HomeMy WebLinkAboutBrushes Creek - Aluminum Box Culvert Installation (2)s
REQUEST FOR
PROPOSALS:
RE PLACEMENT
OF
BRUSHES CREEK BRIDGE
WITH
A NEW
STRUCTURAL PLATE
BOX CULVERT
BRUSHES CREEK
PECONIC BAY BOULEVARD
LAUREL, NEW YORK 11948
-p"j- FEBRUARY 5, 1996
SOUTHOLD TOWN
ENGINEERING DEPARTMENT
PECONIC LANE PECONIC N.Y.
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PROJECT DESCRIPTION
REPLACEMENT OF AN EXISTING BRIDGE AT BRUSHES CREEK WITH THE
INSTALLATION OF A STRUCTURAL PLATE BOX CULVERT.
PECONIC BAY BOULEVARD, LAUREL, NEW YORK 11948
THIS PROJECT INCLUDES THE DISMANTLING AND REMOVAL OF THE
EXISTING BRIDGE SPANNING BRUSHES CREEK. THE WATER MAIN
RUNNING THROUGH THE BRIDGE WILL REMAIN IN SERVICE DURING
CONSTRUCTION.
THE TOWN OF SOUTHOLD WILL SUPPLY THE CULVERT TO BE ASSEMBLED
& INSTALLED BY THE CONTRACTOR. THE DIMENSIONS OF THIS CULVERT
ARE AS FOLLOWS: 19'-5" WIDE x6'-11" HIGH x 30'-0" LONG.
ALL NECESSARY EXCAVATION WORK & REQUIRED DREDGING SHALL BE
PERFORMED BY THE CONTRACTOR.
THE REMOVAL AND TRANSPORTATION OF ALL DEBRIS AND DREDGE SPOIL
GENERATED FROM THIS PROJECT SHALL BE THE CONTRACTORS
RESPONSIBILITY. THIS MATERIAL CAN BE DISPOSED OF AT THE TOWN
COLLECTION CENTER AT NO COST.
THIS PROJECT WILL REQUIRE THE USE OF HDPE GEOGRID & GEOTEXTILE
MATERIAL THAT WILL BE USED TO STABILIZE THE CREEK BOTTOM AND
TO PREVENT FILL FROM WASHING THROUGH ANY OPENINGS THAT REMAIN
IN THE CULVERT OR THE REPAIRED BULKHEAD. ALL NECESSARY
GEOTEXTILE AND BACKFILL MATERIALS SHALL BE SUPPLIED BY THE
CONTRACTOR.
THIS PROJECT WILL REQUIRE THE CONSTRUCTION OF A NEW ROAD
SURFACE TO MEET THE MINIMUM REQUIREMENTS OF THE TOWN HIGHWAY
SPECIFICATIONS. NEW GUARD RAILS WILL ALSO BE REQUIRED.
REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE
ADDRESSED TO THE ARCHITECT: STED, PECONIC LANE, PECONIC, NEW YORK
11958 -ATTENTION -JAMES A. RICHTER, R.A. (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 Project Requirements & Guidelines outlined in the Request for Proposal.
REPLACEMENT OF BRUSHES CREEK BRIDGE
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INDEX TO REQUEST FOR PROPOSAL
PROPOSAL REQUIREMENTS
Request for Proposals
Instructions to Bidders
Proposal Form
Statement of Non -Collusion
N.Y.S. Affirmative Action Certification
AIA Bid Bond
GENERAL CONDITIONS
AIA General Conditions
Supplementary General Conditions
AIA Performance Bond
General Release
Prevailing Wage Rates
Compliance with the Labor Law &
Other Dept. of Labor Regulations
Non -Discrimination Clause
PROJECT REQUIREMENTS & GUIDELINES
General Conditions
Project Requirements & Guidelines
DRAWINGS & ATTACHMENTS
PLAN
CROSS SECTION
NYS DEC Permit
Aluminum Box Culvert Catalog
(CONTECH Construction_ Products Inc.)
A - 1 through A - 1
B-1 through B-3
C - 1 through C - 2
D-1 through D-2
E-1 through E-1
AIA Document # A310
AIA Document # A201
G - 1 through G - 2
AIA Document # A311
H-1 through H-1
SECTION - L
M - 1 through M -10
N - 1 through N - 2
Page 1 through Page 1
Page 2 through Page 4
Dwg. # 1 A
Dwg. # 2 A
Attached
Attached
REPLACEMENT OF BRUSHES CREEK BRIDGE
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REQUEST FOR PROPOSALS ("RFP")
•
PROJECT: THE REPLACEMENT OF AN EXISTING BRIDGE AT BRUSHES CREEK
WITH THE INSTALLATION OF A STRUCTURAL PLATE BOX CULVERT.
The town Board of the Town of Southold will receive proposals for furnishing all of the
labor, materials and equipment as required for the replacement of the Brushes Creek
Bridge located on Peconic Bay Boulevard in Laurel, N.Y. in accordance with the project
requirements & guidelines as outlined by James A. Richter, R.A., Southold Town
Engineering Department, Peconic Lane, Peconic, N.Y.
PHASE I: RFP's 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 - MARCH 21, 1996
PHASE II: (If Required) RFP's will be reviewed and discussed to correct any deficiencies
in the contractors proposal.
PHASE III: Best and Final Offer shall be selected. This request for proposal 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.
All project requirements & guidelines 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 Request for Proposals. There are no
refunds.
The Town of Southold reserves the right to waive any informalities, and to reject any or all
bids, and to retain proposals for 45 days from the date of receipt. The CONTRACTOR
SHALL NOT withdraw his proposal 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.
Peerformance and Payment Bonds in the amount of fifty percent (50%) of the contract
price will be required of the successful bidder.
Dated: February 22, 1996 BY ORDER OF THE SOUTHOLD TOWN BOARD
By: Judith T. Terry
Southold Town Clerk
REPLACEMENT OF BRUSHES CREEK BRIDGE
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INSTRUCTIONS TO BIDDERS
A. PROPOSALS
Proposals must be made in strict accordance with the "Proposal Form" provided. The
bidders shall write in ink, both in words & numerals, the price for which he proposed: to
furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other
facilities, & to perform all labor and services necessary for the proper completion of the
work in strict accordance with the project requirements & guidelines, 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 Request for Proposals 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 & related prices have been reviewed and all proposal deficiencies
have been corrected, 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 has 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 requirements of the project, visit the site of work, and
fully inform themselves of all conditions and matters which can in any way affect the work
or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings,
specifications, or other documents or should he be in doubt as to their meaning, he should
at once notify the Architect who may issue a written instruction to all bidders.
REPLACEMENT OF BRUSHES CREEK BRIDGE
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D. PUBLIC OPENING OF PROPOSALS
Proposals will be opened and read publicly at the time and place indicated in the Request
for Proposals. 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 practical after all deficiencies have been
corrected. A contract may be awarded to a responsible bidder other than the lowest
money bidder, if it is in the best interest of the Town. No bid may be withdrawn after
scheduled closing time for receipt of bids for a period of 45 days pending execution of a
contract by successful bidder. The competency and responsibility of the bidder and his
sub -contractors will be considered in making the award. The Town reserves the right to
waive any technical error, to accept any bid, or to reject any or all bids. The 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 forty-five (45)
days after reviewing the best & final offers submitted by the bidders. 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.
F. WITHDRAWALS OF PROPOSALS
Any bidder upon his or her authorized representative's written request presented not later
than the hour set for the opening thereof, will be given permission to withdraw his proposal.
At the time of opening the proposals, when such proposals are reached, it will be returned
to him unread.
REPLACEMENT OF BRUSHES CREEK BRIDGE
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G. REJECTION OF PROPOSALS
The Town reserves the right to waive any technical error and to reject any and/or all
proposals. Without limiting the generality of the foregoing, any proposal which in
incomplete, obscure, or irregular may be rejected; any proposal accompanied by an
insufficient or irregular certified check or bidder's bond bay be rejected, any proposal
having interlineation, erasure or corrections may be rejected.
H. PLANT & EQUIPMENT
The bidder shall state in his bid that be has available or under his control, plant and
equipment of the character and in the amount required to complete the proposed work
within the specific time.
TIME FOR EXECUTION OF CONTRACT
Any bidder whose proposal shall be accepted will be required to appear before the Town
in person; or if a firm or corporation, a duly authorized representative shall so appear, and
execute six (6) copies of the Contract within ten (10) days after notice that the Contract has
been awarded to him. Failure to execute Contract shall constitute a breach of the
agreement effected by the acceptance of the Proposal.
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 herein before 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.
TIME LIMIT TO COMMENCE AND COMPLETE WORK
The contractor shall perform the work between March 15 & April 15, in the year 1996 and
shall complete the work within the calendar day limit as set forth by him in his Proposal.
During this time, the Town will officially close the road for a period of ten (10) working days.
The actual closure dates will be coordinated with the Contractor prior to start of
construction.
REPLACEMENT OF BRUSHES CREEK BRIDGE
PROPOSAL FORM
DATE: 3 1- k
NAME OF BIDDER: f?A'Z it S I
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 project requirements dated: February 5, 1996, including
bidding requirements, contract, general and special conditions, specifications, contract
drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must
be included as indicated on bottom page); that he has satisfied himself by personal
examination of the proposed work, and by such other means as he may have chosen, as
to the conditions and requirements of the work; and he proposed and agrees that if his
proposal be accepted he will contract to furnish all materials not provided by the Town (See
Specifications) and to perform all the work required to construct, perform and complete the
work at:
BRUSHES CREEK BRIDGE, PECONIC BAY BOULEVARD
TOWN OF SOUTHOLD, LAUREL, NEW YORK
and all other work in connection therewith, in accordance with the project requirements and
addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering
Department, Peconic Lane, Peconic, New York 11958, and shall comply with all the
stipulations contained therein; and that he will start the work as directed by the Town, he
will accept, in full payment thereof as listed below:
REPLACEMENT OF BRUSHES CREEK BRIDGE
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REMOVAL AND DISPOSAL OF THE EXISTING CONCRETE/STEEL BRIDGE
SPANNING BRUSHES CREEK. THE REMOVAL AND DISPOSAL OF ALL GUARD
RAILS, WOODEN BULKHEAD AND THE WESTERLY CONCRETE ABUTMENT.
ASSEMBLY AND INSTALLATION OF NEW STRUCTURAL PLATE BOX
CULVERT, HEADWALLS AND WING PANELS AS SUPPLIED BY THE TOWN.
PROVIDE ALL REQUIRED EXCAVATIONS, GEOGRID & GEOTEXTILE,
BACKFILL MATERIAL, NEW ROAD SURFACE AND NEW GUARD RAILS.
FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN
ACCORDANCE WITH THE PROJECT REQUIREMENTS. THE ABOVE
REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED
"LUMP SUM" OF:
(written in words)
C� L -1,U
c, >
(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, shall have been deposited in the mail addressed to him at the
address given in the proposal, that he shall be considered to have abandoned the contract
and the sum represented by the certified check accompanying this proposal shall be
forfeited to the Town as Liquidated damages; otherwise the certified check shall be
returned to the bidder within forty-five (45) days after the date of receiving the proposals.
We the undersigned, further agree that this proposal shall be reviewed by the Town to
correct any deficiencies in the proposed scope of work and, if no corrections are
necessary, further agree that this proposal is a formal bid and shall remain in effect for a
period of forty-five (45) da the Town I accept or reject thi by mutual
agreement may extend thisklime PPriod.
Signature of Bidde
Business Address: s5- L4MAR S
W, 6A6YLu" Vli`7 I t -1v -i
Telephone Number:
Date: 3
REPLACEMENT OF BRUSHES CREEK BRIDGE
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STATEMENT OF NON -COLLUSION
(To be completed by each Bidder)
In accordance with Section 103-d General Municipal Law, effective September 1, 1966,
every bid or proposal hereafter made to a political subdivision of the State of any public
department, agency, or official thereof or to a fore district or any agency or official 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, an in the case of a joint bid, each party thereto certifies as to its
own organization, under penalty of perjury, that to the best of knowledge and belief:
(1) The prices in this bid have been arrived at independently without collusion,
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 induceanyother
person, partnership, or corporation to submit or not to submit a bid for the
purpose of restricting competition.
B. The person signing this bid or proposal certifies that he has fully informed himself
regarding the accuracy of the statements contained in this certification, and under
the statements contained in this certification, and under the penalties of perjury,
affirms the truth thereof, such penalties being applicable to the bidder, as well as
the person signing in its behalf.
C. That attached hereto (if a corporate bidder) is a certified copy of resolution
authorizing the execution of this certificate by the signature of this bid or proposal
in behalf of the corporate bidder.
REPLACEMENT OF BRUSHES CREEK BRIDGE
D-1
RESOLUTION
Resolved that AeA-z i�av-;s' V- t r be
(Name of Corporation)
authorized to sign and submit the bid or proposal of this corporation for the following
Project:
REPLACEMENT OF BRUSHES CREEK BRIDGE
WITH A STRUCTURAL PLATE BOX CULVERT
Peconic Bay Boulevard
Town of Southold
Laurel, New York 11948
and to include in such bid or proposal the certificate as to non -collusion required by section
one -hundred -three -d (103-d) of the General Municipal Law as the act and deed of such
corporation, and for any inaccuracies or mis-statements in such certificate this corporate
bidder shall be liable under the penalties of perjury.
The foregoing is true and correct copy of the resolution adopted by
corporation at a meeting of the Board of Directors, held on the
ZQ day of "C"
(SEAL OF THE CORPORATION)
Laws of New York, 1965
Ch. 751, Sec. 103-d, as amended
effective September 1, 1965
19 Lk L
REPLACEMENT OF BRUSHES CREEK BRIDGE
D-2
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NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION
(TO BE COMPLETED BY EACH BIDDER)
Bidder's Certifications:
A bidder will not be eligible for award of a contract under this Invitation for Bids unless such
bidder has submitted as a part of its bid the following certification, which will be deemed
a part of the resulting contract:
BIDDER'S CERTIFICATION
(Bidder)
Certifies that:
1. it intends to use the following listed construction trades in the work under the
contract
and,
2. a. as to those trades set forth in the preceding paragraph one hereof for which
it is eligible under Part 1 of these Bid Conditions for participation in the
Nassau -Suffolk County Plan
it will comply with the said County area within the scope of coverage of that
Plan, those trades being:
and/or,
b. as to those trades for which it is required by these Bid Conditions to comply
with Part II of these Bid Conditions, it adopts the minimum minority man-
power utilization goals and the specific affirmative action steps contained in
said Part II, for all construction work (both state and non -state) in the afore-
mentioned area subject to these Bid Conditions, these trades being:
1 c_6 �y c✓ � � v 2Lr`a�t t+r , ' n c � t�c.� r�
and,
3. it will obtain from each of its subcontractors and submit to the contracting or
administerinLertification
rior to the award of any subcontractor under this contract the
subcontract re uire y these Bid Conditions.
