for apprentices in New York State. No other Federal or State Agency or office registers apprentices in New York State. Each year the apprentice training central office in Albany receives hundreds of requests from Federal and State Agencies, Contractors, and other interested parties requesting verification of individual apprentice registrations. The following information is provided in order to clarify New York State procedures• All registered apprentices in New York State are individually registered by name, address, social security number, starting date of training, and other related data. This information is computerized and is available ONLY through the Albany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, Job Service and Training Division, Building 12, Room 223, State Office Building Campus, Albany, New York 12240. All inquiries MUST include name and social security number and will be answered in writing. The response will indicate whether or not the individual is registered, and if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices outside Albany can provide conslusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any individual is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards or copies of state forms are not conclusive proof of the registration of any individual as an apprentice. PW - 203 (4-86) docm: letter2e 0 PREVAILING RATE SCHEDULE ( )Se*TICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 1 PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the interpretaation of particular requirements, for each classification of worker, contained in the attached Schedule of Prevailing Rates. Paid Holidays Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. Holiday Pay Holiday pay is the premium pay that is required for work performed on the holidays contained in the negotiated agreement used to establish a prevailing rate. Holiday pay is only applicable where an employee actually performs work on such days. The required rate of pay for covered holidays can be found in the Overtime Pay section listed for each classification. Not all of The holidays on which, if worked, a premium rate of pay is required are listed in the attached schedule. If you have any questions or need additional information concerning this requirement, please contact the Bureau of Public Work at the number listed below. Supplemental Benefits Particular attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some classifications require the payment or provision of supplements for each hour paid (this may include paid holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. Effective Dates When you review the schedule for a particular trade or occupation, your attention should be directed to the dates above the column(s) of rates. These are the dates that any adjustments become effective. However, if the last date listed in a particular occupation is prior to June 30 of the current year, the rate listed for that time period is valid until the new annual determination takes effect on July 1 of that year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements and, if the department of jurisdiction does not provide a copy of the current annual determination on or before July 1, you should contact the Bureau of Public Work for the correct information. Shift Differential Where listed, a shift differential requires additional or premium pay for all work performed after the first shift in each 24 hour period. If you have any questions concerning the attached schedule or would like additional information, please contact the BUREAU of PUBLIC WORK at (518) 457-5589 or write to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC WORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEW YORK 12240. (7/01/91) State of New York Department of Labor PREVAILING RATE SCHEDULE1** )See NOTICE PAGE ATTACHED Case Number 9201817 SUFFOLK COUNTY Bureau of Public Work 9b-7/01/91 thru 6/30/92 Published -02/20/92 Page 2 OVERTIME Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the OVERTIME section. ( A ) Time and one half of the hourly rate after 7 hours per day. ( AA ) Time and one half of the hourly rate after 7 and one half hours per day. ( B ) Time and one half of the hourly rate after 8 hours per day. ( 81) Time and one half of the hourly rate for the 9th. 8 10th. hours Week days and the 1st. 8 hours on Saturday. Double the hourly rate for all additional hours. ( C ) Double the hourly rate after 7 hours per day. ( CC) Double the hourly rate after 7 and one half hours per day. ( Cl) Double the hourly rate after 7 and one half hours per day. ( D ) Double the hourly rate after 8 hours per day. ( Di) Double the hourly rate after 9 hours per day. ( E ) Time and one half of the hourly rate on Saturday. ( E1) Time and one half 1st 4 hours on Saturday double the hourly rate all additional Saturday hours. ( E2) Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather. ( E3) Between Nov. 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that weekdue to inclement weather, provided a given employee has worked between 16 and 32 hours that week. ( E4) Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather ( F ) Time and one half of the hourly rate on Saturday and Sunday. ( G ) Time and one half of the hourly rate on Saturday and Holidays. ( H ) Time and one half of the hourly rate on Saturday, Sunday and Holidays. ( I ) Time and one half of the hourly rate on Sunday. ( J ) Time and one half of the hourly rate on Sunday and Holidays. ( K ) Time and one half of the hourly rate on Holidays. ( L ) Double the hourly rate on Saturday. ( M ) Double the hourly rate on Saturday and Sunday. ( N ) Double the hourly rate on Saturday and Holidays. ( 0 ) Double the hourly rate on Saturday, Sunday and Holidays. ( P ) Double the hourly rate on Sunday. ( 0 ) Double the hourly rate on Sunday and Holidays. ( R ) Double the hourly rate on Holidays. ( S ) Two and one half times the hourly rate for Holidays, if worked. ( T ) Trip.le the hourly rate for Holidays, if worked. ( U ) Four times the hourly rate for Holidays, if worked. ( V ) Incluing benefits at SAME PREMIUM as shown for overtime. ( W ) Time and one half for benefit on all overtime hours. NOTE: BENEFITS are PER HOUR WORKED, for each hour worked, unless otherwise noted HOLIDAYS Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally classified. 1 ) None. 2 ) Labor Day. 3 ) Memorial Day and Labor Day. 4 ) Memorial Day and July 4th. 5 ) Memorial Day, July 4th and Labor Day. 6 ) New Years Day, Thanksgiving Day and Christmas Day. 7 ) Lincoln's Birthday, Washington's Birthday and Veterans Day. 8 ) Good Friday. 9 ) Lincoln's Birthday. 10 ) Washington's Birthday. 11 ) Columbus Day. 12 ) Election Day. 13 ) Presidential Election Day. 14 ) 1/2 Day on Presidential Election Day. 15 ) Veteran's Day. 16 ) Day after Thanksgiving Day. 17 ) July 4th. 18 ) 1/2 Day before Christmas Day. 19 ) 1/2 Day before New Years Day. 20 ) Thanksgiving Day. 21 ) New Years Day. 22 ) Christmas Day. 23 ) Day before Christmas. 24 ) Day before New Years Day. 25 ) Presidents Day. 26 ) Martin Luther King, Jr. Day. (7/01/91) OVERTIME and HOLIDAY REQUIREMENTS PREVAILING RATE SCHEDULE ( )S*e OTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 3 ASBESTOS WORKER WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92 6/30/91 12/31/91 6/30/92 12/31/92 Asbestos Worker ............. $ 25.97 Additional Additional Additional OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare....... 3.19 1.00 1.25 1.50 Pension ............... 2.16 per per per Annuity ............... 5.25 hour hour hour Vacation .............. 3.05 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-12 WAGES(per hour) 6/01/90- 5/31/91 Asbestos Worker Removal 8 Abatement Only..... $ 21.66 OVERTIME PAY: See (B,E,O ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare ........ $ 2.00 Annuity ............... 2.20 Training .............. .50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-201nyc+ BOILERMAKER WAGES(per hour) 9/01/90- 9/01/91- 9/01/92- 8/31/91 8/31/92 8/31/93 Boilermaker.......... $ 27.30 28.50 30.00 OVERTIME PAY: New Work See ( C,O ) on OVERTIME PAGE attached. OVERTIME PAY: Repair Work See (B4O) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 8,16,23,24) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd. 4th 5th. 6th. 7th. 8th. 60% 65% 70% 75% 80% 85% 90% 95% SUPPLEMENTAL BENEF_ITS_(per hour worked) Health/welfare ........ $ 2.25 2.25 2.25 Pension ............... 16% 16% 17% Apprentice Training... .15 .15 15 Vacation .............. 12% 13% 15% Annuity ............... 15% 15% 15% Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-5 • State of New York Department of Labor PREVAILING RATE SCHEDULE 0 )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20792 SUFFOLK COUNTY CARPENTER WAGES(per hour) 9/01/86- 8/30/87 Page 4 Building: Draper ............... $ 14.26 OVERTIME PAY: See ( A, E, P, S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5,6,9,10,11,12) on HOLIDAY PAGE attached. SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 1.46 Pension ............... 6 % Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-44D WAGES(per hour) ------------------------------ 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Building: Millwright........... 21.79 22.79 23.79 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 55% 65% 75% 95% SUPPLEMENTAL B hour worked) ..EFITS:(per Health/Welfare..... 4.04 4.98 5.77 Pension ............... 3.09 3.09 3.09 Annuity ............... 4.87 4.94 5.00 Apprentice Training... .30 .35 .50 Scholarship........... .04 .04 .04 Vacation .............. 3.47 3.54 3.67 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-740 WAGES(per hour) ------------------------------ 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Piledriver........... 24.66 25.66 26.66 Dockbuilder.......... 24.66 25.66 26.66 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1456 State of New York Department of Labor Carpenter (cont) PREVAILING RATE SCHEDULE ( AONOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 5 WAGES(per hour) 7/01/90- 7/01/91- 7/01/92 6/30/91 6/30/92 6/30/93 Marine Construction: Marine Diver ......... $ 29.49 30.77 32.05 " Tender.... 22.73 23.62 24.51 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1456/D ------------------------------ WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Timberman .........$ 22.82 23.72 24.62 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1536h ------------------------------ The following Supplemental Benefits apply to the preceding Carpenter categories and/or occupational titles unless otherwise noted. SUPPLEMENTAL BENEFITS:(per hour worked) for ALL Categories Except Apprentices Health/Welfare ........ $ 4.04 4.98 5.77 Pension ............... 3.09 3.09 3.09 Annuity ............... 1.85 1.90 2.00 Apprentice Training... .30 .35 .50 Vacation .............. 2.10 2.10 2.10 Scholarship.......... .04 .04 .04 SUPPLEMENTAL BENEFITS:(per hour worked) for Apprentices Health/Welfare ........ $ 4.04 4.98 5.77 Pension ............... 1.55 1.55 1.55 Annuity ............... .93 .95 1.00 Apprentice Training... .30 .35 .50 Vacation .............. 1.05 1.05 1.05 Scholarship........... .04 .04 .04 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-nyc/supp 0 State of New York Department of Labor PREVAILING RATE SCHEDULE O)See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 6 Carpenter (cont.) WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Building:. Carpenter............ $ 24.00 24.84 Additional 2.00 per hr Heavy/Highway: Carpenter............ $ 24.05 24.89 OVERTIME PAY: See ( A, G ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 55% 65% 80% SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 4.23.4.23 4.74'4.74 Pension ............... 2.23.1.12 2.64'1.32 Apprentice Training... .28' .14 .36' .18 Vacation .............. 1.90' .95 1.90' .95 Annuity ............... 2.10.1.05 2.26'1.13 Scholarship Fund...... .01' .005 .01' .005 Listed supplements apply to ALL classifications ( )Yes ( x )No. (`)1st 8 2nd term Appr. Benefits in second column, all others full benefits. 4-SUF ELEVATOR WAGES (per hour) 7/01/91- 7/01/92- 6/30/92 6/30/93 Elevator Constructor...$ 26.58 27.77 " Helper over 600 hrs. 19.935 20.83 " up to 600 hrs. 13.29 13.885 Elev. (Modernization).. 23.21 24.21 " Helper over 600 hrs. 17.41 18.16 " up to 600 hrs. 13.29 13.885 OVERTIME PAY:CONSTR.See ( C,M,T ) on OVERTIME PAGE attached. OVERTIME PAY:MODERN.See ( B,F,S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (5,6,7,11,12) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Construction Modernization Health/Welfare ........ $ 3.495.3.495 3.845`3.845 Pension ............... 2.09 •2.09 2.19 `2.19 Education............ .085' .085 .085• .085 Annuity -Construction.. 2.40 "2.40 2.65 `2.65 Annuity -Modernization. 2.25 •2.25 2.50 '2.50 Vacation .............. 4% ' 4% 4% 4% Listed supplements apply to ALL classifications ( )Yes ( x )No. (*)"Helper" supplements appear in second column. 8-1 GLAZIER WAGES(per hour) 7/01/90- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Glazier .............. $ 22.60 Additional Additional Additional OVERTIME PAY: See ( C, 0, V) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare........$ 2.48 1.10 1.10 1.10 Pension ............... 1.56 per per per Apprentice Training... .13 hour hour hour Vacation .............. 2.50 Annuity............... 5.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. B-1087 0 State of New York Department of Labor ELECTRICIAN PREVAILING RATE SCHEDULE ( *NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 7 WAGES(per hour) 5/01/91- 5/01/92- 4/30/92 4/30/93 Electrician.......... $ 28.00 29.35 Audio/Sound.......... 28.00 29.35 Fire/Intruder Alarm.. 28.00 29.35 OVERTIME PAY: See Following Note' plus ( 0 ) on OVERTIME PAGE attached. Note': 8th, 9th 8 10th hrs of wk weekdays to be paid at 1 1/2 times straight time rate PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: 1st yr Appr to other Apprentices to Journeymen (0-1-1) (1-1-1) (1-1-2) (1-1-3) (1-2-4) (2-2-4) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st 2nd. -3rd. 4th. 5th. 6th. 30% 35% 40% 50% 60% 70% SUPPLEMENTAL BENEFITS:(percents based on gross wages -others per hour) Health/welfare ........ $ 4.531Note 5.09'Note Pension ............... 2.10•Note' 2.20'Note Suppl.Unemploy.Benefit .25' .25 .25' .25 Apprentice Training... .12' .12 .12' .12 Annuity .............. 3.22'Note 3.38'Note Benefit Fund.......... .84'Note .88'Note Vacation ............. 2.66'Note 2.79'Note Listed supplements apply to ALL classifications ( )Yes ( x )No. Apprentice suppplemebts appear in second column. Note- Appr Ben.- Term- 1st 2nd 3rd 4th 5th 6th H/W 91/92 2.18 2.35 2.51 2.85 3.19 3.52 92/93 2.63 2.80 2.98 3.33 3.68 4.04 Pen 91/92 .63 .74 .84 1.05 1.26 1.47 92/93 .66 .77 .88 1.10 1.32 1.54 Ann 91/92 .97 1.13 1.29 1.61 1.93 2.25 92/93 1.01 1.18 1.35 1.69 2.02 2.37 Ben 91/92 .25 .29 .34 .42 .50 .59 92/93 .26 .31 .35 .44 .53 .62 Vac 91/92 .80 .93 1.06 1.33 1.60 1.86 92/93 .84 .98 1.12 1.39 1.67 1.95 4-25 State of New York Department of Labor PREVAILING RATE SCHEDULE (0, See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/2092 SUFFOLK COUNTY Page 8 ELECTRICIAN (cont) WAGES(per hour) 5/01/91- 5/01/92- 4/30/92 4/30/93 Lineman .............. $ 28.00 29.35 Technician........... 28.00 29.35 Heavy Equip. Oper.... 28.00 29.35 Truck Driver......... 28.00 29.35 Groundman............ 28.00 29.35 OVERTIME PAY: See Following Note* plus ( 0 ) on OVERTIME PAGE attached. Note*: 8th, 9th & 10th hrs of wk weekdays to be paid at 1 1/2 times straight time rate PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: 1st yr Appr to other Apprentices to Journeymen (0-1-1) (1-1-1) (1-1-2) (1-1-3) (1-2-4) (2-2-4) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 30% 35% 40% 50% 60% 70% SUPPLEMENTAL BENEFITS:(percents based on gross wages -others per hour) Health/welfare ........ $ 4.53'Note 5.09•Note Pension ............... 2.10'Note' 2.20'Note Suppl.Unemploy.Benefit .25' .25 .25' .25 Apprentice Training... .12' .12 .12• .12 Annuity .............. 3.22'Note 3.38•Note Benefit Fund.......... .84•Note .88"Note Vacation ............. 2.66•Note 2.79'Note Listed supplements apply to ALL classifications ( )Yes ( x )No. Apprentice suppplemebts appear in second column. Note- Appr Ben.- Term- 1st 2nd 3rd 4th 5th 6th H/W 91/92 2.18 2.35 2.51 2.85 3.19 3.52 92/93 2.63 2.80 2.98 3.33 3.68 4.04 Pen 91/92 .63 .74 .84 1.05 1.26 1.47 92/93 .66 .77 .88 1.10 1.32 1.54 Ann 91/92 .97 1.13 1.29 1.61 1.93 2.25 92/93 1.01 1.18 1.35 1.69 2.02 2.37 Ben 91/92 .25 .29 .34 .42 .50 .59 92/93 .26 .31 .35 .44 .53 .62 Vac 91/92 .80 .93 1.06 1.33 1.60 1.86 92/93 .84 .98 1.12 1.39 1.67 1.95 4-251ine ------------------------------ Applicable to electrical maintenance of existing electrical systems including, but not limited to, traffic signals and street lighting. WAGES(per hour) 5/01/91- 4/30/92 Electrician 21.76 OVERTIME PAY: See ( B, G, P ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 2 - 2 ) ( 3 - 3 ) APPRENTICES: ( 1 ) year terms at the following Wage. 1st. 2nd. 3rd. 4th. 40% 50% 60% 80% SUPPLEMENTAL BENEFITS:(percent on gross wages earned) Health/Welfare........ $ 9 1/2%+,75 Pension ............... 5 1/2% Annuity ............... 9% Vacation and Holidays. 8 1/2%' Appr. Training......... 1/2% Listed supplements apply to ALL classifications ( X )Yes ( )No 4-25m State of New York Department of Labor a 0 PREVAILING RATE SCHEDULE ( • )SINOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY TELEPHONE Rates below are for telephone work up to Point of Demarcation. Point of Demarcation is defined as the point of interconnection between customer provided equipment and telephone company provided facilities. WAGES(per hour) 8/07/88- / / Telephone System Technician/Cable Splicing Starting.......... 6.90 After 6 mos....... 7.59 12 mos....... 8.33 18 mos....... 9.18 " 24 mos....... 10.09 " 30 mos....... 11.08 " 36 mos....... 12.20 " 42 mos....... 13.40 " 48 mos....... 14.74 " 54 mos....... 16.20 " 60 mos....... 17.83 Cable Splicing Technician Helper Start ................. 6.08 After 6 mos.......... 6.68 " 12 mos.......... 7.33 18 mos.......... 8.06 " 24 mos.......... 8.85 " 30 mos.......... 9.74 " 36 mos.......... 10.71 " 42 mos.......... 11.78 " 48 mos.......... 12.94 Service Technician Starting.......... 6.90 After 6 mos....... 7.58 " 12 mos....... 8.33 " 18 mos....... 9.15 " 24 mos....... 10.05 30 mos....... 11.05 " 36 mos....... 12.14 " 42 mos....... 13.35 " 48 mos....... 14.66 " 54 mos....... 16.13 60 mos....... 17.74 OVERTIME PAY: See ( ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( ) APPRENTICES: (None ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare ........ $ 10.0% Pension ............... 1.8% Savings/Security...... 1.8% Income Protect Fund... .4% Listed supplements apply to ALL classifications )Yes ( )No. nytele/ns Page 9 0 State of New York Department of Labor PREVAILING RATE SCHEDULE )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201617 9b-7/01/91 thru 6/30/,92 Published -02/20/92 SUFFOLK COUNTY Page 10 TELEPHONE(cont) Rates listed below are for installation of customer provided telephone equipment from point of demarcation. WA ES(per hour) 5/27/90- 5/26/91- 5/25/91 Telephone System Technician Starting.......... 6.88 7.03 After 6 mos....... 7.61 7.77 12 mos....... 8.40 8.58 " 18 mos....... 9.28 9.48 " 24 mos....... 10.26 10.48 " 30 mos....... 11.32 11.58 " 36 mos....... 12.51 12.80 " 42 mos....... 13.82 14.13 " 48 mos....... 15.27 15.61 " 54 mos....... 16.87 17.25 " 60 mos....... 18.63 19.06 Technician Asst. Start ................. 6.38 6.52 After 6 mos.......... 7.01 7.16 " 12 moS.......... 7.70 7.86 " 18 mos.......... 8.45 8.63 " 24 mos.......... 9.27 9.48 " 30 mos.......... 10.18 10.41 Senior Technician Starting.......... 6.88 7.03 After 6 mos....... 7.65 7.81 " 12 mos....... 8.48 8.67 " 18 mos....... 9.42 9.62 " 24 mos....... 10.46 10.68 30 mos....... 11.61 11.86 " 36 mos....... 12.88 13.17 " 42 mos....... 14.31 14.62 " 48 mos....... 15.88 16.23 " 54 mos....... 17.63 18.02 60 mos....... 19.57 20.00 Services Technician Start ................. 6.88 7.03 After 6 mos.......... 7.61 7.77 " 12 mos.......... 8.40 8.58 " 18 mos.......... 9.28 9.48 " 24 mos.......... 10.26 10.48 " 30 mos.......... 11.32 11.58 " 36 mos.......... 12.51 12.80 " 42 mos.......... 13.82 14.13 " 48 mos.......... 15.27 15.61 " 54 mos.......... 16.21 16.57 OVERTIME PAY: See (B,I,S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5,6,16 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare ........ $ 10%'Note 10%'Note Pension ............... 4.8%'Note 4.8%•Note Training .............. 4.5%'Note 4.5%Note Listed supplements apply to ALL classifications ( )Yes ( X )No. *Note- Listed Benefits are for Full Time 8 Part Time Employees working 25 or more hours per week. Other Part Time Employee benefits are as follows. 0-16 hrs.- H/W- 0; Pen.- 4.8%; Training- 4.5% 17-24 hrs.- H/W- 5%; Pen. 4.8%; Training- 4.5% att/ + State of New York Department of Labor IRONWORKER WAGES(per hour) 0 PREVAILING RATE SCHEDULE Case Number Bureau of Public Work 9b-7/01/91 thru 6/30/92 Published -02/20/92 ( ' )SAOTICE PAGE ATTACHED 9201817 SUFFOLK COUNTY 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 6/30/93 Page 11 Structural........... $ 22.50 Additional Additional Additional Riggers .............. 22.50 1.20 1.20 2.45 Machinery Movers...... 22.50 per per per " Erectors.... 22.50 hour hour hour OVERTIME PAY: See ( B, E, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 12.09 12.69 12.69 13.30 13.30 13.30 SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.90.3.90 Pension ............... 3.50'3.50 Apprentice Training... .18• .18 Vacation .............. 5.85.3.70 Annuity ............... 5.00.2.50 Benefit Fund.......... 4.00'2.65 Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Apprentice supplements appear in second column. 8-40/361 ------------------------------ WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Reinforcing.......... 22.95 Additional Additional OVERTIME PAY: See ( C, 0, 'V ) on OVERTIME PAGE attached. •V applies to Annuity 8 Vacation Only. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 50% 75% 85% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.81.3.81 1.90 2.05 Pension ............... 1.95.1.95 per per Apprentice Training... .08• .08 hour hour Vacation .............. 2.50• note Annuity ............... 4.25' note Scholarship Fund...... .04• .04 Listed supplements apply to AL classifications ( )Yes ( x )No. (') Apprentice supplements appear in second column. note- Apprentice Annuity 8 Vacation paid at same % of listed benefit as wage B-46 ------------------------------ WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 6/30/93 Ornamental........... 22.00 Additional Additional Additional Chain Link Fence..... 22.00 1.05 per hr 1.00 per hr 2.00 per hr OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 4 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare....... 3.64 Pension ............... 3.19 Apprentice Training... .50 Vacation .............. 3.50 Annuity ............... 4.47 Benefit Fund.......... 1.10 Listed supplements apply to AL classifications ( x )Yes ( )No. 8-580 LABORER PREVAILING RATE SCHEDULE 0 )See NOTICE PAGE ATTACHED State of New York Case Number 7/01/90- Bureau of Department of Labor 7/01/92- Public Work 12/31/91 9201817 12/31/92 Building Laborer: 20.32 Group # 3 ............. 9b-7/01/91 thru 6/30/92 18.73 All Classifications ... $ 19.30 Published -02/20%92 Additional SUFFOLK COUNTY OVERTIME PAY: See ( A,E,4 ) on OVERTIME PAGE attached. 15% Pension ............... Page 12 LABORER WA S(per hour) - 7/01/91- 7/01/92- WAGE (per hour) 7/01/90- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Building Laborer: 20.32 Group # 3 ............. 17.87 18.73 All Classifications ... $ 19.30 Additional Additional Additional OVERTIME PAY: See ( A,E,4 ) on OVERTIME PAGE attached. 15% Pension ............... PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. 1.00 1.00 SUPPLEMENTAL BENEFITS:(per hour worked) 3.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-1298 Health/Welfare.... ....$ 2.78 .80 .80 .80 Pension ............... 2.83 per per per Vacation .............. 1.05 hour hour hour Annuity ............... 1.00 Legal ................. .15 Training .............. 1.00 Safety Fund........... .05 Listed supplements apply to ALL classifications ------------------------------ ( x )Yes ( )No. 4-66 Laborer(Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. Group # 2: Asphalt Shovelers and Tampers. Group # 3: Basic Laborer, Power Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. WA S(per hour) - 7/01/91- 7/01/92- 6/30/92 5/31/93 Heavy/Highway Laborer: Group # 1 ............. $ 19.83 20.80 Group # 2 ............. 19.37 20.32 Group # 3 ............. 17.87 18.73 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (2,4,6,7,11,12,26) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........ $ 15% 15% Pension ............... 10% 10% Vacation .............. 1.00 1.00 Annuity ............... 2.50 3.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-1298 State of New York Department of Labor PREVAILING RATE SCHEDULE ( )*NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201617 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 13 LATHER WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Lather (Wood Wire 8 Reinforcing)... 22.95 Additional Additional OVERTIME PAY: See ( C, 0, V• ) on OVERTIME PAGE attached. *Annuity 8 Vacation Only PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 50% 75% 85% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........ $ 3.81'3.81 1.90 2.05 Pension ............... 1.95.1.95 per per Apprentice Training... .08' .08 hour hour Vacation .............. 2.50' _ % Wage Annuity ............... 4.25' _ % wage Scholarship Fund...... .04' .04 Listed supplements apply to ALL classifications ( )Yes ( x )No. Apprentice supplements appear in second column. 8-46 0 PREVAILING RATE SCHEDULE 0 )See NOTICE PAGE ATTACHED State of New York Department of Labor Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 14 MASON/TILE/TERRAZZO WAGES(per hour) 6/01/91- 5/31/92 Building: Bricklayer............ $ 26.54 OVERTIME PAY: See ( A, E, Q, W ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 6 ) APPRENTICES: ( 750 hours) terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th(500hr) 6th(500hr) 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.77.3.77 Pension...............3.31'3.31 Annuity ............... 3.25.1.70 Listed supplements apply to ALL classifications ( )Yes ( X )No. ( ) Apprentice Benefits appear in second column 8-NYDC WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Cement Mason.......... 24.72 Additional Additional OVERTIME PAY: See ( C, 0, V) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd. 3rd. 4th, 5th. 6th. 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ....... .$ 3.75 1.97 1.97 Pension ............... 2.82 per per Apprentice Training... .09 hour hour Annuity ............... 4.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-780 WAGES(per hour) 7/05/90- 1/01/91- 7/01/91- 7/01/92- 12/31/90 6/30/91 6/30/92 6/30/93 Building: Plasterer ............. 21.10 Additional Additional Additional OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( ) ( ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 40% 50% 60% 60% 80% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.97'note 1.10 1.75 1.75 Annuity ............... 3.50•note per per per Apprentice Training... .01•note hour hour hour Vacation .............. 2.25•note Listed supplements apply to AL classifications ( )Yes ( X )No. (') Apprentice supplements appear in second column. note: Apprentices receive same % of supplements as wage. 6-852 0 State of New York Department of Labor PREVAILING RATE SCHEDULE ( )Sel*TICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 15 Mason (cont) WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Building: Mosaic 8 Terrazzo Worker.. 24.69 Additional Additional Additional " Helper.. 23.38 1.00 per hr 1.00 per hr 1.00 per hr. OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.30 Pension ............... 4.85 Supp.Unemploy.Benefit. 1.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-3 WAGES(per hour) 4/29/91- 10/28/91- 4/27/92- 4/28/93- 10/27/91 4/26/92 4/27/93 4/27/94 Building: Tile Setter........... 24.16 24.91 Additional Additional OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.66 - 3.68 1.75 2.00 Pension ............... 3.00 3.00 per per Vacation .............. 1.63 1.63 hour hour Annuity ............... 2.35 2.35 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-52 WAGES(per hour) 6/03/91- 12/02/91- 5/04/92- 5/03/93- 12/01/91 5/03/92 5/02/93 5/02/94 Building: Tile Layer Helper 8 Finisher ....... $ 20.95 21.45 22.45 23.70 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 2.68 2.93 3.18 3.43 Pension...............1.50 1.50 1.50 1.50 Annuity ............... 3.50 3.50 3.50 3.50 Vacation .............. 1.69 1.69 1.69 1.69 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-88 0 PREVAILING RATE SCHEDULE" )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor 9201817 Public Work 9b-7/01/91 thru 6/30/92 Published -02/20%92 SUFFOLK COUNTY Page 16 Mason (cont.) WAGES(per hour) 7/01/89- 6/30/90 Cutting Cleaner(Mason) $ 20.83 Sandblasting(Mason)... 26.39 Pointer, Cleaner,& Caulker(Mason). 20.83 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 55% 70% 85% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare .... ....$ 2.70`2.70 Pension ............... 3.13.3.13 Benefit Fund.......... 3.55"Note Education Fund......... .30• .30 Annuity ............... 2.25•Note Listed supplements apply to ALL classifications ( )Yes ( x )No. (*)Apprentice supplements appear in second column. *Note: Benefit Fund - 1st. yr. 1.95 ; 2nd. yr. 2.48; 3rd. yr. 3.02 Annuity Fund - 1.245; 1.57; 1.91 4-66w WAGES(per hour) 1/01/86- 6/30/86 Stone Mason........... $ 21.50 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 2.75 Pension - -- Annuity ............... 3.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-33 WAGES(per hour) 1/01/87- 6/30/87 Stone Setter.......... $ 20.86 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 8th. 50% 55% 60% 65% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 1.75 Pension ............... 2.00 Security Benefit...... .60 Apprentice Training... .10 Vacation .............. 2.00 Annuity ............... 4.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-84 State of New York Department of Labor Mason (cont..) PREVAILING RATE SCHEDULE ( )Se*TICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 17 WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Derrickman/Rigger.... $ 25.00 Additional Additional Additional 1.33 per hr 1.33 per hr 1.33 per hr OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 50% 60% 70% 80% 90% 90% SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 2.74 Pension ............... 3.35 Apprentice Training... .10 Vacation .............. 3.50 Annuity ............... 5.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-197 WAGES(per hour) 1/01/91- 6/30/91 Building: Marble Sawyer, Rubber & Polisher........... 25.08 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ .96 Pension ............... 1.58 Supp.Unemploy.Benefit. .25 Vacation .............. 3.25 Annuity ............... 4.68 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-24 WAGES(per hour) 1/01/91- 6/30/91 Building: Marble Cutters & Setters ............. 26.43 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTALBENEFITSL(pr hour worked) Health/Welfare........$ 1.45 Pension ............... 1.68 Supp.Unemploy.Benefit. .40 Annuity .............. 5.69 International Pension. .40 Vacation .............. 3.75 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-4 0 State of New York Department of Labor PREVAILING RATE SCHEDULE * )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20i92 SUFFOLK COUNTY Mason (cont...) WAGES(per hour) 1/01/91- 6/30/91 Marble Finishers...... $ 20.02 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 1.70 Pension ............... 1.68 International Pension. .75 Supp.Unemploy.Benefit. 1.59 Vacation .............. 3.55 Annuity ............... 5.50 Listed supplements apply to ALL classifications ( x )Yes ( )No 8-20 Page 18 PAINTER AW GES(per hour) 10/01/90- 9/30/91 Steel : " Steel, Bridge.... 27.50 " Spray............ 29.50 " Sandblasting..... 29.50 " Power Tool....... 29.50 OVERTIME PAY: See ( C,F,R ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1 t. 2nd. 50% 65% SUPPLEMENTALBENEFI7S:(per hour worked) Health/Welfare........$ 17 % Pension ................ 2.00 Apprentice Training... 1/2 % Vacation .............. 6 % Annuity ............... 11 % Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-806 ------------------------------ WAGES(per hour) 2/01/91- 8/01/91- 2/01/92- 7/31/91 1/31/92 7/31/92 Drywall Taper......... $ 24.78 25.52 26.29 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 15.5% 15.5% 15.5% Pension ............... 3.0% - 3.0% 3.0% Vacation .............. 9.0% 9.0% 9.0% Annuity ............... 10.0% 10.0% 10.0% Listed supplements apply to ALL classifications ------------------------------ ( x )Yes ( )No. 8-1974 State of New York Department of Labor s PREVAILING RATE SCHEDULE ( )AOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 19 Painter (cont) WAGES(per hour) 4/01/91- 3/31/92 Brush .................. 23.88 Structural Steel....... 28.84 Spray, Scaffold........ 26.35 Sandblasting........... 28.84 OVERTIME PAY: See ( D, 0, ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1/2 ) year terms at the following rates. 1st. 2nd. 3rd. 4th. 5th. 6th. Brush 11.30 11.30 16.01 17.41 19.11 21.18 Br./St./SB 12.29 12.29 16.67 17.95 20.51 23.08 Spr./Scaff. 12.41 12.41 17.62 18.78 21.09 23.41 SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 3.98.3.54 Pension ............... 2.00.2.00 Apprentice Training... .50' .50 Annuity ............... 3.00'2.29 Suppl Emp Ben......... .50• .50 Safety 8 Health....... .50' .50 Listed supplements apply to ALL classifications ( )Yes ( x )No. (')1st yr Rate is, H/W=2.89, Pen=1.07, AppTrg=.23, SUB=.20 (') Other Apprentice Supplements appear in second column. 4-1486 WAGES(per hour) 4/01/90- 3/31/91 Paper Hanger........... 23.38 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 50% 50% 65% 70% 80% 90% SUPPLEMENTAL BENEFITS!(per hour worked) Health/Welfare.......$ 3.09'Appr % of 3.09 Pension ............... 2.05' % of 2.05 Annuity ............... 2.82•Appr % of 2.82 Suppl Emp Ben/Appy Trng. Safety 8 Health....... 1.17'Appr % of 1.17 Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Apprentice Supplements appear in second column. 4-1486 0 State of New York Department of Labor PREVAILING RATE SCHEDULE 10 )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 20 PLUMBER WAGES(per hour) 7/01/91- 1/01/92- 12/31/91 6/30/92 Plumber .............. $ 27.85 28.55 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following wage. 1st. 2nd. 3rd. 4th. 5th. 12.53 13.93 18.10 19.50 20.89 for 7/01/91 to 12/31/91 12.85 14.28 18.56 19.99 21.42 for 1/01/92 to 6/30/92 SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.19"note 3.44•note Pension ............... 5.95"note 5.95•note Apprentice Training... .241note .24"note Vacation .............. 1.30"note 1.30•note Security Benefit..... 1.00•note 1.00•note Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Note -Apprentice supplements appear below. 7/91 to12/91 -1st yr H/W-2.04; PEN -3.68; Appr-.14; Vac -.75; Sec -.53 2nd yr 2.04; 3.71; .15; .80; .53 3rd yr 2.04; 3.23; .16; .86; .53 4th yr 2.04; 3.76; .16; .93; .53 5th yr 2.04; 3.79; .17; .98; .53 1/92 to 6/92 -1st yr H/W-2.19; PEN -3.68; Appr-.14; Vac -.75; Sec .53 2nd yr 2.19; 3.71; .15; " .80; .53 3rd yr 2.19; 3.73; .16; .86; .53 4th yr 2.19; 3.76; .16; .93; .53 5th yr " 2.19; 3.79; 17; " .98; .53 4-775 State of New York Department of Labor PREVAILING RATE SCHEDULE ( ' )SIROTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY STEAMFITTER/SPRINKLER FITTER WAGES(per hour) 11/26/90- 6/26/91- 6/25/91 12/31/91 Steam Fitter.......... $ 27.30 Additional Sprinkler Fitter...... 27.30 1.00 per hr OVERTIME PAY: See ( C,O,V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 3 ) APPRENTICES: ( 1/2 ) year terms at the following percent SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 3.85'= 9/30/91 9/30/92 % Pension ............... 2.75'= Additional % Security Fund......... 3.20•= 1.05 per hr % Training Fund......... .24'.24 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 8th. Vacation .............. 3.00'= % Page 21 1/01/92- 7/01/92- 6/30/92 12/29/92 Additional Additional 1.00 per hr 1.50 per hr of Journeyman's wage. Listed supplements apply to AL( classifications ( )Yes ( x )No. (*)Apprentice supplements appear in second column. 8-638s/s ROOFER 'Apprentice supplements appear in second column WAGES(per hour) 10/01/90- 10/01/91- 10/01/92- 4/01/93- 9/30/91 9/30/92 3/31/93 9/30/93 Roofer ............... $ 21.34 Additional Additional Additional Waterproofer........... 21.34 1.00 per hr 1.05 per hr 1.05 per hr OVERTIME PAY: See ( A, E. 0 ) on OVERTIME PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-1)(1-4) PAID HOLIDAY: See t 1 ) on HOLIDAY PAGE attached. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 8th. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 6 ) SUPPLEMENTAL BENEFITS:(per hour worked) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. Pension ............... 3.05 '3.05 per per per 50% 55% 60% 65% 70% 75% hour Vacation .............. 2.451'note SUPPLEMENTAL BENEFITS:(per hour worked) Annuity ............... 3.00 'note Health/Welfare.......-4.39'Term % Benefit Fund......... 1.11 *note Pension ............... 3.00• " Listed supplements apply to ALL classifications ( )Yes ( x )No. Apprentice Training... .03• .03 H/W-term/amt.-1st-.70; 2nd -.90; 3rd -1.22; 4th -1.48; 5th -1.87; 6th thru 8th -2.752 Vacation .............. 3.00'Term % Ann.-term/amt.-1st-.23;2nd-.30;3rd-.35;4th-.41;5th-.41;6th-.41;7th-.645;8th-1.475 Annuity ............... 1.86' " 8-28 Listed supplements apply to ALL classifications ( )Yes ( X )No. 'Apprentice supplements appear in second column 4-154 SHEETMETAL WORKER WAGES(per hour) 2/01/90- 8/01/90- 2/01/91- 8/01/91- 7/31/90 1/31/91 7/31/91 1/31/92 Sheetmetal Worker.... $ 25.32 additional Additional Additional OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-1)(1-4) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 8th. 7.60 8.87 10.13 11.40 12.66 16.46 17.73 20.26 SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 2.752'note 1.00 .75 .75 Pension ............... 3.05 '3.05 per per per Suppl.Unemploy.Benefit .16 ' .04 hour hour hour Vacation .............. 2.451'note Annuity ............... 3.00 'note Education Fund........ .27 .27 Benefit Fund......... 1.11 *note Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Apprentice supplements appear in second column. H/W-term/amt.-1st-.70; 2nd -.90; 3rd -1.22; 4th -1.48; 5th -1.87; 6th thru 8th -2.752 Vac-term/amt.-1st-.74;2nd-.88;3rd-.98;4th-1.10;5th-1.23;6th-1.265;7th-1.62;8th-1.98 Ann.-term/amt.-1st-.23;2nd-.30;3rd-.35;4th-.41;5th-.41;6th-.41;7th-.645;8th-1.475 Ben-term/amt.- 1st-.34;2nd-.39;3rd-.45;4th-.50;5th-.56;6th-.73;7th-.78;8th-.89 8-28 0 State of New York Department of Labor PREVAILING RATE SCHEDULE 0 )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -021201'92 SUFFOLK COUNTY Page 22 WELDER Welder To be paid the rate of the mechanic performing the work. TEAMSTER Truck Driver(Building and Heavy/Highway): GROUP 1: Chauffeur and Excavation. GROUP 2: Euclid and Turnapull type trucks. WAGES(per hour) 7/01/89- 6/30/90 Truck Driver (Building and Heavy/Highway): Group 1 .............. 18.235 Group 2 .............. 18.705 OVERTIME PAY: See ( B, E, P, T ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.51 Pension ............... 3.10 Annuity ............... 4.5525 Listed supplements apply to ALL classifications ( X )Yes ( )No. 4-282nsh SIGN ERECTOR WAG S(per hour) 7/01/89- 7/01/90- 7/01/91- 6/30/90 6/30/91 6/30/92 Sign Erector......... $ 20.70 21.30 22.05 OVERTIME PAY: See ( A, E, P, T ) on OVERTIME PAGE attached. PAID HOLIDAY: See( 5,6,10,11,12,16 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 4 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd. 4th 5th. 6th. 7th. 8th. 9th 10th 35% 40% 45% 50% 55% 60% 65% 70% 75% 80% SUPPLEMENTAL BENEFITS!(per hour worked) Health/Welfare........$ 9 % 'Note 11 % `Note 13 % *Note Pension......... 2.58 '1.38 2.83 '1.63 3.08 •1.88 Apprentice Training... .13 '.13 .14 •.14 .15 •.15 Vacation .............. 8 % 'Note 8 % 'Note 8 % 'Note Annuity ............... 18.00day 'Note 21.00day•Note 24.00day'Note Scholarship Fund...... .01 '.01 .01 '.01 .01 '.01 Listed supplements apply to ALL classifications ( )Yes ( x )No. Appr. Supp. appear in second column. *Note- H/W -1st. & 2nd. yr..75 per hr; after 2yrs. full Journeyman % Ann. -1st. & 2nd yr 0 ,3rd yr 2.00 per day, 4th yr. 4.00 per day, 5th yr. 6.00 per day. Vac. -1st. & 2nd. yr. 2%; 3rd. yr. 4%; 4th. & 5th. yr. 6% 8-137 State of New York Department of Labor PREVAILING RATE SCHEDULE ( )SATICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 23 HIGHWAY STRIPER AW GES(per hour) 4/01/91- 4/01/92- 4/01/93- 3/31/92 3/31/93 3/31/94 Painter(Striping-Highway etc.): Striping -Machine Oper.$ 16.27 16.92 17.57 " Helper......... 14.49 15.14 15.79 Linerman.............. 16.79 17.44 18.09 OVERTIME PAY: See ( B,E,P,S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,8,10,11,12,15,16 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 13 % 13 % 13% Pension ............... 4 % 4 % 4% Vacation .............. 7 % 7 % 7% National Pension...... .50 .50 .50 Listed supplements apply to ALL classifications ( x )Yes ( )No. B-230 TREE TRIMMER WAGES(per hour) 10/1/85- 9/30/86 Tree Trimmer: Trimmer -T 7 (start)... $ 7.75 -T 6 after 6 mo. 8.32 -T 5 12 mo. 8.54 -T 4 18 mo. 8.93 " -T 3 24 mo. 9.70 " -T 2 " 30 mo. 10.14 " -T 1 36 mo. 11.56 Driver,Groundsman...... 9.53 OVERTIME PAY: See ( B, E, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (5,6,7,8,11,12,18,19)) on HOLIDAY PAGE attached. SUPPLEMENTALBENEFITS: (per hour worked) Health/welfare........ $ Contr.Provide H. & W. + $10,000 Life Ins. Annuity ............... .35 Holidays.......... .. (12 paid). Vacation - after 15 mo./l week. -after 30 mo./2 weeks. -after 10yrs/3 weeeks. - pro -rated if less than 1700 hrs.in prior year. Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-1049t • PREVAILING RATE SCHEDULE )See NOTICE PAGE ATTACHED A State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20!92 SUFFOLK COUNTY Page 24 SURVEY CREW WAGES:(per hour) 8/01/90- 7/01/91 7/01/92- 6/30/91 6/30/92 6/30/93 Survey Rates -Building: - Party Chief......... 22.31 Additional Additional 2.09 per hr 2.09 per hr Instrument Man...... 19.24 Additional Additional 1.68 per hr 1.68 per hr Rodman/Chainman..... 12.67 Additional Additional 1.31 per hr 1.31 per hr OVERTIME PAY: See ( A,E,Q ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Health/Welfare........ 2.40 Pension ............... 2.15 Apprentice Training... .20 Vacation .............. 1.00 Annuity ............... 4.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-15Db ------------------------------ WAGES:(per hour) 8/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Survey Rates-Heavy/Hiway: Party Chief......... 22.20 Additional Additional 2.22 per hr 1.84 per hr Instrument Man...... 18.91 Additional Additional 1.77 per hr 1.67 per hr Rodman/Chainman..... 17.00 Additional Additional 1.65 per hr 1.56 per hr OVERTIME PAY: See (B,E,O ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Health/Welfare........ 2.40 Pension ............... 2.15 Apprentice Training... .20 Vacation .............. 1.00 Annuity ............... 4.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-15D-N/S SURVEY CREW - CONSULTING ENGINEERS Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a consulting engineer agreement. WAGES:(per hour) 8/01/88- 7/01/89- 7/01/90- 6/30/89 6/30/90 6/30/91 Survey Rates: Party Chief......... 18.01 18.61 19.01 Instrument Man...... 15.18 15.78 16.18 Rodman/Chainman..... 12.43 13.03 13.43 OVERTIME PAY: See ( B,E,O ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Health/Welfare........ 1.35 1.60 1.85 Pension ............... 1.00 1.10 1.20 Apprentice Training... .05 .05 .05 Suppl Unempl. Benefit .05 .05 .05 Vacation .............. .72 .72 .72 Annuity ............... 1.25 1.50 2.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-15Dc State of New York Department of Labor PREVAILING RATE SCHEDULE ( )SOOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 25 DRILLING AW GES(per hour) 10/17/89- 10/17/90- 10/16/90 10/16/91 Core Drilling: Driller............ $ 17.205 17.985 Helper.......... 15.445 16.225 OVERTIME PAY: See ( B. E, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5, 6 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 2.41 2.60 Pension ............... 3.09 3.09 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-1536 ------------------------------ WAGES(per hour) 8/01/86- 8/01/87- 8/01/88 - 7/31/87 7/31/88 7/31/89 Well Driller: Driller ......... $ 16.40 Additional Additional " Helper..... 14.40 1.00 1.00 OVERTIME PAY: See (B,E,P ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 9 % to be to be Pension ............... 2.75 allocated allocated Annuity Fund.......... 1.50 later. later. Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-138well 0 State of New York Department of Labor PREVAILING RATE SCHEDULE 0 )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Publ i stied -02/20/92. ,. SUFFOLK COUNTY Page 26 WAGES(per hour) 7/01/91 - Building: 6/30/92 Hoist(Multiple Platform) 25.65 Lead Engineer 24.255 Hoist(Tandem Platform 24.03 Tower Crane(Engineer) 23.61 SideBoom Tractor(Used in tank work) 23.315 Scoop, Carry -all, Scraper in tandem 23.23 Boom Trucks or Cranes (used for stone setting or structural steel) 23.18 CMI or Maxim Spreader, Concrete Spreader, Derrick, Sideboom Tractor 23.155 Tank Work 23.08 Hoist, 2 Drum, Hoist, 3 Drum 23.03 Backhoe,Dragline, Gradall, Pile Driver, Shovel 23.055 Elevator, Fork Lift, Hoist, 1 Drum 22.98 Batching Plant(on site of job), Power Winch(used for stone or steel), Power Winch (Truck Mounted -used for stone or steel), Pump, Concrete 22.955 Dredge 22.93 Roller, Trench Machine 22.855 Welding Machine, Structural Steel 22.83 Boom Truck, Crane, Crawler or Truck, Conveyor(Multi), Plant Engineer, Stone Spreader (Self -Propelled) 22.805 Asphalt Spreader 22.78 Fork Lift(Walk Behind, Power Operated) 22.77 Compressor(Structura Steell 22.755 Boiler, Bulldozer, Compressor(on Crane), Compressor(Pile Work), Compressor(stone setting), Concrete Breaker, Conveyor, Generator -Pile Work, Loading Machine(Front End), Maintenance Engineer,Powerhouse, Power Winch(used for other than stone or steel), Power Winch, Truck Mounted(used for other than stone or steel, Pulvi-Mixer,Pump(Dble Action Diaphragm), Pumps(Gypsum, Hydraulic, Jet, Single Action- 1 to 3, and Well Point), Welding and Burning, Welding Machine (Pile Work) 22.605 Curb Machine(Asphalt or Concrete), Curing Machine, Pump(Submersible), Maintenance Man 22.55 Grader 22.38 Compressor, Compressor(2 or more in battery), Generator, Mulch Machine, Pin Puller, Portable Heaters, Pump(4 inches or over), Track Tamper(2 Engineers,Each), Welding Machine 22.355 Stiping Machine 22.28 Bulldozer(used for excavation), Fireman, Loading Machine, Powerbroom, Vac -All 22.23 Concrete Saw or Cutter, Mixer(with Skip), Mixer(2 Small with or without Skip), Pump(Up to 3 inches),Tractor,Craterpillar or Wheel, 21.855 Scoop(Carry-All Scraper) 22.23 Hydra Hammer, Ridge Cutter 21.77 Bending Machine, Dinky Locomotive, Generator(Small), Vibrator(1 to 5), 21.605 Power Buggies 21.48 Stump Chipper and Oiler 21.255 Mechanical Compactor(Hand Operated), Trench Machine(Hand) 21.23 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare....... $ 5.32 Pension .............. 2.75 Apprentice Training.. .45 Annuity .............. 4.00.Overtime Rate for of hours Suppl. Unempl........ .75 Legal ................ .25 Listed supplements apply to ALL classifications ( )Yes ( )No. 4-138b ------------------------------ .y State of New York Department of Labor .• T PREVAILING RATE SCHEDULE Case Number Bureau of Public Work 9b-7/01/91 thru 6/30/92 Published -02/20/92 ( ' )Se*OTICE PAGE ATTACHED 9201817 SUFFOLK COUNTY Page 27 Operating Engineer (cont) ( WAGES(per hour) 7/01/91- 6/30/92 HEAVY / HIGHWAY: Scoop(Carry-All,Scraper in Tandem), Tower Crane(Engineer), 23.535 Backhoe, Crane(Stone Setting)_ Crane(Structural Steel), Dragline, Gradall, Pile Driver, Road Paver, Shovel 23.28 Batching P1ant(on site of job), Crane(on Barge), Sideboom Tractor(used in tank work), Tank Work 23.135 Hoist(3 Drum), Power Winch(Truck Mounted -used for stone or steel), Power Winch(used for stone setting and/or structural steel),Trench Machine 23.125 Asphalt Spreader,Boom Truck,Boring Machine(other than Post Holes), CMI or Maxim Spreader, Crane(Crawler or Truck), Concrete Spreader, Conveyor, Multi, Plant Engineer, Sideboom Tractor,Stone Spreader(self propelled) 22.91 Boring Machine, Post Holes 22.85 Compressor(Stone Setting),Compressor(Structural Steel), Welding Machine(structural steel) 22,795 Dredge 22.745 Work Boat 22.735 Compressor(on Crane), Compressor(Pile Work), Generator -Pile Work, Hoist,2 Drum, Loading Machine(Front-End), Powerhouse, Power Winch(Truck Mounted -used for other than stone or steel),Power Winch(other than stone or struct.steel),Welding Machine,Pile Work 22.635 Mechanical Compactor, Machine Drawn, Roller(over 5 Ton) 22.45 Boiler 22.41 Pump, Concrete 22.37 Compressor(2 or more in battery 22.33 Grader 22.315 Bulldozer, Concrete Finishing Machine, Conveyor,Curb Machine,Asphalt or Concrete, Curing Machine, Dinky Locomotive, Fireman, Fork Lift, Hoist,l Drum, LoadingMachine, Maintenance Machine,Pulvi-Mixer, Pump(4 inches or over), Pumps(Hydraulic, ,Jet, Submersible and Well Point), Roller(5 ton and under), Scoop,Carry-All,Scraper, Maintenance Man, Vac -All, Welding 8 Burning 22. 17 Generator 22.02 Portable Heaters 22.275 Compressor, Mulch Machine, Pin Puller, Pump(Double Action Diaphragm),Pump-Gypsum, Pump(Single Action 1 to 3), Striping Machine, Welding Machine 21.725 Powerbroom 21.15 Concrete Saw or Cutter, Fork Lift,Walk Behind,Power Operated, Hydra Hammer, Mixer(with Skip), Mixer(2 Small with or withour Skip), Power Buggies, Power Grinders, Concrete Breaker, Ridge Cutter 21.01 Vibrator(1 to 5) 20.805 Oiler, Root Cutter, Stump Chipper, Oiler, Track Tamper(2 Engineers,Each), Deck Hand 20.70 Generator(Small) 20.695 Bending Machine, Pump, Centrifugal(up to 3 inches), Trench Machine(hand) 20.66 Tractor,Caterpillar or Wheel 20.485 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12.) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 5.32 Pension ............... 2.75 Apprentice Training... .45 Annuity ............... 4.00' Overtime Rate for 0. T. hours. Suppl. Unemp........... .75 Legal ............. .25 Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-138h 0 State of New York Department of Labor PREVAILING RATE SCHEDULE 0 )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/`�2 ,,, SUFFOLK COUNTY Page 28 MARINE CONSTRUCTION 10/01/88- 10/01/89- 10/01/90- WAGE (per hour) 10/01/88- 10/01/89- 10/01/90- 9/30/89 9/30/90 9/30/91 Hydraulic Dredge: 19.87 20.42 Blaster Leverman 18.00 18.85 19.53 Engineer 17.48 18.15 18.65 Maint.Engineer 17.23 17.89 18.39 Derrick Oper. 17.48 18.15 18.65 Chief Mate on Dredge 17.23 17.89 18.39 Mate 16.14 16.76 17.23 DeckHand 14.24 14.65 14.93 Oiler 14.75 15.18 15.47 Fireman 14.75 15.18 15.47 Shoreman 14.24 14.65 14.93 Boat Captain 16.26 ------------------------- 16.89 17.36 Tug Boats: Tug Master 16.98 17.63 18.12 Tug Captain 16.26 16.89 17.36 Tug Chief Engineer 16.56 17.20 17.68 Tug Engineer 16.26 16.89 17.36 Tug Deckhand 14.41 ------------------------- 14.83 15.11 Dipper and Clamshell Dredges: Operator 18.31 19.17 19.86 Engineer 17.83 18.52 19.03 Maint.Engineer 17.23 17.89 18.39 Mate 16.14 16.76 17.23 Deckhand 14.41 14.83 15.11 Oiler 14.75 15.18 15.47 Boat Master 16.98 17.64 18.13 Boat Captain 16.26 ------------------------- 16.89 17.36 OVERTIME PAY: See ( B, E. P, S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. The following SUPPEMENTAL BENEFITS apply to all to ALL classifications of the above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. SUPPLEMENTAL BENEFITS:(per hour worked.) Health/Welfare ........ $ 1.56 1.56 1.56 Pension ............... 1.03 1.03 1.03 Vacation .............. 8 % 8% 8% 4-25a WAGES(per hour) 10/01/88- 10/01/89- 10/01/90- 9/30/89 9/30/90 9/30/91 Drill Boat: Engineer 19.13 19.87 20.42 Blaster 19.33 20.07 20.63 Driller/Welder/Machinist 19.14 19.88 20.43 Oiler 18.13 18.66 19.01 Helper 18.13 18.66 19.01 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (per hour worked) Health/Welfare ........ $ 1.56 1.56 1.56 Pension ............... 1.03 1.03 1.03 Vacation .............. 8 % 8 % 8% Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-25/3 OCCUPATIONS APPLICABLE TO BUILDING and HEAVY/HIGHWAY SCHEDULES STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK .r STATE OFFICE BUILDING CAMPUS • ALBANY, N.V. 12240 TWO or MORE WILLFUL DETERMINATIONS 02/25/92 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK Page 1 Under Article 8 of the Labor Law, if within any six year period two final determinations are rendered against an employer finding that they have wilfully violated the prevailing wage law, they are debarred, that is, they are ineligible to submit a bid on, be awarded, or participate as a contractor or subcontractor on any public work contract let by the State, any municipal corporation, or public body for a period of five years from the date of debarment. Below is a list of the employers who have been debarred. CONTRACTOR Number Date Date Fiscal Barred of of 1st of Last Officer Until Determ's Wilful Wilful (see Note:) Hydro -Fab Corporation ( 2 J 3/13/87 3/25/87 DOL 3/25/92 416 Stanley Avenue. Brooklyn,NY 11207 Greece Asphalt Company,Inc. C 2 ) 1/16/87 3/30/87 DOL 3/30/92 78 Bennington Drive, Rochester, N.Y. 14616 J. W. Duffus Contracting, Inc. ( 2 ) 8/7/86 5/8/87 DOL 5/8/92 Associated Safety Lighting,Inc. ( 2 J 11/25/86 10/05/87 DOL 10/05/92 2788 Mohawk Street, Sauquoit, N.Y. Esquire Wire & Fence Co. ,Inc. ( 3 J 06/27/84 4/15/88 DOL 4/1S/93 1033 Route 1, Avenel, N. J. 07001 J & B Bilac Contractors,Inc. ( 2 ) 10/30/87 10/30/87 NYC 10/30/92 L & M Company, A Oi v. of Ni eto Roofing Contractors,Inc. C 3 ) 05/05/87 09/13/89 DOL 9/13/94 501 Willett Ave—Port Chester,NY 10573 J. L. Bailey, d/b/a Castile Hardware a/k/a Castile Hardware, Plumb. & Hgt. ( 2 ) 05/07/87 05/16/89 DOL 5/16/94 1 East Park Road, Castile, NY 14427 Premier Restoration & Supply Company, Inc, a/k/a Premier Restoration & Supply, Inc. and C2 J 09/17/86 04/13/89 DOL 4/13/94 178 Front Ave., West Haven, Conn. 06516 Great South Beach Marine Construction, a/k/a Great South Beach Marine Construction, Inc. (2 ) 01/27/88 06/15/89 DOL 6/15/94 70 Browns River Road, Sayville, New York 11782 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK w STATE OFFICE BUILDING CAMPUS ALBANY, N.Y. 12240 TWO or MORE WILLFUL DETERMINATIONS 02/25/92 Page 2 (Continued) Mid -States Industries, Ltd. ( 2 ) 03/03/87 06/22/89 DOL 6/22/94 P 0 Box 4228 1105 Catalyn St., Schenectady, New York 12303 TAP Electrical Contracting Service, Inc. C 2 ) 01/21/86 11/08/89 DOL 11/09/94 926 Lincoln Ave., Holbrook, New York 11741 Dickson Painting, Inc. ( 2 ) 09/10/86 03/13/90 DOL 3/13/95 326 Maple Street, Endicott, New York 13760 Silver Springs Construction Corp. C 2 ) 11/15/88 02/23/90 DOL 2/23/95 Box 204, Bald Mountain Rd.; Troy, New York 12180 Interior Systems Co. Inc. ( 2 ) 08/24/84 03/19/90 DOL 3/19/95 3020 Cross Road; Johnson City, New York 13790 Hollywood Commercial Renewals,Inc. a/k/a Hollywood Commercial Renewals of Nassau,Inc. ( 2 ) 12/16/88 10/26/90 DOL 10/26/95 359 Duffy Avenue, Hicksville, New York 11801 Stride Construction Company and Christopher Risdale & David Strano (Individually) ( 2 ) 4/06/87 11/15/90 DOL 11/15/95 78 Otis Street, Rochester, New York T. J. Marks & Sons Inc. C 2 ) 7/01/87 10/19/90 DOL 10/19/95 PO Box 145, Guilford, New York 13780 Montour Meta I s, Inc. 116 North Catherine St., Montour Falls,New York ( 2 ) 09/28/90 09/24/91 DOL 09/24/96 Sloan Steel Erectors & Equip.Rental,Inc. ( 2 ) 10/18/89 02/19/92 DOL 02/19/97 1560 Harlem Road, Buffalo, NY 14206 Note: * Date was computed by adding 265 days during which a stay was effective to the 5 year debarred period. Note: Where the Fiscal Officer is denoted "NYC", the information has been provided by the New York City Comptroller's Office, the agency issuing the determinations. Any questions regarding these listings should be addressed directly to the Comptroller. The Bureau of Public Work of the New York State Department of Labor will respond with regard to listings where the Fiscal Officer is listed as "DOL". docm:debarre • S ECT,ION M COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATICNS A. STATE REGULATIONS j, The Contractor shall comply with the cpplicclble provisions of the "Labor Lew" as emended, of the State of New York. This Contract shall be void unless applicable sections of said Lobar Low ere complied with. 2. Each and every provision of low and clause required by low to be part of this Contract shall be deemed to be included herein and this Contract shall be recd and enforced as though it were included herein, and, if throuah'mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physic=lly amended to r,.=k= such inclusion. Specifically, Section 220-e, of the Labor Law, as so emended, prohibits in contracts, discrimination on account of race, creed, calor, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Ov--ner under this Contract a penalty of five (55.00) dollars for each person for each calendar day during which such per,.on was discriminated against or intimidated in violation of Section 220-e.; provided, that for a seccnd or any subsequent violation of the provisions -of said paragraph, this Contract may be cancelled or terminated by the Owner and all monies due or to become due hereunder ;may. be forfeited. B. FEDERAL REGULATIONS 1. CERTIFICATION OF NONSEGREGATED FACILITIES By the submission of this bid, the bidder, offeror, eppliccnt, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and,that he does not permit his employees to perform their services at any location, under his control, where searepated facilities are maintained. He certifies further that he will not maintain or provide for his employees an segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is o violation of the Equal Opportunity clause in this contract_ As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, RESTROOM FACILITIES M - I time clocks, locker rooms and other storage or dressinn areas, perkine tors, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segreMted by explicit directive or are in fact secreooted on the basis of race, creer, color, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical ccrtificctions from proposed subcontractors for specific time periods) he will obtain identical eertificcticns from proposed subcontractors prior to the award of subcantracts exceeding $10,CCO which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; dnd that he will.forward the following notice to such posesubcontractors subcontractors (except where the proposed subcontractors have submitted identical eer`ifications for specific time periods): 2. NOTICE TO PROSPECTIVE SUSCON TRr",CTORS OF REOUI'E'V;EN T FOR, CERTIFICATIONS OF NCCN SEGREG:,TED FACILITIES A certification of Nensearecated Facilities must be submitter prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract, the covIractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national oriein. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without record to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without record to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with whiclihe has a collective borgoining agreement or other contract or understanding, a notice to 6c provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September. 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. RESTROOM FACILITIES M 2 (4) The contractor will comply with all provisions of Executive Order No. 11.26 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports recuired by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuont thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes o*f investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination' clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in pert and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Orcer No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 1124.6 of September 241 1965, or by rule, regulation, or order of the Secretary of Laber, or as otherwise provided by law. (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, reaulcHons, or orders of the Secretary of Labor issued pursuant to Section 204 -of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect ta.any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protest the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805-4 Reports and Other Required lnforma.tion (e) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO -1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (1) is not exempt from the provisions of this Subpart 1-12,8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has c contract, RESTROOM FACILITIES M - 3 0 • sub -contract, or purchase order amounting to 550,000 or more, or serves as a depositary of Government funds in any amount, or is c financial institution which is cin issuing and paying agent for U.S. savings bonds and savings notes: Provided, That any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (1), (ii), and (iv) of this peracrcrh (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shell file such a report with the contracting or administer- ing agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding fhe date of the award. Subsequent reports shall be submitted annually in accordance with subperccrepn (]) of this paragraph, or at such other intervals as the agency or the Director may recuire. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may recuire a prime contractor to keep employment or other records and to furnish in the. form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as re- quired, constitutes nonco?%pHance with the prime contractor's or subcontractor's obligations under the equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanctions authorized by the Order and the regulations in this subpart; Any. such failure shell be reported in writing to the Director by the agency as soon as practicable after it occurs. 1 -12.805.4 Reports and Other Required Information b. Requirements for bidders or prospective contractors. (1) Each agency shall require each bidderor prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has parti- cipated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the cpplicoble filing requirements. The statement shall be in the form of a representation by the bidder or offeror sub- stantiolly as follows: RESTROOM FACILITIES M -4 (c) "The bi6-er (or offeror) rcprc:cnts tinct "le ( hg:, ( ) kc, not, perticipoted in a previous contract or subcontract subie=t to the Equcl Opportunity clause herein, or the cicuse Originally cpn- tcine6 in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( )hes not, filed ell recuired conplicnce reports; cnd that , representations indicating submission of required compiiance reperts, sicned by propcsed subcontractors will be co-tcined prior to sub- contract awards." (The above representation need not be su'mitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or , ofFeror shall be permitted to satisfy the requirement priur to award. , (2) In any case in which a bidder or prospective prime contractor or propcsed subcontractor, which participated in a previCUS contract or su-contrcct subject to Executive Orders No. 10925, 11114, or 11246, has not filed c report due under the applicable Filing requirements, no contract or subcontract shall be cwarded, unless such contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the acency or the Director requests prior to the award of the contract or subcontract. When a determination had been made to award the contract or sub- contract to a specific contractor, such contractor shell be'required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. Use:of Reports. Reports filed pursuant to this 1-12.305-4'sholl be used only in connection with the cdministrction of the Order, the Civil Riches Act of 1964, or in furtherance of the purposes of the Order and said Act. (d) Acquisition of Report m Fors. Standard Form 100 is available in all GSA supply depots. Copies of the Form may be obtained from GSA through the contracting or administering aeency. The stock number For the form is as follows; Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. RESTROOM FACILITIES M -5 1-12.805.4 PROCUREMENT STANDARDS A. All Contracts and Subgrants For constructicn or repair shall include a provision For compliance with the Copeland "Anti - Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 C --R, Part 3). This Act provides that each Contractor or Subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grcntee shall report all suspected or reported violations to the Grantor Agency. B. Where applicable, all Contracts owerded by Grantees and Sub - grantees in excess of 52,000 for construction contracts and in excess of $2,500 for other contracts which involve the em- ployment of mechanics or laborers shell include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Reculotions (29 CI -R, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materiels orarticles ordinarily available on the ooen market, or contracts for transportation or transmission of intelligence. co Each Contract of on amount in excess of 52,500 awarded by a Grantee or Subgrantee shell provide that the recipient will comply with applicable regulations and standards of the Cost Living Council in establishing wanes and prices. The provision shall advise the recipient that submission of a Bi -d or offer or the submittal of on invoice or voucher for property, goods, or services furnished under a contract or acreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service fit -Irl office. RESTROOM FACILITIES M - 6 10 • D. Contracts'cnd Subcrcnts of amounts in cxcc.s of SILO,CO shall contain a provision -which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clcan Air Act of 1970. Violations shall be reported to the Grantor Acency and the Re,zional Office of the Environmental Protection Acency. E. Contracts shall contain such contrcctucl provisions or conditions which will allow for administrative, contrcctucl, or fecal remedies in instances where contractors violate or breach contracts terms, and provide for such senctiens and penalties as may be appropriate. F. All contracts, amounts for which are in excess of $2,500, shall contain suitable provisions for termination by the* grantee including the manner by which it will be effected and the basis for settlement. In odditien, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. G. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the banding requirements provided in Attachment B to this Circular. H. All contracts end,isubgrants in excess of S10,000 shall in— clude provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity," as supplemented in Department of Labor Regulations (41 CFR, Pcrt 60). Each contractor or subgrantee shall be required to have on affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies ocels and target dates to assure the implementation of that plan. The grantee shell establish procedures to assure compliance with this requirement by contractors or suberontees and to assure that suspected or reported violations are promptly investigated. RESTROOM FACILITIES M — 7 • • COMPLIANCE WITH PROVISIONS OF THE UMBCP, LAW Pursuant to Article 8 of the Labor Low, the contractor's attention is directed to the following requirements: i. Section 220.2 which requires a stipulation that no laborer; workmen or mechanic in the employ of the contractor, subcontractor or other person doing or contract- ing to do the whole or a pert of the work contemplated by the contract shall be permitted or required to work more than eicht hours in any one calender day or more than five days in any one week except in the emergencies set forth in the Labor Law. 2. Section 220.3 which requires a provision that each laborer, workman or mecncnic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate of wages onu shell be provided supplements not less than the prevailing supplements as determined by the fiscal officer. 3. Section 220.3-a also requires that the contractor end every subcontractor on public works contracts shall pest in a prominent and accessible place on the site of the work a legible statement of all wace rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. 4. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide progrom registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his wore% force on any job under the registered program. Any employee listed on a payroll at on apprentice wage rote, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates, for the area of construction prior to using any apprentice on the contract work. 5. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any r person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State Low against Discrimination which also prohibit discrimination in employment because of age); RESTROOM FACILITIES M - 8 • 0 (c) That there may be deducted from the emeunt payable to the contractor by the State or municipality under this contract a penalty of five collars for e•ccn calendar day during which such person was diseriminetec cccinst or intimic=te�: in violation of the provisions of the contract; (d) That this contract may be cancelled or terminated by the Stcte cr munic'pal- ity, and all moneys due or to became due hereunder mcv be farfeited, for c second or any subsequent violation of the terms or ccnditiens of this section of the contract. 6. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the Stcte of New York. 7. Section 222 which requires that preference in employment s:.cll be given to citi- zens of the State of New York who have been residents for at least six consecutiv- months immediately prior to the commencement of their employment; that perscr,s other than citizens of the State of New York may be emoloyed when such citizens are not available; and that if the requirements of Section 222 concerning prefer- ence in employment to citizens of the State of New York ore not complied with, the contract shall be void. 8. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the eliminat- tion of harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have b& --en approved by the Bccrd of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State ccntracting agency, including Public authorities, must include in each contract parccrcphs (c) through (g) of the Standard Stcte Contract clauses promulccted by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wanes can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the deportment of jurisdiction after being advised by the New York State Department of 'Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. RESTROOM FACILITIES M - 9 General•Rt•fdulotion No. 1, as issued by the State Commission for Human =ichts r � _ � G'giJif�S that each contract contains a stipulotion that; "It is hereby agreed by and between the parties hereto that eve -y contractor end subcontractor enc�ged in the public work described in this contract shall post and maintain at each of his esteblisi,ments and at all o1cces at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Riehts indicating the substantive provisions of the Low Accinst Discrimination, where complaints mcy be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by'employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Richts in the respective area. You are requested to refer to C -ie bureau of Public Work all cherces of discrimination in employment including discrimination because of ace, race, creed, color or nc`icncl origin RESTROOM FACILITIES M — 10 i SECTION N NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: a. The Contractor will not discriminate oaainst any employee or applicant for employ- ment because of race, creed, color, or national origin, and will take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or teimiriation, rates of pay or other forms of compensation, and selection for training or retrain- ing, including apprenticeship and on-the-job training. b. The Contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other cgreernent or understanding , a notice, to be provided by the Commission of Human Rights, advising such labor union or representative 'of the Contractors agreement under clauses "a." through "h. hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will take affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, de- ..motion, e- ..motion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job train ing. Such notice shall b'e given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of per- formances of this contract. If such labor union or representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. C. The Contractor will post and keep posted in conspicuous places, available to employ( and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provisions of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. d. The Contractor will state, in all solicitations or advertisements for employees placed by -or on behalf of the Contractor, that all qualified applicants will be afforded equa employment opportunities without discrimination because of race, creed, color, or national origin. RESTROOM FACILITIES N - I 0 0 e. The Contractor will comply with the provisions of Sections 291-299 of the Executi Law and the Civil Rights Law, will furnish at I information and reports deemed nec spry by the Commission for Human Rights under these non-discrimination clauses ar such sections of the Executive Low, and will, permit access to his books, records, and accounts by the Commission for Human Rights, and Owner representatives/ccu for purposes of investigation to ascertain compliance with these non-discriminetior clauses and such sections of the Executive Law and Civil Rights Law. f. This Contract may be forthwith cancelled, terminated, or suspended in whole or it part, by the contracting agency upon the basis of a finding made by the Cominissic of Human Rights that the Contractor has not complied with these non-discriminatio clauses, and the Contractor may be decltsred ineligible for future contracts made b or on behalf of the Owner/Contracting Agency until he satisfied the Commission fc Human Rights that he has established and is carrying out a proerom in conformity w the provisions of these non-discrimination clauses. Such finding shall be made by Commission for Human Rights after conciliation efforts by the Commission have fail to'achieve compliance with these non-discrimination clauses and after a verified c plaint has been filed with the Commission, notice thereof has been given to the Cc tractor and an opportunity has been afforded him to be heard publicly before three members of the Commission. Such sontions may be imposed and remedies otherwise provided by law. g. If this Contract is cancelled or terminated under clause "f:', in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, th, or Contractwill hold the Owner harrpless against any additional expenses or costs it curred by the Owner in completing the work or in purchasing the services, materia equipment, or supplies contemplated by this contract, and the Owner may withholc payments from the Contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. h. The Contractor will include the provisions of clauses "a;', through "g:' in every sub contract or purchase order in such a manner• that such provisions wil I be binding up( each subcontractor or vendor as to operations to be performed within jurisdictional locale of the Project being contracted by the Owner. The Contractor will take suc action in enforcing such provisions of such subcontract or purchase as the Owner/ Contracting Agency may direct, including sanctions or remedies for non-compliant If the Contractor becomes involved in or is threatened with litigation with Cl sub- contractor or vendor as a result of such direction by the Contracting Agency/Owne, the Contractor shall promptly so notify the Owner's representatives/counsel, reque! him to intervene and -protect the interests of the Owner (Contracting Agency's jurisdictional area). RESTROOM FACILITIES N - 2 DIVISION ONE - GENERAL REQUIREMENTS • All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: A. The work covers the construction of a new 12' X 20' one story restroom facility located at Town Beach on County Rte. 48, Southold, New York, in full accordance with the contract documents. B. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred therefrom. C. This contract includes all site work for the project. D. The Contractor shall obtain and pay for all applicable fees and charges not specifically excluded from this contract. 1.02 WORK BY OTHERS: A. The following will be provided by other: 1. The Owner will provide and pay for the following: a. Village of Greenport water tap fee. b. All related building permits. END OF SECTION RESTROOM FACILITIES 1010-1 Section 1080 - APPLICABLE CODES 1.01 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. 1. Applicable codes or ordinances of local governing agencies. 2. National Fire Protection Association (NFPA). 3. New York Building Code. 1.02 The Town of Southold shall obtain and pay for all permits and required inspections. END OF SECTION RESTROOM FACILITIES 1080-1 0 Section 1500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.01 UTILITIES A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during construction and shall pay for all electrical power used. B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. C. TEMPORARY TELEPHONE SERVICE: The Contractor shall install and pay a temporary job telephone for the duration of the contract. Telephone shall be equipped with an outside gong or bell. D. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades during the construction period. E. TEMPORARY SANITARY FACILITIES: The Contractor shall provide and maintain temporary toilets in accordance with local health ordinances. 1.02 BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas during construction and, shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION RESTROOM FACILITY 1500-1 Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect. B. For products specified by naming only one product or manufacturer, unless otherwise indicated The Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the project was used when requested by the Architect. B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. C. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He Will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to_ substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS: A. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. B. The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. C. Substitutions which require a substantial revision of the Contract Documents will not be considered. RESTROOM FACILITIES 1600-1 • 1.05 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION RESTROOM FACILITIES 1600-2 • DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General requirements of these specifications. section 2100 - SITE PREPARATION Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 1. Earthwork - 2200 Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 CLEARING: A. Limits of clearing shall be all areas within the proposed improvements. b. Saw cut existing pavement in construction are as required. Excess material shall be removed from the site at the contractors expense. 3.03 STRIPPING: A. stockpile all excavated sand & Gravel in designated or approved location. All remaining stockpiled material at the end of the project will be collected by the Town of Southold. 3.04 DISPOSAL: A. Burning of•material on the site will not be permitted. B. Removal: 1. Material to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours, material to be removed shall not be allowed to accumulate for more than 48 hours. C. Dumping:. 1. Construction & Demolition material generated by this project shall be dumped at the Southold Town landfill at no cost to the contractor. END OF SECTION RESTROOM FACILITIES 2100-1 Section 2200 - EARTHWORK Part 1 - GENERAL 1.01 Description: A. Provide earthwork in area inside and outside the building limit to obtain required finish elevations. Earthwork includes, but is not limited to: 1. Excavation of unsuitable material and replace with controlled filled material. 2. Backfilling of trenches within building lines. Limit of work under this contract shall include the entire site. B. Related Work Specified of Elsewhere: 1. Site Preparation - 2100 1.02 QUALITY ASSURANCE: A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.03 JOB CONDITIONS: A. Protection of Persons and Property: 1. Barricade open excavations occurring as part,of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. Part 2 - PRODUCTS 2.01 SOIL MATERIALS, DEFINITIONS: A. Definitions: 1. Satisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes; as GW, GP, GM, SW, SP, SM and SC with no more than 20 percent by weight finer than No. 200 sieve. 2. Unsatisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes, as ML,CL, OL, MH, CH, OH, and PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. 3. Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. RESTROOM FACILITIES 2200-1 • Part 3 - EXECUTION 3.01 EXCAVATION: A. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. B. Earth excavations include removal and disposal of pavements, and other obstructions visible on ground surface and other materials encountered that are not classified as rock excavation or unauthorized excavation. C. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of Architect. Unauthorized excavation, as well as remedial work directed by Architect shall be at Contractor's expense. 3.02 COMPACTION: A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentage of maximum dry density for soils which exhibit and well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture -density relationship. C. Structures: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. D. Building Slabs, and paved Areas: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. 3.03 BACKFILL AND FILL: A. Place acceptable soil material in layers to required subgrade elevations, for each area classification listed below. 1. Under walks and steps, use satisfactory excavated or borrow material. 2. Under building slabs, use satisfactory borrow material 3.04 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. RESTROOM FACILITIES 2200-2 0 0 3.05 DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debris shall be disposed of at the Southold Town Landfill at no cost to the Contractor. END OF SECTION RESTROOM FACILITIES 2200-3 Section 2500 - PAVING AND SURFACING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all paving, and sidewalks as shown. Limits of work under this contract shall include the entire site and all sitework shown. B. Related work specified elsewhere: 1. Excavation - 2200 2. Masonry - 4200 1.02 QUALITY ASSURANCE: A. Qualifications of Asphalt Concrete Producer: Use only materials which are furnished by a bulk asphalt concrete producer regularly engaged in production of hot -mix, hot -laid asphalt concrete. Part 2 - PRODUCTS 2.01 ASPHALT CONCRETE PAVING MATERIALS: A. Base shall be crushed aggregate stone blend or recycled concrete in accordance with Town of Southold Highway Specifications. B. Bituminous Asphalt shall meet the requirements of the Town of Southold Highway Specifications. 2.02 CONCRETE SLABS: A. Concrete shall be air entrained, 3.000 P.S.I. Min. B. Provide asphalt impregnated joint filler & control joints as indicated on the drawings. Part 3 - EXECUTION: 3.01 PAVING: A. Paving shall be in accordance with all applicable sections of the Town of Southold Highway Specifications. END OF SECTION RESTROOM FACILITIES 2500-1 DIVISION THREE - CONCRETE All work in this Division shall comply with all particulars of the General conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 3000 - CONCRETE WORK Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete work as shown. B. Related Work Specified Elsewhere: 1. Paving Surfacing - 2500 1.02 QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of following codes specifications and standards, except where more stringent requirements are shown or specified: 1. ACI 318 " Building Code Requirements for Reinforced concrete". Part 2 - PRODUCTS 2.01 FORM MATERIALS: A. Forms for unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. B. Form Coatings: Provide commercial formulation form -coating compounds that will not bond with, stain nor adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2.02 CONCRETE MATERIALS: A. Portland Cement: ANSI/ASTM C 150, Type I, unless otherwise acceptable to Architect. B. Use one brand of cement throughout project, unless acceptable to Architect. C. Air -Entraining Admixture: Ansi/ASTM 260. RESTROOM FACILITIES 3000-1 Part 3 - EXECUTION 3.01 FORMS: A. Design, erect, support, brace and maintain formwork to support vertical and lateral loads that might be applied until such loads can be supported by concrete structure. Construct formwork so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design formwork to be readily removable without impact, shock or damage. 3.02 FINISH OF FORMED SURFACES: A. Float Finish: Apply float finish to all concrete slabs to receive trowel finish. B. Trowel Finish: Apply trowel surface to al concrete slabs exposed -to -view. END OF SECTION RESTROOM FACILITIES 3100-2 DIVISION FOUR - MASONRY All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 4100 - MORTAR Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all mortar for masonry work B. Related Work Specified Elsewhere: 1. Masonry - 4200 Part 2 - PRODUCTS 2.01 MATERIALS: A. Sand shall be an acceptable color, clean, sharp, graded and shall conform to ASTM C144. All sand used throughout the project shall be from a single source and shall be uniform in color. B. Water shall be clean, taken from a source suitable for domestic consumption. The maximum amount of water to produce the desired workability shall be used. C. Mortar for all concrete masonry shall be Type S and shall have an average compressive strength of 1800 PSI at 28 days. Part 3 - EXECUTION 3.01 APPLICATION: A. Mix mortar in strict conformance with manufacturer's printed directions and use within two hours of mixing. B. Mortar shall be used in as wet a consistency as can be conveniently handled. Temper frequently if necessary. Mortar which has stiffened or in which the cementing material has started to set shall not be re -tempered or used. C. Anti -freeze compounds and admixtures will not be permitted in mortar. END OF SECTION RESTROOM FACILITIES 4100-1 • Section 4200 - MASONRY Part 1 - GENERAL C. 1.01 DESCRIPTION: A. Provide all concrete unit masonry work. B. Related Work Specified Elsewhere: 1. Concrete - 3000 2. Mortar - 4100 Part 2 - PRODUCTS 2.01 CONCRETE MASONRY UNITS: A. all sizes and shapes shall be as required or as indicated on the drawings. B. Hollow Load -Bering Units: ASTM C 90. Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the Contractor to verify, coordinate and provide for all architectural and mechanical work in and around the masonry construction. Additionally, Contractor shall take all necessary precautions to protect masonry work from damage during construction. 3.02 INSTALLATION: A. Joints and bond in masonry construction: Horizontal and vertical face joints shall have a nominal thickness of 3/8 inch. Construct uniform tight joints provide struck flush joints for concealed CMU and concave joints for all exposed CMU, unless otherwise indicated on the drawings. B. Workmanship: All work shall be performed by skilled tradesmen in a high quality workmanlike manner and is subject to the final approval of the Architect. Only dry masonry units shall be laid with all cutting and fitting done with a masonry saw. All work shall be plumb, true to line and with level courses accurately spaced. 3.03 CLEANING: A. All exposed CMU work shall be thoroughly cleaned and ready for additional finishes. END OF SECTION RESTROOM FACILITIES 4200-1 DIVISION FIVE - METALS All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 5500 - MISCELLANEOUS METALS Part 1 - GENERAL 1.01 DESCRIPTION A. Provide all miscellaneous metals including, but not limited to, the following: 1. Metal grab bar brackets 2. Other miscellaneous metals as indicated or required. Par 2 - PRODUCTS 2.01 MATERIALS: A. Metal Surfaces, General: For fabrication of work which will be exposed to view, use only materials which are smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names and roughness. Remove such blemishes by grinding or welding and grinding, prior to cleaning and application of surface finishing. B. Nuts and bolts - ASTM A 325 C. Anchor bolts - ASTM A 307 D. Machine screws - Fed. Spec. FF -S-92. E. Galvanizing - Hot -Dip Galvanizing shall conform to ASTM A 123. Galvanized coatings where required shall successfully withstand the Preece Test referred to in the foregoing standard. F. Paint - Fed. Spec. TT -P -86a, Type II. Part 3 - EXECUTION 3.01 PREPARATION: A. The Contractor shall study the contract drawings and specifications with respect to the work shown or required under this and related Divisions and Sections to ensure completeness of all work. Supplementary parts necessary to complete each item, though such work is not definitely shown or specified, shall be included. B. The Contractor shall coordinate and schedule the work of this Section with the work of other trades. Anchors, sockets, fastenings and other miscellaneous items required for securing metal work to other construction shall be furnished as required so as not to delay the progress of the work. RESTROOM FACILITIES 5500-1 3.02 INSTALLATION: A. Whenever the work, or part of it, required embedding in concrete or masonry, give complete instructions, provide labor and materials to place the material into the work, and supervise the installation. B. Install and erect the work plumb, level, true, and properly aligned. Detail and install work with due consideration of all work of others in the vicinity. Show the work of others adjacent to this work on shop drawings wherever necessary for proper completion of the work. END OF SECTION RESTROOM FACILITIES 5500-2 DIVISION SIX - WOOD AND PLASTIC All work in this section shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 6100- ROUGH CARPENTRY Part 1 - General 1.01 DESCRIPTION: A. Provide all structural, non-structural and miscellaneous wood framing, including, but not limited to the following: 1. Wood Joists. 2. All miscellaneous framing, wood plates, blocking, back-up, etc. 3. Roof sheathings and building papers. 4. All fasteners, nails and rough hardware. B. Related Work Specified Elsewhere: 1. Miscellaneous Metals - 5500 2. Toilet and Specialty Accessories - 10800 1.02 QUALITY ASSURANCE: A. Lumber shall be in conformance with the grading rules of the Southern Pine Inspection Bureau (SPIB) or the Western Wood Products Association (WWPA). B. Plywood shall conform to the grading rules of the Softwood Plywood Construction and Industrial Product Standard PS 1-66. C. All lumber and plywood shall bear official grade marks. 1. Lumber shall be grade stamped by mill showing grading agency, mill lumber grade, species, grading rules and seasoning. 2. Plywood shall bear grade trademark of the American Plywood Association (APA), showing type, grade, class, identification index, and inspection agency mark. RESTROOM FACILITIES 6100-1 Part 2 - PRODUCTS 2.01 MATERIALS: A. Lumber: 1. Sizes shall be as indicated on drawings: dimensions are nominal, actual sizes shall conform to the American Lumber Standards, latest published edition. All lumber shall be kiln -dried to 15 percent maximum moisture content and be finished four side (S4S). 2. Framing lumber shall be grade No. 2, Southern Yellow Pine for both bearing and non-bearing construction. Framing shall be CCA Treated. 3. Blocking, furring, grounds and nailers shall be grade No. 2, Southern Yellow Pine. No grade no. 3 lumber shall be allowed for any use on this project. All blocking, furring, grounds and nailers built into or permanently concealed by construction shall be CCA Treated. B. Plywood: 1. Roof sheathing: Standard with exterior glue 1/2" thick. Part 3 -EXECUTION 3.01 PREPARATION: A. The Contractor shall verify that surfaces to receive rough carpentry are prepared to proper grades and dimensions. In addition, it is the responsibility of the Contractor to coordinate and provide for all work of other trades and schedule his work to minimize delays to the project. 3.02 INSTALLATION: A. All work shall be performed by experienced tradesmen. Blocking shall be true, plumb and anchored as required and in accordance with these Specifications and good construction practices. B. Provide blocking, furring, back-up, firestops, etc., as shown on the drawings, called for in the specifications or necessary for the proper installation of any item, fixture, or trim: constructed as appropriate for intended use. C. Roof Sheathing: 1. Install plywood with face grain perpendicular to supports. End joints shall be located over supports and staggered between panels. Allow 1/16 inch space at end joints and 1/8 inch space at edge joints increase spacing during damp weather. 2. Nail as per APA recommendations to develop full rated panel strength. END OF SECTION RESTROOM FACILITIES 6100-2 • 0 Section 7500 - ASPHALT ROOFING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide Asphalt Roofing. B. Related Work Specified Elsewhere: 1. Rough Carpentry - 6100 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers; Roofing: 1. Johns - Manville or approved equal B. The Roofing Contractor shall be certified by the manufacturer and shall have a minimum of five (5) years experience as a contractor. C. All materials and workmanship shall conform with the manufacturer's standard specifications for New Roofing. Part 2 - PRODUCTS - Not Used Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the General Contractor to verify, coordinate and provide for all architectural and mechanical materials to be incorporated in the roofing system. He shall provide treated wood nailers as required and where indicated on drawings and furnish the necessary materials to ensure timely completion of the roofing work. 3.02 INSTALLATION: A. All work including installation of architectural and mechanical materials shall be as required and indicated on drawings and in accordance with the roof manufacturers printed specifications. Coordination of requirements for roof mounted equipment and roof penetrations with mechanical, electrical and plumbing design shall be the Contractor's responsibility. 3.03 PROTECTION OF WORK: A. It is the responsibility of the General Contractor to adequately protect the roofing system from damage during construction. Any materials which become damaged shall be promptly repaired or replaced at no additional charge to the Owner. END OF SECTION RESTROOM FACILITIES 7500-1 DIVISION EIGHT - DOORS AND WINDOWS All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 8100 - METAL DOORS AND FRAMES Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide metal doors and frames where indicated or required. B. Related Work Specified Elsewhere: 1. Finish Hardware - 8700 1.02 QUALITY ASSURANCE: A. Manufacturer: Hollow Metal Work shall be manufactured by one of the following: 1. Steelcraft 2. Amweld 3. Ceco Part 2 - PRODUCTS 2.01 MATERIALS: A. Sheet steel for frames shall be hot rolled prime quality carbon steel, electro zinc coated. B. Sheet steel for doors shall be cold rolled stretcher level sheet steel electro zinc coated. C. Paint: Shall be a rust -inhibiting metal primer. D. Frames: 1. Exterior frames: shall be shaped as indicated on drawings, 16 gauge fully welded units. 2. Frames shall be reinforced for all hardware in accordance with templates provided by the hardware manufacturer. Reinforcement shall be 7 gauge minimum at hinges and pivots, 12 gauge minimum at all other hardware reinforcements. E. Metal Doors: Shall be 18 gauge flush type. F. Anchors: 1. Provide an anchor at each jamb for each 2 feet of door height or fraction thereof. 2. Vary anchor types to provide positive fastening to adjacent construction. 3. Secure a metal clip angle at bottom of each jamb member for anchoring to floor with a minimum of 2 fasteners. RESTROOM FACILITIES 8100-1 • Part 3 - EXECUTION 3.01 PREPARATION FOR FINISH HARDWARE: A. Prepare doors and frames to receive hardware: 1. Hardware supplier shall furnish hollow metal manufacturer approved hardware schedule, hardware templates, and samples of physical hardware where necessary to insure correct fitting and installation. 2. Preparation includes sinkages and cut-outs for mortise and concealed hardware. B. Provide reinforcements of both concealed and surface applied hardware: 1. Drill and tap mortise reinforcements at factory, using templates. 2. Install reinforcements with concealed connections designed to develop full strength of reinforcements. 3.02 INSTALLATION OF FRAMES: A. Exercise care in setting frames to maintain scheduled dimensions. Wherever possible, leave frame spreader bars intact until frames are set -perfectly square and plumb and anchors are securely attached. 3.03 INSTALLATION OF DOORS: A. Apply hardware in accordance with hardware manufacturer's templates and instructions. B. Hang door plumb and level and adjust operable parts for correct function. 3.04 PRIME COAT TOUCH UP: A. Immediately after erection, touch up areas where prime coat has been damaged shall be sanded smooth and touch up with same primer as applied at shop. All rust shall be removed before above specified touch up is applied. END OF SECTION RESTROOM FACILITIES 8100-2 0 Section 8700 - FINISH HARDWARE Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all door hardware for exterior doors B. Related Work Specified Elsewhere: 1. Metal Doors and Frames - 8100 1.02 QUALITY ASSURANCE: A. Commercial grade hardware manufactured by the following companies are acceptable: 1. Russwin 4. Stanley 2. Schlage 5. Ives 3. Sargent 6. Pemko 1.03 SUBMITTALS: A. Submit five copies of a complete schedule, including keying and samples to the Architect for approval. Part 2 - PRODUCTS 2.01 MATERIALS A. The finish hardware listed herein shall not be construed as a complete hardware schedule and shall only be considered as an indication of the hardware requirements. It shall be the hardware supplier's responsibility to examine the drawings and door symbols and provide all necessary or additional hardware as required but not scheduled herein. Such items of hardware shall be of the same type, quality and quantity as that scheduled for similar doors or parts of the building used for similar purposes. B. Hardware shall be suitable and adapted for its required use and shall fit its designated location. Should any hardware as shown, specified, or required, fail to meet the intended requirements, or require modification to suit or fit the designated location, the hardware supplier shall promptly seek the correction or modification necessary in ample time to avoid delaying the manufacture and delivery of hardware. The hardware supplier shall verify the suitability of stops scheduled herein and where necessary shall provide fully concealed stays, backcheck devices on closers or roller stops, as approved by the Architect in lieu of stops scheduled. RESTROOM FACILITIES 8700-1 0 0 C. Hardware supplier shall be fully responsible for checking all details such as wall trim clearances, bevels, rabbets, backsets, proper type strike plates, length of spindles hands of locks, etc. in order that all items of hardware shall fit properly. Hardware for application to metal shall be made to standard templates. Template information shall be furnished to door and frame fabricator and all other trades requiring same, in order that they may cut, reinforce, or otherwise prepare in the shop, material for the installation of hardware. 2.02 KEYING A. All locks shall be keyed and master keyed as directed by the The Town. B. Provide three (3) keys for each lock. Part 3 - EXECUTION 3.01 DELIVERY OF HARDWARE: A. All items of finishing hardware shall be delivered to the building or as otherwise specified a sufficient time in advance of its requirement for proper inspection prior to installation. All items shall be properly wrapped in separate packages, complete with all trim, screws, etc., and be definitely numbered and labeled for each opening. 3.02 INSTALLATION: A. Install all finish hardware by skilled workmen as per manufacturer's instructions and adjust for perfect operation. After fitting of hardware, remove all natural finish exposed hardware before painting. Reinstall exposed hardware after all painting is complete. Any hardware that becomes damaged in finish or operation shall be replaced by the Contractor at no additional cost to the Owner. 3.03 HARDWARE SCHEDULE: A. Manufacturers catalog number specified herein are for the purpose of establishing a basis of quality, design and operation. Hardware by other manufacturer's will be acceptable provided that they provide the same function, appearance, quality level, and keying: 1. Hinges - Stanley Hardware 2. Locks - Russwin and Corbin as indicated 3. Closers - Russwin 4. Miscellaneous - Ives B. HARDWARE SET: Each door to have (type 3 locations) 1 1/2 Pr. Butts 1 Ea. Exterior Hasp & Padlock 1 Ea. Closer 1 Ea. Stop 1 Ea. Passage Set 1 Ea. Interior Dead Bolt END OF SECTION RESTROOM FACILITIES 8700-2 0 • DIVISION NINE - FINISHES All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these specifications. Section 9900 - PAINTING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide the field painting and staining for the entire project, both interior and exterior; including, but not limited to, the following: 1. Exterior: a. Exposed ferrous and galvanized metal b. Plywood soffits C. T -III Plywood gable ends d. All wood fascia & rake boards 2. Interior: a. Exposed wood framing b. Hollow metal frames C. Exposed ferrous and galvanized metal d. Doors e. Exposed CMU's 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers: 1. Glidden 2. PPG (Pittisburgh Paints) 3. Benjamin Moore 4. Minwax B. Work in this Section must be performed by highly skilled tradesmen thoroughly experienced with commercial work. Part 2 - PRODUCTS 2.01 MATERIALS: A. It is the primary intent that each paint material and finishing material be the best of its respective kind as related to the item and surface to which it is applied. Except as other wise specified. Paint products shall be those of one manufacturer, premixed, ready for application. do not cut or thin in any way unless the nature of the product requires thinning in order to apply it or unless thinning is specified. In such cases, use thinner called for on the label in proper volume ratio recommended by the manufacturer. B. All colors shall be as selected by the Architect. RESTROOM FACILITIES 9900-1 0 • 2.02 EXTERIOR PAINTING A. Ferrous Metal: 1 coat - Glidden Rustmaster Metal Primer 2 coats - Glidden Speedenamel Omit primer coat when shop primed; spot prime all marred or ruptured shop primer coats with primer specified. B. Galvanized Metal: 1 coat - Glidden Rustmaster Galvanized Metal Primer 2 coats - Glidden Speedenamel C. Wood Siding & Trim: 1 coat - Glidden Spred Prime Coat 3651 2 coats - Glidden Spred House Paint 3600 Series 2.03 INTERIOR PAINTING: A. Wood Framing & Plywood Sheathing: 1 Coat - Glidden Spred Primer/Sealer 2 Coats - Glidden Spred Satin Semi -Gloss Latex Enamel or Flat Latex as selected by the Architect. B. Ferrous Metal: f y i 1 1 coat - Glidden Rustmaster Metal Primer 2 coats - Glidden Day -Lite Eggshell Enamel or Spred Lustre Semi -gloss Enamel as selected by the Architect. Omit primer coat when shop primed: spot prime all marred or ruptured shop coats with the primer specified. C. Galvanized Metal: 1 coat - Glidden Rustmaster Galvanized Metal Primer 2 coats - Glidden Day -Lite Eggshell Enamel or Spred Lustre Semi -gloss Enamel as selected by the Architect. D. Concrete Masonry Unit Wall Surfaces: 1 coat - Glidden Ultra -Hide Acrylic Latex Block Filler 2 coats - Glidden spred Lustre Semi -Gloss 2.04 OTHER SURFACES: A. Should painting requirements include additional surfaces not included in the foregoing lists of interior and exterior paint, the Architect shall determine the type paint necessary, with not less than tow field coats required in any such instance. RESTROOM FACILITIES 9900-2 Part 3 - EXECUTION 3.01 PREPARATION: A. The installation of any part of the work of this Section will be construed as an acceptance of the surface over which the painting work is required to be applied. Any condition which does not conform to the specifications and/or is not satisfactory must be reported to the General Contractor prior to commencement of the work and thereafter painting Contractor shall be fully responsible for satisfactory work as required herein. B. Contractor shall thoroughly examine the Construction Documents and premises to determine the full extent of work required. C. All surfaces shall be prepared to receive paint in accordance with the manufacturer's recommendations. 3.02 APPLICATION: A. Time work shall be brush applied. All drywall surfaces shall be roller applied. Provide adequate illumination, evenly spread and smoothly flow all paint to avoid runs, sags, holidays, brush marks, or excessive roller stipple. No spray painting will be allowed. B. Remove and protect hardware, accessories, device plates, lighting fixtures, factory finished work and similar items or provide ample inplace protection. Upon completion of each space, carefully replace all removed items. C. The Contractor shall protect his work at all times and shall also protect adjacent work and materials by suitable covering or other method during progress of his work. The contractor shall take all necessary precautions to prevent fire or fire hazard. He shall remove from the premises all rubbish and accumulated materials of whatever nature not caused by others on a daily basis. Upon completion of the work he shall remove all paint and varnish spots from the floors glass and other surfaces and shall leave his part of work in clean, orderly and acceptable condition. END OF SECTION RESTROOM FACILITIES 9900-3 DIVISION TEN - SPECIALITIES All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 10800 - TOILET AND SPECIALTY ACCESSORIES Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide toilet and specialty accessories. 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers for toilet accessories: 1. Miami -Carey 2. Bobrick 3. A.M.I., Inc. 4. Accessory Specialties, Inc. 5. Bradley Corporation 6. McKinney Part 2 - PRODUCTS 2.01 MATERIALS: A. The specialty accessory schedule listed herein shall not be construed as a complete schedule and shall only be considered as an indication of the accessory requirements. It shall be the supplier's responsibility to examine the drawings and to provide all necessary and additional accessories as required. Such items shall be of the same type, quality, and quantity as that scheduled for similar parts of the building. Part 3 - EXECUTION 3.01 INSTALLATION: A. Install in accordance with manufacturer's written instructions and approved shope drawings in the locations indicated on the drawings or as directed by the Architect. B. Soap dispensers shall be mounted in countertops such that end of spout will be over lavatory bowl. C. After installation, thoroughly clean exposed surfaces. Any item that becomes damaged in finish or operation shall be replaced at no additional cost to the Owner. RESTROOM FACILITIES 10800-1 0 3.02 SCHEDULE A. Specialty Accessories specified herein for the purposed of establishing a basis of quality, design and operation. Accessories by other manufacturers will be acceptable subject to the Architect's approval, provided they provide adequate functions and quality. Materials indicated are by Bobrick and J.L. Industries. All products shall have a brushed stainless steel (or chrome) finish unless otherwise noted. B. Toilet and Specialty Accessories Schedule 1. Men's Toilet: 1 ea. Toilet paper Holder �1 ea. Grab Bars -1 ea. Soap Dispenser 1 ea. Paper Towel Dispenser & Disposal Unit 2. Women's Toilet: 1 ea. Toilet Paper Holder 1 ea. Grab Bars 1 ea. Feminine Napkin Disposal Unit 1 ea. Soap Dispensers 1 ea. Paper Towel Dispenser & Disposal Unit END OF SECTION RESTROOM FACILITIES 10800-2 4 _• DIVISION FIFTEEN - PLUMBING All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Part 1 - GENERAL 1.01 PLUMBING: A. The Contractor shall provide a complete.working plumbing system to serve the construction as shown on the drawings. The systems shall be designed by a qualified designer in accordance with the requirements of the New York State Building and basic Plumbing Code and local plumbing officials at the Contractor's expense. B. The plumbing designer shall consult the complete drawings for this facility and shall design the plumbing system in accordance with this information all applicable codes and standards and good accepted engineering practice. C. The contractor shall be responsible for installing & connecting the existing water service line to the new facility. The New Meter Pit shall be located in the Utility Room. Coordinate all service requirements with the Village of Greenport Utility Department. 1.02 COORDINATION: A. Contractor shall be solely responsible for coordination of his work with the work of other trades, especially with regard to openings, roof penetrations, clearance above ceilings, and routing of ducts, pipes or conduits. END OF SECTION 0 RESTROOM FACILITIES 15100-1 SPECIFICATIONS _RESTROOM FACILITIES: TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 JANUARY 21, 1992 STED SOUTHOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC, NEW YORK 11958 516 - 765 - 3070 0 PROJECT DESCRIPTION RESTROOM FACILITIES : COUNTY TRE. 48, SOUTHOLD, NEW YORK THIS PROJECT INCLUDES THE CONSTRUCTION OF A 12' x 20' ONE STORY CONCRETE BLOCK RESTROOM. FOUNDATION: WALLS: FLOOR: STRUCTURAL FRAMING: ROOF: DOORS: PLUMBING: SEPTIC SYSTEM: SITE WORK: CONCRETE FOOTINGS 8" CONCRETE MASONRY UNITS 4" CONCRETE SLAB 2 x 6 CCA TREATED JOISTS ASPHALT ROOF SHINGLES HOLLOW METAL DOORS & FRAMES SYSTEM DESIGNED BY CONTRACTOR IN ACCORDANCE WITH SPECIFICATIONS SEPTIC TANK & LEACHING POOLS INCLUDES ALL NECESSARY EXCAVATIONS, UTILITIES, FILL, PAVING AND SLABS. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT: STED, PECONIC LANE, PECONIC, NEW YORK 11958. ATTENTION - JAMES A. RICHTER - TELEPHONE - 516 765 3070 The foregoing Project Description is provided for general information only. It is not a part of Contract Documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. • INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instruction to Bidders Index to Drawings Proposal Form Statement of Non -Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions AIA Performance Bond Maintenance Bond General Release Prevailing Wage Rates Conpliance with the Labor Law & other Dept. of Labor Regulations Non -Discrimination Clause DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Applicable Codes Construction Facilities and Temporary Controls Substitutions DIVISION TWO - SITEWORK Site Preparation Earthwork Paving and Surfacing DIVISION THREE - CONCRETE 10 A - 1 through A - 1 B - 1 through B - 3 C - 1 through C - 1 D - 1 through D - 2 E - 1 through E - 2 F - 1 through F - 1 AIA Document # A310 G - 1 through G - 1 AIA Document # A201 H - 1 through H - 2 AIA Document # A311 J - 1 through J - 2 K - 1 through K -�1 L - 1 through L - 36 M - 1 through M - 10 N - 1 through N - 2 1010 - 1 through 1010 - 1 1080 - 1 through 1080 - 1 1500 - 1 through 1500 - 1 1600 - 1 through 1600 - 2 2100 - 1 through 2100 - 1 2200 - 1 through 2200 - 3 2500 - 1 through 2500 - 1 Concrete 3000 - 1 through 3000 - 2 INDEX TO SPECIFICATIONS (continued) DIVISION FOUR - MASONRY Mortar 4100 - 1 through 4100 - 1 Masonry 4200 - 1 through 4200 - 1 DIVISION FIVE - METALS Miscelaneous Metals 5500 - 1 through 5500 - 2 DIVISION SIX - WOOD AND PLASTIC Rough Carpentry 6100 - 1 through 6100 - 2 DIVISION SEVEN - THERMAL & MOISTURE PROTECTION Asphalt Roofing DIVISION EIGHT - DOORS & WINDOWS Metal Doors & Frames Finish Hardware DIVISION NINE - FINISHES Painting DIVISION TEN - SPECIALTIES 7500 - 1 through 7500 - 1 8100 - 1 through 8100 - 2 8700 - 1 through 8700 - 2 9900 - 1 through 9900 - 3 Toilet and Specialty Accessories 10800 - 1 through 10800 - 2 DIVISION ELEVEN - EQUIPMENT This Division Not Used INDEX TO SPECIFICATIONS (continued) DIVISION TWELVE - FURNISHINGS This Division �-S`PECIALCON`STR DIVISION THIRTEEN This Divisi,Used DIVISION FOURTEEN - CONVEY This DivisiUtr-Nat Used DIVISION FIFTEEN - Plumbing DIVISION SIXTEEN - ELECTRICAL This Division Not Used 15100 - 1 through 15100 - 1 INVITATION TO BID PROJECT: RESTROOM FACILITIES - SOUTHOLD TOWN BEACH COUNTY RTE. 48, SOUTHOLD, NEW YORK The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of New Restroom Facilities at the Southold Town Beach on County Rte. 48, in accordance with the Drawings & Specifications prepaired by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York. 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, April 2, 1992. All specifications are provided herein: drawings to be attached. 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. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not. Dated: MARCH 10, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk RESTROOM FACILITIES A - 1 r INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accurdance with the "Proposal Form" provided. The bidders shall write in ink, both in words and numerials, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or.certified check in the amount of 5% of the total bid, 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 quantities will be held until 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 AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find 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 Architect who may issue a written instruction to all bidders. RESTROOM FACILITIES B - 1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of Contract will be made as soon as practicable. A Contract may be awarded to a responsible bidder other that the lowest money bidder, if it is in the best interests of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a Contract by successful bidder. The competency and responsibility of the bidder and his sub -contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard Form of Agreement Between Owner and Contractor (Stipulated Sum)". The Town will either award the project or reject all proposals received within fourty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his of her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, abscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond may be rejected, any proposal having interlineation, erasure or corrections may be rejected. RESTROOM FACILITIES B - 2 0 0 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 wirk within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract 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 with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of 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 thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLERE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the Norice to Proceed, given to him by the Town of Southold, shall complete the work within the calendar day limit as set forth by him in the Proposal, but not more than thirty (30) working days. RESTROOM FACILITIES B - 3 INDEX TO DRAWINGS CIVIL C/P 1 SITE PLAN - PLUMBING PLAN SANITARY SEPTIC SYSTEM PLAN & RELATED DETAILS ARCHITECTURAL A 1 PLANS, ELEVATIONS, DETAILS & NOTES RESTROOM FACILITIES C - 1 PROPOSAL FORM DATE: NAME OFT: '1�'AG:j f J u C V (JC 704 C_0 /C5 % �1 1%,]iD Z1\19 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 JAN. 21, 1992 including Bidding Requirements, Contract, General, and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowled- gement 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 proposes and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (see Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH & CONSTRUCT A ONE SOTORY CONCRETE BLOCK RESTROOM FACILITY. THE SIZE OF THE FACILITY SHALL BE 12' x 20' AND HAVE CCA TREATED WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 5 LEACHING POOLS. PATCH & REPAIR ALL PAVEMENT AND FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT:?IN ACCORDAXCE:�WITI .THE RESTROOM FACILITIES D - 1 CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITYIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: written in words) /00 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. 1 . I Signature of Bidder: Business Address: P/-\ p Irk CiGf Telephone Number: ��/ �� Lf % Z-0 Date: ALL Iq RESTROOM FACILITIES D - 2 STATEMENT OF NON -COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and 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 own 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 competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. RESTROOM FACILITIES E - 1 Resolved that • R E S O L U T I O N r-I0f IA (' ,o('5—Wuc _F1 o4 (Name of Corporation) U be authorized to sign and submit the bid or proposal of this corporation for the following Project: �F_S % �Jor� ��G�C�-t�. 