(Signature of Authorized Rep)stgentative of Bidder)
REPLACEMENT OF BRUGHES CREEK BRIDGE
E-1
THE AMERI�AN INSTITUTE OF ARCHITECTS
AIA Document A310 BOND NO.:1756235-200
Bid Bond
1756235-200
KNOK ALL MEN BY PATS, that we Araz Industries, Inc.
55 Tamar Street
West Babylon, New York 11704 (Here insert full name and address or legal title of Contractor)
as Principal,hereinafter called the Principal and Utica Mutual Insurance Company
180 Genesee Street
New Hartford, New York 13413 (Here insert full name and address or legal title of Surety)
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 (Here insert full name and address or legal title of Owner)
Southold, New York
as Obligee, hereinafter called the Obligee, in the sum of **5% of the amount of the bid
not to exceed Five Thousand Dollars & 00/100*** Dollars ($ 5,000.00***** )
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 hid for Re*aceme$t of Brushes Creek1ridge,
Here insert u i name, address and description of project
Town of 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 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.
V
(Witness)
Bid Date:03/21/96,Bond Amt:5% of $100,000•
day of March, 19 96
Utica Mutual
AIA DOCUMENT' A310 • BID BOND • AIA @ • FEBRUARY 1970 ED • TAE AMERICAN
IOF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
(Seal)
• State of
• ss.
County of
c
d
4 d On this day of 19 before me personally came
� 3
o
s 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.
S
My commission expires
------------------------Notary Public
-
- — — — — — — --------------
State of
County of
I ss.
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 the
act and deed of said firm.
My commission expires
Notary Public
-----------------------------------------------
State of N V
County of ss.
On this .Z I f f day of MrrQ4_
19 q , before me personally came
C L -
° Mi rrc dra, to me known,
a�
ca who being by me duly sworn, did depose and say tha(he is the I�Q Cllr 1
Qraz Industries, Inc.
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.�9, jffixed by order of the Board of Directors of said corporation, and that he signed his
name thereto by like order. 3
f;l New. Ythe
:25
My commission expires
:_ .; ._ ;u�.'G,_t3 Notary Public
---------------- --------------------
State of NEW YORK j
County of
WESTCHESTER �ss.
On this 21st day of March,
DENISE ALE%ANIAN
96
19 , before me personally came
to me known, who, being by me duly sworn, did depose and say that
he is an attorney-in-fact of UTICA MMAL INSURANCE COMPANY
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 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.
Richard K. Kainz
Notary Public, State of NY
No. KA484 1884
My commission expires_ Qualified in Nassau County _
Commission Expires•07/31/97
CRid # 13 Notary Public
UAA MUTUAL INSURANCE CAPANY
FINANCIAL STATEMENT AS OF DECEMBER 31, 1994
From Annual Report Filed with New York Insurance Department
ASSETS
U.S. Govemmental Direct Guaranteed Bonds... $ 200.590,877
All Other Bonds ............................ 962,506,263
Stocks .................................... 55,036,975
Mortgages ................................. -0-
Cash ...................................... 13,176.439
Equities & Deposits in Pools and Associations.. 7,924,165
Premiums in Course of Collection ............. 77,220,799
Interest Due and Accrued ................... 17,991,080
Other Admitted Assets ...................... 63,155,930
Total Admitted Assets, , , , , , , , ,, , , , , , , , ,, $ 1,397,602,528
LIABILITIES AND SURPLUS
Reserve for All Losses........ , . . _
$ 587.042.298
Unearned Premiums.......... , ,
224,141,510
Reserve for Claim Expense.......
183,332.047
Dividends .....................
7,391,072
Taxes Accrued ................
7.159.046
Federal Income Tax .............
4,060,207
Amounts Withheld on Account
of Others
17,592,711
Provisions for Reinsurance
13.192.580
Miscellaneous Accounts Payable
58,270,593
Total Liabilities
$ 1,102,182,064
Surplus Funds:
Dividend Reserve ...................... $ 2,371,121
General Voluntary Reserve ............. 11500,000
Special Contingent Surplus ............. 1,700,000
Divisible Surplus ....................... 289,849,343
Surplus as regards Policyholders ................. 295,420,464
Total ................................. $ 1,397,602,528
STATE OF NEW YORK
COUNTY OF ONEIDA ss:
W. Craig Heston, Chairman & CEO of the UTICA MUTUAL INSURANCE COMPANY, New Hartford, New York, being duly
sworn, says that he is the above described officer of said Corporation, and that on the 31st day of December, 1994, all of
the assets shown above were the absolute property of the said Corporation, free and clear from all liens or claims thereon
except as above stated, and that the foregoing statement is a full and true exhibit of all assets and liabilities of the said
Corporation at the close of business December 31, 1994, according to the best of his knowledge, Information and belief.
Subscribed and sworn to before me the 19th day of March, 1995.
ROSEMARY WADAS
Notary Putd!c In the State of New York
A.pointed In Oneida County�j
My Commission Expires April 30, 14., r_
8-B-50 Ed. 4-95
Chairman & CEO
Attest
Ser, etary
DTICMUTUAL lNSURANC•COMPANY
NEW HARTFORD, NEW YORK
POWER OF ATTORNEY
NQ 478 17 6235-
INNOMMM
Know all men by these Presents, the UTICA MUTUAL INSURANC=
COMPANY, as a New York Corporation, having its principal office in the Town of New Hartford. County of Oneida, State
of New York, does hereby make, constitute and appoint
Edmund J. Ber�assi, George D. Skinner, Denise Alesanian
New Rochelle, New York
its true and lawful Attorney(s)-in-fact in their separate capacity rt more than one is named above to make. execute, sign,
seal and delivery for and on its behalf as surety and as its act and deed (witnout power of reaeiegation) any and all
bonds and undertakings and other writings obligatory in the nature thereof (except bonas guaranteeing the payment
of Principal and interest of notes, mortgage bonds and mortgages) provided the amount of no one bond or undertaking
exceeds ONE MILLION AND 00/100 ---------------- Dollars(S
n nn
The execution of such bonds and undertakings shall be as binding upon said L7ICA MILT UAL INSURANCE
COMPANY as fully and to all intents and purposes as if the same had been cuiv executec and acknowiedged by its
regularly eiectee officers and its Home Mice in New Hartford, New York.
This Power of Attorney is grantee uncer and by authority of the fcllowinc resciLrEian accctec by the Dire= ors of
the UTICA MUTUAL INSURANCE COMPANY on the 27th day of November, 190;.
' lesorvec, ma: ;rie Presieent of any Vice-Presieent, in coniuncaon witn the Secretary cr anv Assistant Secretary, oe ane titev are nereby
autnorizec and empowered to aaboint Atorneys-+n-fad. of me Company, in its name ancas its a.:s. to execute anc acxnowiecge for enc on itsoenalf as Surety any ane all bonds. recognizances. ccntrac:s of indemnity and all -mer wntincs eoiieatory intrie na:ure mereot. wim -ower ;c
amen tneretc the saw at xte Company. Any suc-n writincs so axerste
nae Dean duly acxnowiecgea by the regwariy electC by suo� Aumf
Oeys-+n-ie snap -e OtnCtn^y u --c., Company as if met'
ee C:hcars of me Company in tneir own prcoar perscns.
'No Tneretere, the signatures of such officers anc me seal of me Campany may be affixec to any suer, Power cf At:cmey oy a facsimile.
anc any sucn Power of Attorney bearing suer. facsimile signatures or seal snail be vaiic anc cinaing ucon me Cam -any.'
In Witness Whereof. the UTICA MUTUAL INSURANCE COMPANY has caused these presents to be signed by its
Aurnorized Officers this 1st aay of December 19 93
Secretary
STAT = OF NEW YORK t
COUNTY OF ONEIDA f ss:
UTICA MUTUAL INSURANCE COMPANY
GJ �
C`airrtaniof me Boarc
Chief Executive Officer
On this 1st day of December 19 93 before me. a Notary Public in and for the State of
New York, personally came W. CRAIG -ASTON and GEORGE WARDLEY to me known, who acxnowiedged execution
of the preceding instrument and, being by me duly sworn, do depose and say, that they are President and Secretary
respectively of U T ICA MUTUAL INSURANC! COMPANY: and that the seal arixed to said instrument is the corporate
seal of UTICA MUTUAL INSURANCE COMPANY; and that the said corporate seal is affixed and their signatures
suinscribed to said instrument by autnorfty and craer of the Board of Directors of said Corporation.
In Testimony Whereof, I have hereunto set my hand at New Hartford. New York, the day and year first above
written.
7914CA.T� os mart' Wad
Ras Notary Puohc
STAT! OF NEW YORK
COUNTY OF ONEIDA ss:
!, S"tePlhen J. Lorenz
MUTUAL INSURANC"- COMPANY do nereo certthat the foregoing is a true anc correct icopy of
a ?ower of Attorney,
Secretary of the UTICA
executed by said UTICA MUTUAL INSURANCE COMPANY, which is still in full force and effete .
In Witness Whereof. I have hereunto set my hand and affixed the Seal of the said Corporation at New Hartford, New
York, this 21st day of March, 19 96
t c a
%ssis"rr Secretary
tr
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 Ptincipal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the 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)
i
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.
T H .E A M E R 1, C A N I N S T I T U T E O F A R C H I T F, C T
o
AIA Docunzelzt A201
General Conditions of the Contract
for Construction
THIS 000,'A1ENT HAS IMPORTANT LEGA1, C0AWf,,Q1IENCF.S: CONSULTATIUA'
U'IT11 AN ATTORNEY IS ENCOUR.IGI?D U'1TF1 RESPECT 7*0 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
i. 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 enclorscd h}• the Associated General Contractors of Americi.
Copyright 191 1. 1915, 1918, 1925, 1937. 1951, 1958. IgG1, 1963. 1900, 1967, 1970, 1976, Oc 1987 hi, The American Institute of Arch itccis. I -c,
Nc w York Avcnuc, N.\�'., 1, ashington. O.C., 20006. Reproduction of the material herein or substantial quotation of Its provisions without �c I Iticn
licrmission of the AIA the colivright laws of the United State's and will he subject to Iepi prosecutions
12 CAUTION: You should use an original AIA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AIA DOCUMEN'r A201 - GENERAL CONDI I IONS OF 1'111. Cr)NTRACT FOR CONS'l MICr)C)N - FoIIRTEF.NI'II EDITION
AJA"' - r11087 Tt 11:: AAI I:IIIc:AN I NS'1'1'1111: 01' A 17 C: 1 I ITF.CTS. 17i N1: W'10HK AVFNI IE, N.\['., W -A SI IINGTC)N, 1).0 21 lof 9, A201-1987 1
WARNING: Unlicensed nhMncopying violates U.S. copyright taws 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.) 0.1. 9.10.3
Access to Work ...... ... ................ 3.16, 6.2.1. 12.1
Accident Prevention .................. ........... 4.2.3, 10
Acts and ( )missions .. 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, 3.1 1
Additional Cost, Ciain)s 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 laid ...................... i .1.1
Aesthetic Effect ............................... 4.2.13, 4.5.1
Allowances ......... .............................. 3.8
Ail -risk Insurance ....................... ......... 1 1.3.1 .1
Applications for Payment .. 4.2.5, 7.1.7, 92, 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,
10.1.2. 11.3.9. 11 3-10
Architect ............ ..... 4.1
Arc'hacct. Definition of. I .......... ............... 4.1 .1
Architect, Extent of Authority ....... 2.4. 3.12.6.4.2, 4.3.2. 4.3.6.
5.2.6.3,7.12,-2.1,7.3.6.7.4. 9?. 9.3. 1.
9 4,
9, r, 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.
3.12.1 I. q.1.2. 4.2.1.4 2.2, 4.2.3, 4.2.6, 1.3.71 4.2.10, 4.2.12,
4.2.13, 4.1.2, 5.2.1.7.4, 9.4.2. 9.6.,i. 9.6 6
Architect's Additional Scrvicesand Expenses .. ... . 2.4.9.8.2,
11.1.1.1, 122.1, 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. 4A. 9.4, 9.5
Architec't's ApprovalsR.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
Architects Decisions....... .. 4.2.6, 4.2.7, 4.2.1 1 , i.2.12. 4.2.13.
-1.32, 4.3.0.-i,J.I..ii.5, 6.3, 7.3.6, 7.1.8, 8.1.3. 8.i.I,
9.2. 9.4, 9.5.1, 9.8.2, 9.9.1. 10.1.2, 13.5.2. 14.2.2, l,i.2A
Arl hitcct .s itlspccltons . . . .. . . . 422, 4.2.9, 4.3.6, 9.4.2, 9.8.2.
9.9.2. 9.10.1, 13.5
Arc'hitect's instructions .. 4.2.6.4.2.7, 4.2.8, 4.1.7, 7.4.1 , 12. 1. J 1.5.2
Architect's Interpretations ................. 4.2.1 1, 4.2.12. 4.3.7
Arc'hitcc•t's On -Site Observations ........ 4.2.2, 4.2.5, 4.3.6, 9.4.2,
9.5.1, 9.10.1, 135
Architects Project Representative 4.2.10
Architect s Relationship -wilh Contractor ....... 1.1.2, 3.2.1. 1.2.2.
3.3.3.3.5.1,3.'.3,3.11,3.12.8,1.12.11,3.16,3.18,4.2.3.4.2.4.
4.2.6. 4.2.12. S.2. 6.2.2, 7.1,4, 9.8.2, 11.1.7.12.1, 13.5
Architects Relationship with SLlhcontnictors . . . . 1.1.2, 4.2.3, 4.2.4,
4.2.6, 9.6.3. 9.61.4, 1 1.3,7
Architects Representations ................. 9.4.2, 9.5.1. 9. 10.1
Architect s Sitc Visits . . . . . .. 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
Asbestos ........ . .... ......................... 10.1
Anornccs Fc•cs ............... .... 3.18.1,9.10.2. 10.1.4
Aw and of Separate Contracts ........................... 6. 1 .1
Award of Subcontracts and Other Contracts for
Portions of the Work ............ ............. ... 5.2
Basic Definitions ........ ........................... 1.1
(lidding Rcyuirenicnts ...... ......... 1 .1 .1 . 1. 17, 5.2.1 , 1 1 a. i
Boiler and Machinery Insurance ..... .......... 11.3.2
Bonds, Lien 9. 10.2
Bonds 1'crformmnc u antl 11acmcnt .. '.1.6.4, 9. 10.3, 1 1.3.9, 1 I .,i
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. I,
9.6.6, 9.7-1, 9.8.3, 9.10.1, 9.10.3. 13.?. 14.1.1.3, 14.2.,i
Certificates of inspection, Testing or Approval ..... 3.12.1 1, 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, 3.1 1, 4.3.8, 4.3.3, 5.2.3.
7.1, 7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10 3, 11.1.1.21
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 i , 4.2.8, 7, 8.3.1, 9.3.1.1, 10.1.3
Claim, Definition of ............................
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 .1
Claims for Concealed or Unknown Conditions .... ..... 4.3.6
Claims for Damages...3.18, 4.3.9, 6.1.1, 6.2.5. 8. 32, 9.5.1.2, 10. L4
Claims Subject to Arbitration ............... . .i 32. -1.4.•i. i.5 I
Cleaning Up ............................ I .. 3.15, 6.3
Commencement of Statutory Limitation Period . .... . 13.7
Commencement oft lie Work, Conditions Relating to .. .. 2.1.2,
2.2.1, 3.2.1, 3.2.2. 3.7.1, 3.10.1, 3. 12.01 4.3.7. 5.2.1.
6.2.2, 8.1.2, 8.2.2. 9.2, 1 1.1.3, 1 1.3.6. 11.4,1
Commencement of the Work, Definition of ..... .. .. .. 8. 1 2
Coniniunications Facilitating Contract
Administration 3 9. f. i 2.4, 5.2.1
Completion, Conditions Relating to ....... 3. 1 1, 3.15. i.2.2, •i ',9,
4.3.2, 9.4.2, 9.8, 9.9.1, 9.10, 11.3.5. 12.2.2, 13.'.1
COMPLETION, PAYMENTS AND .......... ..... 9
Completion. Suhsuintial ..... ... 4.2.9. 4.3.5 2. 8.1.1 , 8. 1 .3, 8.2.3,
9.8. 9.9.1, 12.2.2. 13.7
Compliance with Laws ..... 1.3, 3.6, 3. 7, 3. 13. 4.1.1. 10.2.2. 1 1 .1 .
11.3, 13 1, 13.5.1, 13.5.2, 1126, 14.1.1, 14.2.1.3
Conceaicd or I inknovvn Conditions .. ....... .i.3.6
Condit ions of the Contract ................. 11.1, I.I 0.1.1
Consent, %Vrwen 1 .3.1 . 3. 12.8, 3. 142, 4. 1 .2.
4.3.4, 4.5.5. 9.3.2, 9.8.2, 9.9.1. 9.10.2, 9.10. i. 10. 1.2, 10.1.3,
11.3.1, 11.3.1.4, 11.3.1 I, 132. 13 4-2
CONSTRUCTION BY OWNER OR BY SEPARATE
CONTRACTORS ..... ..................
Construction Change Directive, Definition of
Construction Change Directives .... 1.1.1, 4.2.8, 7.1, 7.3, 9.3.1.1
Construction Schedules, Contractor's ............... 3.10,6 1 .3
Contingent Assignment of Subcontracts ................ 5.4
Continuing Contract Performance .... ...... ...... 4.3.4
Contract, Definition of ............................... 1.1?
CONTRACT, TERMINATION OR
SUSPENSION OF THE ............ . ..... 4.3.7, 5.4. I.1. 14
Contract Administration 3.3.3, 4. 9.4, 95
Contract Award and Execution, Conditions Relating to ...... 3.7. 1,
3.10, 5.2, 9.2, 1 1 .1.3, 1 1,3.6. 1 1 .4.1
Contract Documents, The ................... ... 1.1, 1.17
Contract Documents. Copies Furnished and Use of ... 1 .3, 2.2.5, 5.3
Contract Documents, Definition of .................. . 1.1.1
Contract Performance During Arbitration ......... .. 4 i.4, 4 5.3
Contract Sum ................... 3.8, 4.3.6, 4.3.7, 4.4.4, 5.2.3.
6.1.3, 7.2, 7.3, 9.1, 9.7. 11.3.1, 12.2.4, 12.3, 14.2.4
Contract Sum, Definition of ................. 9.1
Contract Time i.3.6,, 4.1.8.4. i. i, -.2.1 .3, 7.1.
8.2. 1. 8.3. 1. 9.7, 12. 1. 1
Contact 'rime. Definition of ................... .. 8.1.1
AIA DOCUMENT A201 • GF.NF,RAI. CONDITIONS OF THE CONTRACT FOR CONSTRHCTION • FOURTEENTH EDITION
2 A201-1987 AIA' • n IPA- THE AAI ERICAN INS TITUTF. OF ARCI ITECT;¢. 1715 NF.%V YORK AVENIIF. N,W_ WA' ;I IINGTO N. 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, 11.1.1, 14.2.1.1
Contractor's Liability Insurance ....................... 11.1
Contractor 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, 3.18,4.2.3,41.4,4.2.6,
4.2.12, 5.2, 6.2.2, 7.3.4. 9.8.2, 11.3.7, 12. 1, 1 3:5
Contractor's Representations.. 1.2.2, 3.5.1, 3.12.7,6.2-2.81.1,9.3.3
Contractors Responsibility for Those
Performing (tie Work ................. 3.3.2. 3.18, 4.2,3, 10
Contractor's Review of Contract Documents ...... 1.2-2. 3.2, 3.7.3
Contractor Right to Stop the Work ...................... 9.7
Contractor's Right to Tcrn)inattc• the Contract 14.1
Contractor s Submittals ....... 3. 10, 3.1 1. 3.12, 4.2.7, 5.2.1 , 1.2.3,
7.3.6, 9.2. 9.3.1, 9.8.2, 9.9.1. 9. 10.
9.10.3, 10.1.2, 11.4.2. 1 1 A
Contractor's Superintendent 3.9, 10.2.6
Contractor s Supervision and Construction Procc0tires... .. 1.2.4,
C:ontracnta l Liahility Insurance ...... ..... .... 11.1.1.7, 11.2.1
Coordination au)d Correlation .... .. 11.2. 1 .2. 1. 3.3.1 .
3. 10, 3.12.7, 6.1.3, o.2.1
Copies Furnished of Drawings and Specifications ... 1 .3, 2.2 5, 3:11
Correction of Work ..................... 2.3, 2.4. 4.2.1, 9.8.2.
9.9.1, 12.1.2, 12.2, 13.7.1.3
Cost, Definition of 7.3.6. 14,3 S
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, 11.3.11,
1 1 .3.1 .3, It .3.4, 11-3.9, 1 2. 1, 121.1. 12.2.4, 12-1.5, 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, 6i. 1.1 , 6.2.5, 8.3.2, 9.5.1.2, 10.1.4
Damages for Dela}..................... 6.1.1. 8.3,3, 9.5.1.6.9.7
Date of Commencement of the Work. Definition of ......... 8.1.2
Dane of Substantial Completion, Definition of .............. 8.1.3
Day, Definition of ................................... 8.1.4
Decisions of the Architect ...... 4.2.6, 4.2.7, 4.2.1 1, 41.12, 4.2.13,
4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 1 .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, 13.51, 14.2.2. 14.2.4
Decisions to Withhold Certification .......... 9.5, 9.7, 14.1,1.3
Defective or Nonconforming Work. Acceptance.
Rejection and Correction of ............ 2..3, 2.4, 3.5.1, 4.2.1.
4.2.6, 4.3.5, 9.5.2, 9.8.2. 9.9.1. 10.2,5, 12, 13.7.1.3
Defective Work, Definition of ......................... 3.5.1
Definitions .. ... 1 .1 , 2.1 .1 , 3.1 , 3.5.1. 3. 12.1 , 3.12.2, 3.12.3, 4.1 . 1,
4.3-1, 5.1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8. 1, 9. 1, 9.8.1
Delays and Extensions of Time ..... .... 4.3.1, 4.3.8.1.4.3.8.2.
G.1.1. 6.2.3, 7.2.1, 7.3.1, 7.3,4. 7.3.5. 7.3.8,
7.3.9, 8.1.1, 8.3, 1[1.3.1, 14.1.1.4
I )iSputCS ............ 4. 1 .4, 4.3, 4,4, 4.5, 6.2.5. 6.3, 7 3.8. 9.3.1 .2
1)(cun)cnis and Samples at the Site ...................... 3.1 1
Uran inGs, Definition of ........ ................... . 1.1.5
I )ratwings and Specifications. I isc and Ownership of..... 1 .1 .1, 1.3.
2.2.5. 3.11. 5.3
Dun to Review Contract Documents and Field Conditions .... 3.3
Effective Date of Insurance ....... I I ......... 8.21. 1 1.1 ,2
Emergencies ................... . .. i.3 7, 10.3
Employees, Contractor's .......... 3.3.2-3.4.2. 3.8.1. 3.9, 1. 18. 1 .
3.18.2, 4.2.3, 4.2.6, 8.1.2. 10.2, 10.3. 1I.I.I, 14.2.1.1
Equipment, Labor, jklaterials and ..... .... 1 . 1 .3, 1 . 1 .6, iA, 3.5. 1,
3.8.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3,11.1, 4.2.-,
6.2.1, 7. 3A 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, 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. , -.2. 1 .3<8.3. 10.3.1
Failure of Payment h} Contractor ........ . _ . 9.5.1.3, 14.2.1.2
Failure of Payment by Owner 4.1.-,9.7, 1 •i. I
Faulty Work (See Defective or Nonconforming Work)
Final Completion and Final Payment .. . . . 4.2.1. 4.2.9, -i 3,2.
4.3.5, 9.10, 1 1 .1.2, 1 1 .1 .3, 1 1.3 5, 12.3.1 , 1 3.7
Financial Arrangements, Owner's . ...... . .......... 2.2 1
Fire and Extended Coverage Insurance
GENERAL PROVISIONS ..... .. ..... .. ... 1
Governing Law .................... ......... . 13.1
Guarantees (See Warraunv :mel Warranties)
I Iartrdous ,IMatcrials ..................... 10. l , 10.2. i
Identification of Contract Documents 1.2 1
identifir:nion of Suhcuntracton and Suppliers ....... .. 3.?. I
Indemnification ....... 3. 17. 3.18, 9. 10.2, 10. 1A. I 1 .3. 1 .2, 1 1.
Information and Services Required of the Owner. .. 2.1.-), 2.2,
,i.3. t, (r.1 .3, 6. IA, G.2.0. 9.3.3, 9.6.1, 9.(,.•i, 9.8 3, 9.')._',
9,10.3. 10.1.4, 11.2, 11.3. 13.5.1, 135.2
Injury or Damage to Person or Property ..... .. .. ... 4.3.9
Inspections ......................... 3.3.3. 3.1.4. 1.7.1, 4.2.2,
4.2.6, 4.2.9, 4.3.6, 9.4.2. 9.8.2, 9.9.2, 9.1().1, 13.,
Instructions to Bidders .............. ............... 1.1.1
Instructions to the Contractor. . - - 3.8.1, 41.8. 5.2.1. 7, 12. 1, 1 3.5.2
Insurance ....... 4.3 ,9. 6.1.1, 7.3.6.4, 9.3.2, 9.8.2, 9.9.1, 9.10.2. 1 1
Insurance, Boiler and Machinery ......... .. ..... 11.3.2
Insurance, Contractor's Liability ...... .......... 11.1
Insurance, Effective Date of 8.2.2, 1 1.1 .2
Insurance, Loss of Use ................ . 11.3 3
............
Insurance, Owner's Liability ......... ........... .. 11.2
Insurance, Property ..................... ..... 101.5, 11.3
Insurance, Stored Materials .................... 9.3.2. 1 1. 1 .-i
INSURANCE AND BONDS ............................. 11
Insurance Companies, Consent to Partial Occupancy . 9.9.1. 1 1 .3. I 1
insurance Companies, Settlement with ......... ....... I L.A. 10
Intent of the Contract Documents ...... ... ... 1.2.3, 3. 12.-1,
4.2.6,, 4.2.7, 4.2.12, 4.2.13, 7 4
Interest. .......... . ..... I .. . 13.6
Interpretation .... ... 1 .2.5. 1 .4, 1.5, 4.1.1, 4.3 1. 5. I , 6. 1 .2. 8A.-4
Interpretations, \X-ritten 4.2.1 1 , 4.2.12, 4.3.7
Joinder and Consolidation of Clatin)s Required ......... .. 4.5.6
Judgment on Final Award ............. .. 4.5.1. 4. 5. -1. 1, 4.5.7
Labor and Materials, FrImpment .... 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. 3.13, 3.15.1,
4.2.7, 6.2.1. 7.3.6. 9.3.2. 9.3.;3. 12.2.4, 14
Labor Disputes . 8 AI
Laws and Regulations .. .... 1.3, 3. 6, 3.7, 3.1;. 4.1.1, 4. i, 4.5 -.
9.9.1, 1021, 11,1, 11.3. 13. 1, 134, 13.5.1, 13.5.2. 13.(1
Liens .... .... .... ... 11 .2, 4.3.2, 4.3.1. 1. 8.2.2, 9.3.3. 9. 10.2
Limitation on Consolidation or Joinder 4.5.5
Limitations, Statutes of + .4?, 12.2.6, 1 i.-
LimitationsofAuthority 3 3.1, 4. 1. 4.2.1.
ti '.3, 4.2.7, 4.2.10, 5.2.2, 5.2.4, 7. q. 11.3.10
AIA DOCUMENT A201 • GENERA!. CONDITIONS OF THE CONTRACT FOR CONS'rRHC'IION • FOURTEF,NTII EDITION
AIA' • �Z) 108- TIIF AMERICAN INSTITI ATF. OF ARCHITECTS. 1'35 NF.\C' )'ORI: ACFNt'F., N %V , \C'ASHING•I'ON, ILC. 2nn06
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A201-1987 3
•
Linimitionsof Liability 2.3. 3.2.1, 3.5.1, 3.7.3. 3.12.8, 3.12.11,
3.17.3.18.4.2.6,4.2.7,4.2.1:_',6.2.2,9.4.2.9.6.4,9.10.4.
10.1 .4, 10.2.5. 1 1.1.2, 1 1 .2.1, 11_3.7, 13.4.2, 13.5.2
I.inlit:nions of'1"ime, 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, 9.2.7, 4.2.11, 1i 3.2,
4.3.-i.•i.3.(), 4.3.9, i.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, 1 L I .3, 1 1.3.1. 1 1.3.2, 1 1.3.5,
1 1 .3.6, 12.2. 1, 12.2.2. 13 5, 13.7
Linlitalions of Tinte, Specific ......... 2.1.2. 2.2.1, 2.4, 3.10, 3.1 I,
3.15.1.4.2.1,4.'_.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, 1 1.3.6,
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
Alaterials, l laTlldolls H). 1, 10.2.4
materials, l.ahor. I-kimpn)em and I.i.3, 1.1.6. 3.4, 3.5.1, 3.8.2,
1.12.2, 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
Proccdures of Construction .......... 3.3.1, 4.2.3, 4.2.7, 9.4 .2
Minor Changes in the Work .. ..... l . t .1. 4.2.8, 4.3.7, 7.1, 7.4
MISCELLANEOUS PROVISIONS . ................ 13
Modifictions,Definition of ......... ................ 1.1.1
Modifications to the Contract ...... _ .. I .l .1, 1.1.2, 3,7.3, 3.1 1,
4.1.2.4.2.1,5.2.3,-,8.3.1,97
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,
0.5.1, 9.(,.1, 9.-• 9.11), 10,1 2, 10.2.6. 11.1.3. 11.3. 1 2.2 ?,
12.2.4, 13.3, 13.5. t, 13.5.2. 14
Notice, Written '.3, 2.4. 3.9, 3. 12.8, 3.12.9, 4.,
8.2.2. 9.4.11 9.SA. 9.7, 9.10,
1o.2.6, 11.1.3. 11 1, 12.2.2. 11._'.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 ...... 2.3.3. 3.7, 3.13, 7.3.6.4. 11).2.2
Ohservations, Architects On -Sire 4.2.2.4 2.5.