1 1`2� w�U��p .rF AJ,2 (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 certific t this corporate bidder shall be liable under the peva e of per u y. The foregoing is a true and correct copy of the resolution adopted by ZpUlu IA (' _621)(_ corporation at a meeting on the Board of Directors held on the / day of (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 RESTROOM FACILITIES E - 2 0 • NEW YORK STATE AFFIR1:,' T l':-_ ACTIOIJ CEcTIFICA IO;J (TO BE C01,,tPLET_D BY EACH BIDDER) Bidder's Certifications: A bidder will not be elieible for award cf e contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed c tart of the resulting ccntrcct: BIDDE°'S CE"R IFICATION (Bidder] certifies that: 1. it intends to use -the fol lowing listed construction trades in the work under the contract G/q�P"Tr4 OPEegfot c',4ec ,t and, 2. c. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Pert I of these Bid Conditions for participation in the Nassau -Suffolk County PIan it will comply with the said County*' area within the scope- of coverage of that Pion, those trcdes being: and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part 11 of these Bid Conditions, it adoots the minimum minority mcn- power utilization cools and the specific affirmative action steps contained in said Part ll, for all construction work (both state and non -state) in the afore -mentioned area subject to these Bid Conditions, these trades beinc: and, 3. it will obtain from each of its subcontractors and submit to the contracting or admin— istering agency prior to the award of any s contractoinder this contract the sub- contractor certification required by the e Bi 'Condi iqns. Sicngture of Au pori ed Representative of Bidcer) RESTROOM FACILITIES F - I 0 • International Fidelity Insurance Company 24 Commerce Street, Newark, New Jersey 07102 hereinafter Company, called Sur canea rrincipai, ana internduundi 24 Commerce Street, Newark, New etv, are held and firmly bound unto Fidelity Insurance Jersey 07102 , hereinafter TOWN OF SOUTHOLD as Obligee in the penal sum of 5% OF THE AMOUNT BID for the payment of which sum well and truly to be made, the said Principal and Surety bind ourselves, our heirs, our executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for RESTROOM FACILITY AT SOUTHOLD TOWN BEACH COUNTY RTE 48 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 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 failure of the Principal to enter such Contract and give such bonds 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 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 27TH day of MARCH , 1992 Principal st BY: Internatio i ns ur ce Com a ft—est-"' J BY: PE J. UAVELLA Attorney In Fact State of ss. County of C 16 o, On this day of 19 , before me personally came � d c0 to me known, Q and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged tome that he executed the same. My commission expires Notary Public ----------------------------------------------------------------------- State of County of 1 ss. E On this day of — 19 , before me personally came o� E d to me known and known to me U. o c u to be a member of the firm of Q described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public --------------------------------------------------------------------- State of NEW YOFK ss. County of SUFFOLK On this 1 day of April 1992 , before me personally came c o E Thomas Pagnotta to me known, rn c who being by me duly sworn, did depose and say that he is the President V C a of PAGNOTTA CONSTRUCTION CORPORATION OF AMERICA the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate "Nt0V0'% j-a1Ro a,�fi�ed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. tIC, 5ta z Q1 NleW o N07FRY FUS, No. 4�29t;�-�'-ii:;11c County, i� My commission expires Tetra Notary Public --------------------------------------------------------------------- State of New York County of Nassau 1 ss. On this 27th day of March '19- 92 , before me personally came M E Peter J. Acquavella to me known, who, being by me duly sworn, did depose and say that 20 he is an attorney-in-fact of International Fidelity Insurance Company Y the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the saidinstrument andaffixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resoluti s thereof. KAREN , LEONARD aac Notary Public, State of New York No. 4811449 My commission expires n.aalifiad in Nassau 71 - Commission Expires t Public INTERNATIOPAL FIDELITY INSURANCEAOMPANY 24 COMMERCE ST., NEWARK, NEW JERSEY 07102 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT JUNE 30, 1991 ASSETS Bonds (Amortized Value) ...................................... $58,274,860 Preferred Stock ............................................... 990.000 Common Stocks (Market Value) ........................... . .... 1,394,969 Mortgage Loans on Real Estate ................................. 82,131 RealEstate .................................................. 54,260 Cash & Bank Deposits ......................................... 4,692.508 Short Term Investments ....................................... 3.702,209 Unpaid Premiums & Assumed Balances .......................... 1,658,801 Reinsurance Recoverable on Loss Payments ...................... 2,143,777 Federal income Tax Recoverable .............................. 176,000 Electronic Data Processing Equipment ........................... 242,792 Interest & Dividends Due and Accrued ........................... 1,304,788 Funds Held in Escrow Accounts ................................ 14,594,285 Collateral Funds Held Under Contract ........................... (14,594,285) Contract Balances Due and Unpaid .............................. 1,014,368 TOTAL ASSETS ................................. $75,731,463 LIABILITIES, SURPLUS & OTHER FUNDS Losses (Reported losses net as to reinsurance ceded and incurred but not reported losses) .............................. $28,409,661 Loss Adjustments Expenses .................................... 11,198,450 Contingent Commissions & Other Similar Charges ................ 26,252 Other Expenses (Excluding taxes, licenses and fees) ................ 91,982 Taxes, Licenses & Fees (Excluding Federal Income Tax)............ 88,322 Unearned Premiums ........................................... 15,689,505 Funds Held by Company Under Reinsurance Treaties .............. 52,831 Accounts Withheld by Company for Account of Others ............ 13,029 Liability for Unauthorized Reinsurance .......................... 62,489 Liability for Uncashed Checks .................................. 57 TOTAL LIABILITIES ............................. $55,632,578 Common Capital Stock ........................................ 1,330,000 Preferred Capital Stock ........................................ 1,200,000 Gross Paid -in & Contributed Surplus ............................ 544,600 Unassigned Funds (Surplus) .................................... 17,024,285 Surplus as Regards Policvholders .................... 20,098,885 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS $75,731.463 I, Francis L. Mitterhoff, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of business, June 30, 1991, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. Tr " SEAL � 1904 c IN TESTIMONY WHEREOF, 1 have set my hand and affixed the seal of the Company, this September 3, 1991. INTERNATIONAL FIDELITY INSURANCE COMPANY THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), 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 Lull name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the PFincipal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the 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 (Witness) (Witness) day of AIA DOCUMENT A310 • BID BOND • AIA 0 • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 19 (Principal) (Seal) (Title) (Surety) (Seal) (Title) WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. OF, Ei? OF SURETY (To be Completed by Eoch Bidder) In the event "he above Prcooscl is accepted and the undersigned is awarded the Contract for the work, the undersigned offers es surety for faithful performance, bond end/or bonds to protect 1c, or and material men, the following surety: SURETY C-CMPANY Sicned Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney OF the Surety Company. In the event Chet the above Proposal is accepted and the contract for the wort: is awarded to said the (Bidder's dame) (Surety will execute the Surety Bonds as herein Company) before provided. Signed: Authorized Official, Agent, or Attorney Do te: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. RESTROOM FACILITIES G — 1 T H E A M E R I C A I N S T I T U T E AIA Document A201 OF A R C H I T E C T S General Conditions of the Contract for Construction THIS DOCUYVIENT HAS LVIPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY 13. MISCELLANEOUS PROVISIONS SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or suhstantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA` • v 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 1 WARNING: Unlicensed photocopying violates US. copyright laws and is subject to legal prosecution. INDEX Acceptance of Nonconforming Work ......... 9.6.6, 9.9.3, 12.3 Acceptance of Work ........... 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 Access to Work ........................... 3.16, 6.2.1, 12.1 Accident Prevention .............................. 4.2.3, 10 Acts and Omissions ... 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.2, 4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Addenda ..................................... 1.1.1,3.11 Additional Cost, Claims for ......... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Additional Inspections and Testing....... 4.2.6, 9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3.6, 4.3.8, 4.3.9, 8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3-3,4, 9.4, 9.5 Advertisement or Invitation to Bid ...................... 1.1.1 Aesthetic Effect ............................... 4.2.13, 4.5.1 Allowances ........................................ 3.8 All-risk Insurance ................................. 11.3-1.1 Applications for Payment .. 4.2.5, 7.3.7, 9.2, 9.3, 9.4. 9.5.1, 9.6.3, 9.8.3, 9.10 1. 9.10.3, 9.10.4, 11-1.3, 14.2.4 Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, 4.2.7, 9.3.2, 11.3.1-4, 13.4.2, 13.5 Arbitration ..................... 4.1.4, 4.32, 4.3.4, 4.4.4, 4.5, 8.3.1, 10.1.2, 11-3.9, 1 1.3.10 Architect .......................................... 4.1 Architect, Definition of ............................... 4.1.1 Architect. Extent of Authoritv ........ 2.4, 3.12.6, 42, 4.3.2, 4.3.6, 4.4, 5. 2, 6.3, 7.1.2, 7.2.1, 7.3.6, 7.4, 91, 9.3.1, 9.-1, 9.5. 9.6.3, 9.8.2, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.52, 14.2.2, 14.2.4 Architect, Limitations of Authority and Responsibility . 3.3.3, 3.12.8, 3.12.11,4A.2,4.2.1,4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,42.12, 4.2.13, 4.3.2, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architect's Additional Services and Expenses .......... 2.4, 9.8.2, 11.3.1.1, 122.1, 12.2.4, 135.2, 13.5.3, 142.4 Architect's Administration of the Contract .......... 4.2, 4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approvals 2.4, 3.5.1, 3.1111, 3.12.6, 3.12.8, 3.18.3. 4.2.7 Architect's Authority to Reject Work .... 3.5.1, 41.6, 12.1-2, 12.2.1 Architect's Copyright ................................. 1.3 Architect's Decisions.......... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 41.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 95.1, 9.81, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.-1 Architect's Inspections ........... 4.2.2, 42.9, 4.3.6, 9.-11, 9.82, 9.9.2, 9.10.1, 13.5 Architect's Instructions .. 4.2.6, 4.2.7, 41.8, 4.3.7, 7.4.1, 12.1, 13.5.2 Architect's Interpretations ................. 41.11, 4.2.12, 4.3.7 Architects On -Site Observations ........ 4.21, 4?.5, 4.3.6, 9.41, 9.5.1, 9.10.1, 13.5 Architect's Project Representative ... 41.10 Architect's Relationship with Contractor ....... 1. 1. 31.1. 3.2.2, 3.3.3, 3.5.1, 3.7.3, 3.11, 3.12.8, 3.12.11, 3.16, 3.18, -1?.3, 42.4, 41.6, 4.2.12, 51, 6.2.2. 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Arc'hitect's Relationship with Subcontractors .... 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.(i.-1, 11.3., Architect's Representations ................. 9.4.2, 9.5.1, 9.10. 1 Architect's Site % isits ........ 411, -1.2.5, 4.2.9, 4.3.6, 9. 1.2, 9.5.1, 9.8.2,-9.9.2, 9.10.1, 135 Ashcstos.......................................... 10.1 AtturncvsFccs ........................ 3.18.1, 9.10.2, 10.1.4 Award of Separate Contracts ........................... 6.1.1 Award of Subcontracts and Other Contracts for Portions of the Work .............................. 5.2 Basic Definitions .................................... 1.1 Bidding Rcyuircmcros ................ 1.1.1, 1.1.7, 5.2.1. 1 1.4 1 Boiler and Machinery Insurance ..................... 11.3.2 liunds.LIC11 ...................................... 9.10.2 lionds, Pcriormanc'e and Pavment ..... 7.36.-1, 9.10.3, 1 1 .3.9, 1 L,1 Building Permit .................................... 3.7.1 Capitalization ....................................... 1.4 Certificate of Substantial Completion .................... 9.8.2 Certificates for Payment ....... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 142.4 Certificates of Inspection, Testing or Approval ..... 3.12.11, 13.5.4 Certificates of Insurance .................. 9.32, 9.10.2, 1 1.1.3 Change Orders ...... 1.1.1, 2.4.1, 3.8.2.4, 3.11, 4.2.8, 4.3.3, 52.3, 7.1, 7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2 Change Orders, Definition of .......................... 72.1 Changes ........................................... 7.1 CHANGES IN THE WORK .... 3.1 1, -1.2.8. 7, 8.3.1, 9.3.1.1, 10.1.3 Claim, Definition of ................................. 4.3.1 Claims and Disputes ................ 4.3, 4.4, 4.5.6.2.5, 8.3.2, 9.3.1.2, 9.3.3, 9.10.4, 10.1.4 Claims and Timely Assertion of Claims 4.5.6 Claims for Additional Cost ........ 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Claims for Additional Time ............ 4.3.6, 4.3.8, 4.3.9. 8.3.2 Claims for Concealed or Unknown Conditions ........... 4.3.6 Claims for Damages. ..3.18, 4.3.9. 6.1.1, 6.2.5, 8.31. 9.5.1.2, 10.1.4 Claims Subject to Arbitration ................. 4.32, 4.4.4. 4.5.1 Cleaning Up ................................... 3.15, 6.3 Commencement of Statutory Limitation Period .......... 13.7 Commencement of the Work, Conditions Relating to ....... 2.1.2, 2.2.1, 3.2.1, 3.2.2, 3.7.1, ;.1().1, 3.12.6, 4.3.7, 5.2.1, 6.2.2, 8.1.2, 82.2, 9.2, 11.1.3, 11.3.6, 11.41 Commencement of the Work, Dctinition of ................ 8.1.2 Communications Facilitating Contract Administration ........................ 3.9.1, 4.2.4, 51.1 Completion, Conditions Relating to ....... 3.1 1, 3.15, 4.21. 4.2.9, 4.3.2. 9.1.2. 9.8, 9.9.1, L). 1(), 11 .3.5, 12.22, 13.7.1 COMPLETION, PAYMENTS AND ......................... 9 Comp fiction, Substantial ......... 4.2.9. 4.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 122.2, 13.7 Compliance with Laws ...... 1.3, 3.6, 3.7, 3.13, -4. 1. 1, 10.2.2, 11. 1, 11.3,13.1.135.1,13.51,13.6,14.1.1,1.4.2.1.3 Concealed or Unknown Conditions ..................... 4.3.6 Conditions of the Contract .................. 1.1.1, 1.1.7, 6.1 .1 Consent, Written .................. 1-3.1, 3.12.8, 3.1-12, 4.1.2, 4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9-10-3,10 1 ?, 10.1.3, 1 1 .3.1, 1 1.3.1-4, 11.3 11, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4, 6 Construction Change Directive, Definition of .............. 7.3 .1 Construction Change Directives .... I . I.1, 4.2.8, 7.1, 7.3, 9.3.1.1 Construction Schedules, Contractor's ............... 3-10,0.1.3 Contingent Assignment of Subcontracts ................ 5.4 Continuing Contract Performance .................... 4.3.4 Contract, Definition of ............................... 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7, 5.4.1.1, 14 Contract Administration 3.3.3, 1, 9.4, 95 Contract Award and FXC'Cu[i0n, Conditions Relating to ...... 3.7.1, 3.10, 5.2, 0.2, 11 A. i, 1 1.36, 11.-1, 1 Contract Documents, The ... . ..... ..... ..... 1.1, 1.2, 7 Contract Documents, Copies Furnished an(I l'se oI 1 .3, 2.2.5. 5.3 Contract Documents, Dclinition of 1.1.1 Contract Perlormance During Arbitration . ..... .... 4.3.4, 45.3 Contract Sum ................... .A 8, i.3.6, 4.3.7, 4.4.4. 5.2.3, 6.1.i, 7.2,'.3, 9.1, 9.', 11.3.1, 12.2.4, 12.3, 14.2.4 Contract Sum, Definition of ............................ 9,1 Contract Time 4.3.0-1. - 1,8. 1.-i.4, ,2.1-3. 8.1,8.3.1, 9.-, 12. 1.1 Contract Tintc. Definition of .......................... 8.1.1 AIA DOCUMENT A201 • GFNERAL CONDITIONS OF TI 11: CONTRACT FOR CONSTRUCTION • FOURTF.ENTII EDITION 2 A201-1987 AIA" • J 1987 T1IE AMERICAN INSTITUTE OF ARCI IITEC'I'S, 1735 NEW YORK AVENUE, N.A., WASII INGTON, D.C. 20(X)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CONTRACTOR ....................................... 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Bid .................................... 1.1.1 Contractor's Construction Schedules ............. 3.10, 6.1.3 Contractor's Employees ....... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 4.2.3, 4.2.6, 8.1.2, 1 0.2, 1 0.3, 11.1.1, 14.2.1.1 Contractor's Liability Insurance ....................... 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2.4, 6, 12.2.5 Contractor's Relationship with Subcontractors ....... 1.2.4, 3.3.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship with the Architect .... 1.1.2, 3.2.1, 3.2.2, 3.3.3,3.5.1,3.7.3,3.11,3.12.83.16,3.18,4.2.3,4.2.4,4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Contractor's Representations. . 1.22, 3.5.1, 3.12.7, 6.2.2, 8.2.1, 9.3.3 Contractor's Responsibility for Those Performing the Work ................. 3.3.2, 3.18, 4.2.3 10 Contractors Review of Contract Documents ...... 1.2.2, 3 ', 3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractor's Right to Terminate the Contract .............. 1 4.1 Contractor's Submittals ....... 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3-1, 9.82, 9.9.1, 9.10.2, 9.10.3, 10.12, 11.4.2, 11.4.3 Contractor's Superintendent ...................... 3.9, 102.6 Contractor's Supervision and Construction Procedures...... 1.2.4, 3 3, 3.4, 4.2.3, 8.22, 8.2.3, 10 Contractual liability Insurance ................. 11.1.1.7, 11.2.1 Coordination and Correlation 1.2.2, 1.2. i, 3.3. 1, 3.10, 3.12.7, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications ... 1.3, 2.2.5, 3.11 Correction of Fork ..................... 2.3, 2.4, 4.2.1, 9.8.2, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Cost, Definition of ............................ 7.3.6, 14.3.5 Costs .... 2.4, 3.2.1, 3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1, 5.2.3, 6.1.1, 6.2.3, 6.3, 7.3.3.3, 7.3.6, 7.3.7, 9.7, 9.8.2, 9.10.2, 11.3-1.2, l 1 3.1.3, 1 1.3.4, 1 1.39, 12.1, 12.2.1, 12.2.4, 12.2.5, 13.5, 14 Cutting and Patching ........................... 3.14, 6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Damage to the Work ..... 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for .. 3.18, 4.3.9, 6.1.1, 6.2.5, 83.2, 9.5.1.2, 10.1.4 Damages for Delay .................... 6.1.1, 8.3.3, 9.5.1.6, 9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Date of Substantial Completion, Definition of .............. 8. l .3 Day, Definition of, .................................. 8.1.4 Decisions of the Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6-3.,7-3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification .......... 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3, 2.4,3.5.1, 4.2.1, 4.2.6, 4.3.5, 9.5.2, 9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3 Defective Work, Definition of ......................... 3.5. l Definitions...... 1. 1, 2.1.1, 3.1, 3.5.1, 3.12.1, 3.12.2, 3.12 3, 4.1.1, 43.1, 5.1, 6.1.2, 72.1, 7.3.1, 7.3.6, 8.1, 9.1, 9.8.1 Delays and Extensions of Time .......... 4.3.1, 4.3.8.1, 4.3.8.2, 6.1.1, 0.2.3, _'.I, 7.3.1, 7.3.4, 7.3.5, 7.3.8, 7.3.9, 8.1.1, 8.3, 10.3.1, 14.1.1.1 Disputes 4. I rt, 4.3, 4.-1, 1.5, 6.1..5, 63, 7.3.8, 9.3.1. 2 Documents and Samples at the Site .......... ...... 3.11 Drawings, Definition of .............................. 1.1 .5 Dra%sings and Spcolications, I'sc:md t)wncrship of..... 1.1.1, 1.3, 2.2.5, 3.11, 5.3 Duty to Review' Contract Documents and Field Conditions ..... 3.2 Effective Date of Insurance ...................... 8.21, 11.1.2 i Emergencies ................................. 4.3.7,10.3 Employees, Contractor's .......... 3.32, 3.4.2, 3.8.1, 3.9, 3.18.1, 3.18.2, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Equipment, Labor, Materials and .......... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2,3.12.3.3.12.7,3.12.11,3.13, 3.15.1,4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3. 11 3, 12.2.4, 14 Execution and Progress of the Work ....... t .1.3, 1.2.3, 3.2, 3.4.1, 3.5.1,4.2.2,-1.23,43.4,4.3.8,6.2.2,7.1.3, 7.3.9, 8.2, 8.3, 9.5, 9.9.1, 10.2, 14.2, 14.3 Execution, Correlation and Intent of the Contract Documents .......................... 1.2, 3.7.1 Extensions of Time ............. 4.3.1, 4.3.8, 7.2.1.3, 8.3, 10.3.1 Failure of Pavment by Contractor .............. 9.5.1.3, 1-4.2.12 Failure of Payment by Owner ................ 4.3.7, 9.7. 1,4 1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ........ 4.2. l, -+.2.9. -4.32. 4.3.5, 9.10, 111.2, 111.3, 11.35. 12.3.1, 13.7 Financial Arrtngcments, Owner's ....................... 2.2.1 Fire and Extended Coverage Insurance ................... 11.3 GENERAL PROVISIONS ................................ 1 Governing Law .................................... 13.1 Guarantees (See Warr ntv and \V arrantics) Hazardous Materials ............................ 10.1. 102.4 Identification of Contract Documents ................... 12. l WCIMlcation of SUI)CO11tractors and Suppliers ............. 5.2.1 Indemnification ....... 3. 17, 3.18, 9. I0.2, 10.1.4. l 1 .3.1.2. 11.3.7 Information and Services Required of the Owner ..... 2.1.2, 2.2, t.3.-+, 6.1.3, 6.1.4, 0.2.6.9 3.2, 9.6.1, 9.6.4, 9.8.3, 9.92, 9. 10. i. 10. 1 .-1, l 1 .2, 1 1.3. 13.5.1. 13.5.2 Injury or Damage to Person or Property ................ 4.3.9 Inspections .................. ...... 3.3.3. 33.4. 3.7.1. -+.2.2, 42.6, 4.2.9, 43.6, 9.,+.2, 9.8.2, 9.9.2, 9.10.1, 135 Instructions to Biddcrs ............................... 1.1.1 Instructions to the Contractor .... 3.8.1, -1.2.8, 5.2.1, 12.1. 13.5? Insurance ....... 4.3.9. 6. 1.1 , '.3.6.4, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability ...................... 11.1 InsUCmce, Effective Date of ..................... 822, 11.1 .2 Insurance, Loss of Use. . . ............. ......... . . . 11.3.3 Insurance, Owner's Liability .......................... 11.2 Insurance,Property .................. I........ 10.23, 11.3 Insurance, Storcd 1latcrials .................... 9.3.2, 11 .3.1.4 INSURANCE AND BONDS ............................. 11 Insurance Companies, Consent to Partial Occupanev .. 9.9. 1, 1 1.3 .1 1 Insurance Companies, Settlement with ................. 11.3.10 Intent of the Contract Documents ............... 1.2.3, 3.12.1, 4.2.6, 42.7, 4?.12, 4.2.13,'.4 Interest ................................ .......... 13.6 Interpretation ........ 1.2.5, t 1.1.5, Interpretations, Written .................. .4.2.1 1, 41.1 2, 1.3.7 Joinder and Consolidation of Clainns Required ............. 45.6 Judgment on Final Award ................ •i.5,1, 4.5.4.1, 4.5.7 Labor and Materials, Itquipmcnt .... 1.1 3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12 3, 3.12?, 3.12.11, 3.1 3, 1.15.1, 4.2.7. 0.2.1, -3.6, 93. 2, 933, 12.2.4, 14 LahorDisputcs............... ..................... 8.3.1 L:nos and Regulations ....... 1.3, 3.6, 3.', 3.13, 1. I.1, 4.55, 45.7, 9.9.1, 10.2.2, 11 . 1, 11 1- , 13 1, 13 .4, 13 5.1. 1351, 13.6 Licw .................. 2.1 2, -1.32, +.3.5.1. 8,2.2, 933. 9.10.2 Limitation on Consolidation or Joinder 4.5.5 Limitations,StatuteSof ................... 4.5.42, 12.2.6, 13.7 Limitations of Authority .................... 3.3.1, 1.1.2, A. 2. 4.2.3, -1.2 ', 4.2.10, 522, 5.2.4, 7.4, 11.3-10 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSIIWCTION • FOURTEENTH EDITION AIA- • i 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENI T, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 3 i Limitations of Liability ..... 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.10.4, 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2 Limitations of Time, General ........... 2.2.1, 2.2.4, 3.2.1, 3.7.3, 3.8.2, 3.10, 3.12.5, 3.15.1, 4.2.1, 4.2.7, 4.2.11, 4.3.2, 43.3, 4.3.4,4.3.6, 4.3.9, 4.5.-t.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4, 7.4, 8.2, 9.5, 9.6.2, 9.8, 9.9, 9.10, 11.1.3, 11.3.1, 11.3.2, 11.3.5, 11.3.6,12.2.1,12.2.2,135,13.7 Limitations of Time, Specific ......... 2.1.2, 2.2.1, 2.4, 3.10, 3.1 1, 3.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10,11.3.11,12.2.2,12.2.4,12.2.6,13.7,14 Loss of Use Insurance ............................. 11.3.3 Material Suppliers .............. 1.3.1, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3.1, 9.3.1.2, 9.3.3, 9.4.2, 9.6.5, 9.10.4 Materials, Hazardous ........................... 10.1, 10.2.4 Materials, Labor, Equipment and ..... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12 1.4, 14 Means, Methods, Techniques, Sequences and Procedures of Construction .......... 3.3.1, 4.2.3, 4.2.1, 9.4.2 Minor Changes in the Work .......... 1.1.1, 4.2.8, 4.3.7, 7.1, 7.4 MISCELLANEOUS PROVISIONS ........................ 13 Modifications, Definition of ........................... 1.1.1 Modifications to the Contract ........... 1.1.1, 1.1.2, 3.7.3, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7 Mutual Responsibility ................................ 6.2 Nonconforming Work, Acceptance of .................. 12.3 Noncontorming Work, Rejection and Correction of ........ 2.3.1, 4.3.5, 93.2, 9.8.2, 12, 13.7.1.3 Notice ............. 2.3, 2.4, 3.2.1, 32.2, 3.7.3, 3.7.4, 3.9, 3.12.8, 3.12.9, 3.17, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.6.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.52, 14 Notice, Written ............... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9. 10, 10.1.2, 10.2.6, 11.1.3, 11.3, 122.2, 12.2.4, 13.3, 13.5.2, 14 Notice of Testing and Inspections ................ 13.5.1, 13.5.2 Notice to Proceed ................................... 8.2.2 Notices, Permits, Fees and ...... 22.3, 3.7, 3.13, 7.3.6.4, 10.22 Observations, Architect's On -Site ................. 4.22, 4.2.5, 4.3.6,9.42,9.5.1,9.10.1, 13.5 Observations, Contractor's ....................... 1.2.2, 3.2.2 Occupancy ......................... 9.6.6, 9.8.1, 9.9, 1 1.3.1 1 On -Site Inspections by the Architect .......... 4.22, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1 On -Site Observations by the Architect ......... 4.2.2, 4.2.5, 4.3.6, 9.42, 9.5.1, 9.10.1, 13.5 Orders, Written ............ 2.3, 3.9, 4.3.7, 7, 81.2, 1 1.3.9, 12. 1, t 2.2, 13.5.2, 14.3.1 OWNER............................................. 2 Owner, Definition of ................................. 2.1 Owner, Information and Services Required of the........ 2.1.2, 2.2, 1.3.4, 6, 9, 10.1.4, 112, 11.3, 135.1, 14.1.1.5, 14.1.3 (>wncr s Authorityy ......... 3.8.1, -1. 1 .3, 41.9, 5.2.1, 5.2. 1, 5.4.1 , 7.3.1, 8.2.2, 9.3.1, 9.3.2, 11.4.1, 12.2.4, H. 5.2, 14.2, 14.3.1 ()a'ver's Financial Capahility ......... ......... 21. 1, 1 i. I. 15 Owner's Liability Insurance .......................... 11.2 ()%% tier'.,, Loss u( 1'sc Insurance ........................ Owner .s Relationship %yith Subcontractors ............... 5.2.1, 5.,i.1, 9.6.-1 Owner's Right to Cam Out the Work ....... 2.4, 12.2.4. 14.2.2.2 Owner's Right to Clean Up ............................ 6.3 U Owner's Right to Perform Construction and to Award Separate Contracts ......................... 6.1 Owner's Right to Stop the Work ................... 2.3, 4.3.7 Owner's Right to Suspend the Work ..................... 14.3 Owner's Right to Terminate the Contract ................. 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents ................ 1.1.1, 1.3, 2.2.5, 5.3 Partial Occupancy or Use ................. 9.6.6, 9.9, 11 .3.11 Patching, Cutting and .......................... 3.14, 6.2.6 Patents, Royalties and 3.17 Payment, Applications for ................ 42.5, 9.2, 9.3, 9.4, 9.5.1,9.8.3,9.10.1,9.10.3,9.10.4, 14.2.4 Payment, Certificates for ........... 41.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.-.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of .......................... 4.3.7, 9.5.1.3, 9.7, 9.101, 1-4.1.13, 1-1.2.1.2 Payment, Final ............ 4.2. I, 4.2.9, 4.3.2, -4- S, 9.10. 11.1.2, 11.1.3, 11.35, 12.3.1 Payment Bond, Performance Bond and .............. 7.3.6.-i, 9.10.3, 11.3.9, 11.4 Payments, Progress 4.3.4, 9.3, 9.6, 9.8.3. 9.10.3, 13.6, 141.3 PAYMENTS AND COMPLETION 9, 14 Payments to SUbCOntrlctor$ .................... 5.4.2, 9.5. 1 .3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 142.12 PC13.............................................. 10.1 Performance Bond and Payment Bond ................. 7.3.6.4, 9'10.3, 11.3.9, 11.4 Permits, Fees and Notices ....... 2.2.3, 3.7, 3-13,'.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlorinated Biphenyl ............................. 10.1 Product Data, Definition of, ... . ... . .... - . . . 3. 12.2 Product Data and Samples, Shop Drawings .... 3. l l , 3.12, 4.2.7 Progress and Completion ................... 1.2.2, 4.3.4, 6.2 Progress Payments 4.3,4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2 .3 Project, Definition of the ............................. 1.1.4 Project Manual, Definition of the ...................... 1.1.7 Project Manuals .................................... 5 Project Representatives 4.2. l0 Property Insurance ........................... 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laxvs ............ 1.3, 3.6, 3.7, 3.13, 4.1.1, 4. 5.5, 4.5.7, 10.22, 11.1, 11 3, 13 1, 13.•1, 13.5.1, 1352, 13.6, 14 Rejection of Work 3.5.1, 42.6, 12.2 Releases of Waivers and Liens ......................... 9.10.2 Representations ......................... 1.2.2, 3.5.1, 1.l 2.7, 6.2.2, 8.2.1, 9.3-3.9.4.2, 9.5.1, 9.8.2, 9.10.1 Representative~ ............................ 2.1.1, 3.1.1, 3.9, 4.1.1, 42.1, 4.2.10, 5.1.1, 5.12, 13.2.1 Resolution of Claims and Disputes .................. 4.4,-4.5 Responsibility_ for Those Performing the Work ............ 3.3.2, 4.2 3, 6.1.3, 6.2, Ill Retainage ............... 9.3.1, 9.6.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor ............ 1 ??. 3.2, 3.7, 3, 3.12 7 Review of Contractor's Submittals by Owner and Architect 3.10A, 3-10. 2, 3. 1 1, 3. 12, 1.2.7,4.2.9,51.1,5.2.3,9.2,9.8.2 Rrvica' of Shop Drawin) ,Product Dalt and Samples by Contractor ....... ................ 3.12.5 Rights and Remedies ............. 1.1 .2, 2.3. _A, 3.5.1, 3.151, 4.2.6, 4.3.6, 45, 5.3, 6.1, 6.3, 7.3.1, 8.3.1, 9.5.1, 9.7, 10, 2.5, 10.3, 121.2, 121.4, 13.4, 14 Royalties and Patents ........... 3.17 AIA DOCUMENT A201 • GENERAL CONDITION~ OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 4 A201-1987 AIA' • U 198', TI AMERICAN INSTITUTE OF ARCIIITECTS, 1?35 NEW YORK AVENUE, N.W., WAAIING TON, D. C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. a Rules and Notices for Arbitration ..................... 4.5.2 Safety of Persons and Property ....................... 10.2 Safety Precautions and Programs ........... 4.2.3, 4.2.7, 10.1 Samples, Definition of .............................. 3.12.3 Samples, Shop Drawings, Product Data and ... 3.11, 3.12, 4.2.7 Samples at the Site, Documents and ................... 3.11 Schedule of Values ............................. 9.2, 9.3.1 Schedules, Construction .............................. 3.10 Separate Contracts and Contractors .......... 1.1.4, 3.142, 4.2.4, 4.5.5, 6, 11.3.7, 12.1.2, 12.2.5 Shop Drawings, Definition of ......................... 3.12.1 Shop Drawings, Product Data and Samples .... 3.11, 3.12, 4.2.7 Site, Use of .............................. 3.13, 6.1.1, 6.2.1 Site Inspections ... 1.2.2, 3.3.4, 4.2.2, 4.2.9, 4.3.6, 9.8.2, 9.10.1, 13.5 Site Visits, Architect's ................. 4.2.2, 4.2.5, .2.9, 4.3.6, 9.4.2, 9.5.1, 9.82, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing .............. 4.2.6, 12.2.1, 13.5 Specifications, Definition of the ....................... 1.1.6 Specifications, The .......... 1.1.1, 1.1.6, 1.1.7, 1.2.4, 1.3, 3.1 1 Statutes of Limitations .................... 45.4.2, 12.2.6, 13.7 Stopping the Work ............. 2.3, 4.3.,, 9 ', 10.12, 10.3, 14. 1 Storcd Materials ........... 6.2.1, 9.3.2, 10.2.12, 11.3. 1.4, 12.2.4 Subcontractor, Definition of ........................... 5.1 . 1 SUBCONTRACTORS .................................. 5 Subcontractors, Work by .................. 1.2.4, 3.3 2, 3.12.1, 4.2.3, 5.3, 5.4 Subcontractual Relations .............. 5.3, 5.4, 9.3.1.2, 9.6.2, 1).6-3, 9.6.4, 10.2.1, 11-3.7, 1 1 .3.8 , 1- i . l . l , 14.2.1.2, 14.3. 2 Submittals ......... 1.3, 3.2.3, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 71.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,9.10.3, 10.1.29 11.1 .3 Subrogation, Waivers of ................. 6.1.1, 1 1.3.5, 11.3.7 Substantial Completion ............. 4.2.9, 4.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of .................... 9.8. 1 Substitution of Subcontractors .................... 5.2.3, 5.2.4 Substitution of the Architect ............................ 4. l .3 Substitutions of Materials ............................. 3.5.1 Suh-subcontractor, Definition of ....................... 5.1. 2 Subsurface Conditions ............................... 4.3.6 Successors and Assigns ............................ 13.2 Superintendent ............................... 3.9, 10.2.0 Supervision and Construction Procedures ...... 1. 2. 3.3, 3.-4, 4.2.3, 4.3.4, 6.1.3, 62.4, 7.1.3, 7.3.4. 8.2, 8.3.1, 10, 12, 14 Surer ................ 4.4.1, 4.4.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of ....................... 9.9.1, 9, 10?, 9.10. i Suryeys..................................... 2.2.2, 3.18.3 • Suspension by the Owner for Convenience ............. 14.3 Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspension or Termination of the Contract ...... 4.3-7, 5.4.1.1, 14 Taxes ...................................... 3.6, 7-3.6.4 Termination by the Contractor ........................ 14.1 Termination by the Owner for Cause ............. 5.4.1.1, 14.2 Termination of the Architect .......................... 4.1 .3 Termination of the Contractor ............... I ........ 14 22 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Tests and Inspections ..... 3.3.3, 4.2.6, 4 2.9, 9.4.2, 12.2.1, 13.5 TIME............................................... 8 Time, Delays and Extensions of .............. 4.3.8, 7.2. Time Limits, Specific ......... 2.1.2, 2.2.1, 2.4, 3. 10, 3.11, 3.15-1, 4.2.11, 4.3, 4.-1, 4.,, 5.3, 5.4, 7.35, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2, 11.1.3. 11.3.6, 11.3.10, 11.5. 11, 12.2?, 12.2.-4,12.2.6,13_-,14 Time Limits on Claims ......... .1.3.2, 4.3.3, A.3.6, 4.3.9, -1.4. 45 Title to Work ................................. 9.3.2. 9.3.3 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovering of Work ................................ 12.1 Unforeseen Conditions ..................... 4.3.6, 8.3.1, 10.1 Unit Prices .................................. 7.1.4. 7.3.3. 2 Use of Documents ................. 1.1.1, 1.3, 2.2.5, 3.12.7, 5.3 Use of Site .............................. 3.13, 6.1.1, 6.2.1 Values, Schedule of ............................ 9.2,93 1 Waiver of Claims: Final Payment ........... 4.3.5, 45.1, 9.10.3 Waiver of Claims by the Architect ...................... 13.4.2 Waiycr of Claims by the Contractor......... 9-10-4, 1 1.3.7, 13 -4 2 Waiver of Claims by the O%yncr .............. 4. 35, 45.1, 9.9.3, 9.10.5, 11.3.3, 11.5-5, 11.3.7, 13-4.2 Waiver of Liens .................................... 9. 1(1.2 \Waivers of Subrogation .............. . .... 6.1.1, 1 1.3.5, 1 1-3.7 Warranty :ind %Warranties ......................... 3.5, 4.2.9, 4.3.5.1, 9. 3, 9.8.2. 9.9.1, 12.2.2, 13.7.1.1 Weather Dclays................................... 4.3.8.2 When Arbitration May Be Demanded .................. 4.5.4 Work, Definition of ............................... 1.1.3 Written Consent .............. 1.3.1 , 3.12.8, 3- 14.2, 4.1.2, 4,3.4, 455, 9.3.2, 9.8.2, 9.9.1, 9.10.2. 9.10.3, 10.1.2, 10.1.3, 11.3.1. 11.3.1.4, 11.3.11, 11. 2, 13.4.2 Written Interpretations ....... ........... 4.2.1 1, 4.2.12, 4.5.7 Written Notice ........... 2.3, 2. i, 3.9, 3.12.8, 3.1 2.9, 4.3.4.4.4, 45, 5.2.1, 5.i, 5.-f.l.l. 8,2.2, 9.-1.1. 9.1.1, 9.-, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.-1. 13.3, 13.5.2, I i Written Orders .............................. 2.3, 3.9, 4 3.7. ,.8.2.2, 11.3.9, 12.1, 12.2, 13.5.' 14.3.1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONS] RUCTION • FOURTEENTH EDITION AIA` • rc; 198- '1 11E AMERICAN INSTITUTE OF ARCHITECTS, 1-35 NEVI' YORK AVENt'E, NW, WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub - subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include constriction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, xvhcreycr located and %yhenevcr issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS 'I"hc Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, constructicn systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect arc instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, .Ind unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall he returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They arc not to be used by the Contractor or any Subcontractor, Sub - subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FO[ UTEENTH EDITION A[A1 - ry 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, 1).c. 2(xx)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their \X'ork under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as "the'' and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner'' means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Projcct is located, usually referrdd to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change; information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable evithw(e were furnished on request prior to the e vecrction q the A,, rc cmeut, the prospective contractor wollicl )lot be rrrl"ired to execute the 1greement or to commence the lt'brk.l 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Projcct, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, casements, assess - 11 ments and charges required for construction. use or occupancy of permanent structures or for permancnt changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Ovyner %yith reasonahle promptness to avoid delay in orderly progress of the A ork. 2.2.5 [finless otherwise provided in the Contract Documents, the Contractor -will be furnished, free of charrne, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work, 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 1 I (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carne out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated: hovNeyer. the right of the Owner to stop the Work shall not give rise 10 .1 duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor det:Il111S or neglects to carry out the Work in accordance with the Contract Documents and fails ',yithin a seven-day period Acer receipt of %yritten notice froth the Owner to continence and continue correction of such default or neglect with diligence and promptness, the Owner m:n, after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second Seven- day period after receipt of such second notice fails to com- mence and continue to correct anv deficiencies, the Owner may, without prejudice to other remedies the Owner niav h:n•e, correct such deficiencies. In such rase all appropriate Change Order shall be issued deducting from payments then or thereafter clue the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both suhject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as Such in the Agreement and is referred t( ihrou}d+out the Contract Documents as if Singular in number. The term ''Contractor'' ")cans the Contractor or the C.ontnlLlUr s authorized rcpresentaI ire. AIA DOCUMENT A201 • GENERAL CONDITIONS OF TI IE CONTRACT FOR CONSTRICTION • FOURTEENTH EDITION AIA" • 198' THE A.SIERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AyENt'E, N.W., WASHINGTON, D.C. 20(XK) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 7 s 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. 'File Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance -,yith the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall riot be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's a-iministration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 1'n1css otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, he:It, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent :Ind whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline :Incl good order :unong the Contractors employees and other persons carrying out the Contract. The Contractor shall not permit cntployntcnt of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer. use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 t -mess otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are Customarily secured after execution of the Contract and which are legally required When bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities hearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance vvith applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility_ for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allo-INanccs shall he supplied for such amounts and by such persons or entities as the Owner inav direct, but the Contractor shall not he required to employ pcl;sons or entities against which the Contractor makes reasonable objection. 3.8.2 Cnlcss otherwise provided in the Contract Documents .1 materials and equipment under an allowance shall be sckrted promptly by the Owncr to avoid dclav in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts, AIA DOCUMENT A201 • GENERAL CONDITIONS OFTHE CONTRACT FOR CONSTRI-CTION • 10( RTF.F.NTII EDITION 8 A201-1987 AIA" • Frit' TIIE AMERICAN INS HITTE OF AR(HITECTS, I?is NEVI' YORK AVENUE, NAC., VI'ASHINGTON. 1) C 21uno6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi- nated %with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Dra�vings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to -illustrate materials or equipnu•nt fir sonic portion of the Work. 3.12.3 Samples arc physical cxautlplcs which illustrate materials, cquipnhcnt or workmanship and c,tablish standards by which the Work will he judged. 3.12.4 Shop Drawings, Product Data, Sanhplcs a ild similar sub- mittals are not Contract Documents. The purpose of their sub- nutcll 1, to demonstrate for those portions of the Work for • which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not he relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given ,mitten approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Saurnples or similar submittals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop DraNvings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encunther the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible fix cutting, fitting or patching required to complete the \Fork or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The Contrac- tor shall not cut or other vise alter such construction by the AIA DOCUMENT A201 - GENERAL CONDITIONS OF TIIE CONTRACT FOR CONSI'Rl'CIION - FOt'RTEENI'll EDITION AIA' - '198- THE AMERICAN INSTITUTE OF ARCHrfF.CTS, 1735 NEW YORK AVENUE, N.W., WAS] HNGTON, D.C. 200(16 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 9 U Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not Such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anvone directly or indirectly -employed by them or anyone for vdiosc acts they may be liable, the indenulifica- tion obligation under this Paragraph 3.18 shall not be limited by A limitation on amount or type of damages, compensation or hcnetlts payable by or lir the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee henetit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- 0 tect's consultants, and agents and employees of any of them arising out of (I) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect is set forth in the Contract Documents shall not he restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 in case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the O�yner's concurrence, from tune to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will he in accordance with the Contract Documents. Ilo„sever, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner inti Irmed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. since these arc solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con - AIA DOCUMENT A201 • GENERAL CONDITIONS OF TIIE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 10 A201-1987 AIA” • U 1987 TI IE AMERICAN INS"ITTUTE OF ARCIIITECT::S, 1735 NEW YORK AVENUE, N.W., WA%IIINGTON. D. C. 2(N)(l6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such is Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract DoCII- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the O« ncr's review and records written warranties and related documents required by the Contract and assembled by the Contra( tor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide One or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not he liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion hetween the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest vyith the party making the Claim. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph -1.-t. A deci- sion by the Architect, as provided in Subparagraph -4.•+.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (I) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is latter. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timelv manner. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONS] RUCTION • FOCRTF.ENTH EDITION AIV • UR' THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20(X)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 11 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be tiled in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data 0 substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be tiled as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the .Architect will notify the parties in writing that the Architect's decision will be made within seven (lays, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notiN the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendcred by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as proyide(t for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 (lays have passed after a Claim has been referred to the Architect as provided in Paragraph -4.3 and no decision has been rendered. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CON,,I'RUCTION • FOLR'ITiENTH EDITION 12 A201-1987 AIAS • :�) 1987 "tHE AMERICAN INSTI'I't1TE OF ARCHITECTS, 1-35 NE'V(' YORK A�'ENt1E, N.W.. W'ASHiy4: rON, D.(:. 211(KK) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. U 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall he filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.-I.' as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings haled on such Claim would be barred by the applicabic statute of limitations as determined pursuant to Paragraph 1,).7. 4.5.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any tither person or entity sought to be joined. No arbitration shall include, I>y consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor aas described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor -is described in Article 6 shall be bicluded as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving :m additional person or entity shall not constitute Consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The forc- going agreement to arbitrate and other agreements to arbitrate %%ith :In additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable Law in any court haying jurisdiction thereof. • 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 0:irra11111:P SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor'' does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub -subcontractor is a person or entit}• who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticahle after award of the Contract. shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating ,vhcther or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the O-,vner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. 'Che Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. flovvever, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the owner or Architect makes reasonable objection to such change. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THF. CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA' • Ivri' THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. _IMKX3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents :n ailable to their respective proposed Sub -subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that dela} or additional cost is involved because Of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded tOr diffcrent por- tions Of the Project Or other construction or operations on the site, the term ''Contractor'' in the Contract Documents in each case shall mean the Contractor who executes each separate Ow ncr-Contractor Agreement. • 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractors con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report sliAl constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- trlctors and the Owner is to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubhish as described in Paragraph 3.15, the Owner may clean up and allocate the cost anwng those responsible as the Architect determines to he just. AIA DOCUMENT A201 • (;I{NF.RA1. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 14 A201-1987 AIA" • 1987'1'HE AMERICAN INS1'IT(JTE OFARCtI1TECTS, 1735 NEW YORK AVENUE, N.V., WASHINGTON, D C. 2(XX)(i WARNING: Unlicensed photocopying violates U.S. copyright laws and is.subject to legal prosecution. C� ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the OR'ncr, Contractor and Architect, stating their agreement upon all of the following: a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis f.or ,adjustlrtent, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 ll* the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall he based on one of the li Blowing methods: .1 mutua acceptance of a lump sum properly itemized and supported hN' sufflcicnt substantiating data to per- mit CyallllAOOII; .2 unit prices stated in the Contract Documents or a1h- sequentiy agreed upon; • cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case Of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, inchad- ing cost of transportation, whether incorporated or consunud; .3 rental costs of machinery acrd equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the t honer fora deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 if the Owner and Contractor do not agree with the adjustment in Contract "Tillie or the method for determining it, the adjustment or the method shall be referred to the Architect torr dctcrntination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Atrhitect concerning the adjustments in the Contract Sunt and Contract Tinte, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall he recorded by preparation and execu- tion of all appropriate Change Order. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CON"TRACT FOR CONS I RUCTION - FOUR] FENTH EDITION AIA I - 198-1 HE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW PORK AVENUE, N.W, WASHINGTON, D.C. (XK)O WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall he effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized- adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance Nvith Paragraph 9.8. 8.1.4 The term ''day'' as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Timc is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment Or instruction Of the Owner in writing, prematurely com- mcnce operations on the site Or elsewhere prior to the effective date of insurance required by Article I I to be furnished by the Contractor. The date of commencenicnt of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not Tess than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or Other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by Other CUISCS which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order fix such rcax>nahle time as the Architect nen determine. 8.3.2 CLainis relating to time shall be made in accordance with applicable provisions Of Paragraph 1.3. 8.3.3 This Paragraph 8.3 docs not preclude recovery of dam- ag(:s for delay by either party under other provisions of the Contract I)lKtlnlelltS. • ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and Sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Pavment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Pan ment for operations completed in accordance with the schedule Of yahres. Such application shall be notarized, if required, and Supported by such data substantiating the Contractors right to payment ars the Owner or Architect nen require, such as copies of requisitions from Subcontractors and material suppliers, and rcticcting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include rcqueStS for payment on account of changes in the ACork which have been properly authorized by Construction Change Directives but not Net included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor Or material supplier bCCautiC of a dispute or other reas(m. 9.3.2 Unless Otherxise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered 111C1 Suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Paynunt for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor '.yith procedures Satisfactory to the Owner to establish the Ow'ner's title to Such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site fix such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that Upon submittal Of an Application tax Payment all Work for which Certificates for Payment have been prcyiouSly issued and payments received from the Owncr shall, to the hest Of [tic Contractor's knowledge, int-imation and belief, be free and clear Of liens, claims, Security interests or encumhrances in favor Of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of han ing provided Labor, materials and equipment retailing to the ACork. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven dans after receipt of the Contractor's Application fir Pavment, either issue to the AIA DOCUMENT A201 • GENERAL CONDITIONS OF Tlilt CONTRACT FOR CONSTRUCTION • fUCR"rEENTH EDITION 16 A201-1987 AIA" • S Iy87 T'IIE AbtERICA.NINST1'IT:TE OF ARCI IiT'ECI'S, 1'35 NEV(' l'ORK A\'ENCE, N.VC., WASltiti(;'I'ON. U.0 00(H) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount -is the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- clance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Pavment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) MUCIC exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures. (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor 11:12~ used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 'file Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architects opinion the representations to the Owner required by tiuhparagrtph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of suhsegucntly cliscovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the W6rk cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pleted dvithin the Contract Time, and that the unpaid halancc would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons fir withholding certification are removed, certification will be made lin amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 'Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by km . 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.0.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay anti start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Wlicn the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is suhstantiAIV complete, the Contractor shall prepare andsubmit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. l'pon receipt of the Contractor's list, the Architect will make in inspection to determine whether the Work or desig- AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSI RUCTION - FOURTEENTH F.D11'ION AIA' - ' 198- 11 IF AMERICAN INSTITUTE OFARCl11TECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. _'0(X)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 17 0 nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owncr and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.3 C'pon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 1 1.3.1 1 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owncr, Contractor and Architect shall jointly inspect the area to be occupied or portion of.the Work to be used in order to determine and record the condition of the Work. 9.9.3 t'nlcss otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute aceep- taricc of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 ['poll receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (-4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance clue for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application fix Payment. Such waivers shall be in addition to the waiver described in Subparagraph -t.3.5. 18 AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT' FOR CONSTRUCTION - FOURTEENTH EDITION A201-1987 AIA ' - 1987THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHIX6TON. D.C. 21NN>6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The %York in the affected area shall not thereafter be resumed except h} written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article -t. 10.1 .3 The Contractor shall not be required pursuant to Article to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 Tu the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect S consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting I rom pertormance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (P('B) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 cmployccs on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Coutr actor's SllbCOHIr:actors or Sub-subcontrac- mrS; and .3 other property at the site or adjacent thereto, such as trccs, shrubs, lawns, ,� alks, pavements, roadways, structures and utilities not designated for removal, relo- cation or replacement in the course of construction. U 10.2.2 The Contractor shall give notices and comply with appliclhlc laws, ordinances, rules, regulations and lawful orders Of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.3.