4.3.6. 9.4?, 9.5.1. 9.1(1.1, 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 1)v the Architect 4?.2, 4.2.9, 4.3.6,
9.4.2, 9.8.2. 9.9.2, 9.10 1
On -Site Uhscr\ atinns by the Architect i.2?, 4.3.5 4.3.6.
y. i. 2. 9.5.1, 9. 10. 1, 13.5
( )rders, Wrirlen .... ...... 2.3, 3.9.4.3.7. , 8.2.2, 1 1 .3.9, 12. 1,
12.2, 13.5.2, 14.3 .1
OWNER ... 2
( )\yncr. Definition of ................................. 2.1
Owner, Information and Services Required of the ...... . 2.1.2,
2.2, 4. 3,4, 6. 9, 10.1.4. 1 1.2. 11.3, 13.3 I. 14.1.1.5, 14.1.3
(hrncr's Authority 3.8. 1.4.1 .3, 4.2.9, S.2.1, 5.2.4. 5. i.1 .
-.3.1. 8.2.2. 9.i 1, 9.3.2, 1 I. i.l, 12.2.4. 13 5.2, 1•i.2, 19.3 .1
Owner's Financi:d C:g)abiliry ......... ......... 2.2.1. 14.1 .1 .S
Owner's Liability Insurance 11.2
Owncr's Loss of t Ise Insimince .. ....... ..... ..... I t .3.3
Owncr s Relationship with Subcontractors 1.1.2.
5.°i.I . 9.6.4
Ocyncr's Right to Carry Out the Work .. ..... 2.4, 12.2.4, 14.2.2.2
Owner's Right to Clean Up ... 6.3
0
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,
Ownrr's Right to Suspend the Work ......... ........... 14.3
Owner's Right to Terminate the Contract 1.4.2
Ownership and Use of Architect's Drawings, Specifications
and Other Documents ................ i .1. 1, 1.3, 2.2.5. S.3
Partial Occupancy or Use ................ 9.6.6, 9.9, 1 1.3.1 1
Patching, Cutting and 3.14,6.2.o
Patents, Royalties and 3.17
Payment, Applications for ................ 4.2.5, 9. 2, 9.3, 9.4.
9.5.1,9.83,9.10.1,9.10.3.9.101.4,14.2.4
Payment, Certificates for ........... 4.2.5. 4.2.9, 9.3.3. 9.4, Q. i.
9.6.1. 9.6.6, 9.7.1. 9.8.3. 9.10.1. 9.10.3. 13.7. I i.I.1,3. 11.2.1
Payment, Failure of. . 4.3. , 9.3.1.3•
9.7, 9.10.2, 14 1.1 .3, I i.2.1 .2
Pa\mcnt, final ... ........ .i.2.1, 4.2.9, 4.3.2, 4.3.5. 9.10. 1 1.1 .2.
11.1.3, 11.3.5, 12.3.1
Payment Bond, Performance Bond and - 3.6.4.
9.10.3, 11.3.9, 11.4
Payments, Progress 4.3.4. 9.3, 9.6,
9.8.3, 9.1o.3. 13.(3. 14?.3
PAYMENTS AND COMPLETION .......... ..... ... 9, l 1
Payments to Subcontractors .............. .. .. S.4?. 9 . S . I . 3 .
9.6.2, 9.6.3, 9.6.,3, 11.3.8. 1•i?.1.2
DCII ..
performance Bond and I'm-incnt Rand ... ........... 7.3 6.-i.
9.10.3, 11.3.9.
Permits, Fees and Notices ....... 2.2.3.3.7, 3.13, 3 6. +. 111.1
PERSONS AND PROPERTY, PROTECTION OF ......... 10
Poh•chlorinated Iliphenyl 10.1
Product Data, Definition of .................. ..... 3 12.'
Product Data and Samples, Shop Drawings .... 3.1 1.3.12, ;4.2.
Progress and Completion ........... ...... 4?.2. -1.3.-4. 8.2
Progress Payments . ..... i,3'11.(),3.
9.6, 9.8.3, 9. 10.3. 13 6, I -i.2.3
Project, Definition of the .. 1.1.4
Project Manual, Definition of the .... .. ......... .... 1.1.7
Project i`1anu:ds ........................... ... . .
Project Representatives ............................. 1. l n
Property Insurance ........ ............ ..... 10.2.5. 11.3
PROTECTION OF PERSONS AND PROPERTY. .... 10
Regul:itionsand Laws ...... _ 1.3, 3.6, 3.7. 3.13. 4.1.1. 4.S i,
4.5.7. 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1. 13.5.2, 13.(3. 1-i
Rejection of Work ... 3.5.1. 4.2.6, 12.2
Reieases of Waivers and Liens ........ 9. 111. 2
Representations ........ .......... .... 1.2.2. 1.5.1. i 12 -.
6.1.2. 8.2.1, 9.3.3. 9.4-2, 9.5.1, 9.8.2, (),III.I
Ilepresc mat lyes ..... 2.1 I . 3 1. 1.
4.1.1. 4.2.1, 4.2.10, S.I.1, S.I '. 13._'.1
Resolution of Claims and Disputes ........... .. .. 4.4, .;
Rcsponsihilit�• lor'T•hosc Pcrfonning the \Work .......... 3 i.2.
4.2.3. (,.I .3, ().2, 10
Retainage ... 9.3.1 , 9.6.2, 9.8 ,3, 9.9.1. 9. 10.'_. 9, 1(1 3
Review of Contract Documents and Field
Conditions by Contractor ............ 1 .2 2. 3.2, 3.7.3.3 12.
llevicn• of Contractor's Suhmittals hr•
Owner and Architect 3.10.1.3. I n.2, A. I 1 . 3 12,
,3.2.7.4.2.9, S.3.1, 5.2.3.9',98'
11cyica, of Shop I)ra\yiIIgs. I'n)dtic, Data
and Sanlples by Contractor ...... 1 ' S
Rights and Remedies 1.1 .2. 2.3. 2.4.3 S. I. 3.1 5 '.
4.2.6, 4.3.6, i.S. 5.i. 6.1. 6.3, -3 1. 8 t.l. 9.3.1, 9.-. 10.2.:;.10.3. 12.2.2, 1 2 ' 4, 13.4, I .i
Royalties and Patents . .................. .... 3.17
AIA DOCUMENT A201 • GENERAL CONDITIONS OF l"IIF• CONTRACT FOR (:0N5TRl'<:"LION • FOUR I'F.ENTH EDITION
4 A201-1987 AIA" • ` `198-'1"IIF. AMEItC,W INST"ITl1T"E OF AR(:III"I'FCTS. I?35 NF.\r' 1'OIiK A\'ENIIE. N \W, \C',\tiIIINO1'ON, It( onnh
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W
Rules and Notices for Arbitration . ...................
4.5.2
Safety of Persons and Property .... .....
.. 10.2
Safety Precautions and Programs ...
... -3.2.3. 4.2.7, 10.1
S:unplcs. Derinition of ...............
3.Q) 3
Samples, Shop Drawings, Product Data and
3, 11, 3.12, 4.2.'
Samples at the Site, Documents and .. ............
3.11
Schedule of Values ...... ....... ............
9.2, 9.3.1
Schctlules. Construction ...... ... ........
...... .. 3.10
Scparaic Contracts and Contractors ..........
1.1.4, 1. 14.2. 4.2.4,
. 4.5.5,
6, 1 1.3.7. 12.121. 12.2.5
Shop Drawings, r)cfinition of ................
........ 3.1 2.1
Shop Drawings, Product Data and Samples .... 3.1 1.3.12, 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?.9.
4.3.6, 9.8.2. 9.10.1, 13.5
Site Visits, Architect's .................
'1.2.2, 4.2.5, 4.2.9, 4.3.6,
9.4.2, 9.5.1.
9.8.2, 9.9.2. 9.10. i. 13.5
Special Inspections and resting ..............
4.2.6. 12.2.1, 13.5
Specifications, Definition of the ...... ................
1.1.6
Specifications, The ......... l . 1. t, 1.1.6, 1. t .?, 1.2.4, t .i, 3.1 1
Statutes of Limitations .............. ...
4.5.4?. 12.2.6, 13.7
Stopping the Work ......... . ... 2.3, 4.3.7. 9.7, t tl, f .?, 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 h} .... ... ... ......
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,
90. i, 9.6.4, 10.2.1, H. i.';, 11.3"8,
1-i.1.1. 14.2.1.2, 14.3
Suhmitlah 1 3, 3.2.3, 3.10, 3.1 I,
3.12. 4.2.7. 5.2.1. 5.2.3.
9,2, ().3.1, 9.8.2, 9.9.1. 9.10.2.
9.1(1.3, 10.1.2, 11.1.3
Subrogation, Waivers of ... .... ... ....
6.1.1. 1 1.3.5. 11.3.7
Substantial Completion ......... i.2.9,
,i.3"5.2. 8. I . I. 8 l .i,
82.3.9.8, 99.1,
12.2.1, 12.2.2. 13.7.
Suhscmtial Completion, Definition of..
9.8.1
Substitution of Subcontractors . ...............
.. 5?,3, 5.2.4
Substitution of the Architect ......... .................
Suhslitulions of Materials ....... ..............
...... 3.5.1
Sul)-suhcontracu)r. Definition of ...................
. . 5.1.2
Suhsurface Conditions ........... . .........
. .... 4.3.6
Successors and Assigns ... ........................
13.2
Superintendent ................ ............
3.9, 102.6
Supervision and Construction Procedures
.... . 1.2.4.3.3, 3 A,
4.2.3. 4.3.4, 6.1.3. 6.2.4. 7.1 3, '.i.i,
8.2. 8.3.1. 10. 12. 14
Surcty .. ... 4.4.1, 4.4.4, S.A. 1.2,
9.10.2. 9.10 3. 14.22
Surety. Consent of. .....................
9.9. t, 9.10.2, 9.10.3
Sun evs ...... .............................
2.2.2, 3.18.3
i
Suspension by the Owner for Convenience ... . . 14.3
Suspension ()(the \Cork ............. 4.3.7, S.,i._', 1-4.1.1 i, (, 3.
Suspension or Termination of the Contract ..... i.3.7, ;.�t. 1 1. I.1
Taxes ... ........................... ... 3.6,7.3.6-i
Termination by the Contractor ........................ 14.1
Termination by the Owner for Cause ... . .. .... 5.4.1.1, 14.2
Termination of the Architect 4. l i
Terminntion of the Contrnewr ....................... 14.'
TERMINATION OR SUSPENSION OF THE CONTRACT . . 14
Tests and Inspections ..... 3.3.3, 4.2.6, 4?.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.'_.1 , 2.4, 3.10, 3.1 1 , 3.1 5. I .
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.t. 9.6.1, 9.7. 9.8?, 9.10.2, 11.1.3, 11.3.0, 1 L3.1O.
1 1 .3.1 1, 12.2.2. 12.2.4, 12.1o, 13.7, 14
Time Limits on Claims ......... 4.3.2, 4.3.3, 4.3.6, •3.3.9, 4.4. J.
Title to Work ....................... I ......... 9.3.2. 9.3 i
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. i.2
l Nc of Documents ................. 1. f . i , I . i, Z.2.5, 3. 12.-, ; 3
Use of Site 3.13, ().1.1, 6? 1
Values, Schedule of .. . .............. ........ 9.2,(-) 3 i
Waiver of Claims: Final Payment . ... . ... 4.3.5, 4.5. I. 9.1 n.3
W -.fiver of Claims by the Architect ........ .......... 13A.2
Waiver of Claims h}' the Contractor...... .. 9. 10 -i, 11.3.7, 1 i. -i.2
Waiver of Claims hN" the Owner ........ _ f.3.5. 4. S' i . 9.9.;,
9.10.3, 11.3.3, 1 1.3.5, 1 L3. 13_1i.2
W;iiver of Liens... ............ ..... .. I t) I I).2
%Vaivers of Slihrogation 6 1. 1, 1 1 i.5, 1 1 i.'
Warranty and Wirraniics . ... ...... ....... . 3.5,
4.3.5.3, 9.3-3, 9.8 ?. 9.9.1, 12.2.2. 1 3.7 l.3
Weather Dclays ...................... .. ... 4.3.8?
When Arbitration May Be Demanded .............. 4.5.4
Work. Definition of ............................. I I.,
Written Consent .. . ....... I.3 1 , 3.1 2.8, i. I i.2. 4. i .2. 4.3. 1.
4.5.5, 9.3.2, 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, 11.3 1 1. 1 3. 2. 1 3.4.?
Written Interpretations ............. .... 4.2.1 1. -i.2. 1 2, 3.3 .7
Written Notice ........... 2.3, 2.4, 3.9, 3.12.8, 3. i 2.9, -1, i, i.4."i.
4.5, 5.2.1, 5, 3, 5.4.1.1, 8.2.2, 9.4.1, 9-5.1, 9.7. 9_In, 1().1,2.
10.2.6, 1 1.1.3, 1 1, i, 12.2.2, 12.2.4, 13,3, 13.5.2. 1 v
Written Orders ...... ....................... 2.3. 3.(). 4.3.7.
7, 8.2.2, 11.3.9. 12.1. 12.1,
AIA DOCUMENT A201 • (;h:Ni?RAL CONOrTIONS 017'1'IIE CONTHACT Foli CONSTJOICTlt)N • RAIR"I'1{(:NTo EDITION
AIA'
�' fuH' TIIL AA1E{tICAN INSl'{l'{il'F. <)I ARCIIf"rP.CI'S. I'i5 NF\C' }'OKI AVENIiF.. N.\C'., \C'AS{IIN(;'I'ON,
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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),
(haNvings, 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',,; 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
hetween 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 he 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-
suhcontractor 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
partetlly completed, and includes all other labor, materials,
equipment and services provided or to he provided by the
Contractor to fulfill the Contractors obligations. The Work
nmay 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 ora
part and which may include construction by the Owner or by
separate contractors.
1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Con-
tract Documents, wherever located and whenever issued,
showing the design, location and dimensions of the Work.
generally including plans. elevations, sections, details, sched-
tales and diagrams.
1.1.6 THE SPECIFICATIONS
Time 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. It' 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 he 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 nccessary
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 Werk 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 anv 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 diem 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 suitahh- accounted
for to the Architect, on request, upon completion of the Work.