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts thcv may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10 2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may he liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractors obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 'Che Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In all emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of all emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which many arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liahle: .1 claims under workers' or workmen's compensation, disability hcnelit :uid other sumilar employee benefit acts which are applicable to the Work to Ile performed; AIA DOCUMENT A201 • GENERAL CONDITIONS 01''I HE COVIRACT FOR CONSTItt'CTION • FOURTEENTH EDITION AIA' • ,-, 198- T11F AMERICAN INSTITCTE OF ARCHITECTS, 1715 NEW FORK AyENt'E. N.W'., WASHINGTON, D.C. 2(")6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 19 • .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because Of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph l l .1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from date Of commencement of the Work until date of final pa} mcnt and termination of any coverage required to be main- tained after tinal payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 1 1. 1 .shall contain a provision that coverages afforded under the policies will not he cancelled or allowed to expire until at least 30 days' prior written notice has been given to the O�vner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ahly :mailable, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not he responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTYINSURANCE 11.3.1 Unless othcryisc provided, the Owncr shall purchase and maint:lin, in :t company or companies lawfully authorized to do business in the jurisdiction in which the Project is Io( ated. property insurance in the :unount of the initial Con- tra( I Stine .Is well as subsequent modifications thereto f r the entire \\ ork at the site Ona replacement cost basis without vol- unruA deductibles. Such property insurance shall be main- t.uncd. unless othcr%yisc proyidcd in the Contract DX -1.1111C11(5 or other\%iw agreed in \yriting by all persons and entities who ,'rc bcneticiarics of such insurance, until final payment has been made as proyidcd in Paragraph 9. ID ur until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false - work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop- crty insurance required by the Contract and with all of the coverages in the amount described above, the Ov ner shall so inform the Contractor fn writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor. Subcontractors and Sub - subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described ahoyc, .,lthout so notifying the Contractor, then the Oxyner shall bear all reason- ahlc costs properly .attributable thereto. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shat pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- t1h1c amounts, the Owner shall be responsible for payment of the additional costs not covered because Of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 L'nless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site after %vrittcn approval of the Owner at the value established in the approval, and also portions of the Work in transit. 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase anCI maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acrcptancc by the O\yner; this insurance shall include interests of the Owner, Contracur. Subcontractors and Sub - subcontractors in the Work. ;aid the Owner and Contractor Shall be ranted insureds. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's Option, nl:m purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however eatscd. The Owner v�mvcs all rights of action against the Contractor for loss of use of the Owners property, ilk -lading conscqucntial losses duc to fire ur other hazards hO\yeyC'r caused. 11.3.4 If the Contractor requests in writing that insurance for risks other than those descrihed herein or for other special haz- ards be included in the property insurance policy, the Ooyncr S11:111, if possible, include such insurance, and the cost thereof ,,hall be charged to the Contractor by a{)propri:te Change ( )rder. AIA DOCUMENT A201 • t,ENERAI. CONDITIc lN5 OF TIIF CONTRACT FOR CONSTRt'CTION • FOt RTFEYTN EDITION 20 A201-1987 AIA" • 198-11 I EAMERICAN INS'1'ITt TE OF.ARCIIITECTS, 1'35 NEW YORK ACEN["E, N.W., V AMI]NGTON. DG -100(X) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • 11.3.5 1f during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11 .3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub -subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 1 1.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owncr as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 1 1.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- (lance with such agreement as the parties in interest may reach, or in accordancc with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement Of dam- aged property shall he covered by appropriate Change Order. is 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a co1y of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in a riting by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall he responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or tailing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether ur not fabricated, installed or completed. The Contractor shall hear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation liar the Architect's services and expenses made necessary thcrehy. 12.2.2 If, �yithin one year atter the (late of Substantial Comple- tion of the Work or (Icsignatc(t portion thereof, or after the date AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONST RUCTION - Ft)URTEF.NTH EDITION AIA' - I9H— THE AMERICAN INSTITUI E OFARCI il'I'ECTS, 1735 NEW YORK AyENt'I", N.W., WASHINGTON, D.C. 2aNN16 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 21 for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance %vth Paragraph 2.-1. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time tiled by written notice from the Architect, the Owncr may remove it and store the salvable materials or equipment at the Contractors expense. If the Contractor does not pay costs Of such removal and storage within ten days after written notice. the Owner may upon ten additional days' written notice ..sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, atter deducting cost, and clamages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall he reduced by the deficiency. If payments then or thereafter clue the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the O%yncr. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other Obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation Of the Contractor to correct the Work, and has no relationship to the time within which the obligation to Comply with the Contract Documents may he sought to be ctIlOrced, nor to the time , ithin which proceedings may he commenced I() establish the Contractor's liability with respect to the Con- tractors obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owncr prefers to accept Work %yhich is not in aecurdance with the requirements of the Contact Document", the Owner man• clo so instead of requiring its removal and cor- rection, in which case the Contract Sum %ill he reduced aS appropriate and equitable. Such adjustment shall he effected whether or not final payment has hccn made. • ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall he governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 ,X'rittcn notice shall be deemed to have been duly served if delivered in person to the individual ora memher of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the part%. giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract DoCL1- ments and rights and remedies available thereunder shall be in _additioIIto incl not a limitation of duties, obligations, rights and remedies otherwise imposed or ;mailable by law. 13.4.2 No action or failure to :act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except is may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals xith .in independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate puhlic authority, and shall hear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tion, are to he made so the Architect may observe such proce- dures. The Owner shall hear costs of tests, inspections or approvals which do not become requirements until alter bids are received or negotiations concluded. 13.5.2 If the Architect, Ovyner or public authorities haying juri,diction determine that portions of the Work require addi- tional testing, inspection or approval nut included under Sub- paragraph 1 3.5.1, the Architect'vial, upon written authorization Iont the O%yner, insnuct the (:outractur to make arrangements I( )I Such additional testing, inspection or approval by an entity acceptable to the ()\oner, and the Contractor Shall give timely notice to the Architect of whcii and where tc�sis alld inspections are to he made so the Architect may observe such procedures. AIA DOCUMENT A201 - (&NFRAL CONDITION, OF TI IF: (.ONTRA(:1' FOR CONSTRUCTION - FOURTEENTH EDITION 22 A201-1987 ALA' - 198- THF. AVERICAN INSI I I TE OF ARCI IITBA S. 1 -ii NI W PORK Ay ENCE. N %C'., WASIIIN6TON. Dc _U(x)() WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 9 The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to 'the Architect. 13.5.5 if the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such nitc as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 :%s between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to run and anv alleged cause of action shall be ciccnled to have accrued in any and all events not Liter than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to act Occur- ring suhscquent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shrill be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and 3 After Final Certificate for Payment. As to acts or tailures to act occurring after the relevant date of issu- ance of the final Certificate for Paynnent, any appli- rahlc statute of Iinlitations shall commence to run and anv alleged cause of :action shall he dCCllned to have arcruccl in any and all events not latter than the date of AM act or I.tilurc to act by the Contactor pursuant to :any warranty provided under Paragraph 3.5, the date of anv correction of the Work or failure to correct the• W ork h% the Contractor tinder Paragraph 1 2. 2, or the d;tc of actual commission of am• other act or t.IilUl'C Io per101111 any duty Or obligation by the Contractor or Occncr. ).%hichcver occurs last. 0 ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner ha_s not made payment on a Certificate for Payment within the time stated in the Contract Documents: .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365 -day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor ma}, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 00 days through no act or fault of the Contactor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract %with the Contractor bCC ISe the Owner has persistently failed to fulfill the Ocyner's obligations under the Contract Documents %vith respect to matters impor- tant to the progress of the AV ork, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the O%Nner as provided in Suhp:uagraph 1-4.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner nnav Wrnninatc the Contract if the Contractor: .1 persistently or rcpcatedly refuses or fails to supply enough properly skilled o.-orkcrs or proper materials; .2 fails to make payment to tiUbCOnti-A-101's for nnaterials or Labor in accor( iiicc with the respective :iurccments between the Contractor and the Suhcontractors: .3 persistently disreg.uds laws, ordinances, or rules, reg- ulations or orders of A public authority h:n ing juris- diction; or .4 othcr-,vise is guilty of substantial breach of a provision of the Contract Docunnenis. 14.2.2 Whcn any of the above reasons exist. the Owner, upon certification by the Architect that sufficient cause exists to jus - AIA DOCUMENT A201 - GENERAL CONDITIONS OFTHE CONTRACT EOR CONS1 Rt'CTION - FOVRI F'ENTH EUI'1lON AIA'' - 198-"I'HFA.�IERICAN INJ'I'I'IT'TE OF' ARCIIrrECTs, I'35 NE\Y' 1'ORK AyENI'F:, N.W., Vt'ASHING"ION, D.C. -'(ggg, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 23 t� tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 24 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. 3/87 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Changes ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall inslude all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations. (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual - including specified provision for the Contractor's obligations under Paragragh 4.18. (5) Owned, non -owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $100,000. .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 shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. RESTROOM FACILITIES H - 1 • d. Property Damage Liability Insurance shall include Coverage fot the following hazards: C (collapse), U (underground) e. Contractual Liability (Hold Harmless Coverage): (1) Bodily Injury: $ 1,000,000 Each Occurance (2) Property Damage: $250,000 Each Occurance $250,000 Aggregate. f. Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate .3 Comperhensive Automobile Liability (owned, non -owned, hired): a. Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $250,000 Each Occurance ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION RESTROOM FACILITIES H - 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Contractor) (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ 2 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated (Here insert full name, address and description of project) 19 in accordance with Drawings and Specifications prepared by , entered into a contract with Owner for (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 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 r PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this day of (Wi(ness) (W it ness) defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. 19 ( Title) (Surety) (seal) (Title) AIA DOCUMENT A311 • PERrORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 rEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. M006 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS BOND 15 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 as Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Contractor) (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 (Here insert full name, address and description of project) 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of 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. copyright laws and Is subject to legal prosecution. LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified maili postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of 19 (Witness) (Principal) (Seal) (Tide) (Surely) Iscal) (Wilness) a (Title) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA O 4 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 17.55 N.Y. AVE., N.W., WASHINGTON, D. C. 21x10(: WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. C7 SEC -i 10N J F ORI.�, Or r Ili:: I N l is !•::, NE C: N D KNOW ALL MIEN BY THESE PRESENTS: • Tnz, 1'Je, (hereinafter called the Principrl) as Princip01 end the c Corporation an office and place of business for the Siote of New York- ct , IJew Yorl:, (hereinafter tolled the Surety) as Surety, are held and f im. ly 6=vnd unto the (hereincfter co ed the Oblicee) as Oblicee in the sum of (S )•DOLLARS, lowful money of t, e United States of Americc, for :r -e payment w• ereof the Principal and Surety bind th_mselves, their successors and e<_sions, jointly and severally, firmly 6y these Presents. for Signed, sealed and dated this day of 19 ,.he Principal hereto ore en Bred into o v:ritien contract wire the Oblice_ r;, WHEREAS, said Contract provides that the Principal shall guarantee NOW, THEREFORE, the condition of this obligation is such, that if the above Prin- cipal shall indemnify the Obligee against loss 6y reeson of his failure to make good at his oven expense any defects or deficiencies.in materials or workmanship which may appear in the work under said contract with the p,-riod of year (s) from the dote of acceptance of the work, then this obli_oa;ion shat b-- void; of envise to remain in full force and effect. Principal BY: BY: RESTROOM FACILITIES J — 1 0 SECTION & GENERAL RELEASE (To Be Submitted With Requisition For Final Payment) KNOW ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/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,extents, executions, claims and demands whatsoever in law and equity, which against the said (Owner/Contracting Agency) and JAMES A RICHTER, R.A. now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the const- ruction, in accordance with contract entered into between parties hereto, dated , ninteen hundred and ninty and any admittance or supplements thereto. IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporated seal to be hereto affixed and duly attested by its this day of 19 Attest: Principal: RESTROOM FACILITIES K - 1 r �► PREVAILING WAGE RATES WAGE DETERMINATION for RESTROOM FACILITIES at TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 ATTACHED TO THIS PAGE RESTROOM FACILITIES L - 1 • S ECT,ION M COMPLIANCE WITH THE LABOR LAW :1 AND OTHER DEPARTMENT OF LABOR REGUL4%TICNS A. STATE REGULATIONS j, The Contractor shall comply with the appliccble provisions of the "Labcr Lew" as amended, of the State of New York. This Contract sl�cil be void unless applicable sections of said Labor Low are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if throuah-mere mistcke or otherwise any such provision is not included, then upon the explication of either party hereto, the Contract shall forthwith be physicclly amended to m=x: such inclusion. Specifically, Section 220-e, of the Labor Law, as so emended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five (55.00) dollars for each person for each calendar day during which such per;.cn was discriminated against or intimidated in violation of Section 220-e.; provided, that for a second or any subsequent violation of the provisions -of said paragraph, this Contract may be cancelled or terminated by the Owner and all monies due or to become due hereunder may, be forfeited. B. FEDERAL REGULATIONS 1. CERTIFICATION OF NONSEGREGATED FACILITIES By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and.that he does not permit his employees to perform their services at any location, under his control, where seoreaated facilities are maintained. He certifies further that he will not maintain or provide for his employees on segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is o violation of the Equal Opportunity clause in this contract_ As used in this certification, the term "secregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, RESTROOM FACILITIES M - I time clocks locker rooms and othrr storace or dressing grecs, perkinc cors, drinking fountcins, recrecticn or entertainment areas, trcr:portation, and housing facilities provided for employees which are segre^oted by explicit directive or are in fact secrecated on the basis of race, creed, color, or national origin, because of habit, local custom, or ether -,vise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will ebtcin identiccl eertificatiens from proposed subcontractors prior to the e•,Ycrd of subcontracts exceedina $10,000 which are not exempt from the provisions of the Eq,ual Opportunity clause; that he will retain such certifications in his files; end that he will forward the following notice to such prcpose-4 subcontractors (except where the proposed subcontractors have suomittca identical certifications for specific time periods): 2. NOTICE TO PROSPECTIVE SUBCONTR."CCTORS OF RECUIRE'VENT FCR CERTIFICATIONS OF NCN SEGREG"JED F ,CILIiIFS A certification of Nenseareeated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this -contract, the soq..troctor agrees as follows: (1) The contractor will not discriminate acoinst any emplovee or applicant for employment because of race, creed, color, or national oricin. The contractor will take offirmative action to ensure that applicants ere employed, and that employees are treated during employment, without record to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or trcnsfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the'contracting officer setting forth the provisions of this nondiscrimination cicuse. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified aoplicents will receive consideration for employment `without record to race, creed, color, or national origin. (33) The contractor will send to each labor union or representative of workers with whichhe has a collective borgaining agreement or other contract or understendina, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. RESTROOM FACILITIES M — 2 (4) The contractor will comply with ell provisions of Executive Order No. 1126 of September 24, 1965, and of the rules, cnd regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports recuired by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, ane orders of the Secretary of Labor, or pursuant thereto, and will permit access to His books, records, and accounts by the contracting agency and the Secretary of Labor for purposes a'f investigation to ascertain compliance with such rules, reguloticns, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination' clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 112".6 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by low. (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, reaulet.ions, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect tc .any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a resvit of such direction by the contracting agency, the contractor may request Jh6 United States to enter into such litigation to protest the interests of the United States." 3. FEDERAL PROCUREMENT REGULATIONS EQUAL OPPOP.1'U1',4ITY IN EMPLOYMENT 1-12.805-4 Reports and Other Required Information (e) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO -1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (1) is not exempt from the provisions of this Subpart 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, RESTROOM FACILITIES M - 3 • sub -contract, or purchase order amounting to 550,000 or more, or serves as a depositary of Government Funds in any amount, or is a financial institution which is cn issuing and paying ocent for U.S. savings bends and savings notes: Provided, That any subcentrcctcr below the first tier which performs construction work et the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (1), (ii), and (iv) of this perccrcph (o) M. (2) Each person required by subparagraph (1) of this parocreph to submit reports snail file such a report with the contracting or administer- ing dminister - ing acency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding f e date or the owcrd. Subsequent reports shall be submitted annually in accordance with subperccreph (1) of this peroareph, or at such other intervals as the acency or the Director may require. The aaency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the aaency, or the applicant, on their own motions, may recuire a prime contractor to keep employment or other records and to furnish in the. form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, *complete, and accurate reports, as re- quired, constitutes noncot5plionce with the prime contractor's or subcontractor's obligations under the equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanctions authorized by the Order and the regulations in this subpart; Any. such failure shell be reported in writing to the Director by the agency as soon as practicable after it occurs. 1 -12.805.4 Reports and Other Required Information b. Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or r at the outset of negotiations for the contract whether it has parti- cipated in any previous contract or subcontract subject to the Equal Cpportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an aaency, or the former President's Committee on Equal Employment Cpportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror sub- stantially as follows: RESTROOM FACILITIES M -4 (c) "The Picer (or offeror) rccresrnrs tact he (Phcs, ( ) hcs not, participated in a previous ccntreet or subcontract subiect to the Equal Opportunity clause hercin, or the clause cricinclly ccn- teined in section 301 of Executive Order No. 10925, or the clause eontcined in section 201 of executive Order No. 11114; that he ( ) has, ( )hcs not, filed cll required comclicnce reports; cnd that representations indicating submission of required compliance reccrts, sicned by pr used subcontroctors will be cbtcineci prior to sub- contract cwcrds." (The above representation need not be sucmitted in connection with contracts or subcontracts which are exempt from the Clouse.) When a bidder or offeror fails to execute the representation, the omission shell be considered a minor informality and the bidder or ,offeror shall be permitted to satisfy the requirement prior to award. (2) In any case in wnicn a bidder or prespective prime contrcctcr, or prcpcsed subcontractor, which participated in a previous ccntrcct or succontrcct subject to Executive Orders No. 10925, 1111, or 11246, hcs not filed c report due under the ccoliccble filinc requirements, no contract or subcontract shell be awarded, unless such contrcctor submits e report covering the delinquent period or such other period specified by the ccency or the Director. (3) A bidder or prospective prime contrcctor or proposed subcontractor shall be required to submit such information es the agency or the Director requests prior to the award of the contract or subcontract. When a determination hcs been made to award the contract or sub- contract to a specific contrcctcr, such contractor shell be'required, prior to award, or after the award, or both, to furnish such other information as the ccency, the applicant, or the Director requests. Use,of Reports. Reports filed pursuant to this 1-12.805--4'shell be used only in connection with the edministrcticn of the Order, the CivilRights Act of 1964, or in furtherance of the purposes of the Order cnd said Act. (d) Acquisition of Report Forms. Stcndcrd Form 100 is avci lable in all GSA supply depots. Copies of the form may be obtained From GSA through the contracting or administering agency. The stocS number for the form is es follows; Standard Form No. Stoc,'< Number Title 100 7540-525-2049 Eeucl employment opportunity employer informotion report. RESTROOM FACILITIES M -5 • 9 1-12.805.4 PROCUREMENT STANDARDS A. All Contracts and Subgrants for constructicn or repair shall include e provision for compliance with the Copeland "Anti - Kick Back" Act (18 U.S.C. 874) as supplemented in Depertm.,ent of Labor Reculcticns (29 CFR, Part 3). This Act provides that each Contractor or Suberantee shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any pert of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. B. Where applicable, all Contracts awarded by Grantees and Sub - grantees in excess of S2,000 for construction contracts and in excess of $2,500 for other contracts which involve the em- ployment of mechanics or laborers shell include a provision for compliance with Sections 103 and 107 of the Centroct Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work dcy of c hours and a standard work week of 40 hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rete of pay for all hours worked in excess of 8 hours in any calender day or 40 hours in the work week. Section 107 of the Act is applice6le to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his he-alth and safety as determined under construction, safety, and health standards prcmulgcted by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materiels orarticles ordinarily available on the open market, or contracts for trensportction or transmission of intelligence. co Each Contract of en amount in excess of 52,500 awarded by a Grantee or Subgrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or acreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service fie -Y office. RESTROOM FACILITIES M - 6 D. Contracts'end Subnrents of amounts in excess of 5100,00 shall contain a provision -which requires the recipient to agree to comply with all aopliccble stcnderds, orders, or reculetions issued pursuant to the Clem Air Act of 1970. Vio(ctions shall be reported to the Grcntor Acency and the Regional Office of the Environmental Protection Agency. E. Contracts sholl contain such contractual provisions or conditions which will allow for administrative, confrcctucl, or fecal remedies in instances wnere contractors violate or breach contracts terms androvide for such ucn scncticns and penalties as may be appropriate. F. All contracts, amounts for which are in excess of $2,500, shall contain suitable provisions for termination by the' grantee including the manner by which it will be effected and the basis for settlement. In cdditicn, such eontrccts shell describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. G. In all contracts For construction or feciiity improvement awarded in excess of S100,000, grantees shall observe the bending requirements provided in Attecinent B to this Circular. H. All contracts and,isubgronts in excess of SI0,000 shall in- clude provisions for compliance with Executive Order No. 112:6, entitled, "Equal Employment Opportunity," as. supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shell be required to have on affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and ace and which specifies coals end target dates to ossure the implernentcticn of that plan. The grantee shall establish procedures to assure ccmplicnce with this requirement by contractors or suberentees and to ossure that suspected or reported violations ere promptly investigated. RESTROOM FACILITIES M - 7 COMPLIANCE WITH PROVISIONS OF THE L,',8OP, L�,w Pursuant to Article 8 of the Labor Low, the contractor's attention is directed to the following requirements; 1. Section 220.2 which requires a stipulation that no laborer; wcrkmcn or mechanic in the employ of the contractor, subcontractor or other person doing or ccr,trcct- ing to do the whole or a pert of the work contemplated by the contract shcil be permitted or required to work more then eight hours in any one cclencicr dcv cr more than five days in any one week except in the emergencies set forth in the Labor Law. 2. Section 220.3 which requires a provision that each laborer, workman or mec'n-cnic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less thon the prevailing rote of wages gnu shell be provided supplements not lest than the prevailing supplements as determined by the fiscal officer. 3. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shell post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work, 4. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greeter than the ratio permitted to the contractor as to his wok force on any job under the registered program. Any employee listed on a payroll at on apprentice waee rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and waee rates, for the orec of construction prior to using any apprentice on the contract work. 5. Section 220-e which requires provisions by which the contractor with the State or municipality agrees; (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by recsen of race, creed, color or national origin discriminate acoinst any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State Low against Discrimination which also prohibit discrimination in employment because of age); RESTROOM FACILITIES M - 8 • 0 (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for e-zcn , calendar day during which such person was discriminated cccinst or intimidctec in violation of the provisions of the contract; (d) That this contract may be ccncelled or terminated by the State or mur,iciccl- ity, and all moneys due or to become due hereunder mcv be forfeited, for a second or any subsequent violction of the terms or conciticns of this section of the contract. 6. The aforesaid provisions of Section 220-e which covers every contract for or an behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed wifhin the territorial limits of the State of New York. 7. Section 222 which requires that preference in employment si-cll be civen to citi- zens of the State of New York who have been residents for at least six consecutiv, months immediately prior to the commencement of their ernoloyment; that persons other than citizens of the State of New York may be emploved when such citizens ore not available; and that if the recu;rements of Section 222 concern;nc prefer- ence in employment to citizens of the State of New York cre not complied with, the contract shell be void. 8. Section 222 which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the eliminat- tion of harmful dust hazard is crested for which appliances or methods for the elimination of harmful dust have been cperoved by the Bccrd of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract clauses prcmulccted by the Governer on September 12, 1963 and amended November 14, 1963. Lcbor classifications not appearing on the accompanying schedule of wages can be used only With the consent of the department of jurisdiction and then the rete to be paid will be given by the department of jurisdiction after being advised by the New York State Department of 'Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment ;nsurance, social security and safety code provisions as are required by law. RESTROOM FACILITIES M - 9 n r� u General•Rr-r;ulaticn No. 1, as issued by the State Commission for `lumen "ichts r� .. _ , �cuires that each contract contains c stiou.lctien that: "It is hereby agreed by and between the parties hereto that eve,y ccntrecicr end subczntrcctor encoged in the public work described in this confroct shall pest and maintain at each or' his establishments cnd at all oleces of ' which the public work descr coed hereunder is being conducted, the Notice of ti e State Commission for Human Richts indicating the substantive previsions of the Law Accinst Discrimination, where complaints mcy be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lichted pieces customarily frequented by employees and applicants for employment." The Notice mcy be obtained from the department hevinc jurisdiction, or from the office of the State Commission fcr Human Richts in the respective area. You are recuested to refer to Cie Bureau of Public Work all cherces of discrimination in employment includine discrimination because of ace, race, creed, color or notional ericin RESTROOM FACILITIES M — 10 0 0 SECTION NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employ- ment because of race, creed, color, or national origin, and will take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be token with reference, but not limited to: recruitment, employment, job assicnment, promotion, upgrading, demotion, transfer, layoff or teirniricricn, rates of pay or other forms of compensation, and selection for training or retrain- ing, including apprenticeship and on-the-job training. b. The Contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding , a notice, to be provided by the Commission of Human Rights, advising such labor union or representative 'of the Contractor's agreement under clauses "a." through "h. hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will take affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, de- ..motion, e- ..motion, transfer, Iayoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job train ing. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of per- formances of this contract. If such labor union or representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission far Human Rights of such failure or refusal. C. The Contractor will post and keep posted in conspicuous places, available to employ and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provisions of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. d. The Contractor will state, in all solicitations or advertisements for employees placed by.or on behalf of the Contractor, that all qualified applicants will be afforded equo employment opportunities without discrimination because of race, creed, color, or national origin. RESTROOM FACILITIES N - I e. The Contractor will comply with the provisions of Sections 291-299 of the Executi Law and the Civil Rights Law, will furnish all information and reports deemed nec sary by the Commission for Human Richts under these non-discrimination clauses a., such sections of the Executive Low, and will, permit access to his books, records, and accounts by the Commission for Human Rights, and Owner representatives/ccl- for purposes of investigation to ascertain compliance with these non-discriminetior clauses and such sections of the Executive Law and Civil Rights Low. f. This Contract may be forthwith cancelled, terminated, or suspended in whole or it part, by the contracting agency upon the basis of a finding made by the Commissic of Human Rights that the Contractor has not complied with these non-discriminatio clauses, and the Contractor may be declhred ineligible for future contracts made b or.on behalf of the Owner/Contracting Agency until he satisfied the Commission fc Human Rights that he has established and is carrying out a program in conformity w the provisions of these non-discrimination clauses. Such finding shall be made by Commission for Human Rights after conciliation efforts by the Commission have fail to'achieve compliance with these non-discrimination clauses and after a verified c plaint has been filed with the Commission, notice thereof has been given to the Cc tractor and an opportunity has been afforded him to be heard publicly before three members of the Commission. Such santions may be imposed and remedies otherwise provided by law. g. If this Contract is cancelled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, th, Contractof will hold the Owner harmless against any additional expenses or costs it curred by the Owner in completing the work or in purchasing the services, materia: equipment, or supplies contemplated by this contract, and the Owner may withholc payments from the Contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. h. The Contractor will include the provisions of clauses "a;', through "g:' in every sub contract or purchase order in such a manner- that such provisions will be binding up( each subcontractor or vendor as to operations to be performed within jurisdictional locale of the Project being contracted by the Owner. The Contractor will take suc action in enforcing such provisions of such subcontract or purchase as "the Owner Contracting Agency may direct, including sanctions or remedies for non-compliant If the Contractor becomes involved in or is threatened with litigation with a sub- contractor or vendor as a result of such direction by the Contracting Agency/Owne the Contractor shall promptly so notify the Owner's representatives/counsel, reque! him to intervene and -protect the interests of the Owner (Contracting Agency's jurisdictional area). RESTROOM FACILITIES N - 2 0 • DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: A. The work covers the construction of a new 12' X 20' one story restroom facility located at Town Beach on County Rte. 48, Southold, New York, in full accordance with the contract documents. B. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred therefrom. C. This contract includes all site work for the project. D. The Contractor shall obtain and pay for all applicable fees and charges not specifically excluded from this contract. 1.02 WORK BY OTHERS: A. The following will be provided by other: 1. The Owner will provide and pay for the following: a. Village of Greenport water tap fee. b. All related building permits. END OF SECTION RESTROOM FACILITIES 1010-1 Section 1080 - APPLICABLE CODES 1:01 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. 1. Applicable codes or ordinances of local governing agencies. 2. National Fire Protection Association (NFPA). 3. New York Building Code. 1.02 The Town of Southold shall obtain and pay for all permits and required inspections. END OF SECTION RESTROOM FACILITIES 1080-1 Section 1500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.01 UTILITIES A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during construction and shall pay for all electrical power used. B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. C. TEMPORARY TELEPHONE SERVICE: The Contractor shall install and pay a temporary job telephone for the duration of the contract. Telephone shall be equipped with an outside gong or bell. D. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades during the construction period. E. TEMPORARY SANITARY FACILITIES: The Contractor shall provide and maintain temporary toilets in accordance with local health ordinances. 1.02 BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas during construction and, shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION RESTROOM FACILITY 1500-1 0 • Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect. B. For products specified by naming only one product or manufacturer, unless otherwise indicated The Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the project was used when requested by the Architect. B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. C. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He Will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to. substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS: A. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. B. The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. C. Substitutions which require a substantial revision of the Contract Documents will not be considered. RESTROOM FACILITIES 1600-1 i 0 1.05 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. E:i0rW912M 0046)OI RESTROOM FACILITIES 1600-2 0 i DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General requirements of these specifications. section 2100 - SITE PREPARATION Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 1. Earthwork - 2200 Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 CLEARING: A. Limits of clearing shall be all areas within the proposed improvements. b. Saw cut existing pavement in construction are as required. Excess material shall be removed from the site at the contractors expense. 3.03 STRIPPING: A. stockpile all excavated sand & Gravel in designated or approved location. All remaining stockpiled material at the end of the project will be collected by the Town of Southold. 3.04 DISPOSAL: A. Burning of -material on the site will not be permitted. B. Removal: 1. Material to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours, material to be removed shall not be allowed to accumulate for more than 48 hours. C. Dumping:. 1. Construction & Demolition material generated by this project shall be dumped at the Southold Town landfill at no cost to the contractor. END OF SECTION RESTROOM FACILITIES 2100-1 Section 2200 - EARTHWORK Part 1 - GENERAL 1.01 Description: A. Provide earthwork in area inside and outside the building limit to obtain required finish elevations. Earthwork includes, but is not limited to: 1. Excavation of unsuitable material and replace with controlled filled material. 2. Backfilling of trenches within building lines. Limit of work under this contract shall include the entire site. B. Related Work Specified of Elsewhere: 1. Site Preparation - 2100 1.02 QUALITY ASSURANCE: A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.03 JOB CONDITIONS: A. Protection of Persons and Property: 1. Barricade open excavations occurring as part�of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. Part 2 - PRODUCTS 2.01 SOIL MATERIALS, DEFINITIONS: A. Definitions: 1. Satisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes; as GW, GP, GM, SW, SP, SM and SC with no more than 20 percent by weight finer than No. 200 sieve. 2. Unsatisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes, as ML,CL, OL, MH, CH, OH, and PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. 3. Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. RESTROOM FACILITIES 2200-1 • i Part 3 - EXECUTION 3.01 EXCAVATION: A. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. B. Earth excavations include removal and disposal of pavements, and other obstructions visible on ground surface and other materials encountered that are not classified as rock excavation or unauthorized excavation. C. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of Architect. Unauthorized excavation, as well as remedial work directed by Architect shall be at Contractor's expense. 3.02 COMPACTION: A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentage of maximum dry density for soils which exhibit and well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture -density relationship. C. Structures: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. D. Building Slabs, and paved Areas: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. 3.03 BACKFILL AND FILL: A. Place acceptable soil material in layers to required subgrade elevations, for each area classification listed below. 1. Under walks and steps, use satisfactory excavated or borrow material. 2. Under building slabs, use satisfactory borrow material 3.04 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. RESTROOM FACILITIES 2200-2 0 0 3.05 DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debris shall be disposed of at the Southold Town Landfill at no cost to the Contractor. END OF SECTION RESTROOM FACILITIES 2200-3 0 Section 2500 - PAVING AND SURFACING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all paving, and sidewalks as shown. Limits of work under this contract shall include the entire site and all sitework shown. B. Related work specified elsewhere: 1. Excavation - 2200 2. Masonry - 4200 1.02 QUALITY ASSURANCE: A. Qualifications of Asphalt Concrete Producer: Use only materials which are furnished by a bulk asphalt concrete producer regularly engaged in production of hot -mix, hot -laid asphalt concrete. Part 2 - PRODUCTS 2.01 ASPHALT CONCRETE PAVING MATERIALS: A. Base shall be crushed aggregate stone blend or recycled concrete in accordance with Town of Southold Highway Specifications. B. Bituminous Asphalt shall meet the requirements of the Town of Southold Highway Specifications. 2.02 CONCRETE SLABS: A. Concrete shall be air entrained, 3.000 P.S.I. Min. B. Provide asphalt impregnated joint filler & control joints as indicated on the drawings. Part 3 - EXECUTION: 3.01 PAVING: A. Paving shall be in accordance with all applicable sections of the Town of Southold Highway Specifications. END OF SECTION RESTROOM FACILITIES 2500-1 DIVISION THREE - CONCRETE All work in this Division shall comply with all particulars of the General conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 3000 - CONCRETE WORK Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete work as shown. B. Related Work Specified Elsewhere: 1. Paving Surfacing - 2500 1.02 QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of following codes specifications and standards, except where more stringent requirements are shown or specified: 1. ACI 318 " Building Code Requirements for Reinforced concrete". Part 2 - PRODUCTS 2.01 FORM MATERIALS: A. Forms for unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. B. Form Coatings: Provide commercial formulation form -coating compounds that will not bond with, stain nor adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2.02 CONCRETE MATERIALS: A. Portland Cement: ANSI/ASTM C 150, Type I, unless otherwise acceptable to Architect. B. Use one brand of cement throughout project, unless acceptable to Architect. C. Air -Entraining Admixture: Ansi/ASTM 260. RESTROOM FACILITIES 3000-1 • Part 3 - EXECUTION 3.01 FORMS: 0 A. Design, erect, support, brace and maintain formwork to support vertical and lateral loads that might be applied until such loads can be supported by concrete structure. Construct formwork so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design formwork to be readily removable without impact, shock or damage. 3.02 FINISH OF FORMED SURFACES: A. Float Finish: Apply float finish to all concrete slabs to receive trowel finish. B. Trowel Finish: Apply trowel surface to al concrete slabs exposed -to -view. END OF SECTION RESTROOM FACILITIES 3100-2 DIVISION FOUR - MASONRY All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 4100 - MORTAR Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all mortar for masonry work B. Related Work Specified Elsewhere: 1. Masonry - 4200 Part 2 - PRODUCTS 2.01 MATERIALS: A. Sand shall be an acceptable color, clean, sharp, graded and shall conform to ASTM C144. All sand used throughout the project shall be from a single source and shall be uniform in color. B. Water shall be clean, taken from a source suitable for domestic consumption. The maximum amount of water to produce the desired workability shall be used. C. Mortar for all concrete masonry shall be Type S and shall have an average compressive strength of 1800 PSI at 28 days. Part 3 - EXECUTION 3.01 APPLICATION: A. Mix mortar in strict conformance with manufacturer's printed directions and use within two hours of mixing. B. Mortar shall be used in as wet a consistency as can be conveniently handled. Temper frequently if necessary. Mortar which has stiffened or in which the cementing material has started to set shall not be re -tempered or used. C. Anti -freeze compounds and admixtures will not be permitted in mortar. END OF SECTION RESTROOM FACILITIES 4100-1 Section 4200 - MASONRY Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete unit masonry work. B. Related Work Specified Elsewhere: 1. Concrete - 3000 2. Mortar - 4100 Part 2 - PRODUCTS 2.01 CONCRETE MASONRY UNITS: A. all sizes and shapes shall be as required or as indicated on the drawings. B. Hollow Load -Bering Units: ASTM C 90. Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the Contractor to verify, coordinate and provide for all architectural and mechanical work in and around the masonry construction. Additionally, Contractor shall take all necessary precautions to protect masonry work from damage during construction. 3.02 INSTALLATION: A. Joints and bond in masonry construction: Horizontal and vertical face joints shall have a nominal thickness of 3/8 inch. Construct uniform tight joints provide struck flush joints for concealed CMU and concave joints for all exposed CMU, unless otherwise indicated on the drawings. B. Workmanship: All work shall be performed by skilled tradesmen in a high quality workmanlike manner and is subject to the final approval of the Architect. Only dry masonry units shall be laid with all cutting and fitting done with a masonry saw. All work shall be plumb, true to line and with level courses accurately spaced. 3.03 CLEANING: A. All exposed CMU work shall be thoroughly cleaned and ready for additional finishes. END OF SECTION RESTROOM FACILITIES 4200-1 DIVISION FIVE - METALS All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 5500 - MISCELLANEOUS METALS Part 1 - GENERAL 1.01 DESCRIPTION A. Provide all miscellaneous metals including, but not limited to, the following: 1. Metal grab bar brackets 2. Other miscellaneous metals as indicated or required. Par 2 - PRODUCTS 2.01 MATERIALS: A. Metal Surfaces, General: For fabrication of work which will be exposed to view, use only materials which are smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names and roughness. Remove such blemishes by grinding or welding and grinding, prior to cleaning and application of surface finishing. B. Nuts and bolts - ASTM A 325 C. Anchor bolts - ASTM A 307 D. Machine screws - Fed. Spec. FF -S-92. E. Galvanizing - Hot -Dip Galvanizing shall conform to ASTM A 123. Galvanized coatings where required shall successfully withstand the Preece Test referred to in the foregoing standard. F. Paint - Fed. Spec. TT -P -86a, Type II. Part 3 - EXECUTION 3.01 PREPARATION: A. The Contractor shall study the contract drawings and specifications with respect to the work shown or required under this and related Divisions and Sections to ensure completeness of all work. Supplementary parts necessary to complete each item, though such work is not definitely shown or specified, shall be included. B. The Contractor shall coordinate and schedule the work of this Section with the work of other trades. Anchors, sockets, fastenings and other miscellaneous items required for securing metal work to other construction shall be furnished as required so as not to delay the progress of the work. RESTROOM FACILITIES 5500-1 3.02 INSTALLATION: A. Whenever the work, or part of it, required embedding in concrete or masonry, give complete instructions, provide labor and materials to place the material into the work, and supervise the installation. B. Install and erect the work plumb, level, true, and properly aligned. Detail and install work with due consideration of all work of others in the vicinity. Show the work of others adjacent to this work on shop drawings wherever necessary for proper completion of the work. END OF SECTION RESTROOM FACILITIES 5500-2 DIVISION SIX - WOOD AND PLASTIC All work in this section shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 6100- ROUGH CARPENTRY Part 1 - General 1.01 DESCRIPTION: A. Provide all structural, non-structural and miscellaneous wood framing, including, but not limited to the following: 1. Wood Joists. 2. All miscellaneous framing, wood plates, blocking, back-up, etc. 3. Roof sheathings and building papers. 4. All fasteners, nails and rough hardware. B. Related Work Specified Elsewhere: 1. Miscellaneous Metals - 5500 2. Toilet and Specialty Accessories - 10800 1.02 QUALITY ASSURANCE: A. Lumber shall be in conformance with the grading rules of the Southern Pine Inspection Bureau (SPIB) or the Western Wood Products Association (WWPA). B. Plywood shall conform to the grading rules of the Softwood Plywood Construction and Industrial Product Standard PS 1-66. C. All lumber and plywood shall bear official grade marks. 1. Lumber shall be grade stamped by mill showing grading agency, mill lumber grade, species, grading rules and seasoning. 2. Plywood shall bear grade trademark of the American Plywood Association (APA), showing type, grade, class, identification index, and inspection agency mark. RESTROOM FACILITIES 6100-1 Part 2 - PRODUCTS 2.01 MATERIALS: A. Lumber: 1. Sizes shall be as indicated on drawings: dimensions are nominal, actual sizes shall conform to the American Lumber Standards, latest published edition. All lumber shall be kiln -dried to 15 percent maximum moisture content and be finished four side (S4S). 2. Framing lumber shall be grade No. 2, Southern Yellow Pine for both bearing and non-bearing construction. Framing shall be CCA Treated. 3. Blocking, furring, grounds and nailers shall be grade No. 2, Southern Yellow Pine. No grade no. 3 lumber shall be allowed for any use on this project. All blocking, furring, grounds and nailers built into or permanently concealed by construction shall be CCA Treated. B. Plywood: 1. Roof sheathing: Standard with exterior glue 1/2" thick. Part 3 -EXECUTION 3.01 PREPARATION: A. The Contractor shall verify rough carpentry are prepared dimensions. In addition, it the Contractor to coordinate of other trades and schedule delays to the project. that surfaces to receive to proper grades and is the responsibility of and provide for all work his work to minimize 3.02 INSTALLATION: A. All work shall be performed by experienced tradesmen. Blocking shall be true, plumb and anchored as required and in accordance with these Specifications and good construction practices. B. Provide blocking, furring, back-up, firestops, etc., as shown on the drawings, called for in the specifications or necessary for the proper installation of any item, fixture, or trim: constructed as appropriate for intended use. C. Roof Sheathing: 1. Install plywood with face grain perpendicular to supports. End joints shall be located over supports and staggered between panels. Allow 1/16 inch space at end joints and 1/8 inch space at edge joints increase spacing during damp weather. 2. Nail as per APA recommendations to develop full rated panel strength. END OF SECTION RESTROOM FACILITIES 6100-2 0 * 0 Section 7500 - ASPHALT ROOFING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide Asphalt Roofing. B. Related Work Specified Elsewhere: 1. Rough Carpentry - 6100 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers; Roofing: 1. Johns - Manville or approved equal B. The Roofing Contractor shall be certified by the manufacturer and shall have a minimum of five (5) years experience as a contractor. C. All materials and workmanship shall conform with the manufacturer's standard specifications for New Roofing. Part 2 - PRODUCTS - Not Used Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the General Contractor to verify, coordinate and provide for all architectural and mechanical materials to be incorporated in the roofing system. He shall provide treated wood nailers as required and where indicated on drawings and furnish the necessary materials to ensure timely completion of the roofing work. 3.02 INSTALLATION: A. All work including installation of architectural and mechanical materials shall be as required and indicated on drawings and in accordance with the roof manufacturers printed specifications. Coordination of requirements for roof mounted equipment and roof penetrations with mechanical, electrical and plumbing design shall be the Contractor's responsibility. 3.03 PROTECTION OF WORK: A. It is the responsibility of the General Contractor to adequately protect the roofing system from damage during construction. Any materials which become damaged shall be promptly repaired or replaced at no additional charge to the Owner. END OF SECTION RESTROOM FACILITIES 7500-1 DIVISION EIGHT - DOORS AND WINDOWS All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 8100 - METAL DOORS AND FRAMES Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide metal doors and frames where indicated or required. B. Related Work Specified Elsewhere: 1. Finish Hardware - 8700 1.02 QUALITY ASSURANCE: A. Manufacturer: Hollow Metal Work shall be manufactured by one of the following: 1. Steelcraft 2. Amweld 3. Ceco Part 2 - PRODUCTS 2.01 MATERIALS: A. Sheet steel for frames shall be hot rolled prime quality carbon steel, electro zinc coated. B. Sheet steel for doors shall be cold rolled stretcher level sheet steel electro zinc coated. C. Paint: Shall be a rust -inhibiting metal primer. D. Frames: 1. Exterior frames: shall be shaped as indicated on drawings, 16 gauge fully welded units. 2. Frames shall be reinforced for all hardware in accordance with templates provided by the hardware manufacturer. Reinforcement shall be 7 gauge minimum at hinges and pivots, 12 gauge minimum at all other hardware reinforcements. E. Metal Doors: Shall be 18 gauge flush type. F. Anchors: 1. Provide an anchor at each jamb for each 2 feet of door height or fraction thereof. 2. Vary anchor types to provide positive fastening to adjacent construction. 3. Secure a metal clip angle at bottom of each jamb member for anchoring to floor with a minimum of 2 fasteners. RESTROOM FACILITIES 8100-1 • 0 Part 3 - EXECUTION 3.01 PREPARATION FOR FINISH HARDWARE: A. Prepare doors and frames to receive hardware: 1. Hardware supplier shall furnish hollow metal manufacturer approved hardware schedule, hardware templates, and samples of physical hardware where necessary to insure correct fitting and installation. 2. Preparation includes sinkages and cut-outs for mortise and concealed hardware. B. Provide reinforcements of both concealed and surface applied hardware: 1. Drill and tap mortise reinforcements at factory, using templates. 2. Install reinforcements with concealed connections designed to develop full strength of reinforcements. 3.02 INSTALLATION OF FRAMES: A. Exercise care in setting frames to maintain scheduled dimensions. Wherever possible, leave frame spreader bars intact until frames are set perfectly square and plumb and anchors are securely attached. 3.03 INSTALLATION OF DOORS: A. Apply hardware in accordance with hardware manufacturer's templates and instructions. B. Hang door plumb and level and adjust operable parts for correct function. 3.04 PRIME COAT TOUCH UP: A. Immediately after erection, touch up areas where prime coat has been damaged shall be sanded smooth and touch up with same primer as applied at shop. All rust shall be removed before above specified touch up is applied. END OF SECTION RESTROOM FACILITIES 8100-2 • 0 Section 8700 - FINISH HARDWARE Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all door hardware for exterior doors B. Related Work Specified Elsewhere: 1. Metal Doors and Frames - 8100 1.02 QUALITY ASSURANCE: A. Commercial grade hardware manufactured by the following companies are acceptable: 1. Russwin 4. Stanley 2. Schlage 5. Ives 3. Sargent 6. Pemko 1.03 SUBMITTALS: A. Submit five copies of a complete schedule, including keying and samples to the Architect for approval. Part 2 - PRODUCTS 2.01 MATERIALS A. The finish hardware listed herein shall not be construed as a complete hardware schedule and shall only be considered as an indication of the hardware requirements. It shall be the hardware supplier's responsibility to examine the drawings and door symbols and provide all necessary or additional hardware as required but not scheduled herein. Such items of hardware shall be of the same type, quality and quantity as that scheduled for similar doors or parts of the building used for similar purposes. Hardware shall be suitable and adapted for its required use and shall fit its designated location. Should any hardware as shown, specified, or required, fail to meet the intended requirements, or require modification to suit or fit the designated location, the hardware supplier shall promptly seek the correction or modification necessary in ample time to avoid delaying the manufacture and delivery of hardware. The hardware supplier shall verify the suitability of stops scheduled herein and where necessary shall provide fully concealed stays, backcheck devices on closers or roller stops, as approved by the Architect in lieu of stops scheduled. RESTROOM FACILITIES 8700-1 C. Hardware supplier shall be fully responsible for checking all details such as wall trim clearances, bevels, rabbets, backsets, proper type strike plates, length of spindles hands of locks, etc. in order that all items of hardware shall fit properly. Hardware for application to metal shall be made to standard templates. Template information shall be furnished to door and frame fabricator and all other trades requiring same, in order that they may cut, reinforce, or otherwise prepare in the shop, material for the installation of hardware. 2.02 KEYING A. All locks shall be keyed and master keyed as directed by the The Town. B. Provide three (3) keys for each lock. Part 3 - EXECUTION 3.01 DELIVERY OF HARDWARE: A. All items of finishing hardware shall be delivered to the building or as otherwise specified a sufficient time in advance of its requirement for proper inspection prior to installation. All items shall be properly wrapped in separate packages, complete with all trim, screws, etc., and be definitely numbered and labeled for each opening. 3.02 INSTALLATION: A. Install all finish hardware by skilled workmen as per manufacturer's instructions and adjust for perfect operation. After fitting of hardware, remove all natural finish exposed hardware before painting. Reinstall exposed hardware after all painting is complete. Any hardware that becomes damaged in finish or operation shall be replaced by the Contractor at no additional cost to the Owner. 3.03 HARDWARE SCHEDULE: A. Manufacturers catalog number specified herein are for the purpose of establishing a basis of quality, design and operation. Hardware by other manufacturer's will be acceptable provided that they provide the same function, appearance, quality level, and keying: 1. Hinges - Stanley Hardware 2. Locks - Russwin and Corbin as indicated 3. Closers - Russwin 4. Miscellaneous - Ives B. HARDWARE SET: Each door to have (type 3 locations) 1 1/2 Pr. Butts 1 Ea. Exterior Hasp & Padlock 1 Ea. Closer 1 Ea. Stop 1 Ea. Passage Set 1 Ea. Interior Dead Bolt END OF SECTION RESTROOM FACILITIES 8700-2 DIVISION NINE - FINISHES All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these specifications. Section 9900 - PAINTING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide the field painting and staining for the entire project, both interior and exterior; including, but not limited to, the following: 1. Exterior: a. Exposed ferrous and galvanized metal b. Plywood soffits C. T -III Plywood gable ends d. All wood fascia & rake boards 2. Interior: a. Exposed wood framing b. Hollow metal frames C. Exposed ferrous and galvanized metal d. Doors e. Exposed CMU's 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers: 1. Glidden 2. PPG (Pittisburgh Paints) 3. Benjamin Moore 4. Minwax B. Work in this Section must be performed by highly skilled tradesmen thoroughly experienced with commercial work. Part 2 - PRODUCTS 2.01 MATERIALS: A. It is the primary intent that each paint material and finishing material be the best of its respective kind as related to the item and surface to which it is applied. Except as other wise specified. Paint Products shall be those of one manufacturer, premixed, ready for application. do not cut or thin in any way unless the nature of the product requires thinning in order to apply it or unless thinning is specified. In such cases, use thinner called for on the label in proper volume ratio recommended by the manufacturer. B. All colors shall be as selected by the Architect. RESTROOM FACILITIES 9900-1 2.02 EXTERIOR PAINTING A. Ferrous Metal: 1 coat - Glidden Rustmaster Metal Primer 2 coats - Glidden Speedenamel Omit primer coat when shop primed; spot prime all marred or ruptured shop primer coats with primer specified. B. Galvanized Metal: 1 coat - Glidden Rustmaster Galvanized Metal Primer 2 coats - Glidden Speedenamel C. Wood Siding & Trim: 1 coat - Glidden Spred Prime Coat 3651 2 coats - Glidden Spred House Paint 3600 Series 2.03 INTERIOR PAINTING: A. Wood Framing & Plywood Sheathing: 1 Coat - Glidden Spred Primer/Sealer 2 Coats - Glidden Spred Satin Semi -Gloss Latex Enamel or Flat Latex as selected by the Architect. B. Ferrous Metal: 1 coat - Glidden Rustmaster Metal Primer 2 coats - Glidden Day -Lite Eggshell Enamel or Spred Lustre Semi -gloss Enamel as selected by the Architect. Omit primer coat when shop primed: spot prime all marred or ruptured shop coats with the primer specified. C. Galvanized Metal: 1 coat - Glidden Rustmaster Galvanized Metal Primer 2 coats - Glidden Day -Lite Eggshell Enamel or Spred Lustre Semi -gloss Enamel as selected by the Architect. D. Concrete Masonry Unit Wall Surfaces: 1 coat - Glidden Ultra -Hide Acrylic Latex Block Filler 2 coats - Glidden spred Lustre Semi -Gloss 2.04 OTHER SURFACES: A. Should painting requirements include additional surfaces not included in the foregoing lists of interior and exterior paint, the Architect shall determine the type paint necessary, with not less than tow field coats required in any such instance. RESTROOM FACILITIES 9900-2 Part 3 - EXECUTION 3.01 PREPARATION: A. The installation of any part of the work of this Section will be construed as an acceptance of the surface over which the painting work is required to be applied. Any condition which does not conform to the specifications and/or is not satisfactory must be reported to the General Contractor prior to commencement of the work and thereafter painting Contractor shall be fully responsible for satisfactory work as required herein. B. Contractor shall thoroughly examine the Construction Documents and premises to determine the full extent of work required. C. All surfaces shall be prepared to receive paint in accordance with the manufacturer's recommendations. 3.02 APPLICATION: A. Time work shall be brush applied. All drywall surfaces shall be roller applied. Provide adequate illumination, evenly spread and smoothly flow all paint to avoid runs, sags, holidays, brush marks, or excessive roller stipple. No spray painting will be allowed. B. Remove and protect hardware, accessories, device plates, lighting fixtures, factory finished work and similar items or provide ample inplace protection. Upon completion of each space, carefully replace all removed items. C. The Contractor shall protect his work at all times and shall also protect adjacent work and materials by suitable covering or other method during progress of his work. The contractor shall take all necessary precautions to prevent fire or fire hazard. He shall remove from the premises all rubbish and accumulated materials of whatever nature not caused by others on a daily basis. Upon completion of the work he shall remove all paint and varnish spots from the floors glass and other surfaces and shall leave his part of work in clean, orderly and acceptable condition. END OF SECTION RESTROOM FACILITIES 9900-3 0 DIVISION TEN - SPECIALITIES All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 10800 - TOILET AND SPECIALTY ACCESSORIES Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide toilet and specialty accessories. 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers for toilet accessories: 1. Miami -Carey 2. Bobrick 3. A.M.I., Inc. 4. Accessory Specialties, Inc. 5. Bradley Corporation 6. McKinney Part 2 - PRODUCTS 2.01 MATERIALS: A. The specialty accessory schedule listed herein shall not be construed as a complete schedule and shall only be considered as an indication of the accessory requirements. It shall be the supplier's responsibility to examine the drawings and to provide all necessary and additional accessories as required. Such items shall be of the same type, quality, and quantity as that scheduled for similar parts of the building. Part 3 - EXECUTION 3.01 INSTALLATION: A. Install in accordance with manufacturer's written instructions and approved shope drawings in the locations indicated on the drawings or as directed by the Architect. B. Soap dispensers shall be mounted in countertops such that end of spout will be over lavatory bowl. C. After installation, thoroughly clean exposed surfaces. Any item that becomes damaged in finish or operation shall be replaced at no additional cost to the Owner. RESTROOM FACILITIES 10800-1 3.02 SCHEDULE A. Specialty Accessories specified herein for the purposed of establishing a basis of quality, design and operation. Accessories by other manufacturers will be acceptable subject to the Architect's approval, provided they provide adequate functions and quality. Materials indicated are by Bobrick and J.L. Industries. All products shall have a brushed stainless steel (or chrome) finish unless otherwise noted. B. Toilet and Specialty Accessories Schedule 1. Men's Toilet: 1 ea. Toilet paper Holder 1 ea. Grab Bars 1 ea. Soap Dispenser 1 ea. Paper Towel Dispenser & Disposal Unit 2. Women's Toilet: END OF SECTION 1 ea. Toilet Paper Holder 1 ea. Grab Bars 1 ea. Feminine Napkin Disposal Unit 1 ea. Soap Dispensers 1 ea. Paper Towel Dispenser & Disposal Unit RESTROOM FACILITIES 10800-2 DIVISION FIFTEEN - PLUMBING All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Part 1 - GENERAL 1.01 PLUMBING: A. The Contractor shall provide a complete_ working plumbing system to serve the construction as shown on the drawings. The systems shall be designed by a qualified designer in accordance with the requirements of the New York State Building and basic Plumbing Code and local plumbing officials at the Contractor's expense. B. The plumbing designer shall consult the complete drawings for this facility and shall design the plumbing system in accordance with this information all applicable codes and standards and good accepted engineering practice. C. The contractor shall be responsible for installing & connecting the existing water service line to the new facility. The New Meter Pit shall be located in the Utility Room. Coordinate all service requirements with the Village of Greenport Utility Department. 1.02 COORDINATION: A. Contractor shall be solely responsible for coordination of his work with the work of other trades, especially with regard to openings, roof penetrations, clearance above ceilings, and routing of ducts, pipes or conduits. END OF SECTION RESTROOM FACILITIES 15100-1 SPECIFICATIONS RESTROOM FACILITIES: TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 JANUARY 21, 1992 !ST SOUTHOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC, NEW YORK 11958 516 - 765 - 3070 0 • PROJECT DESCRIPTION RESTROOM FACILITIES : COUNTY TRE. 48, SOUTHOLD, NEW YORK THIS PROJECT INCLUDES THE CONSTRUCTION OF A 12' x 20' ONE STORY CONCRETE BLOCK RESTROOM. FOUNDATION: WALLS: FLOOR: STRUCTURAL FRAMING: ROOF: DOORS: PLUMBING: SEPTIC SYSTEM: SITE WORK: CONCRETE FOOTINGS 8" CONCRETE MASONRY UNITS 4" CONCRETE SLAB 2 x 6 CCA TREATED JOISTS ASPHALT ROOF SHINGLES HOLLOW METAL DOORS & FRAMES SYSTEM DESIGNED BY CONTRACTOR IN ACCORDANCE WITH SPECIFICATIONS SEPTIC TANK & LEACHING POOLS INCLUDES ALL NECESSARY EXCAVATIONS, UTILITIES, FILL, PAVING AND SLABS. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ARCHITECT: STED, PECONIC LANE, PECONIC, NEW YORK 11958. ATTENTION - JAMES A. RICHTER - TELEPHONE - 516 765 3070 The foregoing Project Description is provided for general information only. It is not a part of Contract Documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. 9 INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to Bid Instruction to Bidders Index to Drawings Proposal Form Statement of Non -Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions AIA Performance Bond Maintenance Bond General Release Prevailing Wage Rates Conpliance with the Labor Law & other Dept. of Labor Regulations Non -Discrimination Clause DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Applicable Codes Construction Facilities and Temporary Controls Substitutions DIVISION TWO - SITEWORK Site Preparation Earthwork Paving and Surfacing DIVISION THREE - CONCRETE 0 A - 1 through A - 1 B - 1 through B - 3 C - 1 through C - 1 D - 1 through D - 2 E - 1 through E - 2 F - 1 through F - 1 AIA Document # A310 G - 1 through G - 1 AIA Document # A201 H - 1 through H - 2 AIA Document # A311 J - 1 through J - 2 K - 1 through K -�l L - 1 through L - 36 M - 1 through M - 10 N - 1 through N - 2 1010 - 1 through 1010 - 1 1080 - 1 through 1080 - 1 1500 - 1 through 1500 - 1 1600 - 1 through 1600 - 2 2100 - 1 through 2100 - 1 2200 - 1 through 2200 - 3 2500 - 1 through 2500 - 1 Concrete 3000 - 1 through 3000 - 2 INDEX TO SPECIFICATIONS (continued) DIVISION FOUR - MASONRY Mortar Masonry DIVISION FIVE - METALS Miscelaneous Metals DIVISION SIX - WOOD AND PLASTIC 4100 - 1 through 4100 - 1 4200 - 1 through 4200 - 1 5500 - 1 through 5500 - 2 Rough Carpentry 6100 - 1 through 6100 - 2 DIVISION SEVEN - THERMAL & MOISTURE PROTECTION Asphalt Roofing DIVISION EIGHT - DOORS & WINDOWS Metal Doors & Frames Finish Hardware DIVISION NINE - FINISHES Painting DIVISION TEN - SPECIALTIES 7500 - 1 through 7500 - 1 8100 - 1 through 8100 - 2 8700 - 1 through 8700 - 2 9900 - 1 through 9900 - 3 Toilet and Specialty Accessories 10800 - 1 through 10800 - 2 DIVISION ELEVEN - EQUIPMENT This Division Not Used INDEX TO SPECIFICATIONS (continued) DIVISION TWELVE - FURNISHINGS This Division Not Used DIVISION THIRTEEN - SPECIAL CONSTRUCTION This Division Not Used DIVISION FOURTEEN - CONVEYING SYSTEMS This Division Not Used DIVISION FIFTEEN - PLUMBING Plumbing 15100 - 1 through 15100 - 1 DIVISION SIXTEEN - ELECTRICAL This Division Not Used 0 INVITATION TO BID PROJECT: RESTROOM FACILITIES - SOUTHOLD TOWN BEACH COUNTY RTE. 48, SOUTHOLD, NEW YORK 0 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the construction of New Restroom Facilities at the Southold Town Beach on County Rte. 48, in accordance with the Drawings & Specifications prepaired by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York. 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, April 2, 1992. All specifications are provided herein: drawings to be attached. 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. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not. Dated: MARCH 10, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk RESTROOM FACILITIES A - 1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accurdance with the "Proposal Form" provided. The bidders shall write in ink, both in words and numerials, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 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 quantities will be held until 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 AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find 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 Architect who may issue a written instruction to all bidders. RESTROOM FACILITIES B - i 0 • D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of Contract will be made as soon as practicable. A Contract may be awarded to a responsible bidder other that the lowest money bidder, if it is in the best interests of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a Contract by successful bidder. The competency and responsibility of the bidder and his sub -contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard Form of Agreement Between Owner and Contractor (Stipulated Sum)". The Town will either award the project or reject all proposals received within fourty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his of her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, abscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond may be rejected, any proposal having interlineation, erasure or corrections may be rejected. RESTROOM FACILITIES B - 2 0 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 wirk within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract 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 with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of 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 thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLERE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the Norice to Proceed, given to him by the Town of Southold, shall complete the work within the calendar day limit as set forth by him in the Proposal, but not more than thirty (30) working days. RESTROOM FACILITIES B - 3 INDEX TO DRAWINGS CIVIL C/P 1 SITE PLAN - PLUMBING PLAN SANITARY SEPTIC SYSTEM PLAN & RELATED DETAILS ARCHITECTURAL A 1 PLANS, ELEVATIONS, DETAILS & NOTES RESTROOM FACILITIES C - 1 0 PROPOSAL FORM DATE: �'Z - NAME OF BIDDER: S auJ 14 FoiLk Asioll Lz C'OR e . 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 JAN. 21, 1992 including Bidding Requirements, Contract, General. and Special Conditions, Specifications, Contract Drawings, and Addenda, if any (Note: Acknowled- gement 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 proposes and agrees .that if his proposal be accepted he will contract to furnish all materials not provided by the Town (see Specifications) and to perform all the work required to construct, perform and complete the work at: TOWN BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein and will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: FURNISH & CONSTRUCT A ONE SOTORY CONCRETE BLOCK RESTROOM FACILITY. THE SIZE OF THE FACILITY SHALL BE 12' x 20' AND HAVE CCA TREATED WOOD FRAME ROOF CONSTRUCTION. THE SEPTIC SYSTEM SHALL CONSIST OF A 900 GAL. SEPTIC TANK & 5 LEACHING POOLS. PATCH & REPAIR ALL PAVEMENT AND FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT., IN. ACCORDANCE. RITH-.THE RESTROOM FACILITIES D - 1 0 0 CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITYIES WILL BE COMP�LjE�TED FOR THE STIPULATED "LUMP SUM" OF: rr (writken in words S'O, 8 56 °-* (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 t 's proposal or btual agreement may extend this time period. Signature of Bidder: tr r M. is o wdm#& Business Address: -=)P0L1n0& A*MmA ug ffoad �D 'Lrawalr 202R �os r _/aMPToA; . N y W 43'I Telephone Number: 324-nK Date: 4-2 -Q2 RESTROOM FACILITIES D - 2 STATEMENT OF NON -COLLUSION (To be Completed by Each Bidder) In accordance with Section 103-d General Municipal Law, effective Septemger 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fire district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and 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 own 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 competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. RESTROOM FACILITIES E - 1 R E S O L U T I O N Resolved that sa"7'w .40AX 4,1JV VdLY' C"I&P be (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: 10Es�.QeeM �i4�./�s�/e S (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 as r- A" Aso"A-T corporation at a meeting on the Board of Directors held on the ,, "day of 1400A J , 1991 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 RESTROOM FACILITIES E - 2 NEW YORK STATE AFFi°;:,_T ('. - : CTION CER T IFiC.�NTIO, J (TO BE COt,,iPL` T:D 3Y EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of e contract under this Invitation for olds unless such bidder has submitted as a part o: its bid 'rhe following certification, which will be deemed c part of the resulting contract: BIDDER'S CERMFICATION Sd4TAi Aaa idsP&AA-T COAD certifies that: 1 . it intends to use the follcwihc listed consfirvctio)n trades in 're w rk under the contract B.4s td/S L AJv_,0 rAO-i .C,4AAd& �J�C A -Z, v ; and, 2. c. 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: S AWA__ Gu A4/-,Vf and/or, 6. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adcots the minimum minority fncn- power utilization coals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non -state) in the afore -mentioned area subject to these Bid Conditions, these trades beinc: _5,4Wf_ AS Add N' and, 3, it will obtain from each of its subcontractors�cnd submit to t .- cont `ino or adrnin- istering agency prior to the avrerd or' any s contractor un ,.r this retract the sub- contractor certification require,' by tees ick, onditions ture or Auth rized Represen.ative or Bidder) RESTROOM FACILITIES F - 1 17J • THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we South Fork Asphalt Corp. Springs -Fireplace Rd. 'PO Drawer 2028 (Here insert full name and address or legal title of Contractor) East Hampton, NY 11937 as Principal, hereinafter called the Principal, and 80 Pine St. The Home Indemnity Company (Here insert full name and address or legal title of Surety) New York, NY 10005 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of 5% of the amount bid --- Dollars ($ 55-- ), 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) rest room facilities at Town Beach, County Road 48, Southold 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 gon�l 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 1st day of April 19 92 South Fork Asphalt.Corp. (Princi al(Seal) V �Z�fi A), fitness) �° r � �02 (Title) (Witness) Lois AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 act State of . County of C $ On this day of , 19 , before me personally came 0 to me known, and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged tome that he executed the same. My commission expires Notary Public --------------------------------------------------------------------- State of 1 ss. County of J « c E On this day of 19 ,before me personally came t E to me known and known to me u. c C n to be a member of the firm of Q described in and Who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public -----------`—/--------------------------------------------------------- State of f/�v_Uj R ss. County ofOn this day of— /'�' i,� , 19_before me personally came C E b l� i2 T� �J', 17 1a f,�C , to me known, o owho being by me duly sworn, did depose and say that he is the �e f c a of �� U7/� ��'t' � Sr'/j� T �e'k-, the corporation described in and which executed the above instrument; that he knows the seal of said orporation;,stat :he seal affixed to said instrument is such corporate seal; that it was so affixed by order Of thehoard of Dire tors of saii4 r ation, a /S! that he signed his name thereto by like order. / My commission expires Notary Public --------------------------------------------------------------------- State of New York ss. County of Nassau On this day of _ 19 , before me personally came Lois A. McCord to me known, who, being by me duly sworn, did depose and ;ay that V 72 1The Home Indemnit 1 he is an attorney-in-fact of Y Com Pant u the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal Q affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this offide under the Standing Resolutions thereof. KA i Fit C.-M-13ANIlMNN My commission expires ton _Fuyii:,slaieroNow Yndr No. w'iY:71w7.S W, -Notary FORM d 13 T= EVkW CERTIFIED COPY POWER OF ATTORNEY FROM THE HOME INDEMNITY COMPANY Manchester. New Hampshire KNOW ALL MEN BY THESE PRESENTS: That THE HOME INDEMNITY COMPANY,.a corporation orga- nized and existing under the laws of the State of New Hampshire, with Principal Office in the City of Manchester, in the County of Hillsboro, in the State of New Hampshire pursuant to the provisions of its by-laws, which were adopted by the Directors of the said Company on November 9, 1972, to be effective January 1, 1973, and amended by the Directors of the said Company at a Meeting held on January 8, 1973 to wit: Article VIII, Section 2 as follows: The President or any Vice President, acting with any Secretary or Assistant Secretary may appoint by written power of attorney, for purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more Attorneys -in -Fact, and at any time may remove any such Attorney -in -Fact and revoke the power and authority given to him. The signatures of such officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to which it is attached. All bonds and undertakings, recognizances, contracts of indemnity and all other writings obligatory in the nature thereof, shall be signed by either the President, any Vice President, or Attorney -in -Fact and shall have the seal of the Corporation affixed thereto. The President and all Vice Presidents shall each have authority to sign such instruments, the Vice Presidents to have such authority whether the President be.absent or incapacitated or not, and all Secretaries and Assistant Secretaries shall each have authority to seal and attest such instruments. does hereby nominate, constitute and appoint Peter Henry, Louis J. Spina, Lois McCord, Kathleen M. Bammann and Seena Sardesai of Woodbury. New York its true and lawful agent and attorney in fact with authority to make, execute and deliver, for and on its behalf, as surety, and as its act and deed, any and all bonds and undertakings. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they were dully executed by the regularly elected officers of said Company. IN WITNESS WHEREOF. THE HOME INDEMNITY COMPANY has caused these presents to be signed by its Vice President, and its Secretary, and its corporate seal to be hereto affixed this 21st day of January 1992 - (Corporate Seal) (Signed) Attest (Z' xa a `y ` Secr tary. Arthur J. San Filippo Paul J. Flemif N. li_/ M P AtO STATE OF NEW YORK, l ` ss.: COUNTY OF NEW YORK. I On this 21St day of January i g 92 , before the subscriber, a Notary Public of the State of New York, duly commissioned and qualified, came Paul J. Fleming Vice President and Arthur J. San Filippo Secretary of THE HOME INDEMNITY COMPANY, to me personally known to be the individuals and officers described in, and who executed the pre- ceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, deposed and said, that they a e the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, andthatArticle VIII,Section 2 ofthe By -Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal a the City of New York the day and year first above written. i ALICE M. BOYLE /- NotaryNoD01 60State of 7New York /: n King, CO.In- X (Notarial Seal) No. '� Commission Expires March 30, 19`_ Vo/nn PuGli� H46901p1 9/74 STATE OF NEW YORK, COUNTY OF NEW YORK. ss.: 1 Arthur J. San Filippo , Secretary of THE HOME INDEMNITY COMPANY, do hereby certify that the foregoing is a just, true, correct and complete copy of original Power of Attorney; that the said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney(s) in Fact set forth therein, who executed the bond to which this Certificate is attached, is in full force and effect as of this date. Given under my hand and the seal of the Company, at New York, New York, this April 1, 1992 ;�1A rt u an Filippo Secretary. C�MPRNy LJ THE HOME INDEMNITY COMPANY STATEMENT, DECEMBER 31, 1990 Admitted Assets STATUTORY RESULTS United States Government Bonds and Housing Authority Bonds ............................................. $ 101,474,635 Other Bonds...................................................................... 345,706,931 Preferred and Common Stocks ........................................ 22,529,968 Cash.................................................................................. 113,491 Other Admitted Assets ..................................................... 15,581,541 Total Admitted Assets ........................ $ 485,406,566 Liabilities Reserve for Unearned Premiums ..................................... $ 74,506,057 Reserve for Losses and Loss Expenses ........................... 312,244,389 Reserve for Taxes............................................................ 4,303,100 Other Liabilities................................................................ 2,653,891 Total Liabilities .................................. $ 393,707,437 Capital ................................................ $ 2,500,000 Surplus ............................................... 89,199,129 Capital and Surplus ............................ $ 91,699,129 Total .................................................... 485,406,566 Note: Bonds carried at $94,012,839 amortized value in the above balance sheet are deposited as required by law. All securities have been valued in accordance with the requirements of the National Asso- ciation of Insurance Commissioners. Directors Michael J. Conroy James K. Killelea David N. Ladd John H. McCue H32759F Rev.5-91 James J. Meenaghan (Chairman) Fouad A. Mina William L Munson Arthur S. Phillips John F. Sellick John M. Tetro Raymond C. Thomas III WILLIAM L. MUNSON President THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 T1 01�° j): KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), 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 PFincipal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the 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 (Witness) (Witness) day of AIA DOCUMENT A310 • BID BOND • AIA B • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 19 (Principal) (Seal) (Title) (Surety) (Seal) (Title) WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. OFFER, OF SURETY (To be Completed by Each Bidder) In the event the a;-,ove ProPosc-I is accepted and the undersigned is awcrded the Contract for the work, the undersigned offers es surety for faithful performance, bond end/or bonds to protect labor end material men, the following surety: SURETY C'GMPANY 5icned (Bidder) CERTIFICATE OF SURETY to be sinned by a duly authorized official, anent or attorney or the Surety Ccmpcny. In the event that the above Proposal is accepted and the contract for the worse is awarded to said the (Bidder's Name) (Surety will execute the Surety Bonds as herein Company before provided. Signed: Authorized Official, Agent, or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. RESTROOM FACILITIES G - 1 T H E A M E R I C AN I N S T I T U T E il. AIA Document A201 (4) O F A R C H I T E C T S General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS aIODIFICATION 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 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION AIA" -'Dc 1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. INDEX Acceptance of Nonconforming Work ......... 9.6.6, 9.9.3,12.3 Acceptance of Work ........... 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 Access to Work ........................... 3.16, 6.2.1, 12.1 Accident Prevention .............................. 4.2.3, 10 Acts and Omissions ... 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.32, 4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Addenda ..................................... 1.1.1,3 11 Additional Cost, Claims for ......... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Additional Inspections and Testing....... 4.2.6, 9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3.6, 4.3.8, 4.3.9, 8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3, 4, 9.4, 9.5 Advertisement or Invitation to Bid ................ . ..... 1.1.1 Aesthetic Effect ............................... 4.2.13, 4.5.1 Allowances ........................................ 3.8 All-risk Insurance ................................. 1 l .3. l .1 Applications for Payment .. 4.2.5, 7.3.7, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 1 1.1.3, 14.2.4 Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, 4.2.7, 9.3.2, 11.3.1.4, 13.-4.2, 13.5 Arbitration ..................... -4.1.4, 4.3.2. 4.3.4, 4.4.4, 4.5, 8.3.1, 10.1.2, 11.39, 11.3A0 Architect.......................................... 4.1 Architect. Definition of ............................... 4. 1.1 Architect, Extent of Authorityy ........ 2.4, 3.12.6, 4.2, 4.3.2, 4.3.6, 4.4, 5.2, 6.3, 7.1.2, 7.2.1, 7.3.6, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8.2, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority and Responsibility . 3.3.3, 3.12.8, 3.12.11, 4.1.2,-+.2.1, 4.2.2, +.2.3, 4.2.6, 4.2.7, 4.2.1(1, 4.2.12, 4.2.13, 4.3.2, 5.2.1,7.4,9.41,9.6.4,9.6.6 Architect s Additional Services and Expenses .......... 2.4, 9.8.2, 11-3.1.1,12.2.1,12.2.4,13.5.2,13.5.3,14.2.-1 Architect's Administration of the Contract .......... 4.2, 4.3.6. 4.3.7, 4.4, 9.4, 95 Architect's Approvals 2.4, 3.5.1, 3.10.2, 3.12.6, 3.12.8, 3.18.3, 4.2.7 Architect's Authority to Reject Work .... 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architcct'sCopyright ................................. 1.3 Architect's Decisions.......... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Architect's Inspections ........... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Architect's Instructions .. 4.2.6, 4.2.7, 4.2.8,4-3.7, 7.4.1, 12.1, 13.5 .2 Architect's interpretations ................. 4.2.11, 4.2.12,'4.3.7 ArchitccCs On -Sic Obscn'auons ........ 4.2.2. i.2.5, 4.1.6, 942, 9.5.1, 9.111.1, 13.5 Architect's Project Representative ...................... 4.2.10 Architect's Relationship with Contractor ....... 1.1.2, 3.2.1, 3 22, 3.3.3.35.1, 3.7-3, 3.11, 3.12.8, 3.12.11, 3.10, 3.18,4.2.3,4.2.4, 4.2.6, 4.2.12, 5 ?, 61.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.1 Architcct's RClationship with Subcontractors .... 1.1.2, 4. 2 3, 4.2. i, 4.2.6, 9.6.3, 9.().-1, 11.3.' Architect's Representations ................. 9.4.2, 9.5. t , 9.10.1 Architect s Site % isit ......... 4.2.2, 1.2.5, 4.2.9, 1.3.6, 9.-1.2, 95. 1, 9.82,-9.92, 9.10.1, 11.5 \shcsun ... ........................ 10.1 AttorncvsFccs 3.18.1, 9.102, 10. 1. 1 Aw:ud of Scpar:atc Contracts ........................... 6.1.1 Award of Subcontracts and Other Contracts for Portions of the Work .............................. 5.2 Basic Definitions ................................... 1.1 hi(MI119 Rc(Iuiremcnts ............... 1.1.1, 1.1.7, 5,2.1, 11.4 1 Boiler and Machinery Insurance ..................... 11.3.2 Bunds,LiCn...................................... 9. 10.2 Bunds. i'crk )rmanc'c :and Pavnaent ..... 7.3.6.4, 9.10.3, 11 .3.9, 11 . 1 Building Permit .................................... 3.7.1 Capitalization ....................................... 1.4 Certificate of Substantial Completion .................... 9.8.2 Certificates for Payment ....... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval ..... 3.12.11, 13.5.4 Certificates of Insurance .................. 9.3.2, 9.10.2, 1 1.1 .3 Change Orders...... 1.1.1, 2.4.1, 3.8.2.4, 3.11, 42.8, 4.3.3, 5.2.3, 7.1, 7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3 1.2, 11.3.4, 11.3.9, 12.1.2 Change Orders, Definition of .......................... 7.2.1 Changes........................................... 7.1 CHANGES IN THE WORK .... 3.1 1, 42.8, 7, 8.3.1, 9.3.1.1, 10 1.3 Claim, Definition of ................................. 4.3.1 Claims and Disputes ................ 4.3, 4.4.4.5.6.2.5, 8.3.2, 9.3.1.2, 9.3.3, 9.10.4, 10.1.4 Claims and Timely Assertion of Claims ................ 4.5.6 Claims for Additional Cost ........ 4.3.0, 4.3.7, -4.3.9, 6.1.1, 10.3 Claims for Additional Time ............ 4.3.6, 4.3.8, 4.3.9, 8.32 Claims for Concealed or Unknown Conditions ........... 4.3.6 Claims for Damages... 3.18, 4.39, 6.1 .1, 625, 8.3.2, 9.5.1.2, 10.1.4 Claims Subject to Arbitration ................. 4.1.2. 4.4.4, 4.5.1 Cleaning Up ........... ...... .... ........... 3.15,6.3 Commencement of Statutory Limitation Period .......... 13.7 Commencement of the Work, Conditions Relating to ....... 2.1.2, 2.2.1, 3.1-1, 3.2.2, 3.7.1, >.10.1, 3.12.6, 4.3.7, 5.2.1, 0.2.2, 8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Commencement of the Work, Definition of ................ 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4, 5.2.1 Completion. Conditions Relating to ....... 3.1 1, 3.15, 4.2.21,,1.2-9, -4-3.2. 9.4.2, 9.8. 9.9.1, 9.10, 11.3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND ......................... 9 Completion, Substantial ......... 4.2.9. 1.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 99.1, 12.2.2, 13.7 Compliance with Laws ...... 1.3, 3.6, 3J, 3.1 3, -1.1.1, 10.2.2, 11. 1, 11.3,13.1.13. SA, 13.5.2,13.6,14.1.1,14.2.1.3 Concealed or Unknown Conditions ..................... 4.3.6 Conditions of the Contract .................. 1.1.1, 1.1.7, 6.1 .l Consent, Written .................. 1.3.1, 3.12.8, 3.14.2, -1.1.2, 4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3,10 1.2, 10.1.3, 1l 3-I, 11.3.1.4, 11.3-11, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4, 6 Construction Change Directive. Definition of . . ............ 7.3.1 Construction Change Directives .... 1. l .1, 4.2.8, 7.1, 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10. 0.1.3 Contingent Assignment of Subcontracts ................ 5.4 Continuing Contract Performance .................... 4.3.4 Contract, Definition of ............................... 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7, 5.4.1.1, 14 Contract Admini.stratmn 3.3.3, 4, 9.4, 9.5 Contract Aw:ud and Execution, Conditions Relating to ...... 3.7.1, 3. 10, 5.2, 9 2, 11.1.3, 11.3.6, l 1-4.1 Contract Documents, The ... ................. 1.1, 1.2. 7 Contract Documents, Copies Furnished and I'se of. .. 1.3, 2.25. 5 i Contact Doc unacnts, DClinition of ..................... 1 .1 .I Contract Performance During Arhitration ............ 4.3.4, 4.5 .3 Contract Sum ................... 3.8, 4.3.6, 4.3.7, 4.4.4.5.2 3, 6.1.3, 7.2, 7i, 9.1, 9.-, 11.3.1, 12.2. 4, 12 3, 14.2.4 Contract Sum, Definition of ............................ 9.1 Contract Time ................. t. O, 4.3.8, 1.-4.4, '?.1.3, 7.3, 8.2.1. 8.3.1, 9. '17, 12.1.1 Contract Time, Definition of .......................... 8.1.1 AIA DOCUMENT A201 - (;FNERAI. CONDITIONS OF T111: CONTRACT FOR CONtiFRUCTION - FOURTEENTH EDITION 2 A201-1987 AIA" - � 1987 THE AMERICAN INSTITUTE OF ARCHITECTTS. 1735 NEW YORK AVENUE, N.V., WASI(INGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CONTRACTOR ....................................... 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Bid .................................... 1.1.1 Contractor's Construction Schedules ............. 3.10, 6.1.3 Contractors Employees ....... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Contractor's Liability Insurance ....................... 11.1 Contractors Relationship with Separate Contractors and Owner's Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2.4, 6, 12.2.5 Contractor's Relationship with Subcontractors ....... 1.2.4, 3.3.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship with the Architect .... 1.1.2, 3.2.1, 3.2.2, 33.3, 3.5.1, 3.7.3, 3.11, 3.12.8 3.16, 3.18, 4.2.3, 4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Contractor's Representations. . 1.2 2, 3.5.1, 3.12.7, 6.2.2, 8.2.1, 9.3.3 Contractor's Responsibility for Those Pertorming the Work ................. 3.3.2, 3. 18, 4.2.3, 10 Contractor's Rcyieev of Contract Documents ...... 11.2, 3.2, 3.7.3 Contractor's Right to Stop the Work ...................... 9.7 Contractors Right to Terminate the Contract .............. l-+. I Contractor's Submittals ....... 3.10, 3. 11, 3.12. 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3.1, 9.82, 9.9.1, 9.10.2, 9. 10.3 , 10.1.2, 1 1.41, l 1.4.3 Contractor's Superintendent ............. I ........ 3.9, 101.6 Contactors Supervision and Construction Procedures...... 11. 1, 3.3, 3.4, -4.2 3, 8.2.2, 8. 2.3, 10 Contractual Liabilitv Insurance ................. 1 1.1.1.7, 1 1.2.1 Coordination and Correlation ............... 1.2.2, 1.2. +, 1 3. 1, 3.10, 3.12.7, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications ... 1.3, 2.2.5, 3.11 Correction of Work ..................... 2.3, 2.4, 4.2.1, 9.8.2. 9.9.1, 12.1.2, 12.2, 13.7.1.3 Cost, Definition of ............................ 7.3.6, 1.1.3.5 Costs .... 2A, 3.2.1, 3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1, 5.2.3, 6.1.1, 6.2.3, 6.3, 7.3.3.3, 7.3.6, 7.3.7, 9.7, 9.8.2, 9.10.2, 1 1.3.1 .2, 11 .3.1.3, 1 1.3.4, 1 1.3.9, 12.1, 12.2.1, 12.2.4, 12.2.5, 13.5, 1-4 Cutting and Patching ........................... 3.14, 6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Damage to the Work ..... 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for .. 3.18, 4.3.9, 6.1. l , 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Damages for Delay .................... 6.1.1, 8.3.3, 9.5.1.6, 9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Datc of Substantial Completion, Definition of .............. 8.1.3 Div, Definition of ................................... 8.1.4 Decisions of the Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 43.2, +.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9?, 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 Detective or Nonconforming Work, Acceptance, Rejection and Correction of ............ 2.3, 2.4, 3.5.1, 4.2.1, 4.2.6, 4.3.5, 9.5.2, 9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3 Defective Work, Definition of ......................... 3.5. l Definitions...... I.1, 2.1.1,3.1,3.5.1, 3.12.1, 1.12.2,3.12 3,4.1.1, -+.3.1, 5.1, 6.1.2, 72.1, 7.3.1, 7.3.6, 8.1, 9.1, 9.8.1 Delays and Extensions of Time .......... 4.3.1, 4.3.8.1, -+.3.8?, 6.1.1, 0.2.3, ,1.1, 7.3.1, 73.4, 7.3.5, 7.3.8, 73 .9, 8.1.1, 8.3, 10.3.1, 14.1-I. 1 4. I .`+, 43, 1.-t, 4.5, 6.2.5, 6.3, 7.3.8, 9.3.1. 2 Doc'ume'nts and SanwIcs at file Site ...................... 3.11 Dr.m ings. Dcfinitiou of .............................. 1.1.5 Dm%%i tgs;tnd Spccilic':ttions, 1'sc and ()wncrship of..... 1 . 1.1, 1 .3, 2.2.5, 1. 11, 5.3 Duty to Rcyicw Contract Documents and Field Conditions ..... 3.2 1{ffcctivc Datc of Insurance ...................... 8.2.2, 11.1 .2 Emergencies ................................. 4.3.7,10.3 Employees, Contractor's .......... 3.32. 3.4.2, 3.8.1, 3.9, 3.18.1, 3.18.2, 4.2.3, 41.6, 8.1.2, 101, 10.3, 11. L 1, 14.2.1.1 Equipment, Labor, Materials and .......... I.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.3. 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 02.1, 7.3.6, 9.3.2, 9.3.3, 11. 1, 12.2.4, 14 Execution and Progress of the Work ....... 1.1.3, 1.2.3, 32, 3.4.1, 3.5.1, -1-2.2, -+.2.3, -1 3.4, 4.3.8, 6.2.2, 7.1.3, 7.3.9, 8.2, 8.3, 9.5, 9.9.1, 10.2, 14.2, 14.3 Execution, Correlation and Intent of the Contract Documents .......................... 1.2, 3.7.1 Extensions of Time ............. 4.3.1, 4.3.8, 7.2.1.3, 8.3, 10.3.1 Failure of Payment by Contractor .............. 9.5.1 .3, 141. l .2 Failure of Pavment by Owner ................ 4.3.7, 9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ........ +.2.1, 4.2.9, -+.3 2, 4.3.5, 9.10, 1 1.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Financial Arrangements, Owners ....................... 21.1 Fire and Extended Coverage Insurance .. ................ 11.3 GENERAL PROVISIONS ................................ 1 Governing Law .................................... 13.1 Guarantees (See Warranty :u(l \C'arrantics) I lazardous Materials ............................ 10.1. 10.2.4 lcicntifiC:16011 of Contact DUCUmCIMS ................... 1.2. 1 1clentilication of Suhconu-actors .utct Suppliers ............. 5.2.1 Indemnification ....... 3.1-.3.18, 9.102, 10.1.4, 11.3.1.2, 11.3.7 Information and Services Required of the Owner ..... 2.1.2, 2.2, +.3.-1, 0.1.3, o.l.-+, o. 2.6, 9 3.2, 9.6.1, 9.6.4, 9.8.3, 9.92, 9.10 3, 10.1.-1, 11.2, 11.3, 13.5.1. 13.5.2 Injury or Damage to Person or Property ................ 4.3.9 Inspections ......................... 3.3.3. 3.3.-+, 3.7.1, -1.2.2, 4.2 0, -+.2.9, 1.3.6, 9.-t_', 9.81, 9.9.2. 9.10.1, 13.5 Instructions to Bidders ............................... 1.1.1 Instructions to the Contractor .... 3.8.1, -1.2.8, i.2.1, 12. 1, 13.5.2 Insurance. . . . . - . -+.3.9. 6. l . 1 , 1.6.4. 9.3. 2, 9.8.2. 9.9.1, 9. 10.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability ...................... 11.1 Insurance. Effective Date of ..................... 82.2, 11.1.2 Insurance, Loss of Use ............................. 1 l .3.3 Insurance, Owner's Liability .......................... 11.2 Insurance,Property ........................... 10.2.5,11.3 Insurance, Stored Materials .................... 9.3.2, 11.3.1,-t INSURANCE AND BONDS ........................ . .... 11 Insurance Companies, Consent to Partial ( )ccupancy .. 9.9. 1, 1 1 .3. 11 Insurance Companies. Settlement with ................. 11.3-10 Intent of the Contract Documents ............... 1.2.3. 3.12.4, 4.2.6, +1.7, �1. 2.12, 4.2-13, 7.4 Interest ........................................... 13.6 Interpretation ........ 1.2.5, 1 .-t, 1.5, 1.1.1, -4,3. 1, 5. 1, 6.1.2, 8.1.4 Interpretations, Written -4.2.11, -12. l 2, 4.3.7 Joinder and Consolidation of Chims Required ............. 4.5.6 Judgment on Final Award ................ 4.5.1, 4.5.4.1, 4.5.7 Labor and Materials, Equipment .... 1.1.3, 1.1.0, 3.4, 3.5.1, 3.8.2, 3.12.2. 3.12.3, 3.12.71 3.1_'.11, 3.13, i. 15. 1, -+.2,-. 6.2.1, .3.0, 9.3-2, 9.3-3, 122.4, 1,1 LahorDisputc's..................................... 8.3.1 LA\%S incl Rcgul:rionS ....... 13, 3.0. 3.', 3.1 S. -+. I . 1, -+.5.i, -+.5.7, Q91, 10. 2. 2, 1 1 . 1 , 1 1 .3, 13 1. l 3.-+, 13.5-1. 1 3.5.2, 13.6 Licns .................. 2.1 2, -1.3. 2, 1.1.5.1 , 8.2.2, 9.3.3, 9. 10.2 Limitation on Consolidation or Joinder 4.5.5 I.itnitltionS, MatUtCSOt 4.i.-1.2, 12.2.6, 13.7 Limitations of Authority .................... 3.3.1, -1.1.2, -1.2. 1, 41.3, 1.2.7, 4.2.10, 5.2.2, 5.2.4, 7.a, 11.3-10 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONST RUCTION • FOURTEENTH EDITION AIA" • 1987 THE AMERICAN INSTITI'1'E OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2(H)06 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 3 Limitations of Liability ..... 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.17, 3.18, 4.2.6. 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.10.4, 10.1.4,10.2.5,11.1.2,11.2.1,11.3.7,13.4.2,13.5.2 Limitations of Time, General ........... 2.2.1, 2.2.4, 3.2.1, 3.7.3, 3.8.2,3.10.3.12.5,3.15.1,4.2.1,4.2.7,4.2.11,4.3.2, 4.3.3, 4.3.4,4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 52.3, 62.4, 7.3.4, 7.4, 8.2, 9.5, 9.6.2, 9.8, 9.9, 9.10, 11.1.3, 11.3.1, l 1.3.2, 11.3.5, 11.3.6, 12.2.1, 12.2.2, 13.5, 13.7 Limitations of Time, Specific ......... 2.1.2, 2.2.1, 2.4, 3.10, 3.11, 3.15.1,4.2.1,4.2.11,4.3,4.4,4.5,5.3,5.4,7.3.5,7.39,8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10,113.11,12.2.2,12.2.4,12.2.6,13.7,14 Loss of Use Insurance ............................. 11.3.3 Material Suppliers .............. 1.3.1, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3.1, 9.3.1.2, 9.3.3, 9.4.2, 9.6.5, 9.10.4 Materials, Hazardous ........................... 10.1, 10.2.4 Materials, Labor, Equipment and ..... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.121, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 122.4, 14 Means, Methods, Techniques, Sequences and Procedures of Construction .......... 3.3.1, 4.2.3, 4.2.7, 9.4.2 Minor Changes in the Work .......... 1.1.1, 4.2.8, 4.3.7, 7.1, 7.4 MISCELLANEOUS PROVISIONS ........................ 13 Modifications, Definition of ........................... 1.1.1 Modifications to the Contract ........... 1.1.1, 1.1.2, 3.7.3, 3.1 I, 4.1.2,4.2.1,5.2.3,7,8.3.1,9.7 Mutual Responsibility ................................ 6.2 Nonconforming Work, Acceptance of .................. 12.3 Nonconforming Work, Rejection and Correction of ........ 2.3.1, 4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3 Notice ............. 2.3, 2.4, 3.2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, 3.12.9, 3.17, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 95.1, 9.6.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14 Notice, Written ............... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9. 10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Notice of Testing and Inspections ................ 13.5.1, 13.5.2 Notice to Proceed ................................... 8.2.2 Notices, Permits, Fees and ...... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.21 Observations, Architect's On -Site ................. 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Observations, Contractor's ....................... 1.2.2, 3.2.2 Occupancy ......................... 9.6.6, 9.8.1, 9.9, 1 1.3.1 1 On -Site Inspections by the Architect 4.2.2, 41.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1 On -Site Observations by the Architect ......... 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Orders, Written ............ 2.3, 3-9,4 3.7, 7, 8.2.2, 1 1.39, 12. 1, 12.2, 13.5.2, 14.3.1 OWNER............................................. 2 Owner, Definition of ................................. 2.1 Owner, Information and Services Required of the........ 2.1.2, 2.2, -1.3.4, 6, 9, 10.1.1, 112, 11.3, 135.1, 14.1.1.5, 14.1.3 O«ncr's authority 3.8.1, 4.1.3, 41.9, 5.2.1, 5.2. 4, 5.4.1, 7.3. 1, 8.2.2, 9.3.1, 9.3.2 , 11.4.1, 12.2.4, 1 3.5.2 , 14.2 , 14.3. 1 0%%ncr's1:inancialCapability ................... 2.2.1, 1-1.1.1.5 Owner's Liability Insurance .......................... 11.2 t hcncr's Loss of l'sc hlsurancc ........................ 1 1.3 3 t )wner's Relationship with Subcontractors ............... L 1. 2, 5.2.1, 5. i.l, 9.6.1 Owner's Right to Carry Out the Work ........ 2.4, 12.2. i, 14.2.2.2 Owner's Right to Clean Up ............................ 6.3 C Owner's Right to Perform Construction and to Award Separate Contracts ......................... 6.1 Owner's Right to Stop the Work ................... 2.3, 4.3.7 Owner's Right to Suspend the Work ..................... 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents ................ 1.1.1. 1.3, 2.2.5, 5.3 Partial Occupancy or Use ................. 9.6.6, 9.9, 1 1.3.1 1 Patching, Cutting and .......................... 3.14, 6.2.6 Patents, Royalties and .............................. 3.17 Payment, Applications for ................ 425, 9.2, 9.3, 9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.1Q4. 142.4 Payment, Certificates for ........... 4.2. 5, 42.9, 9.3.3, 9.4, 9.5, 9.6.1, 0.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 1-4.1.1.3, 14.2.4 Payment, Failure of ..................... I .... .4.3.7, 95.1.3, 9.7, ).1o1, 1-+.1.1.3, 1-4.2.1.2 Payment, Final ............ .4.2.1, -4.2.9, -1.32, +.3 5, 9.10. 11.1.2, 11.1.3, 11.3.5, 12.31 Payment Bond, Performance Bond and .............. 36.-4, 9 I n.3, 11.3.9, 11.4 Pa mems. Progress 4.3.-4, 9.i, 9.6, 9.8.3, 9.1113, 13.6. 1+.2.3 PAYMENTS AND COMPLETION 9, 14 Payments to Subcontractors .................... 5.4.2, 9.5. 1.3, 9.6.2, 9.6.3, 9.6.-4, 11.3.8, 1-+.2.1.2 PCB.............................................. 10.1 Performance Bond and Payment liond ................. -.3.6.4, 9.10.3, 11.3.9, 114 Permits, Fees and Notices ....... 21.3.3.7, 3 13, '.3.6.4, 101.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlorinated Biphenyl ............................. 10.1 Product Data, Dctinitiou of ........................... i. 12.2 Product Data and Samples, Shop Drawings .... 3. l I , 3.12, 4.2.7 Progress and Completion ................... 4.2.2, 4.1-4, 8.2 Progress Payments 4 3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 1-4.2.3 Project, Definition of the ............................. 1.1.4 Project Manual, Definition of the ...................... 1.1.7 Project Manuals .................................... 2.2.7 Project Representatives +.2.10 Property Insurance ........................... 10.2.5.11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ............ 1.3, 3.6, 3,7, 3.13, 4.1.1, 4.5.5, 4.5.7, 10.2.2, 11 1, 11 3, 13 1, 13.-1, 13.5.1, 1i.52, 136, 14 Rejection of Work ..................... . ... 3.5.1, 4.2.6, 121 Releases of Waivers and Licns ......................... 9. 10.2 Reprc-sentations ......................... 1.2.2, 3.5.1. 3.1 2.7, 6.22, 81.1, 9.3.3. 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives ............................ 2.1.1,3.1.1,3.9, 4.1.1, -4.2.1, -4.2.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes .................. 4.4,-4.5 Rcspon.sibility for Thosc Performing the Work ............ 3.3.2, 42.3, 6.1.3, 6�2, l0 Retainage ............... 9.3. 1, 9.6.2,9.8-3, 9.9.1, 9.10.2, 9.10._3 Review of Contract Documents and Field Conditions by Contractor ............ 1 ?.2.3.2, 3.7.3, 3.1 2.7 Review of Contractor's Submittals by Owner and Architect ............. 3.10.1, 3.10.2, 3.11, 3.12, -1.2.7, 4_'.9, 5.2.1, 5.2-3, 92, 9-81 Review of Shop Drawings, Product Data and Sarnpics by Connector ........................ 3. 12.5 Rights and Remedies ............. 1. 1. 2, 2.3, 2.-1, 3.5.1, 3.151, 4.2.6,1.3.6,4.5,5.3,6.1,6.3,7.3.1,8.3.1,9.5.1,9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties and Patents ............................... 3.17 ENT OF THE 4 A201-1987 AIA DOG 987 THE AMERICANIINN'STITTNTEOFARCIIITECTS(1735NEW ORKAVENUE,N.W.,WASHINGTO.N.D.C.EDITION (X) WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Rules and Notices for Arbitration ..................... 4.5.2 Safety of Persons and Property ....................... 10.2 Safety Precautions and Programs ........... 4.2-3, 4.2.7, 10.1 Samples, Definition of .............................. 3. 12.3 Samples, Shop Drawings, Product Data and ... 3.11, 3.12, 41.7 Samples at the Site, Documents and ................... 3.11 Schedule of Values ............................. 9.2, 9.3.1 Schedules, Construction .............................. 3.10 Separate Contracts and Contractors .......... 1. L4, 3.14.2, 4.2.4, 4.5.5, 6, 11.3.7, 12.1.2, 12.25 Shop Drawings, Definition of ......................... 3.12.1 Shop Drawings, Product Data and Samples .... 3.11, 3.12, 4.2.7 Site, Use of .............................. 3.13, 6.1.1, 62.1 Site Inspections ... 1.2.2, 3.3.4, 4.2.2, 4.2.9, 4.3.6, 9.8.2, 9.10.1, 135 Site Visits, Architect's ................. 4.2.2, 4.2.5, 4.2.9, 4.3.6, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing .............. 4.2.6, 12.2.1, 13.5 Specifications, Definition of the ....................... 1.1.6 Specifications, The .......... 1.1.1, 1.1.6, 1.1.7, 1.2.4, 1.3, 3. 11 Statutes of Limitations .................... 4.5.42, 12.2.6. 13.7 Stopping the Work ............. 2.3, 4.3.7. 9. 7, 10.1.2, 10 3, 1-4 1 Stored Materials ........... 61.1, 9.32, 10.2.1.2, 1 1 i.1.4, 12.2.-+ Subcontractor, Definition of ........................... 5.1. 1 SUBCONTRACTORS .................................. 5 Suhcontracu)rs, Work by .................. 1.2.4, 3.3.2, 3.12.1, 41.3, 5.3, 5.4 Subcontractual Relations .............. 5.3, 5.4, 9.3.1.2, 9.61, 9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 14 3.2 Submittals ......... 1.3, 3.2.3, 3.10, 3.1 1, 3.1 2, 4.2.7, 52.1, 5.2.3, 7.i.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2. 9.10.3, 10.1.2, 11.1.3 Subrogation, Waivers of ................. 6.1.1, 11-3.5,11.3.7 Substantial Completion ............. 4.2.9, 4.35.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of .................... 9.8.1 Subatitution of Subcontractors .................... 5.2.3, 5.2.4 Substitution of the Architect ............................ 4.1.3 Substitutions of Materials ............................. 3.5. 1 Sub -subcontractor, Definition of ....................... 5.1.2 Subsurface Conditions ............................... 4.3.6 Successors and Assigns ............................ 13.2 Superintendent ............................... 