The Drawings, Specifications :and other documents prcpared
by the Architect, and copies thereof furnished to the Contrac-
tor, are for use solely with respect to this Project. They are not
to he used by the Contractor or any Subcontractor, Suh-
subcontractor or material or equipment supplier on other proj-
ects or for additions to this Project outside the scope of the
AIA DOCUMENT A201 • GENFRAL CONDITIONS OF TI IE ('ONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION
6 A201-1987 AIA' • n 1087 TIIF MAHICAN INSTITUTE. OF ARCI[Il'fiC'rs, 173; NF.IX' YORK AvitNtlr, N.V1. WASHINGTON. 1) C. 000
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Work \vilhout the specific written consent of the Owner and
Architect. The Contractor, Subcontractors, Sub -subcontractors
and material or equipment suppliers are granted a limited
license ro 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 hear the statutory copyright notice, if any,
shown on the Drawings. Specifications and other documents
prepared by the Architect. Submittal or distribution to meet
ol-ficial regulatory' requirements or for other purposes in con-
nection with this Project is not to he construed as publication
in derogation of the Architects 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, Suhpara-
graphs and Clauses in the document Or (3) the titles Of other
clocuntentS puhlished 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" anti "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
• ul L11:1
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 Contr:tct
Documents as if singular in number. The term "Owner" me:uls
the Owner or the Owner's authorized representative.
2.1.2 The O\yner 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
cnforc•c 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
Agrccnlcnt and. \within five clays 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 Contactor, 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
ohligationS under the Contract. [Note: Unless Such rectconahle
ctw1ence werc°,pn•nisbed on request prior to the ereculion o%
the Agweemeut, the prospective contractor would not he
required to eyecrte the Agreement or to commetice the II'ortt:./
2.2.2 The On ner shall furnish 'surveys describing physical
characteristics. legal limitations and utility locations for the site
of the Project, and a legal description of the site.
2.2.3 Except for permits and fees which are the responsibility
of the Contractor under the Contract Documcnts. the O\vncr
shall secure and pay for necessary approvals, easements, essess-
0
ntents and charges required for construction, use or occup:uicy
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 Documcnts.
the Contractor will he furnished, free of charge. such copies of
Drawings and Project btanuals as are reasonably necessary for
execution of the Work.
2.2.6 The foregoing are in addition to other cluties .ind respon-
sihilitics 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 Fonds).
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 cluty on the part
of the Owner to exercise this right for the benefit of the (:on -
tractor or any other person or entity, except to the extent
required by Subparagraph 6.1.3.
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
2.4.1 if the Contractor defaults or neglects to carry out the
Work in accordance with the Contract Documents and fails
within a seven-day period after receipt of written notice from
the Owner to continence and continue correction of such
default or neglect .with diligence and promptness, the O'cvne•r
m;ty after such seven-day period give the Contractor a second
written notice to correct such deficiencies within :t second
seven -clay period. If the Contractor within such second .seven-
day period after receipt of such second notice fails to con)-
nie•nco: and continue to c'orrec't any deficiencies. the• O wjwr
may, without prejudice to other remedies the C1\vncr nim
have, correct such deficiencies. In such case an appropriate
Change Order shall he issued deducting from payments then or
thereafter clue the Contractor the cost Of correcting such defi-
ciencies, including compensation for the Architects additional
services and expenses made necessary by such default, neglect
or failure. Such action by the Owner and amounts charged to
the Contractor are both subject to prior approval of the Aichi-
icc't. If payments then or thereafter due the Contractor are not
sufficient to cover such amounts, the Contractor shall pay the
difference to the Owner.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person Or entity identified as such
in the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Contractor"
means the Contractor of the Contrtctor's authorizcd
representative.
AIA DOCUMENT 1201 • 6F.NF.I2A1. CONDIiiONS OI° TIIF•. CONTRACT FOR CONSTIlUCiION • FOU11TEENT11 EDITION
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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
COmnct 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 hear an appropriate amount of the attributable
costs for correction.
3.2.2 The Contractor shall take field measurements and verifv
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
he reported to the Architect at Once.
3.2.3 'File 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 hest skill and attention. The Contractor
shall he solely responsible for and have control over construc-
tion morons, methods, techniques, SCglICI1CCS 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 he responsihle 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 Architects
administration of the Contract, or by tests, inspections Or
approvals required or performed by persons other than the
Coturactor.
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• Contracior.shall provide and pay for lahor, nimerials, equip-
mcm, tools. construction equipnlc•nt and machinery, water.
heat, utilities. transportation, and other facilities :incl services
nccc.ssary FOr proper execution and completion of the \Fork.
whclhcr wnlpomry or permanent :Incl cvhc•thcr Or not inc'orpo-
mwd Or IO he incorporated in the Work.
3.4.2 'I'll(: Contr'ac'tor shall enforce strict discipline and good
Order among the Contractors employees and Other persons
carrying out the Contract. The Contractor shrill not permit
cniploynlent of unfit persons Or persons not skilled in tasks
assigned u) them.
3.5 WARRANTY
3.5.1 The Contractor warrants to the OR•ner and Architect that
materials and equipment furnished' under the Contract will he
Of good quafity and new unless otherwise required or permit-
ted by the Contract Documents, that the Work will he 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, nlay 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 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 hits arc received or
negotiations concluded, whether or not yet effective or morel
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 pray 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 (;olimict
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 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. I fowever, if the Contractor observes that portions Of tilt•
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
Modific-mion.
3.7.4 If the Contractor performs Work knowing it to be con-
trary to laws, statutes, ordinances, building codes, and rules rand
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 Sunl Al
allowances stated in the Contract Documents. Items covered
by allowances shall be supplied for such anxoults and by such
persons orcntitics as the Owner nmy direct, but the Contractor
shall not he required to employ persons or entities against
which the Contractor makes reasonable Objection.
3.8.2 Unless othcnyisc• provided in the Contract Documents.
.1 nlateri:ils :and CCltlipnI(7f11 under in allt wmicc .shall he
Selected promptly by the Owner u) avoid delay in the
Work:
.2 allowances shall cover the cost to the Contrac'toi erf
materials and equipment delivered at the site and Al
required taxes. less applicahle trade discounts:
AIA DOCUMENT A201 • GF.NF.RAI. CONDIT IONS OF TIIF. CONTRA(, r FOR CONSTRUCTION • FOI'RTFENTn F'nl'IION
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.3 Contractor's costs for unloading and handling at the
site. Ichor, 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 he 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 he similarly confirmed on
written request in each case.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
3.10.1 The Contractor, promptly after being awarcled 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
rciated to the entire Project to the extent required by the Con-
tract Docunncnls, and shall provide for expeditious and prncti-
cahic execution of the Work.
3.10.2 The Contractor shall prepare end keep current, for the
Architects approval, a schedule of Submittals which is coordi-
nated -with the Contrac'tor's construction schedule and allows
clic Architect reasonable time to review submittals.
3:10.3 The Contractor shall conform to the most recent
schcdulcS
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 suhmittals. These shall
tic availahic 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 Dracyings arc dr;mvingS, diagrams, Schedules and
other data specially prepared for the Work by (lie 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 c'h:irts, instructions, brochures, diagrams and other
information furnished by the Contractor to illustrate materials
or equipment for some portion of the Work.
3.12.3 Samplcs are physical examples which illustrate
n1:11c•rials. equipment or worknrunship :incl establish standards
hv c hic'h the Work will he judged.
3.12.4 Shop Drawings, Product D:na. Sannplcs :and similar suh-
miu:rl.s are not Contact Documents. The purpose of their suh-
min:l is m demonstrate for those portions of the Work for
•
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 reviecv, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar
submittals required b} 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, Samplcs or similar submittals until the respective Submit-
tal has been approved by the Architect. Such Work shall he in
accordance with approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product
Data, Samplcs and similar submittals, the Contractor represents
that the Contractor has determined and verified materials, ficid
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 responsibilit%
for deviations from requirements of the Contract Documents
by the Architect's approval of Shop Drawings. Product Data,
Samplcs or similar suhmittals 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 he
relieved of responsihility for errors or omissions in Shop Dracy-
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
eimilar suhmittals, to revisions other than those requested h�
the Architect on precious suhmittals.
3.12.10 Informational suhmittals upon which the Architect is
not expected to take responsive action may he so identified in
the Contract Documents.
3.12.11 VIlien 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 ancf completeness of such calculations and certifi-
cation.".
3.13 USE OF SITE
3.13.1 The Contractor shall confine operations at the site to
areas permitted by law, ordinances, permits and tile Contract
Documents and shall not unreasonably encumber the site with
materials or equipment.
3.14 CUTTING AND PATCHING
3.14.1 The Contractor shall he responsihic for cutting, fitting
or patching required to complete the Work or to make its parts
fit together properly.
3.14.2 The Contnictor shall not damage or endanger a portion
of the Work or fully or partial]%, completed construction of the
Ucvncr or separate contractors by cutting, pinching or othc•r-
eyi.se altering suet construction, or by exe;m•ation. The (:nntrac-
ior shall not cut or otherwise alter such construction by the
AIA DOCUMENT A201 • c;ENERAI. COND111 )NS OF T1IE CONTRACT FOR CONST WICTION • FOURTEENTH FINTION
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A201-1987
•
Owner or a separate contractor except with written consent of
the Owner and of such separate contractor, such consent shall
not he unreasonably withheld. The Contractor shall not unrea-
sonabh withhold from the Owner or a separate contractor the
Contractors 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
n aste 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 he 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, clam -
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 on1v to the extent caused in whole or in part by
negligent acts or ornissions of the Contractor, a Subcontractor,
anvone 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 an,,,. 'person or entity indemnified
under this Paragraph 3.18 by an employee of the Contractor, a
Subcontractor, anyone directly or indirectiv employed by them
or anvone for whose acts they may be liahle, the indemnifica-
tion obligation under this Paragraph 3.16 shall not be limited by
a limitation on amount or type of clanages, compensation or
hcnelits payahlc 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 ohligations of the Contractor under this Paragraph
�.
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 (i) the preparation or approval of maps, dr.I�i ings,
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 Architects authorized
representative.
4.1.2 Duties, responsibilities and limitations of authority, of the
Architect as set forth in the Contract Documents shall not be
restricted, modified or extended without written consent of the
Owner, Contractor and Architect. Consent shall not be unrea-
sonably withheld.
4.1.3 in case of termination of employment of the Architect,
the Owner shall appoint an architect against whom the Con-
tractor makes no reasonable objection and whose status under
the Contract Documents shall be that of the former architect.
4.1.4 Disputes arising under Subparagraphs 4.l 2 and Ii. l.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 descrihed in the Contract Documents, and will he the
Owner's representative (1) during construction, (2) until final
payment is clue 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 tnanner indicat-
ing that the Work, when completed, will be in accordance with
the Contract Documents. However. the Architect will not he
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 Contractors responsibility as provided in Paragraph
3.3. The Architect will not be responsible for the Contractors
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 -
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i mcior. 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
Architects consultants shall be through the Architect. Commu-
nications by and with Subcontractors and material suppliers
sh:dl 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
%York in accordance with Subparagraphs 13.5.2 and (3 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 shad give rise to a duty or responsihility 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 Architects action will be taken with such reasorl-
abie promptness as to cause no delay in the Work or in the
activities of the Owner, Contractor or separate contractors,
whiie 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 suhmit-
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 Constric-
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
d:uc or dates of Substantial Completion ane( the date of final
completion, will receive and forward to the Owner for the
0,wner'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 Docunlents.
4.2.10 if the Owner and Architect agree, the Architect will pro-
vide one or more project representatives to assist in carrying
0
out the Architect's responsibilities at the site. The cluties,
responsibilities and limitations of authority of such project
representatives shall be as set forth in an exhibit to he 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 lie made
with reasonable promptness and within any time limits agreed
upon. if no agreement is made concerning the title within
which interpretations required of the Architect shall be fur-
nished in compliance with this Paragraph 4.2, then delay shall
riot 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 wili tic
consistent with the intent of and reasonably inferable from the
Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, the
Architect will endeavor to secure faithful performance by both
Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so
rendered in good faith.
4.2.13 The Architect's decisions on matters relating; to aesthetic
effect will be final if consistent with the intent expressed in the
Contract Documents.
4.3 CLAIMS AND DISPUTES
4.3.1 Definition. A Claim is a demand or assertion by one of
the parties seeking, as a matter of right, adjustment or interpre-
tation of Contract terms, payment of money, extension of time
or other relief with respect to the terms of the Contract. The
term "Claim" also includes other disputes and matters in qucs-
tion between the Owner and Contractor arising out of or rekii-
ing to the Contract. Claims must be made by written notice.
The responsibility to substantiate Claims shall rest with the
party making the Claim.
4.3.2 Decision of Architect. Claims, including those alleging
an error or omission by the Architect, shall be referred initially
to the Architect for action as provided in Paragraph 4.4. A deci-
sion by the Architect, as provided in Subparagraph 4.4.4, shall
be required as a condition precedent to arbitration or litigation
of a Claim between the Contractor and Owner as to all such
matters arising prior to the date final payment is due, regardless
of (1) whether such matters relate to execution and progress of
the Work or (2) the extent to which the Work has been com-
pleted. The decision by the Architect in response to a Claim
shall not be a condition precedent to arbitration or litigation in
the event (1) the position of Architect is 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 days have passed after the Claim has
been referred to the Architect or (5) the Claim relates to a
Illechallic's lied.
4.3.3 Time Limits on Claims. Claims by either party must be
made within 21 days after occurrence of the event giving rise to
such Claim or within 21 days after the claimant first recognizes
the condition giving rise to the Claim, whichever is later. Claims
must he made by written notice. An additional Claim made
after the initial Claim has been implemented by Change Ordcr
will not he considered unless submitted in a timely manner.
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A201-1987 11
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4.3.4 Continuing Contract Performance. Pending final reso-
lution of a Claim including arbitration, unless otherwise agreed
in writing (tie 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-
aliv 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 rile 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 p Art 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 materialiv 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 Owncr And Contractor in writing, stating the reasons.
Claims by either party in opposition to such determination
must he 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 SUnI or Contract "rime.
the adjustment shall he referred to the Architect for initial deter-
mination, subject to further proceedings pursuant to Paragraph
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. Clain, shall he 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 Clain, for an increase
in the Contract Time, written notice as provided herein shall he
given. The Contractor's Claim shall include an estimate of cost
incl of prohahlc effect of delay on progress of the Work. In the
else Of A continuing delay only one Claim is necessary.
4.3.8.2 If adverse weather conditions arc the hasis fora Claim
for additional time, such Claim shall he 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 til(
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 properry
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 recettlt 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
anv, 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)
nwdify the initial Clain, of (i) notify the Arc'hitec't 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 he 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 he 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.•1.4 shall hC sables, to
arhitration upon written demand of either p:trly. Arhimition
n,:n• he con,l,lenced NOhcn 45 da}s have passed :IhCr A CLtin)
has been referred to the Architect As provided in PArtgn iph 4.3
and no decision has been rendered.
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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, he decided
by arbitration in accordance with the Construction Tndustry
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. Daring 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) anv 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 he
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
arhitration proceedings have been initiated, ,ouch decision may
he entered as evidence, but shall not supersede arbitration pro-
ceedings unicss 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 Suhparagraphs 4.5.1 and 4.5.4 and Clause
4.5.4.1 as applicable. and in other cases within a reasonable
time after the Claim has arisen, and in no event shall it be made
after the date when institution of legal or equitable proceedings
based on such Claim would he barred by the applicable statute
of limiratiorts as determined pursuant to Paragraph 13.7.
4.5.5 Limitation on Consolidation or Joinder. No arbitration
arising out of or relating to the Contract Documents shall
include, by consolidation or joinder or in any other manner,
the Architect, the Architect's employees or consultants, except
by written consent containing specific reference to the Agree-
ment and signed by the Architect, Owner, Contractor and any
other person or entity sought to be joined. No arbitration shall
include, by consolidation or joinder or in any other manner,
parties other than the Owner, Contractor, a separate contrac-
tor as described in Article 6 and other persons substantially
involved in a common question of fact or law whose presence
is required if complete relief is to be accorded in arbitration. No
person or entity other than the Owner, Contractor or a separate
contractor as described in Article 6 shall be included as an orig-
inal third para- or additional third part\• to an arbitration whose
interest or responsibility 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 described therein. The fore-
going agreement to arbitrate and other agreements to arbitrate
xyith an additional person or entity duly consented to by parties
to the Agreement shall he specifically enforceable under appli-
cable law in any court• having jurisdiction thereof.
0
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 arhimi-
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 he
entered upon it in accordance with applicable Ian' in any court
having jurisdiction thereof.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who hats 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 Suhcon-
tractor. The tern "Subcontractor" does not include a separate
contractor or subcontractors of a separate contractor.
5.1.2 A Sub -subcontractor is a person or entity w'Iio 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 Suh-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
fahricated 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 Ownci or
Architect to repiy 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-
sonahle and timely objection. The Contractor shall not he
required to contract with anvone to whom the Contractor has
made reasonable objection.
5.2.3 if the Owner or Architect has reasonable ohjcction to a
person or entity proposed by the Contractor, the Contractor
shall propose another to whom the Owner or Architect has no
reasonable objection. The Contract Sum shall be increased or
decreased by the difference in cost occasioned by such change
and an appropriate Change Order shall he issued. i low ever. no
increase in the Contract Sum shall he allowed for such change
unless the Contractor has acted promptly and responsive) 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 1'111: CONTRACT- FOR CONSTRUCTION • FOURTHF.NTi! EDITION
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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 ht- 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 he 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 suhcontract agreement which may be 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:
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
assignment is subject to the prior rights of the surety,
if any, obligated tinder 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 a(IjUSted.
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 Cl:1im as provided c1sc-
where in the Contract Documents.
6.1.2 When separate contracts are awarded for different por-
tions of the Project or other construction or operations on the
site, the term "Contractor" in the Contract Documents in each
case shall mean the Contractor tyho executes each separate
( )tuner-('.oMractor 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 anv
revisions to the construction schedule and Contract Sum
deemed necessary after a joint review and mutual agreement.
The constntction 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
ro the Project with the Owner's own forces, the Owner shall he
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 :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 separtc
contractors As provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question
between the Contractor and a separate contractor shall be Sub-
ject to the provisions of Paragraph 4.3 provided the separate
contractor has reciprocal obligations.
6.2.6 The Owner and each separate contractor shall have the
same responsibilities for cutting and patching as are described
for the Contractor in Paragraph 3.14.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 if a dispute arises among the Contractor, separate con-
tractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and surround-
ing area free from waste materials and rubbish as described in
Paragraph 3.15, the Owner may clean up and allocate the cost
among those responsible as the Architect determines ul be just.
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTF.FNTIt FDI't'ION'
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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 he 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 he agreed to by the Contractor; an order for a
minor ch:mge in the Work may he issued by the Architect
alone.
7.1.3 Changes in the Work shall he 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
subseqLien t1N7 agreed upon, and if quantities originally con-
Icmplated are so changed in a proposed Change Order or Con-
struction Change Directive that aPplictiion of such unit prices
Io qu:lntitics of Work proposed will cause substantial inequity
I() the ORvner or Contractor, the applicable unit prices shall be
cquitahly adjusted.
7.2 CHANGE ORDERS
7.2.1 A Change Order is a \vrincn instrument prcp:ucd by the
Architect and signed h} the On mer. Contractor and Architect,
suaing their agreement upon all of the following:
1 a change in the Work:
.2 the amount of the adjustment in the Contract Sum, if
:my: and
.3 the extent of the adjusunent in the Contract Time, if
any.
7.2.2 Methods used in detertnining adjustments to the Contract
Sum may include those listed in Suhparagraph 7.3.3.
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive i5 a written order pre-
pared by the Architect and signed by the Owner and Architect,
directing i change in the Work and stating a proposed basis for
adjustment, if any, in the Contract Sum or Contract Time, or
both. The Owner may by Construction Change Directive,
without invalidating the Contract, Order changes in the Work
\within the general scope of the Contract consisting of addi-
tions, deletions or other revisions, the Contract Sum and Con-
tract "rime being adjusted accordingly.
7.3.2 A Construction Change Directive shall he used in the
ahsence 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 he based
on one of the following methods:
1 nttltual acceptance Of a lump sum properly itemized
and supported he sufficient sui)St:uui:wing eLua to per-
mit evaluation:
2 unit prices stated in the Contract Documents or suh-
sc•quc•ntly agreed upon:
3 cost to be determined in a manner agreed uron by
the parties and a mutually accepclble fixeel 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 swings 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 tile purposcs 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 vorkcra or norkmen s
conipcnti:ltion 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, rcrnlit
fees, and .sales, use Or similar taxes related to the
Work; incl
.5 additional costa 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 I)v the Contrac-
tor to the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual net cost as con-
firmed by the Architect. When hath additions and credits
covering related Work or substitutions are involved in a
change, the allowance for overhead and profit shall he figured
on the h:isis of net increase, if any, with respect to that change.
7.3.8 if the Owner and Contractor do not agree with the
adjustment in Contract Time or the method for determining it,
the adjustment or the method shall be referred u) the Architect
for determination.
7.3.9 When the Owner incl Contractor agree with the dctcr-
min:cion malt by the Architect concerning the adiustn)cnts in
the Contract Sum and Contract 'Pint, or othcrR isc reach agrcc-
ment upon the adjustments, such agreement shall he effective
ilnn)ediately and shall he recorded by preparation :md exccu-
tion of an appropriate Change Ordcr.
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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 bate
estahlished 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 "Clay"' ;IS used in the Contctc•t 1)ocuntents .sh:tll
mean calcnd11- clay unless otherwise Specifically defined.
8.2 PROGRESS AND COMPLETION
8.2.1 Time limits stated in the Contract Documents arc of the
essence of the Contract. A}' executing the Agreement the Con-
traciotr confirms that the Contact Time is a re:l.sonable period
four performing the \York.
8.2.2 The Contractor .sh:ill not knowingly, except by agree-
ment or instruction of the Ocvncr in writing, prcntaturc•h• com-
mcn(;c ctpe•rtions on tilt• site or clsc,.yhcic• prior I() the effective
cktc of insurance required by Article I i to be furnished by the
Contractor. The date of commencement of the Work shall not(
he changed by the effective dale of such insunancc. Unless the
(late of commencement is estahlished by a notice to proceed
given by file U«&Ilcf, file CoIllnwmr shall nolify (he ()-,vnc•r in
wiiiing not less than Ih'c daN,s nr oilier agiccel period before
conurtcncing the Work to permit the timely filing of mortgages,
mcchanic's liens and other security• interests.
8.2.3 The Contractor shall proceed expeditiousl}• with ade-
qu:1C 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, unavoidahlc casualties
or other causes hcyond the Cuntractor's control, or by delay
authorized by the Ocvncr pending arbitration, or by other
causes which the Architect determines may justify dela}'. then
the Contract Tinic shall he cmendeel by Change Order for such
reason:Ihlc time as the Architect may determine.
8.3.2 Chums relating to time shall he made in accordance with
applicahie provisions of Paragraph a. i.
8.3.3 This Paragraph 8.3 clues not prec•lucic recovery of dam-
ages for dc•iay by either para under other provisions of tits
(.untracl DOCUmcnls.
•
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum is .stated in the Agreement anti, inclucl
ing authorized adjustments, is the total amount payahlc 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 stfimit 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 hasis for reviewing the Contractor's Applica-
tions for Payment.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 At feast ten clays before the state established for each
progress payment, the Contractor shall subunit to the Architect
an itemized Application for Payment for operations completed
in accordance with the schedule of values. Such application
shall be notarized, if required, and supported by such clad
substantiating the Contractor's right to payment as the Owner
or Architect m;n require, such ;is copies of re•gui.sition.s front
Subcontractors and matcrial suppliers, and reflecting retainage
if provided for elsewhere in the Contract I)ocuments.
9.3.1.1 Such applications ntay include requests li>r paynlcm on
account of changes in the Work which have been properly
aulhori-rcd by Construction Change Directives but nol pct
includc•cl in Changs Orders.
9.3.1.2 Such appfic:tions may not include requcst.s four
mcni of ;iniounts the Contractor docs not intend to pay w :I
Suhcontractor or matcrial supplier hecause of a dispute our other
rcas()Il.
9.3.2 Unless otherwise provided in the Contr:ict Documents,
payments shall he made on account of materials and eguipntenl
delivered and stitahl' stetted at the site for suhsequcnt incor-
poration in the Wotk. 11 approved in :telvancc by flue Owner,
payment ni:iy simikirly be nt:lde for ntateri:ils and cguipnte•nl
suitahh stored off the site ata location :igrecd upon in writing.
Pavincnt for materials and equipment stored on or of( file .site
shall he conditioned upon compliance b\• the Contractor « ith
procedures satisfactory to the Owner to establish the Owner's
title to such materials and equipment or otherwise protect the
O-wner's interest, and shall include applicahie insurance.
storage and transportation to the site for such materials ;ind
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by
an Application for Payment will pass to the Owner no later than
the time of payment. The Contractor further warrants that
upon .submittal of an Application for P;n•ntcnt all Work for
which Certificates for Payment have been previously issued
and payments received from the Owner shall. to the hest of tilt•
Cont rac-tor's knowledge, information and belief. he free and
clear of liens, claims, security interests or encumbrances in
Gtvor of the Contractor. Subcontractors, matcrial suppliers. or
other persons or entities staking a claim by rc:tson of haying
provided lahor, malcrials and equipment relating to the \\ ork.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect will, within .seven days after receipt of the
Contractors Application for Payment, either issue to the
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Owner n Ccrtificaic for Payment, with a colic to the Contrac-
tor. for such amount as the Architect determines is properly
due, or notifw the Contractor and Owner in -writing of the
Architect .s reasons for withholding certification in whole or in
Bart as provided in Subparaginph 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 hest of the Architect's knowl-
edge, information and belief, quafity of the Work it in accor-
dance with the Contract Documents. The foregoing representa-
tions are subject to in 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 Conuact 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 he 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 frorn Subcontractors
and material suppliers and other data requested by the Owner
to substantiate the Contractors right to payment or (4) made
examination to ascertain how or for what purpose the Contrac-
tor has used money previoush• paid on account of the Contract
Sunt.
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 rctsonably necessary to protect the Owner. if in the
Architect's opinion the representations to the Owner required
by Suhliaragralih 9.4 .2 cannot he made. if the Architect is
unahie to certify payment in the amount of the Application, the
Architect will notify the Contractor and Owner as provided in
Suhpan igmph 9.4.1. if the Contractor and Architect cannot
agree on ;1 revised amount, the Architect -will promptly issue a
Certificate for P-mmlent for the anittunt for which the Architect
is ;ihle to make such representations to the Owner. The Archi-
tect nim- also decide not to c'crtifw payment or, because of
subsequently discovered evidence or subsequent observations,
,may nullify the whole ora part of a Certificate for Payment
preciously issued, to such extent as may he necessary in the
Architects opinion to protect the Owner from loss because of:
1 defective Work not remedied;
.2 third party claims filed or reasonahie evidence indicat-
ing probable filing of such claims:
.3 f.iilure of the Contractor to make payments prop-
criv to Subcontractors or for labor, materials or
equipment;
.4 reasonable evidence than the Work cannot be conl-
pletccl lor the unpaid balance of the Contract Sum;
.5 damage to the Owner or another contractor;
.6 reasonable evidence that the Work will not lie com-
pleted -within the Contract Time, and that the unpaid
halance would not he adequate to cover actual or
liquida(Cd damages for the anticipated dchiy; or
.7 persistent failure to earn- out the',Y'ork in accordance
-with the Contract Documents.
9.5.2 When the above reasons for withholding certification arc
remorvcd. certification will be made for amounts prewinush
withheld.
9.6 PROGRESS PAYMENTS
9.6.1 After the Architect has issued a Certificate for P:nmtcnt. .
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 retainer( frons pa»•ments
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 Sebcontrac-
tor, if practicable, information regarding percentages of com-
piction or amounts applied for by the Contractor and action
taken thereon by the Architect and Owncr 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 law.
9.6.5 Payment to material suppliers shall 11e treated in a manner
similar to that provided in Subparagraphs 9.6.2, 9.h.; 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 Pavment.
through no fault of the Contractor, within seven days after
receipt of the Contractors 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 awarders by arbitration, then (lie 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 'Pinar shall he
extended appropriately and the Contract Sum shall he
increased by the amount of the Contractor's reasonahie costs of
shut -clown, delay and start-up, which shall he accomplished as
provided in Article 7.
9.8 SUBSTANTIAL COMPLETION
9.8.1 Suhsuintial Completion is the stage in the progress of- the
Work when the Work or designated portion thereof is suffi-
ciently complete in accordance with the Contract Documents
so the Owner can occupy or utilize the Work for its intended
use.
9.8.2 When the Contractor considers that the Work. ora por-
tion thereof -which the Owner agrees to accept scparatci\-, is
substantially complete, the Contractor shall prepare and submit
to the Architect a comprehensive list of items to he completed
or corrected. The Contractor shall proceed promptly to coo
plete and correct items on the list. Failure to inciude 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 Contractors list, the Architect will
make an inspection to determine whether the Work or cicsig
AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CON"TRACT FC>R CONSTRUCTION • FOURTEENTH EDITION
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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 riot in accordance
with the requirements of the Contract Documents. the COI1trRC-
tor shall, before issuance of the Certificate of Substantial Com-
piction, 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 Suhstantial
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 Upcm Suhstantial 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 Adiusunent 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 i5 consented to by the
insurer :ts required under Subparagraph 1 1.3.1 f and authorized
by public aud)orities batwing 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 e:ich 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
Suhf)aragraph 9.8.2. Consent of the Contractor to partial occu-
panc}� or use shall not be unreasonably withheld. The stage of
the progress of the Work shall he 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 arca
to he occupied or portion of the Work to he used in order to
determine and record the condition of the Work.