3.9,1o.2.6 Supervision and Construction Procedures ...... 1.2.4.3.3, 3.4, 4.2.3, 4.3.4, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14 Surra' ............... 4.4.1, 4.4.4, 5.4.1.2, 9.10.2, 9.10.3. 14.2.? Surety, Consent of ....................... 9.9.1, 9, 10.2, 9.10.3 Suryeys..................................... > 2.2.3 183 Suspension by the Owner for Convenience ............. 14.3 Suspension of the Work ............. 4.3.7, 5.4.2, 1-1.1 .1.-4, 14.3 Suspension or Termination of the Contract ...... 4.3.7, 5.4.1.1, 14 Taxes......... 3.6, '.3.6.4 ............................. Termination by the Contractor ........................ 14.1 Termination by the Owner for Cause ............. 5.4.1.1, 14.2 Termination of the Architect .......................... 4.1.3 Termination of the Contractor ........................ 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Tests and Inspections ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 122.1, 13.5 TIME............................................... 8 Time, Delays and Extensions of .............. .4.3.8. 1.2.1, 8.3 Time Limits, Specific ......... 2.11, 21.1, 2.4, 3.10, 3.1 1, 1.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8 2, 9.2. 9.3.1. 9.3.3, 9.4.1. 9.6.1, 9.7, 9.81, 9.10.2, 1 1. 1 .3. 1 1.3.6. 1 1 .3.10, 11.3.11, 122.2, 13.2.+. 12.2.6. 13.-, 1-+ Time Limits on Claims ........ -i.3.?. 4.3.3, -1.3.6, -+.3.9. -1.4. 4.5 Title to Work ................................. 9.3.2. 9.3.3 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovering of Work .... ........................... 12.1 Unforeseen Conditions ..................... 4.3.6. 8.3. L 10. I Unit Prices .................................. ,.1.-1. _.3.32 Use of Documents ................. 1.1.1 , 1,3, 2.2.5, 3.12.7, 5.3 Use of Site ......................... . .. 3.13, 6.1.1. 6.2.1 Values, Schedule of ............................ 9.2,93 1 Waiver of Claims: Final Payment ........... 4.3.5, -t.5.1. 9.10.3 \Waiver of CLtin)s by the Architect ...................... 13.42 Waiver of Claims by the Contractor ......... 9. 10.4, 1 t .3.', 13.-+1 Waiver of Clain)s by the Owner .............. 4. 35, -4.5.1, 9.9.3, 9-10.3, 11.3.1. 11.3.5, 11.3.-, 13.4.2 WruverofLiens ............................. ...... 9.10.2 WAvers of Subroganon ................... 6. 1.1 , 1 1.3.5. 1 1.3. - Warranty and Warranties ................ ........ 3.5, -1.2.9, 4.3.5.3, 9.3.3, 9.8.2. )-),1, 122.2, 137.1.3 Weather Dclays ................................... 4.3.8.2 When Arbitration May Be Demanded .................. 4.5.4 Work. Definition of ................................. 1.1.3 Written Consent .............. I .3. 1, 3. 12.8. 3.14.2, 4. 1 2, 4.3.4, 455, 9.3.2, 9.8.2, 9.9.1, 9.10.2. ).1o.3, 10.11, 10.1.3, 11.3.1, 11.3.1.4. 11.3.11. 13 2. 13.4.2 Written Interpretations ....... . ........... 1.2.11, 4.3.1_2, 4i7 Written Notice ........... 2. 3, 2.-1. 3.9. 3.12.8. 3.1 2.9, 4. 3, 4.4.4, 5.2.1. 5. 3, 5.4.1.1. 8.2.2. 9.-1.1, 9.5.1, 97, 9.10' 10.1.2. 10.2.6, 11.1.3. 11.3. 12.2.2. 121 . .-4, 13.3, 135 .2, 14 Written Orders ............................. 2. 3, 3 9. 4.3.7, -. 8.2.2, 11.3.9, 12.1, 12.2, 13.5 1. 14.3.1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FUR CON" I RUCTION • FO1 RTEENTH EDITION AIA' • c; 198-1 [IF AMERICAN INSTITt"I'E OF ARCHITECTS, 1735 NEVI' YORK A\"EN('E, N.W., \e'ASIIINGTUN, D.C. 11 000 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub - subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and vvhich may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawingsare the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimcnsion.s of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip - merit, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Dr:nvings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other dOCU111entS prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub - subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRA(: - FOR CONSTRUCTION - FOURTEENTH EDITION 6 A201-1987 AIA' - �)198 1'HE Ab1ERICAN INSTI'FI:TE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. _'l>Ut16 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 Work without the specific written consent of the Owner :utd Architect. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as ''all" and "any" and arti- cles such as ''the'' and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term ''Owner'' means the Owncr or the Owner's authorized representative. 2.1.2 The Owncr upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. (Note: Unless such reccson(ible evideme were furnished on request /)rior to the execution o% the Agreement, the 1)ros1)eo:1h,e contractor would not be re (luireal to execute the 11greemeut or to commence the Iv6rk.1 2.2.2 The (honer shall furnish surveys describing physical chactcteri.Stics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which arc the responsibility of the Contractor Linder the Contract Documents, the Owner ,hall Secure and pay for necessary approvals, casements, assess - i\• ments and charges required for constrm non. use or occupancy of permanent structures or fur permancnt changes in existing facilities. 2.2.4 information or services under the ONNners control shall be furnished by the Owner with reasonable promptness to avoid delav in orderly progress of the Work. 2.2.5 Unless otherwise provictcd in the Contract Documents. the Contractor will be furnished, free of chane, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the \C'ork. 2.2.6 The foregoing are in actclition to other duties and respon- sibilities of the Owner crntmerited herein and especially those in respect to Article b (Construction by Owner or by Separate Contractors), Article y (Payments and Completion) and Article I I (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 13.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by , ritten order signed personally or by an agent specifically so empowered by the Owner in -writing, may order the Contrac- tor to stop the Work, or any portion thereof. until the cause for such order has been eliminated: hoxyever. the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor def:wlLS or neglects to carne Out the Work in accordance with [tic Contract Documents and fails v-ithin a seven-day period alter receipt of written notice from the Owner to conuncnce and continue correction of such default or neglect with diligence and promptness, the Owner ntay after such seven-day period give (tic Contractor a second written notice to correct such deficiencies \\ ithin :t second seven-day period. If the Contractor within such second seven - clay period after receipt of such second notice tails tO com- mence and continue to correct any deficiencies, the Owner may' without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall he issued deducting from 1)mentS then or thcre:tftcr clue the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional scr ices and expenses made necessan- by such default, neglect or failure. Such action by the OR [ICr and amounts charged to the Contractor are both subject to prior appro�ai of the .Archi- tecct. If payments then or thereafter clue the Contractor :ire not sufficient to cover Such amounts, the Contractor shall p.n the difference u) the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contracatr is the person or entity iclentificd :is such In the Agreement and is retuned to throughuur the Contract DoCUInCms as if singular in numhcr. The term --(,ontractor" tucans the Contractor ur the Contrat-tor's authorized representative. AIA DOCUMENT A201 • GENERAL CONDITIONS OF l'IIE CONTRACT FOR CONSIRl'CTION • FOl'Rl'F.FN'I'H EDITION AIA' • , 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AyENI'E. Y.W., WASHINGTON, D.C. 2(XX6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not he liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion n)caus, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall riot be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive suh- scqucnt Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay fur lahur, materials, equip- ment, tools, construction equipment and machinery, water, heal, utilities, transportation, and Other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 'I he Contractor shall cnforcc strict discipline and good Order aunong the Contrtctors en)ployces and other persons carrying out the Contract. The Contractor shall not permit cn)plOyn)ent Of unfit persons or persons not skilled ill Casks assigned to then). 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not property approved and authorized, may he considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satistactory evidence as to the kind and quality- of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, w hethcr or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay tot- the building permit and other permits and governmental fees. licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after exccution of the Contract and which are tcgally required when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply- with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance thcrcw ith, the Contractor shall promptly- notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such a nlOunts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons Or entities against which the Contractor makes reasonahlc objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shat)) be selected promptly by the Owner to avoid delay in the y�'urk; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; AIA DOCUMENT A201 • GENERAI. CONDITIONS OF TIIE CONTRACT FOR CONSTRIVI'ION • tot'RTEF.N"1111 EDITION 8 A201-1987 AIA' • CS 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AyENL'E, N X V(ASIIINGTON, DC 200416 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. i! .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 T'he Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 T'he Contractor shall confirm to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be availahle to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings arc drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate sonic portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrttc materials or equipment for sonic portion of the Work. 3.12.3 Saunples are physical examples which illustrate materials, cquipmcnt or -,vorkmanship and cstahlish standards by which the Work will he judged. 3.12.4 Shop Drm ings, Product Data, Samples and similar sub- nuitals arc not Contract Documents- The purpose of their sub- mittal is to demonstrate for those portions of the Work for vi which submittals are required the way the Contractor proposes to conli)rm to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph -4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal auid review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Dravvings, Product Data. Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect hats given written approval to the specitic deviation. The Contractor shall nut be relieved of responsibility for errors or omissions in Shop Draw ings, Product Data, Samples or simiLu submittals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Dr-, Ings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Intormational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and ccrtifn- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encunther the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 T'hc Contractor shall he responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not dam:tge or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excava(ion. The Contrac- tor shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 • GENERAL CONDI-PIONS OF THE CONTRACT FOR CONSTRICTION • FOURTEENTH EDITION AIA' • :S 11)87 THE AMERICAN INSTITUTE. OF ARCHITECTS, 1735 NEW YORK AyENVE, N.W., WASHINGTON, D.C. 204M WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhotd from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall he responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge,, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Stubcontrtctor, anyone directly or indirectly employed by them ur anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by A limiCution on :unount or type of damages, compensation or henetits payable by or for the Contractor or a Subcontractor under workers' Or vvorknocn's compensation acts, disability hcncfit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising Out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants. and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 Tile Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonah1v withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall he that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generall- familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. i lo-wever, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and progr:urls in connection with the Work, since these are solely the Contractor's responsibility :is provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not he responsible for acts or omissions of the Con - AIA DOCUMENT A201 • GENERAL CONDITIONS OF THF, CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 10 A201-1987 AIA' • U 1987 HIE AMERICAN INSTITUTE OI: ARCHITECTS, 1735 NEW YORK AVENUE, N.V., WASIIINGTON. D . 2(X)(16 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 0 tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authoritv of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons pertorm- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- merits. The Architect's action will be taken with such reason- ahlc promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise .specifically stated by the Architect, of any construction means, methods, tcchniqucs, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in (tic Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related (10CL1111cius required by the Contract and assembled by the Contractor, and will issue a final Certificate fix Payment upon contplialIce with the requirements of the Contract Documents. 4.2.10 It the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be is set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time vvithin which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not he recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not he liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will he final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim-' also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall he referred initially to the Architect for action as provided in Paragraph 4.-4. A deci- sion by the Architect, as provided in Subparagraph +.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- plctcd. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.-1 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be male within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made alter the initial Claim has been implemented by Change Order will not he considered unless submitted in a timelv manner. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRAC"r FOR CONS'TRI'CTION • FOURTEENTH EDITION ALA-* • l )8- THF. AMERICAN INSTITUTE OFARCIIrrECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 21XXXi WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 11 K] 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to stake Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include in estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data • substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either parry to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be tiled as provided in Subparagraphs -4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection. (-t) recommend approval of the Claim by the other party or (.5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and anTount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain .appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the .architect, (2) modifv the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court haying jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph -4.3.5. Such controversies or Claims upon which the Architect has given notice.md rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when -45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THF. CONTRACT FOR CONSTRt.CT ION • FOCRTFTNTH FI)ITTON 12 A201-1987 AIA` • 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1-35 NEVC YORK AVENUE, N.W. WASHING I'ON, D C. 2(N)(16 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be matte within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 clays' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.+.' as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 1-).7. 4.5.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by .vrittcn consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any tither person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor is described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to he accorded in arbitration. No person or entity other than the Owner, Contractor ora separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration invoking an additional person or entity shall not constitute consent ((),arbitration of a dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate N% ith an additional person or entit' duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable la%v in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entit who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor'' is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term ''Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub -subcontractor is it person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the \Vork at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticahle after a�yard of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly rept", to tile Con- tractor in ),vriting stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no rc•alsonablc objection. The Contract Sum shall be increased or decreased by the clitferetce in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a 5Ub(trit[ractor, person or entity previously selected if the Owner of Architect makes reasonable objection to such change. AIA DOCUMENT A201 - GENERAL CONDrrIONS OF THF. CONTRACT FOR CONSI fit - FOURTF.HNTH Ft)1'r10N AIA' - ' IVR" THF AJIF.RICAN INSTITU"I'll OFARCfll'1'ECTS, 1'i5 NEVE' Yt)RKA",ENt'E, N.Vt'., IX:ASHING'rt)N. D.C. 2(x)06 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall Glow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents :n:cilahle to their respective proposed Sub -subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6,1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Proiect or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that del:n or additional cost is involved because of such action by the Owner, the Contractor shall make such Clain} as provided else- where in the Contract Documents. 6.1.2 Wlicn sep:u:Ic contracts are awarded for different por- tcons of the Proicct or other construction or operations on the site, the term ''Contractor'' in the Contract Documents in each case shall mean the Contractor who executes each separate 0%%ner-Contractor Agreement. _i 6.1.3 'File Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owners own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the 'fork, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except is to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph -}.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the sante responsibilities for cutting incl patching as are described for the Contractor in Paragraph 3.1-1. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute :crises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts ti}r maintaining the premises and Surround- ing area free from waste rn;tterials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost antong those responsible as the Architect determines to be just. ITJON 14 A201-1987 AIA DOCUM8NTHE AbtE:RICAN IINNSTITI'TE OICONDITI'ARC} ITE(:TS,, 1-35 NFIA' YORK(aVENUE( NT FOR '%X'uNX'ASt•N VGTO.N FOURTEENTH }) �2(XX)O WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Ov.-ner, Contractor and Architect, stating their agreement upon all of the following: :t change in the Work; .2 the amount of the adjustment in the Contract Sum, if anv; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating it proposed basis fir :adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Tintc being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order, 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the folloNving methods: .1 mutual acceptance of .t lump sum properly itemized and supported by sufficient substantiating data to per- mit (!Valuation; .2 unit prices stated in the Contract DOCUI1lelitS or .Sub- sequently agreed upon; r. .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract SUM. a reasonable allowance for overhead and profit. In such case, and also under Clause '.3.3.3, the Contractor shall keep :and present, in such form its the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.0 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, inchttl- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, aunounts not in dispute may be included in Applications for Payment. The aunount of credit to be allowed by the Contrac- tor to the 0xvncr ti>r a deletion or change -a-hick results in a net decrease in the Contract Sum shall be actual net cost as Con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in at Change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree Xvith the adjustment in Contract Tinte or the method for determining it, the adjustment or the method shall be referred to the Architect firr determination. 7.3.9 \Vhcn the Owner and Contractor agree with the dctcr- ntination "tilde by the Architect concerning the adjustments in the Conu'act Sunt and Contract Tintc, or otherwise reach agrec- ment upon the adjustments, such agreement shall he effective inurtediatcly and shall be recorded by preparation and execu- tion of -ill :appropriate Change Order. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONS FRUCTION - FOURTFENTH EDITION AIA'' - `, 1987 TIIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHING"I'ON, D, C. 2(XX)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall he effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized- adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not he postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term ''day'' as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are Of the essence of the Contract. By executing the Agreement the Con- tractor confirms than the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date Of insurance rcquirecl by Article I l to be furnished by the Contractor. The date of commencement of the Work shall not he changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five clays or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an acct or neglect of the Oivner or Architect, Or of an employee of either, or of a separate contractor employed by the (honer, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, Ona VOidable casualties or other causes beyond the Contractor's control, or by dclav authorized by the (honer pending arbitration, or by other causes vyhich the Architect determines may justify delay, then the Contract "Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 (hints relating to time shall be made in accordance iyith applicaahlc provisions Of Pactgraph 1.3. 8.3.3 '('his Paragraph H.3 docs not preclude rCCOyery Of daun- agcs for delay by either party under Other provisions of the Contract Docuntc•nts. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule Of values allocated to various portions of the Work, prepared in Such form and sup- ported by such data to suhstantiate its accuracy_ as the Architect may require This schedule, unless objected to by the Architect, shall be used as a hasis for reviewing the Contractor's Applica- tions for Pavment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an iternized Application for Pavment for operations completed in accordance cyith the schedule Of i:alueS. Such application shall he notarized, if rcquircd. and supported by such data substantiating the Contractors right to pan merit as the Owner Or Architect man• require, such ars copies of requisitions from Subcontractors and maueriaal suppliers, and reflecting rel ainage if provided for else�,yhere in the Contract DOCunlemS. 9.3.1.1 Such applications may include rcqucsts for payment oat account Of changes in the Work which have been properly authorized by CtanSlruCtlUn Change Directives but nut yet included in Change Orders. 9.3.1.2 Such :applications may nut include requests for pay- ment of amounts the Contractor docs not intend to pan' to a SUI)COnlraactor or material supplier bCGRINC of a dispute or other reason. 9.3.2 Unless othcrNyisc proyOcd in the Contract Documents, Payments shall be made on account of materials and equipment delivered and suitably stored at the site for suhscquent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in -,yriting. Payment for materials and equipment stored on or off the site shall he conditioned upon compliance by the Contractor iyith procedures satisfactory to the O%yner to establish the O\\ tier's title to such materials :and equipment or other\\ise protect the Owner's interest, and shall include applicable insurance, stoiaage and transportation to the site for such materials a ncl equipment stored off the site. 9.3.3 The Contractor warrants that title to all WOrk covered by an Application for Payment iyill pass to the Owner no later than the time of payment. The Contractor further warrants that upon subntiltAl of an Application for Payment all WOrk fOr which Certificates for Payment have been prcyiuusly issued and payments rcceivc•el from the OR'nel'shall, to the hest Of the Contractor's knowledge, information and liclicf, he Irec and clear Of, liens. claims, security interests or encumbrances in Fnor of the Contractor, Subcontractors, material suppliers, Or Otic" persons or entities making a cLtint by reason Of ban ing prOyidccl lAbor, materials auul cquipntc•nt relating to the V ork. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven clays after receipt Of the COnt'aacu)rs Application for Payment, either issue to the AIA DOCUMENT A201 - GENERAL CONDITIONS OF THCONTRACT' FOR CONSTRUCTION - FOt'KT FENTfI FUITION 16 A201-1987 AIA ' - 19871 HE AMERICAN INSTI'I TE OF ARCEIITE AS. I—i5 NIAX YORK AVENUE, N W., WASHINGTON,) C 200(K, 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- tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Pavment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods. techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor h:ts used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unahle to certify payment in the amount of the Application, the Architect %gill notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of Stthsequcntly discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted fir the unpaid b:llance of the Contract Sum; .5 damage to the Owner or another contractor: .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid bal:uuCe would not be adequate to cover actual Or liquid:ucd damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance Nyith the Contract Documents. • 9.5.2 When the above reasons fir withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Pavment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise he required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6?. 9.6.3 and 9.6.=1. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Omer shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 Whcn the Contractor considers that the Work, or a por- tion thereof which the (honer agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect it comprehensive list of items to he completed or corrected. Tile Contractor shall proceed promptly to com- plete and correct items on the list. failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. I'pon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • F'OUR1'EENTH EDITION AIA � • ', 1987 THF: AMERICAN INSTITt'TE OFARCHITECTS, 1735 NEW YORK AyENUE, N.W., WASHINGTON. D.C. 2(HM WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 17 nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owncr and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within -which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be suh- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reticcting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 1 1.3.1 1 and authorized by public authorities having jurisdiction over the Work. Such Partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the O,yncr, Contractor and Architect shall jointly inspeci the area to be occupied or portion of.the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Pavment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for nvhich the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. (3) a nvrltten statement that the Contractor knows of no substantial reason that the insurance will not he renewable to cover the period required by the Contract Documents, (-t) consent of surety. if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and -waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may he designated by the Owner. If a Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to incicnlnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner nla v be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shat, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work hall• completed and accepted. If the remaining balance for Work not fully Com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance ,tile for that por- tion of the Work fully completed and accepted shall be Submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claiAls. The making of final payment shall constitute a waiver of c laims by the O).yner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor. a Sul) - contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall he in addition to the waiver described in Subparagraph +.35. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT F'OR CONSTRUCTION - FOt RTEENTH EDITION 18 A201-1987 AIA - 1987 THE ASIERICAN INSTITUTE OF ARCHITECTS, 1735 NEVE' PORK AVENUE, N.W., WASHINGTON. D.0 'tNK16 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which ;irhitration has not been demanded, or by arbitration under Article -t. 10.1.3 The Contractor shall not be required pursuant to Article to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indeninity and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against ckiims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting Iron periormance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injur}' to or cicstruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for ,-hose acts the Owner may be liable, regardless of whether or not such claim. damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10. 1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for s;itcty of, and shall provide reasonahle protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may he affected thereby; .2 the Work and materials and equipment to he incorpo- rtect therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub -subcontrac- tors; ;and .3 other property at the site or adjacent thereto, such ;is u'ccs, shruhs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, rclo- ration or replacement in the course of construction. 0 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and law it orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in ,hole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts thev inav be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for -,vhose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractors obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies hovtully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by a ily of them, or by anyone for ,hose acts any of them inay be liable: .1 claims under workers' or workmen's compensation, disability benefit attd other similar cinployee benefit acts which are applicable to the Work to be performed; AIA DOCUMENT A201 • GENERAL CONDITIONS ()F 'IHE CONTRACT FOR CONS'1'IWCTION • FOURTEENTH EDITION AIA' • 198- THE AMERICAN INSTITG"I'F. OF ARCHITECTS, 1715 NEW TURK AVENI'E, N.W., WASHINGTON, D.C. L(XXX1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 19 .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or cliscase, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by :mother person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11. 1.2 The insurance required by Subparagraph 1 1.1.1 shall he written for not less than limits of liability specified in the Con- tract Uocuments or required by law°, whichever coverage is greater. Coverages, -whether written on an occurrence or clain)s-made basis, shall be maintained without interruption from (late of commencement of the Work until (late of final payment and termination of any coverage required to be main- tained after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall he filed with the Owner prior to commencement of the Work. "These Certificates and the insurance policies required by this Paragraph 1 1. 1 shall contain a provision that coverages affi)rdcci under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. It any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall he submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall he responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Ow ncr may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not he responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract DOCUIIIentS. 11.3 PROPERTY INSURANCE 11.3.1 1'nicss otherwise provided, the Owner shall purchase and maintain, in a company or companies law'f1111w authorized to do huffiness in the jurisdiction in which the Project is too ated, property insurance in the amount Of' the initial Con- tract ~11111 as -rll As suhscquent modifications thereto for thc• entire A ork at the site on a replacement cost basis without vol untan" lledtlC[ihICN. Such property insurance shall be n)ain I.uncd, u111C.SS othcrw ise providcd in the Contract Ducuments or otherwise agreed in cariting by all persons and entities who .,re' he•nchciauics of such insurance, until final patyment hn as bee nladc.IS provided in Paragraph 9. It) ur until nu person or entity 0 other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to he covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Work. 11.3.1.1 Property insurance shall he on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or da nlagc including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false - work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents, 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the aunount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor nnav then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub - subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. if the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs property attributable thereto. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Ow ncr or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such incre:L,�ed or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 unless otherwise provided in the Contract Docu- men[s, this property insurance shall cover portions of the Work stored off the site after written approval of the Owncr at the value established in the approval, and also portions of the Work in transit. 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain hailer and machincry insurance required by the Contract Documents or by law, -fiich shall spccificatlly cover such insured Objects during installation and until final aereptancc by the Ocaner; this insurance shall include interests Of the Owner, Contractor, Subcontractors and Sub - subcontractors in the %X'ork. and the Owner and Contractor shall he nauucd insureds. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's Option, nr.ty purchase and maintain such insurance as will insure the Owner against loss Of use of the Ow'ner's property duc to fire Or other hazards, however caused. The O-ner waives ;all rights of action against the Contractor for toss Of use ul the Owner's property, including consequential 1OSSCS due to fit(' or other hazards however caused. 11.3.4 If the Contractor requests in writing that insurance for risks Other than those clescribcd herein Or tit other special haz- ards he included in the property insurance policy, the Ow ncr Shall, if possible, include such insurance, and the cost thereof Shall be charged to the Contractor by appropriate Change ( )rder. AIA DOCUMENT A201 • GENERAL CONU['tIONS OF 'l llif CONTRACT FUR (ONSTRI'(:TION • F(WRTEEN'TH HATION 20 A201-1987 AIA" • 51 911' "1 HE AMERICAN INSTITUTE OF ARCHITE(A S. I-iS NE%X' YORK AVENUE. N.W., WASIIINGTON,1) C 2(9)4x, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub -subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-suhcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 1 1.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- cceds so received, which the Owner shall distribute in accor- (lancc with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall he covered by appropriate Change Order. a. 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for rhe Architect's observation and he replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or tailing to conform to the requircnlcnts of the Contract Documents, whether observed before or after Substantial Completion and w 1lcthcr or not fabricated, installed or conlplete(I. The Contractor shall hear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the architect's services and expenses male nccessary thercbv. 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTTRUCTION - FOURTEENTH EDITION AIA' - 1, 198- THEA (1ERICAN INSTITCTF.OFARCIIITECTS, 1735 NEW YORK AyENI'E, N.W., WASHINGTON, D.C. 2(HX)6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 21 for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed y-ith correction of such nonconforming Work within a reason- able titnc fixed by written notice from the Architect, the O,, ner min• remove it and store the salvahle materials or equipment at the Contractor's expense. If the Contractor does not pay costs Of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been home by the Con- tractor, including compensation for the Architects .services and cxpcnse:s made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sunt shall he reduced by the deficiency. If payments then or thereafter due the Contractor arc not sufficient to cover such amount, the Contractor shall pay the difference to the ()%%-tier. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other Obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may he sought to he enforced, nor to the time within which proceedings may he commenced to establish the Contractor's liability with respect to the Con- tractor s obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owncr prefers to accept Work yhich is not in accordance with the requirements of the Contact Documents, the (honer may do so instead of requiring its removal and cor- mction. in which case the Contract Sum \'ill he reduced as appropriate and e(luitahle. Such adjustment shall he effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall he governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively hind then - selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other parte in respect to covenants, agreements anti obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for y hich it ,vas intended, or if delivered at or sent by registered or cernhed mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thercundcr shall he in addition to and not a limitation of duties, obligations, rights and remedies othervvisc imposed or available by law. 13.4.2 No action or failure to act by the Owner. Architect or Contractor shall constitute a waiver of a right or dLlty afforded them under the Contract, not shall such action or faihire to act constitute approval of or acquiescence in as breach thereunder, except is may he specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by layxs. ordi- minces, rules, regulations or orders of public authorities h.nving jurisdiction shall be made at an appropriate time. l mess other- ,, ise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the O%yner, or with the appropriate public authority, and shall hear all related costs of tests, inspections and approvals. The contractor shall give the Architect tinicIv notice of \"hen and \'here tests and inspec- tions are to he made so the Architect stay ohscryc such proce- (lures. -['lie ()\vncr shall hca r costs of tests, inspections or approvals \\'Lich do not become requirements until alter bids are received or negotiations COnCILKIC-d. 13.5.2 If the• Architect, O\'tier or public authorities haying jurisdiction determine that portions of the Work require Addi- tional testing, inspection Or approval not included under auh- paragraph 13.i. 1, the Architect will, upon \'ritten ;wthorization front the O\ tier, instruct the Contractor to stake aurangcnu•nts Ior such additional testing, inspection or approval by :an entity arrcptal* to the ( hyper, :and the Contractor shall glyC [inch' notice to the Architect of when Mid %\ here tests and inspections are to he made so the Architect man• ohservc such procedures. AIA DOCUMENT A201 - GFNERAL CONDITIONS OF TIIF: ( ONTRA(aFOR( ONS'rRUC'I'ION - FO URTEENTFI FDITION 22 A201-1987 AIA' - 19H- Fit A\iERWAN INST[ FUTE OF ARCIIITF.(AN, I -3S NF\t' YORK A%ENCE. N.\'., \C'ASIIIN(,TON, D c 'lxxx, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall he made promptly to avoid unreasonable dclav in the Work. 13.6 INTEREST 13.6.1 P:nymcnts due and unpaid under the Contract Docu- ments shall hear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: 1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date Of Substan- tial Completion, any applicable statute of limitations Shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; 2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to act Occur- ring suhse(lucnt to the relevant date of Substantial COmplction and prior to issuance of the final Certifi- cate k)r Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall he deemed to have accrued ill any auul all events not later than the (late of issuance of the final Certificate f<)r Payment; an(.[ .3 After Final Certificate for Payment. As to acts or failures u) act occurring after the relevant (late of issu- ance of the final Certificate for Payment, any appli- cable st:uutc of limitations shall con llIMCC to run and Ally alleged cause of action shall be (Icenu•d to have accrued in any and all events not later than the date Of u)v act ur hilurc Io act by the ContActor pursuant to :11v (y:trr:utty provi(ted under Paragraph 3.5, the (late Of any (� trrcction of the Work or failure to correct the WOrk by the Contractor under Paragraph 13.2, or the date Of actual commission of any other act or failure It) perti)rm any duty or Obligation by the COntrtctor Or Ovyner, \yhichcvcr Occurs last. is ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification :is provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents: .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 1-+.3 consutute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365 -day period, cyhichcver is less; or .5 the owner has Lulcd to furnish to the Contractor promptly, upon the Contractors request, reasonable evidence as required b}- Subparagraph ?.?.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional (lays' written notice to the Owner and Architect, terminate the Contract and recover from the owner payment for Work executed and for proven loss with respect to materials, cquipnunt, tools, and construction equipment and machinery, ill(Alding reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of h0 clavas through no act or fault of the Contractor ora Subcontractor or their agents or employees or any other persons performing portions of the Work under contract v,iut the Contractor because the Owner has persistently failc(1 to fulfill the Owner's ohligAtions under the Contract Documents vvith respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional chys' written notice to the Owner anis the Architect, terminate the Contract .in([ recover from the Owner as provided in Suhpau agraph 1-4.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may tcrminatc the Contract if the Contractor: .1 persistently or rcpcatedl' IOLISCS or fails to Supply enough prOperh- skilled (vorkcrs or proper materials; .2 11tils to make payment to titlhCOmr;ICt >rS for materials ur Libor in accordance with the respective Agrrcnunts between the Contractor and the Suhcontr.tctOr<: .3 persistcntty disregards laoys, Ordinances, or rules, reg- ulations or orders Of :t public :tuthortty h:t(ing Juns- diction; or .4 othcnyisc is guilty Otsubstantial hICAll of"I pn)yision Of the Contract I)octn77enrs. 14.2.2 \Chen in\, Ot the ahoy c reasons exist. the ownCr, upon certification by the :Architect thatt sufficient cause czists to jus - AIA DOCUMENT A201 - GENERAL CONDI TIONS OF THE CON'TRACT FOR CONS IW(I]ON - FoCR-1 EENTH EDII ION AIA' - - 198-1 HE AMERICAN INS -1 ITUTE OFARCIIII"ECTS, 1'15 NEW YORK AyENI'E, KW., NXASIIIN(;TON, 1). C. _'oo(x) WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 24 A201-1987 AIA' • ©1957 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. 3/87 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Changes ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall inslude all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations. (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual - including specified provision for the Contractor's obligations under Paragragh 4.18. (5) Owned, non -owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $100,000. .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 shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. RESTROOM FACILITIES H - 1 d. Property Damage Liability Insurance shall include Coverage fot the following hazards: C (collapse), U (underground) e. Contractual Liability (Hold Harmless Coverage): (1) Bodily Injury: $ 1,000,000 Each Occurance (2) Property Damage: $250,000 Each Occurance $250,000 Aggregate. f. Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate .3 Comperhensive Automobile Liability (owned, non -owned, hired): a. Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $250,000 Each Occurance ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION RESTROOM FACILITIES H - 2 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Contractor) (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ M for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated (Here insert full name, address and description of project) 19 in accordance with Drawings and Specifications prepared by , entered into a contract with Owner for (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 • PERFOR..NIANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 19-0 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this (Witness) day of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. 19 pnnciO,11) �SeaU iTitle) (Surely) lscail (Wilness) (Tide) AIA DOCUMENT A311 • PERrORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA rEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. MM 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and 13 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 as Principal, hereinafter called Principal, and, (Here insert full name and address or legal tale of Contractor) (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 (Here insert full name, address and description of project) W" in accordance with Drawings and Specifications prepared by , entered into a contract with Owner for (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. copyright laws and 18 subject to legal prosecution. LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this (Witness) day of accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified maili postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. (Principal) (Titl(,) (5urety) 19 (Seal) (Witness) ' y (Title) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA ® 4 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 17.15 N.Y. AVE., N.W., WASHINGTON, D. C. 2(X)06 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 0 SECTION J FOR0, OF IAA I N-1E1•:At`C: ECC' ND KNOW ALL I,4EN BY THESE PRESENTS: That We, (hereinafter tolled the Principal) as Princip:l cnd the , c Corporation with on office and ,place of business for the Siate of 1 -Jew Fork ct , Nev., Yorl:, (hereinafter called the Surety) as Surety, ore held and Firmly bcund unto the (hereinafter coiled the Obliceej as Obligee in the sum of (S ).DOLLARS, lav:ful Honey of t, e United States of Americo, for the payment whereof the Principal and Surety bind themselves, their successors and e<_sions, jointly and severally, firmly by these Presents. for Sicned, sealed and dated this day of , 19 Vr��" .^,S, she Principal heretofore entered into o v.ritien contract with the Oblige: W WFIEREAS, said C.ontroct provides that the Principal shall cuorantee NOW, THEREFORE, the condition of ;his obligation is such, that if the above Prin— cipal sholl indemnify the Obligee against loss by reason of his failure to make good at his own expense any defects or deficiencies.in materials or workmanship which may appear in the work under said contract with the period of -year (s) from the dote of acceptance of the work, then this obligation snal I b-- void; of envise to remain in full force and effect. Principal BY: BY: RESTROOM FACILITIES J — 1 SECTION K GENERAL RELEASE (To Be Submitted With Requisition For Final Payment) KNOW ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: Owner/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,extents, executions, claims and demands whatsoever in law and equity, which against the said (Owner/Contracting Agency) and JAMES A RICHTER, R.A. now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the const- ruction, in accordance with contract entered into between parties hereto, dated , ninteen hundred and ninty and any admittance or supplements thereto. IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporated seal to be hereto affixed and duly attested by its this day of 19 Attest: Principal: RESTROOM FACILITIES K - 1 PREVAILING WAGE RATES WAGE DETERMINATION for RESTROOM FACILITIES at TO I BEACH COUNTY RTE. 48 SOUTHOLD, NEW YORK 11971 ATTACHED TO THIS PAGE ( 0 RESTROOM FACILITIES L - 1 y • STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK •a STATE OFFICE BUILDING CAMPUS L1 ALBANY, NY 12240 Schedule Type -COMPLETE 9B Date 03/17/92 Refer to: PREVAILING RATE CASE NO. T/0 SOUTHOLD PRC 9201817 SUFFOLK COUNTY 01 to: JAMES MCMAHON Location and Type of Project TOWN HALL PROJECT ID #: NONE MAIN ROAD TOWN BEACH PROJECT REBUILD RESTROOM FACILITY SOUTHOLD NY 11971 AT TOWN BEACH 7/0 SOUTHOLD In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW -16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. The attached rates are based on the latest information available to the Department of Labor, Bureau of Public Work. Care should be taken to review the rates for obvious errors. It is the responsiblility of the Public Work contractor to use the proper rate. Any corrections should be brought to the Department's attention immediately. This schedule is applicable only from July 1, 1991 through June 30, 1992, unless otherwise noted. If your project goes beyond the period covered by this determination, a new determination should be requested when this schedule expires. Note: A 1983 AMENDMENT TO SECTION 220 OF THE LABOR LAW REQUIRES THE PRESERVATION OF ORIGINAL OR TRANSCRIPTS OF PAYROLL RECORDS FOR THREE YEARS FROM THE DATE OF COMPLETION OF THE WORK IN THE AWARDED CONTRACT. Very truly yours, CHET RYSEDORPH, DIRECTOR NOTICE TO CONTRACTING AGENCIES : Upon cancellation or completion of this project, enter the necessary information and return this page to the ALBANY OFFICE of the BUREAU at the address listed below: PROJECT HAS BEEN Date Completed Date Cancelled Date Postponed Until Signature_ Title Contracting Agency For Additional Information, contact the following District Offices: St.Off.Bldg.#12, Campus, Albany N.Y.12240 65 Court St.,Buffalo N.Y.14202 155 Main Street West, Rochester N.Y.14614 30 Wall St.,Binghamton N.Y.13901 175 Fulton Ave., Hempstead N.Y.11550 333 East Washington St.,Syracuse N.Y.13202 207 Genesee St., Utica N.Y.13501 30 Glenn St.,White Plains N.Y.10603 PW -200 (6-85) docm: letterla 0 CONTRACT REOUIREMEN* Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission appointed pursuant to law is a party and which may'involve the employment of laborers, workers or mechanics, shall comply with the requirements of Article 8 (Sections 220-223) of the New York State Labor Law: No laborer, worker or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by. the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. (See Section 220.2) Each laborer, worker or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages as indicated on the wage schedule provided by the Department, Bureau of Public Work. The prevailing rate of wage shall be annually determined no later than thirty days prior to July first of each year. The prevailing rate of wage for the period commencing July first of such year through June thirtieth, inclusive, of the following year shall be the rate of wage set forth in collective bargaining agreements for the same period, including those increases for such period which are directly ascer- tainable from such collective bargaining agreements. (See Sections 220.3, 220.5) It shall be the duty of the department of jurisdiction to file with the fiscal officer, the classification of workers, mechanics and laborers to be employed on a public work project, together with a statement of the work to be performed by each classification. (See Section 220.3-a) The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of all wage rates and supplements to be paid or provided for the various classes of mechanics, workers or laborers. (See Section 220.3-a) No employee shall be deemed to be an apprentice unless individually registered in a program registered with the New York State Department of Labor. The allowable ratio of apprentices to journey -level workers in any craft classification shall not be greater than the ratio permitted to the contractor as to its work force on any job under the registered program. Any employee who is not registered as above, shall be paid or provided the prevailing wage and supplement rate for the journey -level classification of work actually performed. The contractor or sub- contractor will be required to furnish written evidence of registration of its program and apprentices as well as of the appropriate ratios and wage and supple- ment rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) (a) No contractor, subcontractor, nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. (See Section 220-e(a)) (b) No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex or national origin. (See Section 220- e(b)) NOTE: The Human Rights Law also prohibits discrimination in employment because of age, marital status or religion. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of fifty dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract. (See Section 220-e(c)) (d) The contract may be cancelled or terminated by the State or municipality, and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of the anti- discrimination sections of the contract. (See Section 220-e(d)) (a) All contractors or their subcontractors shall provide to their sub- contractors a copy of the prevailing wage rate schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8 of the Labor Law. (See Section 220-a) (b) All subcontractors engaged by a public improvement contractor or its subcontractor, upon receipt of the original schedule and any sub- sequently issued schedules, shall provide to such contractor or sub- contractor a verified statement attesting that the subcontractor has received the wage schedule and will pay or provide the applicable rate of wages and supplements specified therein. (See Section 220-a) PW -3 (12-88). ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK PROJECTS IN NEW YORK STATE V If INTRODUCTION: Below are the major provisions of the Labor Law covering workers on public work projects. HOURS: A laborer, worker or mechanic is permitted to work on a public work project no more than eight hours a day and no more than five days in a week, except in case of extraordinary emergency such as fire, flood or danger to life or property. You may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project. WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work project shall be not less than those listed in the current prevailing rate schedule for the locality where the work is performed. If a prevailing rate schedule for the project has not been provided to the prime contractor by the department of jurisdiction (i.e.,the governmental entity awarding the public work contract), or to a subcontractor by the prime contractor, the applicable schedule must be obtained from the Department of Jurisdiction, who must make written application to the Bureau of Public Work, Labor Department, Building No. 12, State Office Building Campus, Albany, New York 12240. The prime contractor is responsible for any underpayments of prevailing wages or supplements by its subcontractors. PAYROLL RECORDS: Every contractor and subcontractor must keep originals or transcripts of payroll records, showing for each person employed on public work, the following: 1.Name, 2.Address and phone number, 3.Social Security number, 4.Occupational classifications in which worked, S.Hourly wage rate paid, 6.Supplements provided, 7.Daily and weekly number of hours worked in each classification, B.Deductions made, 9. Actual wages paid. When payroll records are requested by the Commissioner each payroll record must be affirmed as true under the penalties of perjury which means a notarized signature to that effect. Such records must be kept on the site of the work when the contractor or subcontractor does not maintain a regular place of business in New York State and the amount of the contract exceeds $25,000. All other contractors and subcontractors must within five days after request produce at the work site the orignal payrolls or transcripts. The original payrolls or transcripts must be preserved for three years from the date of completion of the project. POSTING: The current prevailing rate schedule must be posted in a prominent and accessible place on the site of the public work project. PW19 (9-88)... (Continued) NOTICE of NEW PREVAILING WAGE RATE PUBLICATIONS Ic APPLICABLE TO ALL COUNTIES ( • ) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. The annual determination of the prevailing rates of wages and supplements for workers employed on public work projects throughout the state will be published on May 31st of each year. These new rates will be in effect July 1st thru June 30th. This new determination will supersede the original schedule or any prior issued annual determination It is the responsibility of the contracting agency or its agent to provide all prevailing rate schedules to contractors immediately upon receipt. Any rate change from a previously issued determination becomes effective July 1st, regardless of whether the new determination has been received by the contractor. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates that additional adjustments become effective. PW -202 (5-90) docm: letterd a VERIFYING THE REGISTRATION OF APPRENTICES Certain State and Federal Laws require that apprentices must be individually registered as such in order to be paid apprenticeship rates on Public Work. The New York State Labor Department is the official registration agency for apprentices in New York State. No other Federal or State Agency or office registers apprentices in New York State. Each year the apprentice training central office in Albany receives hundreds of requests from Federal and State Agencies, Contractors, and other interested parties requesting verification of individual apprentice registrations. The following information is provided in order to clarify New York State procedures. All registered apprentices in New York State are individually registered by name, address, social security number, starting date of training, and other related data. This information is computerized and is available ONLY through the Albany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, Job Service and Training Division, Building 12, Room 223, State Office Building Campus, Albany, New York 12240. All inquiries MUST include name and social security number and will be answered in writing. The response will indicate whether or not the individual is registered, and if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices outside Albany can provide conslusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any individual is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards or copies of state forms are not conclusive proof of the registration of any individual as an apprentice. PW - 203 (4-86) docm: letter2e State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NO* PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 1 PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the interpretaation of particular requirements, for each classification of worker, contained in the attached Schedule of Prevailing Rates. Paid Holidays Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. Holiday Pay Holiday pay is the premium pay that is required for work performed on the holidays contained in the negotiated agreement used to establish a prevailing rate. Holiday pay is only applicable where an employee actually performs work on such days. The required rate of pay for covered holidays can be found in the Overtime Pay section listed for each classification. Not all of The holidays on which, if worked, a premium rate of pay is required are listed in the attached schedule. If you have any questions or need additional information concerning this requirement, please contact the Bureau of Public Work at the number listed below. Suoolemental Benefi Particular attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some classifications require the payment or provision of supplements for each hour paid (this may include paid holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. Effective Dates When you review the schedule for a particular trade or occupation, your attention should be directed to the dates above the column(s) of rates. These are the dates that any adjustments become effective. However, if the last date listed in a particular occupation is prior to June 30 of the current year, the rate listed for that time period is valid until the new annual determination takes effect on July 1 of that year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements and, if the department of jurisdiction does not provide a copy of the current annual determination on or before July 1, you should contact the Bureau of Public Work for the correct information. Shift Differential Where listed, a shift differential requires additional or premium pay for all work performed after the first shift in each 24 hour period. If you have any questions concerning the attached schedule or would like additional information, please contact the BUREAU of PUBLIC WORK at (518) 457-5589 or write to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC WORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEW YORK 12240. (7/01/91) • State of New York Department of Labor PREVAILING RATE SCHEA ( ' )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 2 OVERTIME Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the OVERTIME section. ( A ) Time and one half of the hourly rate after 7 hours per day. ( AA ) Time and one half of the hourly rate after 7 and one half hours per day. ( B ) Time and one half of the hourly rate after 8 hours per day. ( B1) Time and one half of the hourly rate for the 9th. & 10th. hours Week days and the 1st. 8 hours on Saturday. Double the hourly rate for all additional hours. ( C ) Double the hourly rate after 7 hours per day. ( CC) Double the hourly rate after 7 and one half hours per day. ( Cl) Double the hourly rate after 7 and one half hours per day. ( D ) Double the hourly rate after 8 hours per day. ( D1) Double the hourly rate after 9 hours per day. ( E ) Time and one half of the hourly rate on Saturday. ( E1) Time and one half 1st 4 hours on Saturday double the hourly rate all additional Saturday hours. ( E2) Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather. ( E3) Between Nov. 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that weekdue to inclement weather, provided a given employee has worked between 16 and 32 hours that week. ( E4) Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather ( F ) Time and one half of the hourly rate on Saturday and Sunday. ( G ) Time and one half of the hourly rate on Saturday and Holidays. ( H ) Time and one half of the hourly rate on Saturday, Sunday and Holidays. ( I ) Time and one half of the hourly rate on Sunday. ( J ) Time and one half of the hourly rate on Sunday and Holidays. ( K ) Time and one half of the hourly rate on Holidays. ( L ) Double the hourly rate on Saturday. ( M ) Double the hourly rate on Saturday and Sunday. ( N ) Double the hourly rate on Saturday and Holidays. ( 0 ) Double the hourly rate on Saturday, Sunday and Holidays. ( P ) Double the hourly rate on Sunday. ( Q ) Double the hourly rate on Sunday and Holidays. ( R ) Double the hourly rate on Holidays. ( S ) Two and one half times the hourly rate for Holidays, if worked. ( T ) Triple the hourly rate for Holidays, if worked. ( U ) Four times the hourly rate for Holidays, if worked. ( V ) Incluing benefits at SAME PREMIUM as shown for overtime. ( W ) Time and one half for benefit on all overtime hours. NOTE: BENEFITS are PER HOUR WORKED, for each hour worked, unless otherwise noted HOLIDAYS Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally classified. 1 ) None. 2 ) Labor Day. 3 ) Memorial Day and Labor Day. 4 ) Memorial Day and July 4th. 5 ) Memorial Day, July 4th and Labor Day. 6 ) New Years Day, Thanksgiving Day and Christmas Day. 7 ) Lincoln's Birthday, Washington's Birthday and Veterans Day. 8 ) Good Friday. 9 ) Lincoln's Birthday. 10 ) Washington's Birthday. 11 ) Columbus Day. 12 ) Election Day. 13 ) Presidential Election Day. 14 ) 1/2 Day on Presidential Election Day. 15 ) Veteran's Day. 16 ) Day after Thanksgiving Day. 17 ) July 4th. 18 ) 1/2 Day before Christmas Day. 19 ) 1/2 Day before New Years Day. 20 ) Thanksgiving Day. 21 ) New Years Day. 22 ) Christmas Day. 23 ) Day before Christmas. 24 ) Day before New Years Day. 25 ) Presidents Day. 26 ) Martin Luther King, Jr. Day. (7/01/91) OVERTIME and HOLIDAY REQUIREMENTS State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See N0* PAGE ATTACHED Case Number Bureau of Public Work 9201817 1/01/91- 9b-7/01/91 thru 6/30/92 1/01/92- Published -02/20/92 SUFFOLK COUNTY 6/30/91 Page 3 ASBESTOS WORKER WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92 6/30/91 12/31/91 6/30/92 12/31/92 Asbestos Worker ............. $ 25.97 Additional Additional Additional OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEF :(per hour worked) Health/welfare..... .T. 3.19 1.00 1.25 1.50 Pension ............... 2.16 per per per Annuity ............... 5.25 hour hour hour Vacation .............. 3.05 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-12 WAGES(per hour) 6/01/90- 5/31/91 Asbestos Worker Removal 8 Abatement Only..... $ 21.66 OVERTIME PAY: See (B,E,G ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS :(per hour worked) Health/welfare .... ... .$ 2.00 Annuity ............... 2.20 Training .............. .50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-201nyc+ BOILERMAKER WAGES(per hour) 9/01/90- 9/01/91- 9/01/92- 8/31/91 8/31/92 8/31/93 Boilermaker.......... $ 27.30 28.50 30.00 OVERTIME PAY: New Work See ( C,O ) on OVERTIME PAGE attached. OVERTIME PAY: Repair Work See (B4O) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 8,16,23,24) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th. 5th. 6th. 7th. 8th, 60% 65% 70% 75% 80% 85% 90% 95% SUPPLEMENTAL BENEFITS -(per hour worked) Health/welfare........$ 2.25 2.25 2.25 Pension ............... 16% 16% 17% Apprentice Training... .15 .15 15 Vacation .............. 12% 13% 15% Annuity ............... 15% 15% 15% Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-5 Building: Draper ............... $ 14.26 OVERTIME PAY: See ( A, E, P, S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5,6,9,10,11,12) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 1.46 Pension ............... 6 % PREVAILING RATE SCHE* ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor 7/01/91- Public Work 6/30/91 9201817 6/30/93 Building: 9b-7/01/91 thru 6/30/92 Millwright........... 21.79 22.79 Published -02/20%92 OVERTIME PAY: See ( C, 0 ) on OVERTIME SUFFOLK COUNTY PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. Page 4 CARPENTER to Journeymen ( 1 - 7 ) WAGES(per hour) 9/01/86- 1st. 2nd. 3rd. 4th. 8/30/87 55% 65% 75% Building: Draper ............... $ 14.26 OVERTIME PAY: See ( A, E, P, S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5,6,9,10,11,12) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 1.46 Pension ............... 6 % Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-44D WAGES(per hour) ------------------------------ 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Building: Millwright........... 21.79 22.79 23.79 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 55% 65% 75% 95% SUPPLEMENTAL B PP EMENTA ENEFITS:(per hour worked) Health/Welfare....... 4.04 4.98 5.77 Pension ............... 3.09 3.09 3.09 Annuity ............... 4.87 4.94 5.00 Apprentice Training... .30 .35 .50 Scholarship........... .04 .04 .04 Vacation .............. 3.47 3.54 3.67 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-740 WAGES(per hour) ------------------------------ 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Piledriver........... 24.66 25.66 26.66 Dockbuilder.......... 24.66 25.66 26.66 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked - See below. B-1456 PREVAILING RATE SCHEDULE ( )See NO*E PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 5 Carpenter (cont) WAGES(per hour) 7/01/90- 7/01/91- 7/01/92 6/30/91 6/30/92 6/30/93 Marine Construction: Marine Diver ......... $ 29.49 30.77 32.05 " Tender.... 22.73 23.62 24.51 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1456/D ------------------------------ WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Timberman .........$ 22.82 23.72 24.62 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd, 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1536h ------------------------------ The following Supplemental Benefits apply to the preceding Carpenter categories and/or occupational titles unless otherwise noted. SUPPLEMENTAL BENEFITS:(per hour worked) for ALL Categories Except Apprentices Health/Welfare ........ $ 4.04 4.98 5.77 Pension ............... 3.09 3.09 3.09 Annuity ............... 1.85 1.90 2.00 Apprentice Training... .30 .35 .50 Vacation .............. 2.10 2.10 2.10 Scholarship.......... .04 .04 .04 SUPPLEMENTAL BENEFITS:(per hour worked) for Apprentices Health/Welfare ........ $ 4.04 4.98 5.77 Pension ............... 1.55 1.55 1.55 Annuity ............... .93 .95 1.00 Apprentice Training... .30 .35 .50 Vacation .............. 1.05 1.05 1.05 Scholarship........... .04 .04 .04 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-nyc/supp 0 PREVAILING RATE SCHED10 ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 6 Carpenter (cont.) WAG S(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Building: Carpenter............ $ 24.00 24.84 Additional 2.00 per hr Heavy/Highway: Carpenter............ $ 24.05 24.89 OVERTIME PAY: See ( A, G ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 55% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 4.23.4.23 4.74'4.74 Pension ............... 2.23.1.12 2.64.1.32 Apprentice Training... .28• .14 .36• .18 Vacation .............. 1.90' .95 1.90' .95 Annuity ............... 2.10.1.05 2.26.1.13 Scholarship Fund...... .01• .005 .01' .005 Listed supplements apply to ALL classifications ( )Yes ( x )No. (')1st 8 2nd term Appr. Benefits in second column, all others full benefits. 4-SUF ELEVATOR V) on OVERTIME PAGE attached. WAGES (per hour) 7/01/91- 7/01/92- 6/30/92 6/30/93 Elevator Constructor ... $ 26.58 27.77 " Helper over 600 hrs. 19.935 20.83 " up to 600 hrs. 13.29 13.885 Elev. (Modernization).. 23.21 24.21 " Helper over 600 hrs. 17.41 18.16 " up to 600 hrs. 13.29 13.885 OVERTIME PAY:CONSTR.See ( C,M,T ) on OVERTIME PAGE attached. OVERTIME PAY:MODERN.See ( B,F,S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (5,6,7,11,12) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Construction Modernization Health/Welfare ........ $ 3.495.3.495 3.845.3.845 Pension ............... 2.09 '2.09 2.19 •2.19 Education............ .085' .085 .085` .085 Annuity -Construction.. 2.40 •2.40 2.65 '2.65 Annuity -Modernization. 2.25 •2.25 2.50 "2.50 Vacation .............. 4% ' 4% 4% 4% Listed supplements apply to ALL classifications ( )Yes ( x )No. (*)"Helper" supplements appear in second column. 8-1 GLAZIER WAGES(per hour) 7/01/90- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Glazier .............. $ 22.60 Additional Additional Additional OVERTIME PAY: See ( C, 0, V) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare ........ $ 2.48 1.10 1.10 1.10 Pension ............... 1.56 per per per Apprentice Training... .13 hour hour hour Vacation .............. 2.50 Annuity............... 5.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-1087 State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NOIPE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 7 ELECTRICIAN WAGES(per hour) 5/01/91- 5/01/92- 4/30/92 4/30/93 Electrician.......... $ 28.00 29.35 Audio/Sound.......... 28.00 29.35 Fire/Intruder Alarm.. 28.00 29.35 OVERTIME PAY: See Following Note' plus ( O ) on OVERTIME PAGE attached. Note': 8th, 9th 8 10th hrs of wk weekdays to be paid at 1 1/2 times straight time rate PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: 1st yr Appr to other Apprentices to Journeymen (0-1-1) (1-1-1) (1-1-2) (1-1-3) (1-2-4) (2-2-4) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 30% 35% 40% 50% 60% 70% SUPPLEMENTAL BENEFITS:(percents based on gross wages -others per hour) Health/welfare........$ 4.53'Note 5.09'Note Pension ............... 2.10'Note' 2.20'Note Suppl.Unemploy.Benefit .25' .25 .25' .25 Apprentice Training... .12' .12 .12' .12 Annuity .............. 3.22'Note 3.38'Note Benefit Fund.......... .84'Note .88'Note Vacation ............. 2.66'Note 2.79'Note Listed supplements apply to ALL classifications ( )Yes ( x )No. Apprentice suppplemebts appear in second column. Note- Appr Ben.- Term- 1st 2nd 3rd 4th 5th 6th H/W 91/92 2.18 2.35 2.51 2.85 3.19 3.52 92/93 2.63 2.80 2.98 3.33 3.68 4.04 Pen 91/92 .63 .74 .84 1.05 1.26 1.47 92/93 .66 .77 .88 1.10 1.32 1.54 Ann 91/92 .97 1.13 1.29 1.61 1.93 2.25 92/93 1.01 1.18 1.35 1.69 2.02 2.37 Ben 91/92 .25 .29 .34 .42 .50 .59 92/93 .26 .31 .35 .44 .53 .62 Vac 91/92 .80 .93 1.06 1.33 1.60 1.86 92/93 .84 .98 1.12 1.39 1.67 1.95 4-25 • State of New York Department of Labor PREVAILING RATE SCHED9 Case Number Bureau of Public Work 9b-7/01/91 thru 6/30/92 Published -02/20/92 ( • )See NOTICE PAGE ATTACHED 9201817 SUFFOLK COUNTY ELECTRICIAN (cont) WAGES(per hour) 5/01/91- 5/01/92- 4/30/92 4/30/93 Page 8 Lineman .............. $ 28.00 29.35 Technician........... 28.00 29.35 Heavy Equip. Oper.... 28.00 29.35 Truck Driver......... 28.00 29.35 Groundman............ 28.00 29.35 OVERTIME PAY: See Following Note* plus ( 0 ) on OVERTIME PAGE attached. Note': 8th, 9th & 10th hrs of wk weekdays to be paid at 1 1/2 times straight time rate PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: 1st yr Appr to other Apprentices to Journeymen (0-1-1) (1-1-1) (1-1-2) (1-1-3) (1-2-4) (2-2-4) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 30% 35% 40% 50% 60% 70% SUPPLEMENTAL BENEFITS:(percents based on gross wages -others per hour) Health/welfare....... .$ 4.53•Note 5.09•Note Pension ............... 2.10'Note' 2.20'Note Suppl.Unemploy.Benefit .25• .25 .25' .25 Apprentice Training... .12• .12 .12' .12 Annuity .............. 3.22•Note 3.38•Note Benefit Fund.......... .84•Note .88•Note Vacation ............. 2.66•Note 2.79'Note Listed supplements apply to ALL classifications ( )Yes ( x )No. Apprentice suppplemebts appear in second column. Note- Appr Ben.- Term- 1st 2nd 3rd 4th 5th 6th H/W 91/92 2.18 2.35 2.51 2.85 3.19 3.52 92/93 2.63 2.80 2.98 3.33 3.68 4.04 Pen 91/92 .63 .74 .84 1.05 1.26 1.47 92/93 .66 .77 .88 1.10 1.32 1.54 Ann 91/92 .97 1.13 1.29 1.61 1.93 2.25 92/93 1.01 1.18 1.35 1.69 2.02 2.37 Ben 91/92 .25 .29 .34 .42 .50 .59 92/93 .26 .31 .35 .44 .53 .62 Vac 91/92 .80 .93 1.06 1.33 1.60 1.86 92/93 .84 .98 1.12 1.39 1.67 1.95 4-251ine ------------------------------ Applicable to electrical maintenance of existing electrical systems including, but not limited to, traffic signals and street lighting. WAGES(per hour) 5/01/91- 4/30/92 Electrician 21.76 OVERTIME PAY: See ( B, G, P ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 2 - 2 ) ( 3 - 3 ) APPRENTICES: ( 1 ) year terms at the following Wage. 1st. 2nd. 3rd. 4th. 40% 50% 60% 80% SUPPLEMENTAL BENEFITS:( percent on gross wages earned) Health/Welfare ........ $ 9 1/2%+.75 Pension ............... 5 1/2% Annuity ............... 9% Vacation and Holidays. 6 1/2% Appr. Training......... 1/2% Listed supplements apply to ALL classifications ( X )Yes ( )No 4-25m State of New York Department of Labor a 0 PREVAILING RATE SCHEDULE Case Number Bureau of Public Work 9b-7/01/91 thru 6/30/92 Published -02/20/92 ( ' )See NOE PAGE ATTACHED 9201817 SUFFOLK COUNTY Page 9 TELEPHONE Rates below are for telephone work up to Point of Demarcation. Point of Demarcation is defined as the point of interconnection between customer provided equipment and telephone company provided facilities. WAGES(per hour) 8/07/88- / / Telephone System Technician/Cable Splicing Starting.......... 6.90 After 6 mos....... 7.59 ' 12 mos....... 8.33 " 18 mos....... 9.18 " 24 mos....... 10.09 " 30 mos....... 11.08 " 36 mos....... 12.20 " 42 mos....... 13.40 " 48 mos....... 14.74 " 54 mos....... 16.20 ' 60 mos....... 17.83 Cable Splicing Technician Helper Start ................. 5.08 After 6 mos.......... 6.68 " 12 mos.......... 7.33 " 18 mos.......... 8.06 " 24 mos.......... 8.85 " 30 mos.......... 9.74 " 36 mos.......... 10.71 ' 42 mos.......... 11.78 " 48 mos.......... 12.94 Service Technician Starting.......... 6.90 After 6 mos....... 7.58 " 12 mos....... 8.33 " 18 mos....... 9.15 " 24 mos....... 10.05 " 30 mos....... 11.05 " 36 mos....... 12.14 " 42 mos....... 13.35 " 48 mos....... 14.66 " 54 mos....... 16.13 " 60 mos....... 17.74 OVERTIME PAY: See ( ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( ) APPRENTICES: (None ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare ........ $ 10.0% Pension ............... 1.8% Savings/Security...... 1.8% Income Protect Fund... .4% Listed supplements apply to ALL classifications ( )Yes ( )No. nytele/ns • State of New York Department of Labor PREVAILING RATE SCHED* ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 10 TELEPHONE(cont) Rates listed below are for installation of customer provided telephone equipment from point of demarcation. WAGES(per hour) 5/27/90- 5/26/91- 5/25/91 Telephone System Technician Starting.......... 6.88 7.03 After 6 mos....... 7.61 7.77 " 12 mos....... 8.40 8.58 " 18 mos....... 9.28 9.48 " 24 mos....... 10.26 10.48 " 30 mos....... 11.32 11.58 " 36 mos....... 12.51 12.80 " 42 mos....... 13.82 14.13 " 48 mos....... 15.27 15.61 " 54 mos....... 16.87 17.25 60 mos....... 18.63 19.06 Technician Asst. Start ................. 6.38 6.52 After 6 mos.......... 7.01 7.16 " 12 mos.......... 7.70 7.86 " 18 mos.......... 8.45 8.63 " 24 mos.......... 9.27 9.48 " 30 mos.......... 10.18 10.41 Senior Technician Starting.......... 6.88 7.03 After 6 mos....... 7.65 7.81 " 12 mos....... 8.48 8.67 " 18 mos....... 9.42 9.62 " 24 mos....... 10.46 10.68 " 30 mos....... 11.61 11.86 " 36 mos....... 12.88 13.17 " 42 mos....... 14.31 14.62 " 48 mos....... 15.88 16.23 " 54 mos....... 17.63 18.02 " 60 mos....... 19.57 20.00 Services Technician Start ................. 6.88 7.03 After 6 mos.......... 7.61 7.77 " 12 mos.......... 8.40 8.58 18 mos.......... 9.28 9.48 " 24 mos.......... 10.26 10.48 30 mos.......... 11.32 11.58 " 36 mos.......... 12.51 12.80 " 42 mos.......... 13.82 14.13 " 48 mos.......... 15.27 15.61 " 54 mos.......... 16.21 16.57 OVERTIME PAY: See (B,I,S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5,6,16 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/welfare ........ $ 10%`Note 10%'Note Pension ............... 4.8%'Note 4.8%'Note Training .............. 4.5%'Note 4.5%Note Listed supplements apply to ALL classifications ( )Yes ( X )No. 'Note- Listed Benefits are for Full Time 8 Part Time Employees working 25 or more hours per week. Other Part Time Employee benefits are as follows. 0-16 hrs.- H/W- 0; Pen.- 4.8%; Training- 4.5% 17-24 hrs.- H/W- 5%; Pen, 4.8%; Training- 4.5% att/ + State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NOQE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 11 IRONWORKER WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 6/30/93 Structural........... $ 22.50 Additional Additional Additional Riggers .............. 22.50 1.20 1.20 2.45 Machinery Movers...... 22.50 per per per " Erectors.... 22.50 hour hour hour OVERTIME PAY: See ( B, E. 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 12.09 12.69 12.69 13.30 13.30 13.30 SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........ $ 3.90.3.90 Pension ............... 3.50.3.50 Apprentice Training... .18' .18 Vacation .............. 5.85.3.70 Annuity ............... 5.00'2.50 Benefit Fund.......... 4.00.2.65 Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Apprentice supplements appear in ------------------------------ second column. 8 -40/361 WAG S(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Reinforcing.......... 22.95 Additional Additional OVERTIME PAY: See ( C, 0, 'V ) on OVERTIME PAGE attached. 'V applies to Annuity 8 Vacation Only. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd, 50% 75% 85% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.81'3.81 1.90 2.05 Pension ............... 1.95.1.95 per per Apprentice Training... .OB' .08 hour hour Vacation .............. 2.50' note Annuity ............... 4.25• note Scholarship Fund...... .04' .04 Listed supplements apply to ALL classifications ( )Yes ( x )No. (') Apprentice supplements appear in second column. note- Apprentice Annuity 8 Vacation paid at same % of listed benefit as wage 8-46 ------------------------------ WAG S(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 6/30/93 Ornamental........... 22.00 Additional Additional Additional Chain Link Fence..... 22.00 1.05 per hr 1.00 per hr 2.00 per hr OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 4 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th. 6th. 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare....... 3.64 Pension ............... 3.19 Apprentice Training... .50 Vacation .............. 3.50 Annuity ............... 4.47 Benefit Fund.......... 1.10 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-580 State of New York Department of Labor PREVAILING RATE SCHEDIS ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 12 LABORER and Concrete. WAGES(per hour) - 7/01/91- WAGES(per hour) 7/01/90- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Building Laborer: 19.37 20.32 Group # 3 ............. 17.87 All Classifications ... $ 19.30 Additional Additional Additional OVERTIME PAY: See ( A,E,0 ) on OVERTIME PAGE attached. Health/Welfare ........ PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. 10% 10% SUPPLEMENTAL BENEFITS:(per hour worked) 1.00 1.00 Annuity ............... Health/Welfare ........ $ 2.78 .80 .80 .80 Pension ............... 2.83 per per per Vacation .............. 1.05 hour hour hour Annuity...............1.00 Legal ................. .15 Training .............. 1.00 Safety Fund........... .05 Listed supplements apply to ALL classifications ------------------------------ ( x )Yes ( )No. 4-66 Laborer(Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. Group # 2: Asphalt Shovelers and Tampers. Group # 3: Basic Laborer, Power Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. WAGES(per hour) - 7/01/91- 7/01-/92- 6/30/92 5/31/93 Heavy/Highway Laborer: Group # 1 ............. $ 19.83 20.80 Group # 2 ............. 19.37 20.32 Group # 3 ............. 17.87 18.73 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (2,4,6,7,11,12,26) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 15% 15% Pension ............... 10% 10% Vacation .............. 1.00 1.00 Annuity ............... 2.50 3.00 Listed supplements apply toLp L classifications ( x )Yes ( )No. 4-1298 PREVAILING RATE SCHEDULE ( )See NOE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 • Published -02/20/92 SUFFOLK COUNTY Page 13 LATHER WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Lather (Wood Wire & Reinforcing)... 22.95 Additional Additional OVERTIME PAY: See ( C, 0, V• ) on OVERTIME PAGE attached. *Annuity & Vacation Only PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 507 757 857 SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 3.81.3.81 1.90 2.05 Pension ............... 1.95.1.95 per per Apprentice Training... .081 .08 hour hour Vacation .............. 2.50• = 7 Wage Annuity ............... 4.25' = 7 wage Scholarship Fund...... .04• .04 Listed supplements apply to ALL classifications ( )Yes ( x )No. Apprentice supplements appear in second column. 8-46 0 State of New York Department of Labor PREVAILING RATE SCHEDIS ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20%92 SUFFOLK COUNTY Page 14 MASON/TILE/TERRAZZO WAGES(per hour) 6/01/91- 5/31/92 Building: Bricklayer............ $ 26.54 OVERTIME PAY: See ( A, E, t3, W ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 6 ) APPRENTICES: ( 750 hours) terms at the following percentage of Journeyman's wage. 1st 2nd. 3rd. 4th. 5th(500hr) 6th(500hr) 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ...... ..$ 3.77'3.77 Pension ............... 3.31.3.31 Annuity ............... 3.25.1.70 Listed supplements apply to ALL classifications ( )Yes ( X )No. ( ' ) Apprentice Benefits appear in second column 8-NYDC WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Cement Mason.......... 24.72 Additional Additional OVERTIME PAY: See ( C, 0, V) on OVERTIME PAGE attached PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 50% 60% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.75 1.97 1.97 Pension ............... 2.82 per per Apprentice Training... .09 hour hour Annuity ............... 4.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-780 WAGES(per hour) 7/05/90- 1/01/91- 7/01/91- 7/01/92- 12/31/90 6/30/91 6/30/92 6/30/93 Building: Plasterer ............. 21.10 Additional Additional Additional OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ' ALLOWABLE RATIO: Apprentice(s) to Journeymen ( ) ( ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 40% 50% 60% 60% 80% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.97'note 1.10 1.75 1.75 Annuity ............... 3.50'note per per per Apprentice Training... .01'note hour hour hour Vacation .............. 2.25'note Listed supplements apply to ALL classifications ( )Yes ( X )No. (') Apprentice supplements appear in second column. note: Apprentices receive same % of supplements as wage. 8-852 State of New York Department of Labor A PREVAILING RATE SCHEDULE ( )See NIOE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 15 Mason (cont) WA ES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Building: Mosaic & Terrazzo Worker.. 24.69 Additional Additional Additional " Helper.. 23.38 1.00 per hr .1.00 per hr 1.00 per hr. OVERTIME PAY: See ( C. 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.30 Pension ............... 4.85 Supp.Unemploy.Benefit. 1.00 Listed supplements apply to ALL classifications ( x )Yes ( )NO. 8-3 WA ES(per hour) 4/29/91- 10/28/91- 4/27/92- 4/28/93- 10/27/91 4/26/92 4/27/93 4/27/94 Building: Tile Setter........... 24.16 24.91 Additional Additional OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 3.68 - 3.68 1.75 2.00 Pension ............... 3.00 3.00 per per Vacation .............. 1.63 1.63 hour hour Annuity ............... 2.35 2.35 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-52 WA S(per hour) 6/03/91- 12/02/91- 5/04/92- 5/03/93- 12/01/91 5/03/92 5/02/93 5/02/94 Building: Tile Layer Helper & Finisher ....... $ 20.95 21.45 22.45 23.70 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........ $ 2.68 2.93 3.18 3.43 Pension ............... 1.50 1.50 1.50 1.50 Annuity ............... 3.50 3.50 3.50 3.50 Vacation .............. 1.69 1.69 1.69 1.69 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-88 State of New York Department of Labor PREVAILING RATE SCHED10 ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 16 Mason (cont.) WAGES(per hour) 7/01/89- 6/30/90 Cutting Cleaner(Mason) $ 20.83 Sandblasting(Mason)... 26.39 Pointer, Cleaner,& Caulker(Mason). 20.83 OVERTIME PAY: See ( A. 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 55% 70% 85% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ....... .$ 2.70.2.70 Pension ............... 3.13.3.13 Benefit Fund.......... 3.55•Note Education Fund......... .30• .30 Annuity ............... 2.25•Note Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Apprentice supplements appear in second column. *Note: Benefit Fund - 1st. yr. 1.95 ; 2nd. yr. 2.48; 3rd. yr. 3.02 Annuity Fund - " 1.245; 1.57; 1.91 4-66w WAGES(per hour) 1/01/86- 6/30/86 Stone Mason........... $ 21.50 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 2.75 Pension - -- Annuity ............... 3.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-33 WAGES(per hour) 1/01/87- 6/30/87 Stone Setter.......... $ 20.86 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 8th 50% 55% 60% 65% 70% 80% 90% 95% SUPPLEMENTAL SENEFITS:(per hour worked) Health/Welfare........$ 1.75 Pension ............... 2.00 Security Benefit...... .60 Apprentice Training... .10 Vacation .............. 2.00 Annuity ............... 4.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-84 PREVAILING RATE SCHEDULE ( )See NOME PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9201817 9b-7/01/91 thru 6/30/92 • Published -02/20/92 ' SUFFOLK COUNTY Page 17 Mason (cont..) WAGES(per hour) 1/01/91- 7/01/91- 1/01/92- 7/01/92- 6/30/91 12/31/91 6/30/92 12/31/92 Derrickman/Rigger.... $ 25.00 Additional Additional Additional 1.33 per hr 1.33 per hr 1.33 per hr OVERTIME PAY: See ( C. 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 50% 60% 70% 80% 90% 90% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 2.74 Pension............... 3.35 Apprentice Training... .10 Vacation..............3.50 Annuity............... 5.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-197 WAGES(per hour) 1/01/91- 6/30/91 Building: Marble Sawyer, Rubber 6 Polisher........... 25.08 OVERTIME PAY: See ( C. 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL DEN EFITS:(per hour worked) Health/Welfare........$ .96 Pension............... 1.58 Supp.Unemploy.Benefit. .25 Vacation.............. 3.25 Annuity............... 4.68 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-24 WAGES(per hour) 1/01/91- 6/30/91 Building: Marble Cutters 8 Setters............. 26.43 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(pr hour worked) Health/Welfare........$ 1.45 Pension............... 1.68 Supp.Unemploy.Benefit. .40 Annuity.............. 5.69 International Pension. .40 Vacation.............. 3.75 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-4 State of New York Department of Labor PREVAILING RATE SCHEDIIO ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 18 Mason (cont...) WAGES(per hour) 1/01/91- 6/30/91 Marble Finishers...... $ 20.02 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 1.70 Pension ............... 1.68 International Pension. .75 Supp.Unemploy.Benefit. 1.59 Vacation .............. 3.55 Annuity ............... 5.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-20 PAINTER WAGES(per hour) 10/01/90- 9/30/91 Steel : Steel, Bridge.... 27.50 Spray............ 29.50 Sandblasting..... 29.50 " Power Tool....... 29.50 OVERTIME PAY: See ( C,F,R ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 50% 65% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 17 % Pension ................ 2.00 Apprentice Training... 1/2 % Vacation .............. 6 % Annuity ............... 11 % Listed supplements apply to ALL classifications ( x )Yes ( )No. B-806 ------------------------------ WAGES(per hour) 2/01/91- 8/01/91- 2/01/92- 7/31/91 1/31/92 7/31/92 Drywall Taper......... $ 24.76 25.52 26.29 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 15.5% 15.5% 15.5% Pension ............... 3.0% - 3.0% 3.0% Vacation .............. 9.0% 9.0% 9.0% Annuity ............... 10.0% 10.0% 10.0% Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-1974 ------------------------------ State of New York Department of Labor s PREVAILING RATE SCHEDULE ( )See NOQE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 19 Painter (cont) YYAGES(per hour) 4/01/91- 3/31/92 Brush .................. 23.88 Structural Steel....... 28.84 Spray, Scaffold........ 26.35 Sandblasting........... 28.84 OVERTIME PAY: See ( D, 0, ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1/2 ) year terms at the following rates. 1st. 2nd. 3rd. 4th. 5th. 6th. Brush 11.30 11.30 16.01 17.41 19.11 21.18 Br./St./SB 12.29 12.29 16.67 17.95 .ieO.51 23.08 Spr./Scaff. 12.41 12.41 17.62 18.78 21.09 23.41 SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 3.98.3.54 Pension ............... 2.00.2.00 Apprentice Training... .50• .50 Annuity ............... 3.00'2.29 Suppl Emp Ben......... .50' .50 Safety & Health....... .50' .50 Listed supplements apply to ALL classifications ( )Yes ( x )No. (*)1st yr Rate is, H/W=2.89, Pen=1.07, AppTrg=.23, SUB=.20 (') Other Apprentice Supplements appear in second column. 4-1486 WAGES(per hour) 4/01/90- 3/31/91 Paper Hanger........... 23.38 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd. 4th. 5th. 6th. 50% 60% 65% 70% 80% 90% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 3.09'Appr % of 3.09 Pension ............... 2.05' % of 2.05 Annuity ............... 2.82•Appr % of 2.82 Suppl Emp Ben/Appr Trng. Safety & Health....... 1.17•Appr % of 1.17 Listed supplements apply to ALL classifications ( )Yes ( x )No. (*)Apprentice Supplements appear in second column. 4-1486 0 State of New York Department of Labor PREVAILING RATE SCHEDLO ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 20 PLUMBER WAGES(per hour) 7/01/91- 1/01/92- 12/31/91 6/30/92 Plumber .............. $ 27.85 28.55 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following wage. 1st. 2nd. 3rd. 4th. 5th. 12.53 13.93 18.10 19.50 20.89 for 7/01/91 to 12/31/91 12.85 14.28 18.56 19.99 21.42 for 1/01/92 to 6/30/92 SUPPLEMENTALBENEFITS:(per hour worked) Health/Welfare........$ 3.19'note 3.44'note Pension ............... 5.951note 5.95'note Apprentice Training... .24'note .24'note Vacation .............. 1.30'note 1.30"note Security Benefit..... 1.00'note 1.00'note Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Note -Apprentice supplements appear below. 7/91 to12/91 -1st yr H/W-2.04; PEN -3.68; Appr-.14; Vac -.75; Sec -.53 2nd yr 2.04; " 3.71; .15; ' .80; " .53 3rd yr 2.04; 3.23; .16; " .86; .53 4th yr 2.04; 3.76; .16; " .93; .53 5th yr 2.04; 3.79; .17; " .98; .53 1/92 to 6/92 -1st yr H/W-2.19; PEN -3.68; Appr-.14; Vac -.75; Sec .53 2nd yr " 2.19; 3.71; .15; " .80; .53 3rd yr 2.19; 3.73; .16; .86; .53 4th yr 2.19; " 3.76; " .16; .93; .53 5th yr 2.19; " 3.79; " .17; .98; .53 4-775 ROOFER • PREVAILING RATE SCHEDULE ( )See N W PAGE ATTACHED State of New York Case Number Bureau of Department of Labor 3/31/93 Public Work Roofer ............... $ 21.34 Additional 9201817 Additional Waterproofer........... 21.34 1.00 per hr 1.05 per hr 9b-7/01/91 thru 6/30/92 OVERTIME PAY: See ( A, E, O ) on OVERTIME PAGE attached. 1 ) on HOLIDAY PAGE attached. Published -02/20/92 ' SUFFOLK COUNTY ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 6 ) ) year terms at the following percentage of Journeyman's wage. Page 21 ( STEAMFITTER/SPRINKLER FITTER 1st. 2nd. 3rd. 4th. 5th. 6th. WAGES(per hour) 11/26/90- 6/26/91- 1/01/92- 7/01/92- hour worked) 6/25/91 12/31/91 6/30/92 12/29/92 Steam Fitter.......... $ 27.30 Additional Additional Additional Sprinkler Fitter...... 27.30 1.00 per hr 1.00 per hr 1.50 per hr OVERTIME PAY: See ( C,O,V ) on OVERTIME PAGE attached. Apprentice Training... .03' .03 PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. Vacation .............. 3.00•Term % ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 3 ) Education Fund........ APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th. 6th. 7th. 8th. 9th, 10th. 40% 40% 50% 50% 65% 65% 80% 80% 85% 85% SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 3.85'= % Vac-term/amt.-1st-.74;2nd-.88;3rd-.98;4th-1.10;5th-1.23;6th-1.265;7th-1.62:8th-1.98 Pension ............... 2.75•= % Security Fund......... 3.20'= % Training Fund......... .24•.24 Vacation .............. 3.00•= % Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Apprentice supplements appear in second column. 8-638s/s ROOFER WAGES(per hour) 10/01/90- 10/01/91- 10/01/92- 4/01/93- 9/30/91 9/30/92 3/31/93 9/30/93 Roofer ............... $ 21.34 Additional Additional Additional Waterproofer........... 21.34 1.00 per hr 1.05 per hr 1.05 per hr OVERTIME PAY: See ( A, E, O ) on OVERTIME PAGE attached. 1 ) on HOLIDAY PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. to Journeymen (1-1)(1-4) ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 6 ) ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 11.40 12.66 16.46 17.73 20.26 50% 55% 60% 65% 70% 75% hour worked) SUPPL MENTALNEFI S:(per hour worked) 2.752•note 1.00 .75 .75 Health/Welfare....... .4.39•Term % 3.05 `3.05 per per per Pension ............... 3.00• " hour Vacation..............2.451'note Apprentice Training... .03' .03 Annuity ............... Vacation .............. 3.00•Term % Education Fund........ Annuity 1.86' " Benefit Fund......... Listed supplements apply to ALL classifications ( )Yes ( X )No. Listed supplements *Apprentice supplements appear in second column 4-154 SHEETMETAL WORKER WAGES(per hour) 2/01/90- 8/01/90- 2/01/91- 8/01/91- 7/31/90 1/31/91 7/31/91 1/31/92 Sheetmetal Worker.... $ 25.32 additional Additional Additional OVERTIME PAY: See ( C. 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-1)(1-4) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th, 5th. 6th. 7th. 8th. 7.60 8.87 10.13 11.40 12.66 16.46 17.73 20.26 SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 2.752•note 1.00 .75 .75 Pension ............... 3.05 `3.05 per per per Suppl.Unemploy.Benefit.16 ' .04 hour hour hour Vacation..............2.451'note Annuity ............... 3.00 *note Education Fund........ .27 ' .27 Benefit Fund......... 1.11 'note Listed supplements apply to ALL classifications ( )Yes ( x )No. (')Apprentice supplements appear in second column. H/W-term/amt.-1st-.70; 2nd -.90; 3rd -1.22; 4th -1.48; 5th -1.87; 6th thru 8th -2.752 Vac-term/amt.-1st-.74;2nd-.88;3rd-.98;4th-1.10;5th-1.23;6th-1.265;7th-1.62:8th-1.98 Ann.-term/amt.-1st-.23;2nd-.30;3rd-.35;4th-.41;5th-.41;6th-.41;7th-.645;8th-1.475 Ben-term/amt.- 1st-.34;2nd-.39;3rd-.45;4th-.50;5th-.56;6th-.73;7th-.78;8th-.89 8-28 State of New York Department of Labor PREVAILING RATE SCHEDO ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20i82 SUFFOLK COUNTY Page 22 WELDER Welder To be paid the rate of the mechanic performing the work. TEAMSTER Truck Driver(Building and Heavy/Highway): GROUP 1: Chauffeur and Excavation. GROUP 2: Euclid and Turnapull type trucks. WAGES(per hour) 7/01/89- 6/30/90 Truck Driver (Building and Heavy/Highway): Group 1 .............. 18.235 Group 2 .............. 18.705 OVERTIME PAY: See ( B, E, P, T ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........ $ 3.51 Pension ............... 3.10 Annuity ............... 4.5525 Listed supplements apply to ALL classifications ( X )Yes ( )No. 4-282nsh SIGN ERECTOR WAG S(per hour) 7/01/89- 7/01/90- 7/01/91- 6/30/90 6/30/91 6/30/92 Sign Erector......... $ 20.70 21.30 22.05 OVERTIME PAY: See ( A, E, P, T ) on OVERTIME PAGE attached. PAID HOLIDAY: See( 5,6,10,11,12,16 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 4 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 8th. 9th 10th 35% 40% 45% 50% 55% 60% 65% 70% 75% 80% SUPPLEMENTAL BENEFITS;(per hour worked) Health/Welfare ........ $ 9 % *Note 11 % *Note 13 % *Note Pension......... 2.58 •1.38 2.83 '1.63 3.08 •1.88 Apprentice Training... .13 •.13 .14 •.14 .15 •.15 Vacation .............. 8 % *Note 8 % *Note 8 % 'Note Annuity ............... 18.00day *Note 21.00day•Note 24.00day•Note Scholarship Fund...... .01 •.01 .01 •.01 .01 •.01 Listed supplements apply to ALL classifications ( )Yes ( x )No. Appr. Supp. appear in second column. *Note- H/W -1st. 8 2nd. yr -75 per hr; after 2yrs. full journeyman % Ann. -1st. 8 2nd yr 0 ,3rd yr 2.00 per day, 4th yr. 4.00 per day, 5th yr. 6.00 per day. Vac. -1st. 8 2nd. yr. 2%; 3rd. yr. 4%; 4th. 8 5th. yr. 6% 8-137 State of New York Department of Labor s • PREVAILING RATE SCHEDULE ( )See NOIRE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 23 HIGHWAY STRIPER WAGES(per hour) 4/01/91- 4/01/92- 4/01/93- 3/31/92 3/31/93 3/31/94 Painter(Striping-Highway etc.): Striping -Machine Oper.$ 16.27 16.92 17.57 " Helper......... 14.49 15.14 15.79 Linerman.............. 16.79 17.44 18.09 OVERTIME PAY.L See ( B,E,P,S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,8,10,11,12,15,16 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 13 % 13 % 13% Pension ............... 4 % 4 % 4% Vacation .............. 7 % 7 % 7% National Pension...... .50 .50 .50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-230 TREE TRIMMER WAG S(per hour) 10/1/85- 9/30/86 Tree Trimmer: Trimmer -T 7 (start)... $ 7.75 " -T 6 after 6 mo. 8.32 -T 5 12 mo. 8.54 -T 4 18 mo. 8.93 " -T 3 24 mo. 9.70 " -T 2 30 mo. 10.14 " -T 1 36 mo. 11.56 Driver,Groundsman...... 9.53 OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (5,6,7,8,11,12,18,19)) on HOLIDAY PAGE attached. ,SUPPLEMENTAL BENEFITS: (per hour worked) Health/welfare........ $ Contr.Provide H. 8 W. + $10,000 Life Ins. Annuity ............... .35 Holidays .............. (12 paid). Vacation - after 15 mo./l week. -after 30 mo./2 weeks. -after 10yrs/3 weeeks. - pro -rated if less than 1700 hrs.in prior year. Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-1049t • State of New York Department of Labor SURVEY CREW PREVAILING RATE SCHEDU19( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/'92 SUFFOLK COUNTY WAGES:(per hour) 8/01/90- 7/01/91 7/01/92- 6/30/91 6/30/92 6/30/93 Survey Rates -Building: Party Chief......... 22.31 Additional Additional 2.09 per hr 2.09 per hr Instrument Man...... 19.24 Additional Additional 1.68 per hr 1.68 per hr Rodman/Chainman..... 12.67 Additional Additional 1.31 per hr 1.31 per hr OVERTIME PAY: See ( A,E,O ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Health/Welfare........ 2.40 Pension ............... 2.15 Apprentice Training... .20 Vacation .............. 1.00 Annuity ............... 4.50 Listed supplements apply to ALL classifications ( x )Yes ( )No ------------------------------ WAGES:(per hour) 8/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Survey Rates-Heavy/Hiway: Party Chief......... 22.20 Additional Additional 2.22 per hr 1.84 per hr Instrument Man...... 18.91 Additional Additional 1.77 per hr 1.67 per hr Rodman/Chainman..... 17.00 Additional Additional 1.65 per hr 1.56 per hr 8-15Db Page 24 OVERTIME PAY: See (B,E,O ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Health/Welfare........ 2.40 Pension ............... 2.15 Apprentice Training... .20 Vacation .............. 1.00 Annuity ............... 4.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-15D-N/S SURVEY CREW - CONSULTING ENGINEERS Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a consulting engineer agreement. WAGES:(per hour) 8/01/88- 7/01/89- 7/01/90- 6/30/89 6/30/90 6/30/91 Survey Rates: Party Chief......... 18.01 18.61 19.01 Instrument Man...... 15.18 15.78 16.18 Rodman/Chainman..... 12.43 13.03 13.43 OVERTIME PAY: See ( B,E,O ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Health/Welfare........ 1.35 1.60 1.85 Pension ............... 1.00 1.10 1.20 Apprentice Training... .05 .05 .05 Suppl Unempl. Benefit .05 .05 .05 Vacation .............. .72 .72 .72 Annuity ............... 1.25 1.50 2.00 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-15Dc State of New York Department of Labor DRILLING PREVAILING RATE SCHEDULE ( )See NOITCE PAGE ATTACHED Case Number Bureau of Public Work 9201817 9b-7/01/91 thru 6/30/92 Published -02/20/92 SUFFOLK COUNTY Page 25 WAGES(per hour) 10/17/89- 10/17/90- 10/16/90 10/16/91 Core Drilling: Driller............ $ 17.205 17.985 " Helper.......... 15.445 16.225 , OVERTIME PAY: See ( B, E, O ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5, 6 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare........$ 2.41 2.60 Pension ............... 3.09 3.09 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-1536 ------------------------------ WAGES(per hour) 8/01/86- 8/01/87- 8/01/88 - 7/31/87 7/31/88 7/31/89 Well Driller: Driller ......... $ 16.40 Additional Additional " Helper..... 14.40 1.00 1.00 OVERTIME PAY: See (B,E,P ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 9 % to be to be Pension ............... 2.75 allocated allocated Annuity Fund.......... 1.50 later. later. Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-138well State of New York Department of Labor PREVAILING RATE SCHEDO ( - )See NOTICE PAGE ATTACHED Case Number 9201817 Bureau of Public Work 9b-7/01/91 thru 6/30/92 Published -02/20!92,,. SUFFOLK COUNTY Page 26 POWER EQUIPMENT OPERATOR WAGES(per hour) 7/01/91 - Building: 6/30/92 Hoist(Multiple Platform) 25.65 Lead Engineer 24.255 Hoist(Tandem Platform 24.03 Tower Crane(Engineer) 23.61 SideBoom Tractor(Used in tank work) 23.315 Scoop, Carry -all, Scraper in tandem 23.23 Boom Trucks or Cranes (used for stone setting or structural steel) 23.18 CMI or Maxim Spreader, Concrete Spreader, Derrick, Sideboom Tractor 23.155 Tank Work 23.08 Hoist, 2 Drum, Hoist, 3 Drum 23.03 Backhoe,Dragline, Gradall, Pile Driver, Shovel 23.055 Elevator, Fork Lift, Hoist, 1 Drum 22.98 Batching Plant(on site of job), Power Winch(used for stone or steel), Power Winch (Truck Mounted -used for stone or steel), Pump, Concrete 22.955 Dredge 22.93 Roller, Trench Machine 22.855 Welding Machine, Structural Steel 22.83 Boom Truck, Crane, Crawler or Truck, Conveyor(Multi), Plant Engineer, Stone Spreader (Self -Propelled) 22.805 Asphalt Spreader 22.78 Fork Lift(Walk Behind, Power Operated) 22.77 Compressor(Structura Steel) 22.755 Boiler, Bulldozer, Compressor(on Crane), Compressor(Pile Work), Compressor(stone setting), Concrete Breaker, Conveyor, Generator -Pile Work, Loading Machine(Front End), Maintenance Engineer,Powerhouse, Power Winch(used for other than stone or steel), Power Winch, Truck Mounted(used for other than stone or steel, Pulvi-Mixer,Pump(Dble Action Diaphragm), Pumps(Gypsum, Hydraulic, Jet, Single Action- 1 to 3, and Well Point), Welding and Burning, Welding Machine (Pile Work) 22.605 Curb Machine(Asphalt or Concrete), Curing Machine, Pump(Submersible), Maintenance Man 22.55 Grader 22.38 Compressor, Compressor(2 or more in battery), Generator, Mulch Machine, Pin Puller, Portable Heaters, Pump(4 inches or over), Track Tamper(2 Engineers,Each), Welding Machine 22.355 Stiping Machine 22.28 Bulldozer(used for excavation), Fireman, Loading Machine, Powerbroom, Vac -All 22.23 Concrete Saw or Cutter, Mixer(with Skip), Mixer(2 Small with or without Skip), Pump(Up to 3 inches),Tractor,Craterpillar or Wheel, 21.855 Scoop(Carry-All Scraper) 22.23 Hydra Hammer, Ridge Cutter 21.77 Bending Machine, Dinky Locomotive, Generator(Small), Vibrator(1 to 5), 21.605 Power Buggies 21.48 Stump Chipper and Oiler 21.255 Mechanical Compactor(Hand Operated), Trench Machine(Hand) 21.23 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare....... $ 5.32 Pension .............. 2.75 Apprentice Training.. .45 Annuity .............. 4.00.Overtime Rate for of hours Suppl. Unempl........ .75 Legal ................ .25 Listed supplements apply to ALL classifications ( )Yes ( )No. 4-138b ------------------------------ • PREVAILING RATE SCHEDULE ( • )See NCE PAGE ATTACHED State of New York Department of Labor .• T Operating Engineer (cont) WAGES(per hour) 7/01/91- 6/30/92 Case Number 9201817 SUFFOLK COUNTY Bureau of Public Work 9b-7/01/91 thru 6/30/92 Published -02/20/92 Page 27 HEAVY / HIGHWAY: Scoop(Carry-All,Scraper in Tandem), Tower Crane(Engineer), 23.535 Backhoe, Crane(Stone Setting),, Crane(Structural Steel), Dragline, Gradall, Pile Driver, Road Paver, Shovel 23.28 Batching Plant(on site of job), Crane(on Barge), Sideboom Tractor(used in tank work), Tank Work 23.135 Hoist(3 Drum), Power Winch(Truck Mounted -used for stone or steel), Power Winch(used for stone setting and/or structural steel),Trench Machine 23.125 Asphalt Spreader,Boom Truck,Boring Machine(other than Post Holes), CMI or Maxim Spreader, Crane(Crawler or Truck), Concrete Spreader, Conveyor, Multi, Plant Engineer, Sideboom Tractor,Stone Spreader(self propelled) 22.91 Boring Machine, Post Holes 22.85 Compressor(Stone Setting),Compressor(Structural Steel), Welding Machine(structural steel) 22.795 Dredge 22.745 Work Boat 22.735 Compressor(on Crane), Compressor(Pile Work), Generator -Pile Work, Hoist,2 Drum, Loading Machine(Front-End), Powerhouse, Power Winch(Truck Mounted -used for other than stone or steel),Power Winch(other than stone or struct.steel),Welding Machine,Pile Work 22.635 Mechanical Compactor, Machine Drawn, Roller(over 5 Ton) 22.45 Boiler 22.41 Pump, Concrete 22.37 Compressor(2 or more in battery 22.33 Grader 22.315 Bulldozer, Concrete Finishing Machine, Conveyor,Curb Machine,Asphalt or Concrete, Curing Machine, Dinky Locomotive, Fireman, Fork Lift, Hoist,l Drum, LoadingMachine, Maintenance Machine,Pulvi-Mixer, Pump(4 inches or over), Pumps(Hydraulic, ,Jet, Submersible and Well Point), Roller(5 ton and under), Scoop,Carry-All,Scraper, Maintenance Man, Vac -All, Welding 8 Burning 22.17 Generator 22.02 Portable Heaters 22.275 Compressor, Mulch Machine, Pin Puller, Pump(Double Action Diaphragm),Pump-Gypsum, Pump(Single Action 1 to 3), Striping Machine, Welding Machine 21.725 Powerbroom 21.15 Concrete Saw or Cutter, Fork Lift,Walk Behind,Power Operated, Hydra Hammer, Mixer(with Skip), Mixer(2 Small with or withour Skip), Power Buggies, Power Grinders, Concrete Breaker, Ridge Cutter 21.01 Vibrator(1 to 5) 20.805 Oiler, Root Cutter, Stump Chipper, Oiler, Track Tamper(2 Engineers,Each), Deck Hand 20.70 Generator(Small) 20.695 Bending Machine, Pump, Centrifugal(up to 3 inches), Trench Machine(hand) 20.66 Tractor,Caterpillar or Wheel 20.485 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12.) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 6 ) SUPPLEMENTAL BENEFITS:(per hour worked) Health/Welfare ........ $ 5.32 Pension ............... 2.75 Apprentice Training... .45 Annuity ............... 4.00' Overtime Rate for 0. T. hours. Suppl. Unemp........... .75 Legal ............. .25 Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-138h 9 State of New York Department of Labor PREVAILING RATE SCHEDLO ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9201817 9b-7/01/91 thru 6/30/92 Published-02/20ij2,, SUFFOLK COUNTY Page 28 MARINE CONSTRUCTION WAGES(per hour) 10/01/88- 10/01/89- 10/01/90- 9/30/89 9/30/90 9/30/91 Hydraulic Dredge: Leverman Engineer Maint.Engineer Derrick Oper. Chief Mate on Dredge Mate DeckHand Oiler Fireman Shoreman Boat Captain Tug Boats: Tug Master Tug Captain Tug Chief Engineer Tug Engineer Tug Deckhand 18.00 18.85 19.53 17.48 18.15 18.65 17.23 17.89 18.39 17.48 18.15 18.65 17.23 17.89 18.39 16.14 16.76 17.23 14.24 14.65 14.93 14.75 15.18 15.47 14.75 15.18 15.47 14.24 14.65 14.93 16.26 ------------------------- 16.89 17.36 16.98 17.63 18.12 16.26 16.89 17.36 16.56 17.20 17.68 16.26 16.89 17.36 14.41 ------------------------- 14.83 15.11 Dipper and Clamshell Dredges: Operator 18.31 19.17 19.86 Engineer 17.83 18.52 19.03 Maint.Engineer 17.23 17.89 18.39 Mate 16.14 16.76 17.23 Deckhand 14.41 14.83 15.11 Oiler 14.75 15.18 15.47 Boat Master 16.98 17.64 18.13 Boat Captain 16.26 16.89 17.36 ------------------------- OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. The following SUPPEMENTAL BENEFITS apply to all to ALL classifications of the above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. SUPPLEMENTAL BENEFITS:(per hour worked.) Health/Welfare ........ $ 1.56 1.56 1.56 Pension ............... 1.03 1.03 1.03 Vacation .............. 8 % 8% 8% 4-25a WAGES(per hour) 10/01/88- 10/01/89- 10/01/90- 9/30/89 9/30/90 9/30/91 Drill Boat: Engineer 19.13 19.87 20.42 Blaster 19.33 20.07 20.63 Driller/Welder/Machinist 19.14 19.88 20.43 Oiler 18.13 18.66 19.01 Helper 18.13 18.66 19.01 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (per hour worked) Health/Welfare ........ $ 1.56 1.56 1.56 Pension ............... 1.03 1.03 1.03 Vacation .............. 8 % 8 % 8% Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-25/3 OCCUPATIONS APPLICABLE TO BUILDING and HEAVY/HIGHWAY SCHEDULES STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK .s STATE OFFICE BUILDING CAMPUS y ALBANY, N.Y. 12240 TWO or MORE WILLFUL DETERMINATIONS 02/25/92 Page 1 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK Under Article 8 of the Labor Law, if within any six year period two final determinations are rendered against an employer finding that they have wilfully violated the prevailing wage law, they are debarred, that is, they are ineligible to submit a bid on, be awarded, or participate as a contractor or subcontractor on any public work contract let by the State, any municipal corporation, or public body for a period of five years from the date of debarment. Below is a list of the employers who have been debarred. CONTRACTOR Number Date Date Fiscal Barred of of 1st of Last Officer Until Determ's Wilful Wilful (see Note:) Hydro -Fab Corporation ( 2 ) 3/13/87 3/25/87 DOL 3/25/92 416 Stanley Avenue. Brooklyn,NY 11207 Greece Asphalt Company,Inc. C 2 ) 1/16/87 3/30/87 DOL 3/30/92 78 Bennington Drive, Rochester, N.Y. 14616 J. W. Duffus Contracting, Inc. C 2 ) 8/7/86 5/8/87 DOL 5/8/92 Associated Safety Lightihg, Inc. ( 2 ) 11/25/86 10/05/87 DOL 10/05/92 2788 Mohawk Street, Sauquoit, N.Y. Esquire Wire & Fence CO.,InC. ( 3 ) 06/27/84 4/15/88 DOL 4/15/93 1033 Route 1, Avenel, N. J. 07001 J & B Bilac Contractors,Inc. ( 2 ) 10/30/87 10/30/87 NYC 10/30/92 L & M Company, A Di v. of Ni eto Roofing Contractors,Inc. ( 3 ) 05/05/87 09/13/89 DOL 9/13/94 501 Wi l l ett Ave. , Porrt Chester, NY 10573 J. L. Bailey, d/b/a Castile Hardware a/k/a Castile Hardware, Plumb. & Mgt. ( 2 ) 05/07/87 05/15/89 DOL 5/16/94 1 East Park Road, Castile, NY 14427 Premier Restoration & Supply Company, Inc. a/k/a Premier Restoration & Supply, Inc. and C 2 ) 09/17/86 04/13/89 DOL 4/13/94 178 Front Ave., West Haven, Conn. 06516 Great South Beach Marine Construction, a/k/a Great South Beach Marine Construction, Inc. C 2 ) 01/27/88 06/15/89 DOL 6/15/94 70 Browns River Road, Sayville, New York 11782 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N.Y. 12240 TWO or MORE WILLFUL DETERMINATIONS CContinued) Mid. -States Industries, Ltd. C 2 ) 03/03/87 06/22/89 DOL P 0 Box 4228 1105 Catalyn St., Schenectady, New York 12303 TAP Electrical Contracting Service, Inc. C 2 ) 01/21/86 11/08/89 DOL 926 Lincoln Ave., Holbrook, New York 11741 Dickson Pai nti hg, Inc. C 2 ) 09/10/86 03/13/90 DOL 326 Maple Street, Endicott, New York 13760 Silver Springs Construction Corp. C 2 ) 11/15/88 02/23/90 DOL Box 204, Said Mountain Rd.; Troy, New York 12180 Interior Systems Co. Inc. C 2 ) 08/24/84 03/19/90 DOL 3020 Cross Road; Johnson City, New York 13790 Hollywood Commercial Renewals,Inc. a/k/a Hollywood Commercial Rehewals of Nassau,Inc. C 2 ) 12/16/88 10/26/90 DOL 359 Duffy Avenue, Hicksville, New York 11801 Stride COnStrUCtiOh Company and Christopher Risdale & David Straho CIhdividually) C 2 ) 4/06/87 11/15/90 DOL 78 Otis Street, Rochester, New York T. J. Marks & Sons Inc. C 2 ) 7/01/87 10/19/90 DOL PO Box 145, Guilford, New York 13780 Montour Metals,Inc. 116 North Catherine St., Montour Falls,New York C 2 ) 09/28/90 09/24/91 DOL Sloan Steel Erectors & Equip.Rental,Inc. C 2 ) 10/18/89 02/19/92 DOL 1560 Harlem Road, Buffalo, NY 14206 Note: 02/25/92 Page 2 6/22/94 11/09/94 3/13/95 2/23/95 3/19/95 10/26/95 11/15/95 10/19/95 09/24/96 02/19/97 ** Date was computed by adding 265 days during which a stay was effective to the 5 year debarred period. Note: Where the Fiscal Officer is denoted "NYC", the information has been provided by the New York City Comptroller's Office, the agency issuing the determinations. Any questions regarding these listings should be addressed directly to the Comptroller. The Bureau of Public Work of the New York State Department of Labor will respond with regard to listings where the Fiscal Officer, is listed as "DOL". ocm: debarre 4 - r SECTION M COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATICNS A. STATE REGULATIONS j, The Contractor shall comply with the applicclble provisions of the "Labor Lew" as emended, of the State of New York. This Contract snail be void unless applicable sections of said Labor Low are complied with. 2. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be recd and enforced as though it were included herein, and, if throuah'mere mistake or otherwise any such provision is not included, then upon the explication of either party hereto, the Contract shell forthwith be physically amended to mc<= such inclusion. Specifically, Section 220-e, of the Labor Law, as so emended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five (55.00) dollars for each person for each calendar day during which such perQ.on was discriminated against or intimidated in violation of Section 220-e.; provided, that for a second or any subsequent violation of the provisions -of said paragraph, this Contract may be cancelled or terminated by the Owner end all monies due or to become due hereunder may, be forfeited. S. FEDERAL REGULATIONS 1. CERTIFICATION OF NONSEGREGATED FACILITIES By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any seare­cted facilities at any of his establishments, and.that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees an segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract_ As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing grecs, RESTROOM FACILITIES M - I 0 • time clocks, locker rooms and other storage or dressier; erecs, porking fors, drinking fountains, recreation or entertainment areas, trcnceortation, end housing facilities provided for employees which are segrecated by explicit directive or are in fact secrecated on the basis of race, cre�,d, color, or national origin, because use of habit, local custom, or othcnyisc. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identiccl certifications from proposed subcontractors prior to the award of subcontracts exceeding 510,OCO which cre not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his Files; dnd thct he willforward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identiccl certifications for specific time periods): 2. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF RECUIREMENT FCR CERTIFICATIONS CF NCN SEGREGATED FACILITIES A certification of Ncnsearecated Facilities must be submitted prior to the award of a subcontract exceeding $10,OCO which is not exempt from the provisions of the Equal Opportunity clause. The certiFication may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for mcking false statements in offers is prescribed in 18 U.S.C. 1001. "During the perFormance of this contract, the ceq.troctor aarees as follo,,,s: (1) The contractor will not discriminate against any employee or applicant for employment because or' race, creed, color, or national oricin. The contractor will take affirmative action to ensure that applicants are employed, and thot employees are treated during employment, without record to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, uparoding, demotion or trcnsFer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the'contracting officer setting forth the provisions of this nondiscrimination Clouse. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without record to race, creed, color, or national origin. (�) The contractor will send to cock labor union or representative of workers with whiclihe hes a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants For employment. RESTROOM FACILITIES M — 2 • C (4) The contractor will comply with cll provisions of Executive Cider No. 11246 Of September 24, 1965, and of the rules, and regulations, grid relevant orde-s of the Secretary of Lobar. (5) The contractor will furnish all information and reports recuired by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes c'f investiection to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses cf this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 112.6 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, reaulet.ions, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to;.ony subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contractina agency, the contractor may request the United States to enter into such litigction to protest the interests of the United States." 3. FEDEPAL PROCUREMENT REGULATIONS EOUAL CPPORTUNITY IN EMPLOYMENT 1-12.805-4 Reports and Other Required Information (e) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO -1) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (1) is not exempt from the provisions of this Subpart 1-12.8 in cccordence with 1-12.80-4; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, RESTROOM FACILITIES M - 3 0 0 sub -contract, or purchose order amounting to 550,000 or more, or serves as a depositary of Government funcs in any amount, or is a financial institution which is an issuing and paying anent for U.S. savines bonds and savines notes: Provided, That cny subcontractor below the first tier which performs construction work et the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (i), (ii), and (iv) of this peracrcph (a) (1)• (2) Each person required by subparagraph (1) of this paracrcph to submit reports shall file such a report with the contracting or administer— ing agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding fhe date of the award. Subsequent reports shall be submitted annually in accordance with subocrccrepn (1) of this peroareph, or at such other intervals as the acency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the oaency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the. form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, *complete, and accurate reports, as re- quired, constitutes noncor5plionce with the prime contractor's or subcontractor's obligations under the equal Opportunity clause and is a ground for the imposition by the agency, the Director, on applicant, prime contractor or subcontractor, of any sanctions authorized by the Order and the regulations in this subpart: Any. such failure shell be reported in writing to the Director by the agency gs soon as practicable after it occurs. 1 -12.805.4 Re -Ports and Other Required Information b. Requirements for bidders or prospective contractors. (1) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it hes parti- cipated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an acency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of c representation by the bidder or offeror sub- stantially as follows: RESTROOM FACILITIES M -4 (c) "Tne bicacr (or oi(cror) rcoresent.s tiict he ( P=, ( ) kc. not, perticiboted in a previous cortrcct or ,ubC=nfract subject to the Ecucl Opportunity clause herein, or the clause originally con- teined in section 301 at Executive Order No. 10925, or the c:cuse eontcined in section 201 of Executive Order No. 11114; that he ( ) has, ( )hcs not, filed oil recuired comelicnce reports; cnd tinct representations indicating submission of required compliance reports, signed by proposed subcontractors will be obtained prior to sub- contract gwerds." (The above representation need not be submitted in connection with contracts or subcontracts wnich are exemot from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or ofFeror shall be permitted to satisfy the requirement prior to award. (2) In any case in which a bidder or prospective prime contrcctcr or proposed subccntrcctor, which perticipeted in a previous contract or subcontrcct subject to Executive Orders No. 10925, 11114, or 11246, has not filed c report due under the cpplicpble filing requirements, no contract or subcontract Snell be cwerded, unless suc.i contractor submits a report covering the delinquent period or such other period specified by the agency or the Director. (3) A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the acency or the Director requests prior to the award of the contract or subcontrcct. When o determination hob been made to award the contract or sub- contract to a specific contractor, such contractor shall be'required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. Use:of Reports. Reports filed pursuant to this 1-12.EC5--4'shall be used only in connection with the administration of the Order, the Civil Riches Act of 1964, or in furthercnce of the purposes of the Order and sold Act. (d) Acquisition of Report Forms. Stcndcrd Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering acency. The stock number for the form is as follows: Stcndcrd Form No. Stock Number Title 1C0 7540-526-2049 Eaucl employment opportunity employer information report. RESTROOM FACILITIES M -5 1-12.805.4 PROCUREMENT STANDARDS A. All Contracts and Subaronts for constructicn or repair sholl include a provision for compliance witn the Copeland "Anti - Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Reculcticns (29 C --R, Part 3). This Act provides that each Contractor or Subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any pert of the cempensction to which he is otherwise entitled. The Grontee shall report all suspected or reported violations to the Grantor Agency. g. Where applicable, all Contracts awarded by Grantees and Sub - grantees in excess of S2,000 for ccnstructiori contracts and in excess of $2,500 for other contracts which involve the em- ployment of mechanics or laborers shell include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (d0 U.S.C. 327-330) as supplemented by Department of Labor Reculations (29 CI•R, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of c hours and a standard work week of 40 hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rote of pay for all hours worked in excess of 8 hours in any calender day or 40 hours in the work week. Section 107 of the Act is appliccb`ie to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dancerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materiels orarticles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. C: Each Contract of on amount in excess of S2,5CO awarded by a Grantee or Subgrantee shell provide that the recipient will comply with applicable regulations and standards of the Cost Living Council in establishing %vanes and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of on invoice or voucher for property, goods, or services furnished under a contract or acreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service firlri office. RESTROOM FACILITIES M - 6 s 0 D. Contracts cnd Subnrcnts of amounts in excess of Sli.0,00 shall contain a provision -which requires the recipient to scree to comply with all applic-oble standards, orders, or reculctions issued pursuernt to the Clecn Air Act of 1970. Viofetions shell be reported to the Grantor Acency and the Recional Office of the Environmental Protection Ace -icy. E. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or fecal remedies in instances where contractors violate or breech contrccts terms, end provide for such sanctions and penalties as may be appropriate. F. All contracts, amounts for which are in excess of $2,500, shell contain suitable provisions for termination by the' crcntee includine the manner by it will be effected and the basis for settlement. In addil;en, such contrccts shell describe conditions under which the contract mcy be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contrcctor. G. In all contracts for construction or faciiity improvement awarded in excess of 5100,000, grantees shelf observe the bonding requirements provided in Attachment B to this Circular. H. All contracts end,isubgrants in excess of 510,000 shall in- clude provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity," as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shell be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and ace and which specifies gaols and target dates to assure the implementcticn of that plan. The crcntee shell establish procedures to assure compliance with this requirement by contractors or subarontees and to assure that suspected or reported violations are promptly investiocted. RESTROOM FACILITIES M - 7 0 0 COMPLIANCE WITH PROVISIONS OF THE L-2,5CP, LAW Pursuant to Article 8 of the Labor Low, the contractor's attention is directed to the following requirements: 1. Section 220.2 which requires c stipulation that no Icborer; wcrkmen or mechanic in the employ of the contractor, subcontractor or other pe -on doing or ccntrcct- ing to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more then eicnt hours in any one calender dcy --.- more rmore than five days in any one week except in the emereencies set forth in the Lobar Low. 2. Section 220.3 which requires a provision that each laborer, workman or mecnenic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate of wages unci shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. 3. Section 220.3-a also requires that the contractor end every subcontractor on public works contracts shell post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workincmen, or laborers employed on the work. 4. Section 220.3-e provides that apprentices will be permitted to work as such only when they ore registered, individually, under c bona fide program recistered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be grecter than the ratio permitted to the contractor as to his wor� force on any job under the registered program. Any employee listed on a payroll at on apprentice wace rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wcoe rates, for the gree of construction prior to using any apprentice on the contract work. 5. Section 220-e which requires provisions by which the ccntrector with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate oC'ainst any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention is directed to the provisions of the State Law against Discrimination which also prohibit discrimination in employment because of age); RESTROOM FACILITIES M - 8 0 0 (c) That there may be deducted from the amount payable to the contractor by the Stele or municipality under this contract a penalty of five dollars for e•::ch calendar day during which such person was discriminated cccinst or intimiccteo in violation of the provisions of the contract; (d) That this contract may be cancelled or terminated t by he State or mur,ic.cal- ity, and all moneys due or to become due hereunder may be forfeited, for c second or any subsequent violation of the terms or conditions of this section of the contract. 6. The aforesaid provisions of Section 220-e which covers every contract For or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shell be limited to operctions performed within the territorial limits of the State of New York. 7. Section 222 which requires that preference in employment shell be given to citi- zens of the State of New York who hove been residents for at least six consecutiv- months immediately prior to the commencement of their employment; that persons other than citizens of the Stcte of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning prefer- ence in employment to citizens of the State of New York ore not complied with, the contract shell be void. 8. Section 222--0 which requires that if in the construction of the public wortk a harmful dust hazard is created for which appliances or methods for the eliminct- tion of harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have Limen approved by the Bocrd of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222 concerning harmful dust hazards are not complied with, the contract Shall be void. OTHER REOU IREMENTS Every Stcte contracting acency, including Public authorities, must include in each contract parccrcphs (c) through (g) of the Standard State Contract clauses promulct ted by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages con be used only with the consent of the department of jurisdiction and then the rate to be Acid will be given by the department of jurisdiction after being advised by the New York State Department of 'Labor. - The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. RESTROOM FACILITIES M - 9 General•Ri•gulaticn No. 1, as issued by the State Commission for Human ;;;grits, rgcuir_s that each contract contains a stiou.loticn that; "It is hereby agreed by and between the parties hereto that every contractor end subcontroctor encvged in the public work describec in this contract shall pest and maintain or each of his establishments and at all alaces at ' which the public work descrioed hereunder is being conducted, the Notice of the State Ceramiss;on for Human Rights indicating the substantive provisions of the Law Acc;nst Discr;mination, where complaints mcv be filed, and other pertinent information. Suc7 Notice shall be posted in easily accessible and well lichted places customarily frecuentec by employees and applicants for ernplcyment." The Notice may be obtained from the department havine jurisdiction, or from the office of the State Comm;ss;cn for Human R;chts in the respective area. You are reeuested to refer to t. -ie bureau of Public Work all cherces or' d;scr;m;nct;on in employment includine d;scriminction because of ace, race, creed, color or nct;onel cricin RESTROOM FACILITIES M — 10 • 0 SECTION � NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: a. The Contractor will not discriminate against any employee or cpolicant for employ- ment because of race, creed, color, or national orioin, and will take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retrain- ing, including apprenticeship and on-the-job training. b. The Contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative 'of the Contractor's agreement under clauses "a." through "h. hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will take affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, de- motion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job train ing. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of per- formances of this contract. If such labor union or representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. C . The Contractor will post and keep posted in conspicuous places, available to employ, and applicants for employment, notices to be provided by the Commission for Human Rights setting .forth the substance of the provisions of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. d. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equo employment opportunities without discrimination because of race, creed, color, or national origin. RESTROOM FACILITIES N - I e. The Contractor will comply with the provisions of Sections 291-299 of the Executi Law and the Civil Rights Law, will furnish all information and reports deemed nec sary by the Commission for Human Richts under these non-discrimination clauses ar such sections of the Executive Low, and will, permit access to his books, records, and accounts by the Commission for Human Rights, and Cwner representctives/cct_ for purposes of investigation to ascertain compliance with these non-discriminetior clauses and such sections of the Executive Law and Civil Richts Low. f. This Contract may be forthwith cancelled, terminated, or suspended in whole or it part, by the contracting agency upon the basis of a finding made by the Commissic of Human Rights that the Contractor has not complied with these non-discriminatio clauses, and the Contractor may be decibred ineligible for future contracts made b or on behalf of the Owner/Contracting Agency until he satisfied the Commission fc Human Rights that he has established and is carrying out a procrom in conformity w the provisions of these non-discrimination clauses. Such finding shall be made by Commission for Human Rights after conciliation efforts by the Commission have foil to*achieve compliance with these non-discrimination clauses and after a verified c plaint has been filed with the Commission, notice thereof has been given to the Cc tractor and an opportunity has been afforded him to be heard publicly before three members of the Commission. Such santions may be imposed and remedies otherwise provided by law. g. If this Contract is cancelled or terminated under clause "f:', in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, th, Contractoe will hold the Owner harrpless against any additional expenses or costs it curred by the Owner in completing `the work or in purchasing the -services, materia' equipment, or supplies contemplated by this contract, and the Owner may withhoic payments from the Contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. h. The Contractor will include the provisions of clauses "a;', through "g." in every sub contract or purchase order in such a manner, that such provisions will be binding up, each subcontractor or vendor as to operations to be performed within jurisdictional locale of the Project being contracted by the Owner. The Contractor will take suc action in enforcing such provisions of such subcontract or purchase as the Owner/ Contracting Agency may direct, including sanctions or remedies for non-compliant If the Contractor becomes involved in or is threatened with litigation with a sub- contractor or vendor as a result of such direction by the Contracting Agency/Owne the Contractor shall promptly so notify the Owner's representatives/counsel, reque! him to intervene and -protect the interests of the Owner (Contracting Agency's jurisdictional area). RESTROOM FACILITIES N - 2 0 • DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: A. The work covers the construction of a new 12' X 20' one story restroom facility located at Town Beach on County Rte. 48, Southold, New York, in full accordance with the contract documents. B. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred therefrom. C. This contract includes all site work for the project. D. The Contractor shall obtain and pay for all applicable fees and charges not specifically excluded from this contract. 1.02 WORK BY OTHERS: A. The following will be provided by other: 1. The Owner will provide and pay for the following: a. Village of Greenport water tap fee. b. All related building permits. END OF SECTION RESTROOM FACILITIES 1010-1 • Section 1080 - APPLICABLE CODES 1.01 The latest effective publications of the following standards and codes, as applicable, form a part of these specifications the same as if written fully herein and shall not relieve the Contractor of the responsibility of furnishing and installing higher grade materials and workmanship than herein specified. 1. Applicable codes or ordinances of local governing agencies. 2. National Fire Protection Association (NFPA). 3. New York Building Code. 1.02 The Town of Southold shall obtain and pay for all permits and required inspections. END OF SECTION RESTROOM FACILITIES 1080-1 Section 1500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.01 UTILITIES A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during construction and shall pay for all electrical power used. B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. C. TEMPORARY TELEPHONE SERVICE: The Contractor shall install and pay a temporary job telephone for the duration of the contract. Telephone shall be equipped with an outside gong or bell. D. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades during the construction period. E. TEMPORARY SANITARY FACILITIES: The Contractor shall provide and maintain temporary toilets in accordance with local health ordinances. 1.02 BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas during construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION RESTROOM FACILITY 1500-1 • 0 Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect. B. For products specified by naming only one product or manufacturer, unless otherwise indicated The Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the project was used when requested by the Architect. B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. C. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He Will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to.substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS: A. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. B. The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. C. Substitutions which require a substantial revision of the Contract Documents will not be considered. RESTROOM FACILITIES 1600-1 i 1.05 The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION RESTROOM FACILITIES 1600-2 0 0 DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General requirements of these specifications. section 2100 - SITE PREPARATION Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall include the entire site. B. Related Work Specified Elsewhere: 1. Earthwork - 2200 Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 CLEARING: A. Limits of clearing shall be all areas within the proposed improvements. b. Saw cut existing pavement in construction are as required. Excess material shall be removed from the site at the contractors expense. 3.03 STRIPPING: A. stockpile all excavated sand & Gravel in designated or approved location. All remaining stockpiled material at the end of the project will be collected by the Town of Southold. 3.04 DISPOSAL: A. Burning of -material on the site will not be permitted. B. Removal: 1. Material to be removed shall be removed from the site daily as it accumulates. 2. Should the Contractor elect to continue work beyond normal working hours, material to be removed shall not be allowed to accumulate for more than 48 hours. C. Dumping:. 1. Construction & Demolition material generated by this project shall be dumped at the Southold Town landfill at no cost to the contractor. END OF SECTION RESTROOM FACILITIES 2100-1 Section 2200 - EARTHWORK Part 1 - GENERAL 1.01 Description: A. Provide earthwork in area inside and outside the building limit to obtain required finish elevations. Earthwork includes, but is not limited to: 1. Excavation of unsuitable material and replace with controlled filled material. 2. Backfilling of trenches within building lines. Limit of work under this contract shall include the entire site. B. Related Work Specified of Elsewhere: 1. Site Preparation - 2100 1.02 QUALITY ASSURANCE: A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.03 JOB CONDITIONS: A. Protection of Persons and Property: 1. Barricade open excavations occurring as part -of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. Part 2 - PRODUCTS 2.01 SOIL MATERIALS, DEFINITIONS: A. Definitions: 1. Satisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes; as GW, GP, GM, SW, SP, SM and SC with no more than 20 percent by weight finer than No. 200 sieve. 2. Unsatisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes, as ML,CL, OL, MH, CH, OH, and PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. 3. Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. RESTROOM FACILITIES 2200-1 • Part 3 - EXECUTION 3.01 EXCAVATION: • A. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. B. Earth excavations include removal and disposal of pavements, and other obstructions visible on ground surface and other materials encountered that are not classified as rock excavation or unauthorized excavation. C. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of Architect. Unauthorized excavation, as well as remedial work directed by Architect shall be at Contractor's expense. 3.02 COMPACTION: A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentage of maximum dry density for soils which exhibit and well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture -density relationship. C. Structures: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. D. Building Slabs, and paved Areas: Compact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density. 3.03 BACKFILL AND FILL: A. Place acceptable soil material in layers to required subgrade elevations, for each area classification listed below. 1. Under walks and steps, or borrow material. 2. Under building slabs, material use satisfactory excavated use satisfactory borrow 3.04 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. RESTROOM FACILITIES 2200-2 3.05 DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debris shall be disposed of at the Southold Town Landfill at no cost to the Contractor. END OF SECTION RESTROOM FACILITIES 2200-3 0 Section 2500 - PAVING AND SURFACING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all paving, and sidewalks as shown. Limits of work under this contract shall include the entire site and all sitework shown. B. Related work specified elsewhere: 1. Excavation - 2200 2. Masonry - 4200 1.02 QUALITY ASSURANCE: A. Qualifications of Asphalt Concrete Producer: Use only materials which are furnished by a bulk asphalt concrete producer regularly engaged in production of hot -mix, hot -laid asphalt concrete. Part 2 - PRODUCTS 2.01 ASPHALT CONCRETE PAVING MATERIALS: A. Base shall be crushed aggregate stone blend or recycled concrete in accordance with Town of Southold Highway Specifications. B. Bituminous Asphalt shall meet the requirements of the Town of Southold Highway Specifications. 2.02 CONCRETE SLABS: A. Concrete shall be air entrained, 3.000 P.S.I. Min. B. Provide asphalt impregnated joint filler & control joints as indicated on the drawings. Part 3 - EXECUTION: 3.01 PAVING: A. Paving shall be in accordance with all applicable sections of the Town of Southold Highway Specifications. END OF SECTION RESTROOM FACILITIES 2500-1 DIVISION THREE - CONCRETE All work in this Division shall comply with all particulars of the General conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 3000 - CONCRETE WORK Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete work as shown. B. Related Work Specified Elsewhere: 1. Paving Surfacing - 2500 1.02 QUALITY ASSURANCE: A. Codes and Standards: Comply with provisions of following codes specifications and standards, except where more stringent requirements are shown or specified: 1. ACI 318 " Building Code Requirements for Reinforced concrete". Part 2 - PRODUCTS 2.01 FORM MATERIALS: A. Forms for unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. B. Form Coatings: Provide commercial formulation form -coating compounds that will not bond with, stain nor adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 2.02 CONCRETE MATERIALS: A. Portland Cement: ANSI/ASTM C 150, Type I, unless otherwise acceptable to Architect. B. Use one brand of cement throughout project, unless acceptable to Architect. C. Air -Entraining Admixture: Ansi/ASTM 260. RESTROOM FACILITIES 3000-1 Part 3 - EXECUTION 3.01 FORMS: A. Design, erect, support, brace and maintain formwork to support vertical and lateral loads that might be applied until such loads can be supported by concrete structure. Construct formwork so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design formwork to be readily removable without impact, shock or damage. 3.02 FINISH OF FORMED SURFACES: A. Float Finish: Apply float finish to all concrete slabs to receive trowel finish. B. Trowel Finish: Apply trowel surface to al concrete slabs exposed -to -view. END OF SECTION RESTROOM FACILITIES 3100-2 DIVISION FOUR - MASONRY All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 4100 - MORTAR Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all mortar for masonry work B. Related Work Specified Elsewhere: 1. Masonry - 4200 Part 2 - PRODUCTS 2.01 MATERIALS: A. Sand shall be an acceptable color, clean, sharp, graded and shall conform to ASTM C144. All sand used throughout the project shall be from a single source and shall be uniform in color. B. Water shall be clean, taken from a source suitable for domestic consumption. The maximum amount of water to produce the desired workability shall be used. C. Mortar for all concrete masonry shall be Type S and shall have an average compressive strength of 1800 PSI at 28 days. Part 3 - EXECUTION 3.01 APPLICATION: A. Mix mortar in strict conformance with manufacturer's printed directions and use within two hours of mixing. B. Mortar shall be used in as wet a consistency as can be conveniently handled. Temper frequently if necessary. Mortar which has stiffened or in which the cementing material has started to set shall not be re -tempered or used. C. Anti -freeze compounds and admixtures will not be permitted in mortar. END OF SECTION RESTROOM FACILITIES 4100-1 Section 4200 - MASONRY Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all concrete unit masonry work. B. Related Work Specified Elsewhere: 1. Concrete - 3000 2. Mortar - 4100 Part 2 - PRODUCTS 2.01 CONCRETE MASONRY UNITS: A. all sizes and shapes shall be as required or as indicated on the drawings. B. Hollow Load -Bering Units: ASTM C 90. Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the Contractor to verify, coordinate and provide for all architectural and mechanical work in and around the masonry construction. Additionally, Contractor shall take all necessary precautions to protect masonry work from damage during construction. 3.02 INSTALLATION: A. Joints and bond in masonry construction: Horizontal and vertical face joints shall have a nominal thickness of 3/8 inch. Construct uniform tight joints provide struck flush joints for concealed CMU and concave joints for all exposed CMU, unless otherwise indicated on the drawings. B. Workmanship: All work shall be performed by skilled tradesmen in a high quality workmanlike manner and is subject to the final approval of the Architect. Only dry masonry units shall be laid with all cutting and fitting done with a masonry saw. All work shall be plumb, true to line and with level courses accurately spaced. 3.03 CLEANING: A. All exposed CMU work shall be thoroughly cleaned and ready for additional finishes. END OF SECTION RESTROOM FACILITIES 4200-1 DIVISION FIVE - METALS All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 5500 - MISCELLANEOUS METALS Part 1 - GENERAL 1.01 DESCRIPTION A. Provide all miscellaneous metals including, but not limited to, the following: 1. Metal grab bar brackets 2. Other miscellaneous metals as indicated or required. Par 2 - PRODUCTS 2.01 MATERIALS: A. Metal Surfaces, General: For fabrication of work which will be exposed to view, use only materials which are smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names and roughness. Remove such blemishes by grinding or welding and grinding, prior to cleaning and application of surface finishing. B. Nuts and bolts - ASTM A 325 C. Anchor bolts - ASTM A 307 D. Machine screws - Fed. Spec. FF -S-92. E. Galvanizing - Hot -Dip Galvanizing shall conform to ASTM A 123. Galvanized coatings where required shall successfully withstand the Preece Test referred to in the foregoing standard. F. Paint - Fed. Spec. TT -P -86a, Type II. Part 3 - EXECUTION 3.01 PREPARATION: A. The Contractor shall study the contract drawings and specifications with respect to the work shown or required under this and related Divisions and Sections to ensure completeness of all work. Supplementary parts necessary to complete each item, though such work is not definitely shown or specified, shall be included. B. The Contractor shall coordinate and schedule the work of this Section with the work of other trades. Anchors, sockets, fastenings and other miscellaneous items required for securing metal work to other construction shall be furnished as required so as not to delay the progress of the work. RESTROOM FACILITIES 5500-1 3.02 INSTALLATION: A. Whenever the work, or part of it, required embedding in concrete or masonry, give complete instructions, provide labor and materials to place the material into the work, and supervise the installation. B. Install and erect the work plumb, level, true, and properly aligned. Detail and install work with due consideration of all work of others in the vicinity. Show the work of others adjacent to this work on shop drawings wherever necessary for proper completion of the work. END OF SECTION RESTROOM FACILITIES 5500-2 DIVISION SIX - WOOD AND PLASTIC All work in this section shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 6100- ROUGH CARPENTRY Part 1 - General 1.01 DESCRIPTION: A. Provide all structural, non-structural and miscellaneous wood framing, including, but not limited to the following: 1. Wood Joists. 2. All miscellaneous framing, wood plates, blocking, back-up, etc. 3. Roof sheathings and building papers. 4. All fasteners, nails and rough hardware. B. Related Work Specified Elsewhere: 1. Miscellaneous Metals - 5500 2. Toilet and Specialty Accessories - 10800 1.02 QUALITY ASSURANCE: A. Lumber shall be in conformance with the grading rules of the Southern Pine Inspection Bureau (SPIB) or the Western Wood Products Association (WWPA). B. Plywood shall conform to the grading rules of the Softwood Plywood Construction and Industrial Product Standard PS 1-66. C. All lumber and plywood shall bear official grade marks. 1. Lumber shall be grade stamped by mill showing grading agency, mill lumber grade, species, grading rules and seasoning. 2. Plywood shall bear grade trademark of the American Plywood Association (APA), showing type, grade, class, identification index, and inspection agency mark. RESTROOM FACILITIES 6100-1 U Part 2 - PRODUCTS 2.01 MATERIALS: PJ A. Lumber: 1. Sizes shall be as indicated on drawings: dimensions are nominal, actual sizes shall conform to the American Lumber Standards, latest published edition. All lumber shall be kiln -dried to 15 percent maximum moisture content and be finished four side (S4S). 2. Framing lumber shall be grade No. 2, Southern Yellow Pine for both bearing and non-bearing construction. Framing shall be CCA Treated. 3. Blocking, furring, grounds and nailers shall be grade No. 2, Southern Yellow Pine. No grade no. 3 lumber shall be allowed for any use on this project. All blocking, furring, grounds and nailers built into or permanently concealed by construction shall be CCA Treated. B. Plywood: 1. Roof sheathing: Standard with exterior glue 1/2" thick. Part 3 -EXECUTION 3.01 PREPARATION: A. The Contractor shall verify that surfaces to receive rough carpentry are prepared to proper grades and dimensions. In addition, it is the responsibility of the Contractor to coordinate and provide for all work of other trades and schedule his work to minimize delays to the project. 3.02 INSTALLATION: A. All work shall be performed by experienced tradesmen. Blocking shall be true, plumb and anchored as required and in accordance with these Specifications and good construction practices. B. Provide blocking, furring, back-up, firestops, etc., as shown on the drawings, called for in the specifications or necessary for the proper installation of any item, fixture, or trim: constructed as appropriate for intended use. C. Roof Sheathing: 1. Install plywood with face grain perpendicular to supports. End joints shall be located over supports and staggered between panels. Allow 1/16 inch space at end joints and 1/8 inch space at edge joints increase spacing during damp weather. 2. Nail as per APA recommendations to develop full rated panel strength. END OF SECTION RESTROOM FACILITIES 6100-2 Section 7500 - ASPHALT ROOFING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide Asphalt Roofing. B. Related Work Specified Elsewhere: 1. Rough Carpentry - 6100 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers; Roofing: 1. Johns - Manville or approved equal B. The Roofing Contractor shall be certified by the manufacturer and shall have a minimum of five (5) years experience as a contractor. C. All materials and workmanship shall conform with the manufacturer's standard specifications for New Roofing. Part 2 - PRODUCTS - Not Used Part 3 - EXECUTION 3.01 PREPARATION: A. It is the responsibility of the General Contractor to verify, coordinate and provide for all architectural and mechanical materials to be incorporated in the roofing system. He shall provide treated wood nailers as required and where indicated on drawings and furnish the necessary materials to ensure timely completion of the roofing work. 3.02 INSTALLATION: A. All work including installation of architectural and mechanical materials shall be as required and indicated on drawings and in accordance with the roof manufacturers printed specifications. Coordination of requirements for roof mounted equipment and roof penetrations with mechanical, electrical and plumbing design shall be the Contractor's responsibility. 3.03 PROTECTION OF WORK: A. It is the responsibility of the General Contractor to adequately protect the roofing system from damage during construction. Any materials which become damaged shall be promptly repaired or replaced at no additional charge to the Owner. END OF SECTION RESTROOM FACILITIES 7500-1 DIVISION EIGHT - DOORS AND WINDOWS All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 8100 - METAL DOORS AND FRAMES Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide metal doors and frames where indicated or required. B. Related Work Specified Elsewhere: 1. Finish Hardware - 8700 1.02 QUALITY ASSURANCE: A. Manufacturer: Hollow Metal Work shall be manufactured by one of the following: 1. Steelcraft 2. Amweld 3. Ceco Part 2 - PRODUCTS 2.01 MATERIALS: A. Sheet steel for frames shall be hot rolled prime quality carbon steel, electro zinc coated. B. Sheet steel for doors shall be cold rolled stretcher level sheet steel electro zinc coated. C. Paint: Shall be a rust -inhibiting metal primer. D. Frames: 1. Exterior frames: shall be shaped as indicated on drawings, 16 gauge fully welded units. 2. Frames shall be reinforced for all hardware in accordance with templates provided by the hardware manufacturer. Reinforcement shall be 7 gauge minimum at hinges and pivots, 12 gauge minimum at all other hardware reinforcements. E. Metal Doors: Shall be 18 gauge flush type. F. Anchors: 1. Provide an anchor at each jamb for each 2 feet of door height or fraction thereof. 2. Vary anchor types to provide positive fastening to adjacent construction. 3. Secure a metal clip angle at bottom of each jamb member for anchoring to floor with a minimum of 2 fasteners. RESTROOM FACILITIES 8100-1 Part 3 - EXECUTION 3.01 PREPARATION FOR FINISH HARDWARE: A. Prepare doors and frames to receive hardware: 1. Hardware supplier shall furnish hollow metal manufacturer approved hardware schedule, hardware templates, and samples of physical hardware where necessary to insure correct fitting and installation. 2. Preparation includes sinkages and cut-outs for mortise and concealed hardware. B. Provide reinforcements of both concealed and surface applied hardware: 1. Drill and tap mortise reinforcements at factory, using templates. 2. Install reinforcements with concealed connections designed to develop full strength of reinforcements. 3.02 INSTALLATION OF FRAMES: A. Exercise care in setting frames to maintain scheduled dimensions. Wherever possible, leave frame spreader bars intact until frames are set perfectly square and plumb and anchors are securely attached. 3.03 INSTALLATION OF DOORS: A. Apply hardware in accordance with hardware manufacturer's templates and instructions. B. Hang door plumb and level and adjust operable parts for correct function. 3.04 PRIME COAT TOUCH UP: A. Immediately after erection, touch up areas where prime coat has been damaged shall be sanded smooth and touch up with same primer as applied at shop. All rust shall be removed before above specified touch up is applied. END OF SECTION RESTROOM FACILITIES 8100-2 Section 8700 - FINISH HARDWARE Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all door hardware for exterior doors B. Related Work Specified Elsewhere: 1. Metal Doors and Frames - 8100 1.02 QUALITY ASSURANCE: A. Commercial grade hardware manufactured by the following companies are acceptable: 1. Russwin 4. Stanley 2. Schlage 5. Ives 3. Sargent 6. Pemko 1.03 SUBMITTALS: A. Submit five copies of a complete schedule, including keying and samples to the Architect for approval. Part 2 - PRODUCTS 2.01 MATERIALS A. The finish hardware listed herein shall not be construed as a complete hardware schedule and shall only be considered as an indication of the hardware requirements. It shall be the hardware supplier's responsibility to examine the drawings and door symbols and provide all necessary or additional hardware as required but not scheduled herein. Such items of hardware shall be of the same type, quality and quantity as that scheduled for similar doors or parts of the building used for similar purposes. B. Hardware shall be suitable and adapted for its required use and shall fit its designated location. Should any hardware as shown, specified, or required, fail to meet the intended requirements, or require modification to suit or fit the designated location, the hardware supplier shall promptly seek the correction or modification necessary in ample time to avoid delaying the manufacture and delivery of hardware. The hardware supplier shall verify the suitability of stops scheduled herein and where necessary shall provide fully concealed stays, backcheck devices on closers or roller stops, as approved by the Architect in lieu of stops scheduled. RESTROOM FACILITIES 8700-1 r C. Hardware supplier shall be fully responsible for checking all details such as wall trim clearances, bevels, rabbets, backsets, proper type strike plates, length of spindles hands of locks, etc. in order that all items of hardware shall fit properly. Hardware for application to metal shall be made to standard templates. Template information shall be furnished to door and frame fabricator and all other trades requiring same, in order that they may cut, reinforce, or otherwise prepare in the shop, material for the installation of hardware. 2.02 KEYING A. All locks shall be keyed and master keyed as directed by the The Town. B. Provide three (3) keys for each lock. Part 3 - EXECUTION 3.01 DELIVERY OF HARDWARE: A. All items of finishing hardware shall be delivered to the building or as otherwise specified a sufficient time in advance of its requirement for proper inspection prior to installation. All items shall be properly wrapped in separate packages, complete with all trim, screws, etc., and be definitely numbered and labeled for each opening. 3.02 INSTALLATION: A. Install all finish hardware by skilled workmen as per manufacturer's instructions and adjust for perfect operation. After fitting of hardware, remove all natural finish exposed hardware before painting. Reinstall exposed hardware after all painting is complete. Any hardware that becomes damaged in finish or operation shall be replaced by the Contractor at no additional cost to the Owner. 3.03 HARDWARE SCHEDULE: A. Manufacturers catalog number specified herein are for the purpose of establishing a basis of quality, design and operation. Hardware by other manufacturer's will be acceptable provided that they provide the same function, appearance, quality level, and keying: 1. Hinges - Stanley Hardware 2. Locks - Russwin and Corbin as indicated 3. Closers - Russwin 4. Miscellaneous - Ives B. HARDWARE SET: Each door to have (type 3 locations) 1 1/2 Pr. Butts 1 Ea. Exterior Hasp 1 Ea. Closer 1 Ea. Stop 1 Ea. Passage Set 1 Ea. Interior Dead END OF SECTION & Padlock Bolt RESTROOM FACILITIES 8700-2 DIVISION NINE - FINISHES All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these specifications. Section 9900 - PAINTING Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide the field painting and staining for the entire project, both interior and exterior; including, but not limited to, the following: 1. Exterior: a. Exposed ferrous and galvanized metal b. Plywood soffits C. T -III Plywood gable ends d. All wood fascia & rake boards 2. Interior: a. Exposed wood framing b. Hollow metal frames C. Exposed ferrous and galvanized metal d. Doors e. Exposed CMU's 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers: 1. Glidden 2. PPG (Pittisburgh Paints) 3. Benjamin Moore 4. Minwax B. Work in this Section must be performed by highly skilled tradesmen thoroughly experienced with commercial work. Part 2 - PRODUCTS 2.01 MATERIALS: A. It is the primary intent that each paint material and finishing material be the best of its respective kind as related to the item and surface to which it is applied. Except as other wise specified. Paint products shall be those of one manufacturer, premixed, ready for application. do not cut or thin in any way unless the nature of the product requires thinning in order to apply it or unless thinning is specified. In such cases, use thinner called for on the label in proper volume ratio recommended by the manufacturer. B. All colors shall be as selected by the Architect. RESTROOM FACILITIES 9900-1 s 2.02 EXTERIOR PAINTING A. Ferrous Metal: 1 coat - Glidden Rustmaster Metal Primer 2 coats - Glidden Speedenamel Omit primer coat when shop primed; spot prime all marred or ruptured shop primer coats with primer specified. B. Galvanized Metal: 1 coat - Glidden Rustmaster Galvanized Metal Primer 2 coats - Glidden Speedenamel C. Wood Siding & Trim: 1 coat - Glidden Spred Prime Coat 3651 2 coats - Glidden Spred House Paint 3600 Series 2.03 INTERIOR PAINTING: A. Wood Framing & Plywood Sheathing: 1 Coat - Glidden Spred Primer/Sealer 2 Coats - Glidden Spred Satin Semi -Gloss Latex Enamel or Flat Latex as selected by the Architect. B. Ferrous Metal: 1 coat - Glidden Rustmaster Metal Primer 2 coats - Glidden Day -Lite Eggshell Enamel or Spred Lustre Semi -gloss Enamel as selected by the Architect. Omit primer coat when shop primed: spot prime all marred or ruptured shop coats with the primer specified. C. Galvanized Metal: 1 coat - Glidden Rustmaster 2 coats - Glidden Day -Lite Lustre Semi -gloss Enamel as D. Concrete Masonry Unit Wall 1 coat - Glidden Ultra -Hide Filler 2 coats - Glidden spred 2.04 OTHER SURFACES: Galvanized Metal Primer Eggshell Enamel or Spred selected by the Architect. Surfaces: Acrylic Latex Block Lustre Semi -Gloss A. Should painting requirements include additional surfaces not included in the foregoing lists of interior and exterior paint, the Architect shall determine the type paint necessary, with not less than tow field coats required in any such instance. RESTROOM FACILITIES . 9900-2 Part 3 - EXECUTION 3.01 PREPARATION: A. The installation of any part of the work of this Section will be construed as an acceptance of the surface over which the painting work is required to be applied. Any condition which does not conform to the specifications and/or is not satisfactory must be reported to the General Contractor prior to commencement of the work and thereafter painting Contractor shall be fully responsible for satisfactory work as required herein. B. Contractor shall thoroughly examine the Construction Documents and premises to determine the full extent of work required. C. All surfaces shall be prepared to receive paint in accordance with the manufacturer's recommendations. 3.02 APPLICATION: A. Time work shall be brush applied. All drywall surfaces shall be roller applied. Provide adequate illumination, evenly spread and smoothly flow all paint to avoid runs, sags, holidays, brush marks, or excessive roller stipple. No spray painting will be allowed. B. Remove and protect hardware, accessories, device plates, lighting fixtures, factory finished work and similar items or provide ample inplace protection. Upon completion of each space, carefully replace all removed items. C. The Contractor shall protect his work at all times and shall also protect adjacent work and materials by suitable covering or other method during progress of his work. The contractor shall take all necessary precautions to prevent fire or fire hazard. He shall remove from the premises all rubbish and accumulated materials of whatever nature not caused by others on a daily basis. Upon completion of the work he shall remove all paint and varnish spots from the floors glass and other surfaces and shall leave his part of work in clean, orderly and acceptable condition. END OF SECTION RESTROOM FACILITIES 9900-3 DIVISION TEN - SPECIALITIES All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Section 10800 - TOILET AND SPECIALTY ACCESSORIES Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide toilet and specialty accessories. 1.02 QUALITY ASSURANCE: A. Acceptable manufacturers for toilet accessories: 1. Miami -Carey 2. Bobrick 3. A.M.I., Inc. 4. Accessory Specialties, Inc. 5. Bradley Corporation 6. McKinney Part 2 - PRODUCTS 2.01 MATERIALS: A. The specialty accessory schedule listed herein shall not be construed as a complete schedule and shall only be considered as an indication of the accessory requirements. It shall be the supplier's responsibility to examine the drawings and to provide all necessary and additional accessories as required. Such items shall be of the same type, quality, and quantity as that scheduled for similar parts of the building. Part 3 - EXECUTION 3.01 INSTALLATION: A. Install in accordance with manufacturer's written instructions and approved shope drawings in the locations indicated on the drawings or as directed by the Architect. B. Soap dispensers shall be mounted in countertops such that end of spout will be over lavatory bowl. C. After installation, thoroughly clean exposed surfaces. Any item that becomes damaged in finish or operation shall be replaced at no additional cost to the Owner. RESTROOM FACILITIES 10800-1 3.02 SCHEDULE A. Specialty Accessories specified herein for the purposed of establishing a basis of quality, design and operation. Accessories by other manufacturers will be acceptable subject to the Architect's approval, provided they provide adequate functions and quality. Materials indicated are by Bobrick and J.L. Industries. All products shall have a brushed stainless steel (or chrome) finish unless otherwise noted. B. Toilet and Specialty Accessories Schedule 1. Men's Toilet: 1 ea. Toilet paper Holder 1 ea. Grab Bars 1 ea. Soap Dispenser 1 ea. Paper Towel Dispenser & Disposal Unit 2. Women's Toilet: 1 ea. Toilet Paper Holder 1 ea. Grab Bars 1 ea. Feminine Napkin Disposal Unit 1 ea. Soap Dispensers 1 ea. Paper Towel Dispenser & Disposal Unit END OF SECTION RESTROOM FACILITIES 10800-2 T DIVISION FIFTEEN - PLUMBING All work in this Division shall comply with all particulars of the General Conditions. Supplementary General Conditions and the General Requirements of these Specifications. Part 1 - GENERAL 1.01 PLUMBING: A. The Contractor shall provide a complete.working plumbing system to serve the construction as shown on the drawings. The systems shall be designed by a qualified designer in accordance with the requirements of the New York State Building and basic Plumbing Code and local plumbing officials at the Contractor's expense. B. The plumbing designer shall consult the complete drawings for this facility and shall design the plumbing system in accordance with this information all applicable codes and standards and good accepted engineering practice. C. The contractor shall be responsible for installing & connecting the existing water service line to the new facility. The New Meter Pit shall be located in the Utility Room. Coordinate all service requirements with the Village of Greenport Utility Department. 1.02 COORDINATION: A. Contractor shall be solely responsible for coordination of his work with the work of other trades, especially with regard to openings, roof penetrations, clearance above ceilings, and routing of ducts, pipes or conduits. RESTROOM FACILITIES 15100-1 Lode ZSLAI J0 _M90 � o _ �_ �2 22 � � u F✓_ el PRrIvIOUI-) RESTROOM LxAT i o N 3 0/ 6AI5fIN4" I�SPHALt" _M PARKIN[, Lori ------ 4000' \PRoPOSI✓0 LocArtoN n i �5 �� q$ 2q T ENraY i — Dorf E : KE Gr�tl IJ BG'i �t S1 I tyla WATER SERVICt TD PRovoor.0 R�STPooM t'AGILI'fY t -%J SOUND NOM. FAr(,W t R&PAIR F-X1'SrINta PARKING Lar PANE.M tc.NT - PROV 106 2' ASPHALT. O VEA 4" STOMC 6LLWO------_-_- $" ¢ VI5fAIW1%A LCAE14 t ub reid- -- r . Lor-KABLE GA5T IRoN FRAME e LbVEP. TYPILAL 1 t I I — 8'4 LEAG4It.1G PooL - -rlfIC-A L d / r Vl =Q ` I l 900 GALLON ' \• ' - s-E.PVIC. 'TANK 1 I� z of SLAB �I.t%YATIoN .i. 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TOILET I 1 14r j t Manufacturer's catalog 18 HIGH CADET numbers specified herein for the purposes of 2 EA. TOILET Ii 010106A - 295C vi In '4!4 ,2"� LAY WHITE ELONG OPEN FRONT quality ✓k design. Fixtures by other manufacturers will W 2 EA. LAVATORY # 9141.011 AMERICAN STANDARD be acceptable subject 'to 27 x 20 WHEELCHAIR LAV. the Architects approval. Kc� Items listed herein shall e4- U z # 7723.018 AMERICAN STANDARD not be construed as a P4 w OFFSET LAV. DRAIN J 14 I 44 shall be the contractors � H # 2103.620 AMERICAN STANDARD responsibility to provide o �� 4 CTR. W/B LAV. FAUCET all necessary and additional 3111 C.S� accessories as required to PRthH AI K 7 EW # W520 - M24 WADE provide a complete CARRIER FOR LAV. installation. N 4 4 TRAQ-- LL --- -i ii 6800 - WC HALSEY / TAYLOR. PLUM [51 OG r ER C14 a W 1 5� O 4�i 7 CASE SROM - - J F Houk, TFiR P PIT FL00R 0 RAI N - -?-- � ! 1 i1 MAT CLOSt:T------0 U + i +i 11 O j2" GRAB f3AR l H844' i L- --- _ _- _ _--- --.1_..-- _ -- ----- --i V -6y OPERA�rt o PLUMbING /L-)RP10 NTS 971 v.cr �ti,.0 W" _ SOUTHOLD BAY AAJ - SCTM # 1000 - 51 - 05 - 01 SCALE: 1" - 3,750'' ftfoS%D occ u pP )R cy = 90 PFOPL6 Mt)IGH CRIT &RIA = 5 GAL / OA*r OGCIJ t'HNT CAA L / DAY fwo DAY CAPAGI?Y = °loo GAL. hb; 900 GSL SEPTIC. -faNC 1� TEST �o��, I O,O (�SPNAL"f" � LOAM 3.01 M PALE BROA MEDIUM -'f0 vER'f 60AR61E.- SAND GRol1Wt) WATER. -- WA- e K t N PALE PR04 M MEDIUM fo VERT COARSt: 51�No PLUMBING FIXTURE SCHEDULE QUANTITY FIXTURE MFG. / MODEL # NOTES: 2 EA. TOILET 0 2108.416 AMERICAN STANDARD Manufacturer's catalog 18 HIGH CADET numbers specified herein for the purposes of 2 EA. TOILET Ii 010106A - 295C vi In establishing a basis of . SEAT WHITE ELONG OPEN FRONT quality ✓k design. Fixtures by other manufacturers will W 2 EA. LAVATORY # 9141.011 AMERICAN STANDARD be acceptable subject 'to 27 x 20 WHEELCHAIR LAV. the Architects approval. Kc� Items listed herein shall U z # 7723.018 AMERICAN STANDARD not be construed as a P4 w OFFSET LAV. DRAIN complete schedule. It 0 shall be the contractors � H # 2103.620 AMERICAN STANDARD responsibility to provide o �� 4 CTR. W/B LAV. FAUCET all necessary and additional P accessories as required to 0 # W520 - M24 WADE provide a complete CARRIER FOR LAV. installation. 1 EA. DRINKING ii 6800 - WC HALSEY / TAYLOR. FOUNTAIN C14 a W vCr- 0-- C4 Z N a a� 0 r A. U H H W vi In . W .�,. tta• Wo Kc� U z H P4 w 0 � H a o one P 0 t.. 0 C14 a W 1 vCr- 0-- C4 0 � d 0 Kf d F/I. [-,,,Vtc) f 1621� PRDYIDFi N 0000 SIDING - oN 2x6, ccA-rRtATt:j? fomlocj 0 K," or,. 9 Dov f✓ I NTfA I cK, 8 t -or PARTMOU5 - l(P. & 2 LOC.ASIONt f �2" �R Fria, oE.O Jot►�t F1l,I.EI� 191 J yJ�IO�G- IO/lo y.1hIF v` 1 MILL VAPOK �•''TNK CoNGR�Tt:t� _ DFRKIEv_ I("I GoNGR&1'>✓ faof{N4,, . 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