9.9.3 finless otherwise agreed upon, partial occupancy or use
()f:i portion or portions of the Work shall not constitute accep-
tance <)f % ork 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 reaciv
for final inspection and acceptance and upon receipt of a final
Application for Payment, the Architect will promptly make
U
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 compicted in
accordance with terns and conditions of the Contract I)ocu-
ments and that the entire balance found to be clue the Contrac-
tor and noted in said final Certificate is due and payable. The
Architect's final Certificate for Pevment 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, hills 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 currenth in effect and will
not he cancelled or allowed to expire until at Ictst 3o cim-s'
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 he renewable to cover the period
required by the Contract Documents, (4) consent of surety, if
any, to final payrnent 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.1 Sulocon-
tractor refuses to furnish a release or waiver required by the
Owner, the Contractor may furnish a bond satisfacton• to the
Owner to indemnify the Owner against such lien. if such lien
remains unsatisfied after payments are made, the Conmiclor
shall refund to the Owner all money that the Owner may he
compelled to pay in discharging such lien, including all costs-
and
ostsand reasonable attorneys' fees.
9.10.3 if, after Substantial Completion of the Work, final con)-
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 subn)it-
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. Tile making of final payment shall
constitute a waiver of claims by the Owner as provided in Suh-
paragraph 4-3.5,
9-10.4 Acceptance of final payment by the Contractor, a Suh-
contractor or material supplier shall constitute a waiver of
claims h}f that pavee except those previously made in writing
and identified by that pa} ee as unsettled at the time of final
Application for Payment. Such waivers shall he in addition to
the waiver described in Subparagraph 4.3.5.
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ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 The Contractor shall he 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
hiphenyl (11(.13) 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 he 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 he resumed in the absence of asbestos or polychlori-
nated hiphcnyl (PCB), or when it has been rendered harmless,
by written agreement of the Owner and Contractor, or in
:accordance with final determination by the Architect on which
arbitration has not been demanded, or by arbitration under
Article 4.
10.1.3 The Contractor shall not he required pursuant to Article
7 to perform without consent any Work relating to asbestos or
poi chlorinated' biphenyl (PCB).
10.1.4 To the fullest extent permitted by lave, 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
f rom performance of the Work in the affected :area if in fact the
niatcri:al is ;ishcsurs or poiyc'hlorinatcd hiphcnyl (PCB) and has
not hecn rendered harmless, provided that such claim, damage.,
loss or expense is attributable to bodily injury, sickness, disease
or dc:uh, or to injury to or destruction of tangible property
(other th:u1 tilt• Work itself) including loss of use resuiting
ihcrcliom, but onh• to the extent cause el in (yhole• or in par by
negligent acts or omissions of the Owner, anyone directiv or
indirectly employed by the Owner or anvone for whose acts
the Ocaner ni:n• he liable, regardless of whether or not such
claim, damage, loss or expense is caused in part by :t party
indcninificd 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
d:nm:age, injury or loss to:
.1 employees on the Work and other persons who may
he :affected thereby;
.2 the Work and tmaieriais and equipment to ho: incorpo-
rated therein, whether in storage on or off the site,
under care, custody or control of the Contractor or
the Contractor's Subcontractors or Sub -subcontrac-
tors. and
.3 Other property at the site or adjacent thereto, such as
trees, shrubs, lawns. walks, pavements, roadways,
strtactures :uul utilities not ciesignatcd for removal. relo-
rrtion Or replacement in the course of construction.
0
10.2 -21 -he 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 10.2.1.2 and 10.2.1.3 caused in whole or in pafit by the
Contractor, a Suhcontn actor, a Sub -subcontractor, or anvone
directly or indirectly emploved by any of them, or by anvone
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 ()oN-ncr
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 attributahle 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 nieniher 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 writing to the Owner and Architect.
10.2.7 The Contractor shall not load or permit any part of the
construction or site to he loaded so as to endanger its salcty.
10.3 EMERGENCIES
10.3.1 in an emergency affecting safcty of persons or properly,
the Contractor shall act, at the Contractor's discretion, to pre-
vent threatened daniage, injury or loss. Additional conlpcilm-
tion or extension of time claimed by the Contractor on account
of an emergency shall he determined as provided in Paragraph
4.3 and Article
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
niay arise out of or result from the Contractor's operations
under the Contract and for which the Contractor may he legally
liable, whether such operations be by the Contractor or by a
Subcontractor or ht• anvone directly or indirectly employed hi•
MIN, of theni, or by anyone for whose acts anv of them may be
liable:
1 claims antler workers' or worknien's compensation.
disahility benefit :and other siniilai- employee henefit acts
which are applicahle to the Work to he performed;
AIA DOCUMENT A201 • GF.NFRA1. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOIJRTEFNTll EDITION
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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 bodih• injury, sickness
or disease, or death of any person other than the Con-
i ractor s employees;
.4 claims for damages insured by usual personal injure
liability coverage which are sustained (1) by a person
as :t 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 liabiiity insurance apph-
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 date of commencement of the Work until date of final
al
and termination of any coverage required to he main -
(allied 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
afforded under the policies will not be cancelled or allowed to
expire until at least �0 days' prior written notice has been given
to the Owner. if any of the foregoing insurance covertgcs are
required to remain in force after final payment and are reason-
abiv availahle. 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 (tie
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-
prtection 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 Unless otherwise provided, the Owner shall purchase
and maintain, in a company or companies lawfully authorized
I() (to business in the jurisdiction in which the Project is
located. property insurance in the amount of the initial Con-
mict Sum :Is Well as subsequent modifications thereto for the
emirs Work at the site on a replacement cost hasis without vol-
untary decluctibles. Such property insurance shall be main-
r,aincd. unicss otherwise provided in the Contract Documents
or otherwise agreed in writing by all persons and entities who
:uc hcneficiaries of such insurance. until final payment hats been
mads as provided ill Paragraph 9.10 or until no person or entity
•
other than the Owner has an insurable interest in the property
required h}• 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 he 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, falsc-
work. temporary buildings and debris retnoval 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-
ertv 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 :uld 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 above, without so
notifying the Contractor, then the Owner shall hear all reason-
able costs properly attributable thereto.
11.3.1.3 If the property insurance requires minimum deducti-
bles and such deductibles are identified in the Contract Docu-
ments, the Contractor shall pay costs not covered because of
such deductibles. If the Owner or insurer increases the required
minimum deductibles above the amounts so identified or if the
Owner elects to purchase this insurance with vOluntan• deduc-
tibic amounts, the Owner shall be responsible for payment of
the additional costs not covered because of such increased or
voluntan 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 of 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 hoiler and machinery insurance
required by the Contract Documents or by law, which shall
SI)CCifically Cover such insured objects during installation and
until final acceptance by the Owner; this insurance shall include
interests of the Owner, Contractor, Subcontractors and Still -
Subcontractors in the Work. and the Ovvncr and Contractor
shall he n: mcd insureds.
11.3.3 Loss of Use Insurance. The Owner, at the Owners
Option. may purchase and maintain such insurance as will
insure the Owner against loss of use of the Owner's propcm
clue to fire or other hazards, however caused. The Ownci
waives all rights of action against the Contractor for loss of use
of the Owner's property, including consequcntiai losses (IIIc to
fire or other hazards however caused.
11.3.4 if the Contractor requests in writing that insurance for
risks other than those described herein or for other special haz-
ards be included in the prof ' insurance polis} . 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 - GENERAL (:ONDIIIONS OF THE CONTRACT FOR CONSTRUCTION - FOt'R'rEF.Nt'I1 FDI'I'1()N
20 A201-1987 AIA' - ?) 1997 THE AIIF.RICAN INST1T111'F OFAR(:Iill'E(:l'S. 173S NEW YORK AVF.NITFi. N V., WASH INGTc )N, 1) C. 2(NH10
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11.3.5 If during the Project construction period the Owner
insures properties, real or personal or both, adjoining or actja-
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 ebbing the construction periost, the Owner shall waive all
rights in accordance with the terms of Subparagraph l 1.3.? for
damages caused by fire or other perils covered by this separate
property insurance. All separate policies shall provide this
"•aivcr 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
c-ancelled 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 emplovees, 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
propert-,v 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 anv, and the suhcontrac-
tors, sub-suhcontractors, agents and employees ofany of them,
by appropriate agreements, written where legally required for
valiclity. similar waivers each in favor of other parties emun-
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
dircetiv or indirectly, and whether or not the person or entity
had an insurable interest in the property damaged.
11.3.8 A loss insured under Owner's property insurance shall
be adjusted by the Owner as fiduciary and made payable to the
Owner as fiduciary for the insureds, as their interests may
appear, subject to requirements of any applicable mortgagee
clause and of Subparagraph 11.3.10. The Contractor shall pay
Subcontractors their just shares of insurance proceeds received
by the Contractor, and by appropriate agreements, written
"-here legally required for validity, shall require Subcontractors
m make payments to their Sub -subcontractors in similar
manner.
11.3-9 if required in writing by a party in interest, the Owner
:is fiduciary shall, upon occurrence of an insured loss, give
hand for proper performance of the Owner's duties. The cost
of rcqulred bonds shall he charged against proceeds received as
fiduciary. The Owner shall deposit in a separate account pro-
ceed.~ so received, which the owner shall distribute in accor-
dance "vith such agreement as the parties in interest may reach,
or in accordance with an arbitration award in which case the
procedure shall he as provided in Paragraph 4.5. if after such
loss no other special agreement is made, replacement of danl-
agcd property shall he covered by appropriate Change Order.
0
11.3.10 The Owner as fiduciary shall have power 11 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 he
made, arbitrators sha11 be chosen as provided in Paragraph i.>
The Owner as fiduciary shall, in that case, stake settlement with
insurers in accordance with directions of such arhitt•ators. If
distribution of insurance proceeds by arbitration is required,
the arbitrators will direct such distribution.
11.3.11 Partial occupancy or otic in;ICCORL•tncc 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 otherovise. The
Owner and the Contractor shall take reasonable steps to ohtain
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 Contnicior shall prompt)
furnish a copy of the bonds or shall permit a copy to he 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
Architects request or to requirements specifically expressed in
the Contract Documents, it must, if required in writing by the
Architect, he uncovered for the Architects 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, bc•
charged to the Owner. If such Work is not in accordance with
the Contract Documents, the Contractor shall pad' 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 hcforc or oiler
Substantial Completion and whether or not Gthricatcd, installed
or completed. 'rhe Contractor shall bear costs of correcting
such rejected Work, including :iddition:d testing and inspec-
tions and compensation for the Architects ser•ice5 :and
expenses made necessary thereby.
12.2.2 If, "•ithin one vc:ir after the date' of Suhstantial Complc-
tion of the Work or designated portion thereof. or :tticr the d;ilc
AIA DOCUMENT A201 - Gl:NFRAL CONDITION', OF THE CONTRACI FOR CONSTRUCTION - FOURTEENTH EDITION
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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 arc not in accordance with the requirements
of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 if the Contractor fails to correct nonconforming Work
within a reasonable time, the Owner may correct it in accor-
dance with Paragraph 2.4. If the Contractor does not proceed
with correction of such nonconforming Work within a reason-
ahle 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 clays after written
notice, the Owner may upon ten additional days' written
notice sell such materials and equipment at auction or at private
sale and shall account for the proceeds thereof, after deducting
costs and damages that should have been borne by the Con-
tractor, including compensation for the Architect's services and
expenses made necessary thereby. If such proceeds of sale do
not cover costs which the Contractor should have borne, the
Contract Sum shall be reduced by the deficiency. If payments
then or thereafter due the Contractor are riot sufficient to cover
such amount, the Contractor shall pay the difference to the
Owner.
12.2.5 The Contractor shall bear the cost of correcting
destroved or damaged construction, whether completed or
partially completed, of the Owner or .separate contractors
caused by the Contractors correction or removal of Work
which is not in accordance with the requirements of the Con-
tract Documents.
12.2.6 Nothing contained in this Paragraph 12-2 shall be con-
strued to establish a period of limitation with respect to other
obligations which the Contractor might have under the Con-
tract Documents. Establishment of the time period of one year
as described in Subparagraph 12.2.2 relates only to the specific
obligation of the Contractor to correct the Work, and has no
relationship to -he time within which the obligation to comply
with the Contract Documents may be sought to be enforced,
nor to the time within which proceedings may be commenced
to establish the Contractor's liability with respect to the Con-
micior's obligations other than specifically to correct the Work.
12.3 ACCEPTANCE OF NONCONFORMING WORK
12.3.1 If the Owner prefers to accept Work which is not in
:accordance with the requirements of the Contract Documents,
dic 0%micr may do so instead of requiring its removal and cor-
rection, in which case the Contract Sum will he reduced as
appropriate and equitable. Such adjustment shall be effected
\holier or not final payment has been made.
u
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the lam of the place
where the Project is located.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Contractor respectively bind them-
selves, their partners, successors, assigns and legal representa-
tives to the other party hereto and to partners, Successors,
assigns and legal representatives of such other party in respect
to covenants, agreements and obligations contained in the Con-
tract Documents. Neither party to the Contract shall assign the
Contract as a whole without written consent of the other. If
either party attempts to make such an assignment without Such
consent, that party shall nevertheless remain legally responsible
for all obligations under the Contract.
13.3 WRITTEN NOTICE
13.3..1 Written notice shall be deemed to have been duh,
served if delivered in person to the individual or a member of
the firm or entity or to an officer of the corporation for which it
was intended, or if delivered at or sent by registered or certified
mail to the last business address known to the partegiving
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 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 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 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 htvcs, ordi-
nances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless other-
wise provided, the Contractor shall make arrangements for
such tests, inspections and approvals with an independent tell-
ing laboratory or entity acceptable to the Owner, or with the
appropriate public authority, and shall hear all relmed costs of
tests, inspections and approvals The Contractor shall give the
Architect timely notice of when and where tests and inspec-
tions are to be made so the Architect may observe such proce-
dures. The Owner shall hear costs of tests, inspections or
approvals which do not become requirements until after bids
are received or negotiations concluded.
13.5.2 If the Architect, Owner or puhlic authorities having
jurisdiction determine that portions of the Work require addi-
tional testing, inspection or approval not included under Sub-
paragraph 13 5.1. the Architect will, upon written authorization
from the Owner, instruct the Contractor to make arrangements
for such additional testing, inspection or approval by an entity
acceptable to the Owner, and the Contractor shall give timely
notice to the Architect of when and where tests and inspections
arc to he made so the Architect may observe sue h procedures.
AIA DOCUMENT A201 • CiENERAI. CONDITIONS OF THE CONTRACT FOR CONSTRICTION • FOIRI F.ENTI l EDITION
22 A201-1987 AIA' • ri 1987 TIIE AMF.RI(:AN INSTIi't1TE OF ARCIltl7(:TS, 17.35 NEW YORK AVENI TE. N C'„ WASHINGTON, i) C 20044,
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i'hc Owner shall bear such costs except as provided in Sub-
ARTICLE 14
p ragraph 13.5.3.
TERMINATION OR SUSPENSION
13.5.3 If such procedures for testing, inspection or approval
OF THE CONTRACT
under Subparagraphs 13.5.1 and 135.2 reveal failure of the
portions of the Work to comply with requirements established
14.1 TERMINATION BY THE CONTRACTOR
hy the Contract Documents, the Contractor shall bear all costs
made necessary by such failure including those of repeated
14.1.1 The Contractor may terminate the Contract if the Work
proceclures and compensation for the Architect's services and
is stopped for a period of 30 days through no act or fault of the
expenses.
Contractor or a Subcontractor, Sub -subcontractor or their
agents or employees or any other persons performing portions
13.5.4 Required certificates of testing, inspection or approval
of the Work under contract with the Contractor, for any of the
shall, unless otherwise required by the Contract Documents, he
following reasons:
secured by the Contractor and promptly delivered to the
.1 issuance of an order of a court or other public author -
Architect.
ity having jurisdiction;
2 an act of government, such as a declaration of national
13.5.5 If the Architect is to observe tests, .inspections or
emergency, making material unavailable;
approvals required by the Contract Documents, the Architect
3 because the Architect has not issued a Certificate for
will do so promptly and, where practicable, at tile
e normal place
,
of testing.
Payment and has not notified the Contractor of the
reason for withholding certification as provided in
13.5.6 Tests or inspections conducted pursuant to the Con-
Subparagraph 9.4.1, or because the•Owner .has not
tract Documents shall be made promptly to avoid unreasonahle
trade payment on a Certificate for Payment within
dclav in the Work.
the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by the
13.6 INTEREST
Owner as described in Paragraph 14.3 constitute in
the aggregate more than 100 percent of the total num-
13.6.1 Payments clue and unpaid under the Contract DOCU-
her of days scheduled for completion. or 120 days in
ments shall bear interest from the (late payment is due at Such
any 365 -day period, whichever is less: or
rate :ts the parties may agree upon in writing or. in the absence
.5 the Owner has failed to furnish to the Contractor
thereof, at the legal rate prevailing from time to time at the place
promptly, upon the Contractor's request, reasonable
where the Project is located.
evidence as required by Subparagraph 2.2.1 .
14.1.2 if one of the above reasons exists, the Contractor mav,
13.7 COMMENCEMENT OF STATUTORY
upon seven additional days' written notice to the Owner and
LIMITATION PERIOD
Architect, terminate the Contract and recover from the Owner
13.7.1 As between the Owner and Contractor:
payment for Work executed and for proven loss with respect
to materials, equipment, tools, and construction equipment
.1 Before Substantial Completion. As to acts or failures -
and machinery, including reasonable overhead, profit and
to act occurring prior to the relevant elate of Suhstan_
damages.
tial Completion, any applicable statute of lintitatic>ns
14.1.3 If the Work is stopped for a period of 00 days through
shall commence to run and any alleged cause of action
no :act or fault of the Contractor or a Subcontractor or their
shall he deemed to have accrued in any anti all events
;agents or employees or any other persons performing portions
not later than such date of Substantial Completion;
of the Work under contract with the Contractor because the
.2 Between Substantial Completion and Final Certifi-
Owner has persistently failed to fulfill the Owners ohligations
Bate for Payment. As to acts or failures to act occur-
under the Contract Documents with respect to matters inapur-
ring subsequent to the relevant date of Substantial
tant to the progress of the Work, the Contractor may, upon
Completion and prior to issuance of the final Certifi-
seven additional days' written notice to the Owner and the
cafe for Payment, any applicable statute of limitations
Architect, terminate the Contract and recover from the Owner
shall commence to run and any alleged cause of
as provided in Subparagraph 14.1.2.
action shall he deemed to have accrued in any and all
14.2 TERMINATION BY THE OWNER FOR CAUSE
events not later than the date of issuance of the final
14.2.1 The Owner may terminate the Contract if the
Certificate for Payment; and
Contractor:
.3 After Final Certificate for Payment. As to acts or
.1 persistently or repeatedly refuses or fails to supple
failures to act occurring after the relevant date of issu-
enough properly skilled workers or proper materials:
ante of the final Certificate for Payment, any appli-2
fails to make payment tU Subcontractors for materials
cable statute of limitations shall conmlence to run and
or labor in accordance with the respective agrccme•nts
anti• alleged cause of action shall he deemed to have
between the Contractor and the Subcontractors:
accrued in any and all events not later than the date of
.3 persistently disregards laws, ordinances, or rules, rcg-
any :act or failure to act liy the Contractor pursuant to
ulations or orders of a public authority batt ing juris-
:uly wnrranty provided under Paragraph 3.5. the elate
diction: or
of any correction of the Work or failure to correct the
Work by the Contractor Under Paragraph 12.2, or the
4 otherwise is guilty of substantia hrcac'h of a provision
dale of actual commission of am• other act or failure
of the Contract Documents.
u) perform any (Ill(\• or obligation ht' the Contractor
14.2.2 When any of the above reasons exist. tilt• ( )wncl. Up„n
or <hvncr. whichever occurs last.
certification by the Architect that sufficient cause existS I() iW-
AIA DOCUMENT A201 • GENERAL CONDITIONS OF T11F. CONTIZAC:T FOR CONSTRUCTION • FOI IRTF.ENTII rmrriON
AIA” • (C) 198-1 Ill: AAIF.RICAN INSTITl11'E OF ARCl irrr.(:-rS. I';5 NEW 1'0IiK AVENtll?. N w_ wASI IIN(TON. 1).C..UnrK, A201-1987 23
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i�
Lify such action, may without prejudice to any other rights or
remedies of the Owner and after giving the Contractor anti 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
n
L�
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'1'1IF CONTRACT FOR CONSTRUCTION • FU1iR'1F.F:NI II I•I)1'IIUN
24 A201-1987 AIA" • (119R- I I IF. AMERICAN INSIITI ITE OF ARCHITCTS. 17A' NEW YORK AVFNI IE, NV:'
.. V ASI IINC;TUN. DC, 20f If K,
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 Change
ARTICLE 11 - INSURANCE AND BONDS
11.1 Contractor's Liability Insurance.
11.1.1 In the first line following the "maintain", insert the words, "in a
company or companies licensed to do business in the state in which
the project is located."
11.1.1 ADD:
.7 Liability insurance shall include all major divisions of coverage
and be on a comprehensive basis including:
(1) Premises - Operations
(2) Independent Contractors Protective.
(3) Products and Completed Operations.
(4) Contractual -including specified provision
for the Contractor's obligations under Paragraph 4.18.
(5) Owned, non -owned, and hired motor vehicles.
(6) Broad form coverage for property damage.
11.1.2 ADD: ... The Contractor shall furnish insurance with the following
minimum limits:
1 Workers' Compensation
a. State and Federal: Statutory
b. Employer's Liability $ 100,000.
REPLACEMENT OF BRUSHES CREEK BRIDGE
G-1
2 Comprehensive General Liability (Including Premises -
Operations; Independent Contractor's Protective; Products and
Completed Operations; Broad form Property Damage):
a. Bodily Injury: $ 1,000,000 Each Occurrence -
$ 1,000,000 Aggregate, Products and Completed
Operations.
b. Property Damage: $ 250,000 Each Occurrence
$ 250,000 Aggregate
C. Products and Completed Operations Insurance shall be
maintained for a minimum period of one year after final
payment and contractor shall continue to provide
evidence of such coverage to the Town on an annual
basis during the Aforementioned period.
d. Property Damage Liability Insurance shall include
Coverage for the following hazards: C (collapse), U
(underground).
e. Contractual Liability (Hold Harmless Coverage):
f. Personal Injury, with Employment Exclusion deleted:
$ 1,000,000 Aggregate.
3 Comprehensive Automobile Liability (owned, non -owned, hired):
a. Bodily Injury: $ 1,000,000 Each Person
$ 1,000,000 Each Accident
b. Property Damage: $ 250,000 Each Occurrence
ARTICLE 12 through ARTICLE 14
No Changes
END OF SECTION
REPLACEMENT OF BRUSHES CREEK BRIDGE
G-2
•
THE AMERICAN INSTITUTE OF ARCHITECTS
I --
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 proiect)
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 ANO LABOR AND MATERIAL PAYMENT BOND • AIA
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 17IS 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 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
Principal) aeili
(Witness)
Title)
(WilnesA
(Sumo') lScaU
1 Title)
AIA DOCUMENT A311 • PERrORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA Q
rEBRUARY 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.
E
r T T
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 tale of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of
Were insert a sum equal to at least one-half of the contract price) Dollars (S
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 OO
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 RD MATERIAL PAYMENT IOIND
7 ,
NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION Is such that, if Principal shall promptly make payment 10 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 day of
(Witness)
(Wilne%%)
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.
19
(Principal) Iseall
(Title)
(Surety) (seal)
(Title)
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL f AYMENT BOND • AIA
FEBRUARY 19711 ED. • THE AMERICAN INSTITUTE Of ARCHITECTS, 17 IS N.Y. AVE., N.W., WASHINGTON, D. C. 2(R)0G
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4
GENERAL RELEASE
(To be submitted with requisition for Final Payment)
KNOWN 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)
and its successors and assigns and administrators, of and from any and all manner of
action and actions, cause and causes of action, suits, debts, dues, sum and sums of
money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies,
agreements, promises, variances, trespasses, damages, judgments, patents, extents,
executions, claims and demands whatsoever in law and equity, which against the said
and
(Owner/Contracting Agency)
JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter
can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever,
from the beginning of the world to the day of the date of these presents rising out of the
construction, in accordance with the contract entered into
between parties hereto, dated: , 19 and any admittance or
supplements thereto.
IN WITNESS THEREOF, the undersigned corporation has caused this
agreement to be signed by its
its corporate seal to be hereto affixed and duly attested by
its this day of
Attest:
Principal:
REPLACEMENT OF BRUSHES CREEK BRIDGE
H-1
19
PREVAILING WAGE RATES
ATTACHMENT
WAGE RATE DETERMINATION
for
BRUSHES CREEK BRIDGE DEMOLITION & REPLACEMENT
WITH A STRUCTURAL PLATE BOX CULVERT
at
PECONIC BAY BOULEVARD
BRUSHES CREEK
LAUREL, NEW YORK 11958
SECTION - L
• 9 �
�! YORK STATE DEPARTMENT OF LABOR
BUREAU OF PUBLIC WORK
STATE OFFICE BUILDING CAMPUS
ALBANY, NY 12240
T/0 SOUTHOLD TOWN HALL
JAMES RICHTER
SOUT14OLD HIGHWAY DEPT.
PECONIC LANE
PECONIC
NY 11958
Schedule Type - COMPLETE
Date 02/14/96
Refer to:
PREVAILING RATE CASE NO.
PRC 9601033 SUFFOLK COUNTY
Location and Type of Project
PROJECT ID N: NONE
BRUSHES CREEK -CULVERT
REPLACEMENT,REMOVE &
REPLACE BRIDGE CULVERT
PECONIC BAY BLVD.,SOUTHOL
1995A
R
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 responsibility 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, 1995 through June 30, 1996,
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.#12Campus Albany,NY 12240 65 Court St. Suffalo,NY14202
155 Main St. W. Rochester,NY 14614 30 Wall St. Binghamton,NYi3901
175 Fulton Ave—Hempstead NY 11550 333E.WashingtonSt.Syracusel3292
207 Genesee St. Utica, NY 13501 30 GlennSt.,White PlainsNYiO603
PW -200 (4-95) 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 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.
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 a 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 1st of each year. The prevailing
rate of wage for the period commencing July fist 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 ascertainable
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 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 subcontractor will be required to furnish
written evidence of registration of its program and apprentices
as well as of the appropriate ratios and wage and supplement
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. (Section 220-e(c))
(d) The cont may be cancelled or terminated by0e State
or municipality, and all moneys due or to become due
thereunder may be forfeited, for A second or anysubsequent
violation of the terms or conditions of the
antidiscrimination sections of the contract. (See Section
220-e(d))
(a) All contractors or their subcontractors shall provide to
their subcontractors 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 S or the Labor Law. (See Section
220-e(d))
(b) All subcontractors engaged by a public improvement
contractor or its subcontractor, upon receipt of the
original schedule and any subsequently issued schedules,
shall provide to such 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 (4-95).
ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS
ENGAGED ON PUBLIC WORK PROJECTS IN NEW YORK STATE
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 a 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
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:
I. Name 2. Address and phone number 3. Social Securtity Number, 4.
Occupational classification in which worked, 5. Hourly wage rate paid 6.
Supplements provided 7. Daily and weekly number of hours worked in each
classification S. 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 notorized 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 5 days after a request produce at the work site the
oroginal 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.
APPRENTICES: Employees cannot be paid apprentice rates if they are not
individually registered under a program or agreement registered with the
Commissioner of Labor. The contractor or subcontractor will be required to
furnish written evidence of the registration of its program and apprentices and
of the appropriate ratio. The allowable ratio of apprentices to journeymen in
any craft classification can be no greater than the ratio permitted to the
contractor or subcontractor as to its work force on any job under the
registered program. An employee listed on a payroll as an apprentice, who is
not registered as above, must be paid the prevailing journeyman's wage rate for
that classification of work.
WITHHOLDING Of PAYMENTS: When a complaint is filed with the Commissioner of
Labor alleging the failure of a contractor or subcontractor to pay or provide
the prevailing wages or supplements, or when the Commissioner of Labor believes
that unpaid wages or supplements may be due, payments on the public work
contract may be withheld from the prime contractor in a sufficient amount to
satisfy the alleged unpaid wages and supplements, including interest and civil
penalty, pending a final determination.
INTEREST AND PENALTIES: If an underpayment of wages or supplements is found,
interest must be added at the rate then in effect prescribed by the
Superintendent of Banks pursuant to section 14-a of the banking law per annum
from the date of underpayment to the date of the new payment, and may also
include the imposition of a civil penalty not to exceed 25% of the amount due.
DEBARMENT: When final determinations have been made against a contractor or
subcontractor in two instances within a six-year period determining that it
willfully failed to pay or provide the prevailing rate of wages or supplements,
such contractor or subcontractor will be ineligible to bid on or be awarded a
public work contract for a period of five years from the second final
dtetermination.
NOTICE TO CONTRACTORS (Continued)
CRIMINAL SANCTIONS: Willful violations of the Prevailing Wage Law (Article 8 ,
of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment,
or both.
DISCRIMINATION: No employee or applicant for employment may be discriminated
against on account of age, race, creed, color, national origin, sex, disability
or marital status. Every employer subject to the New York State Human Rights
Law must conspicuously post at its offices, places of employment or employment
training centers, notices furnished by the State Division of Human Rights.
POSTING OF OTHER NOTICES: Every employer providing worker's compensation
insurance and disability benefits must post in a conspicuous place notices of
such coverage in a form prescribed by the Workers' Compensation Board.
Employers liable for contributions under the Unemployment Insurance Law must
conspicuously post notices furnished by the State Department of Labor.
PW 19 (4-95) ......
docm: letter2b
Z'
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 ist
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 agents to
provide all prevailing rate schedules to contractors immediately upon receipt.
Any rate change from a previously issued determination becomes effective July
lst 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 (4-95) docm: letterd
� F �
V
r
VERIFYING THE REGISTRATION APPRENTICES
1
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 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 appreritices 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
conclusive 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 (4-95)
docm: letter2e
7
T/0 SOUTHOLD TOWN HALL
JAMES RICHTER
SOUTHOLD HIGHWAY DEPT.
PECONIC LANE
PECONIC NY 11958
NEW YORK STATE DEPT. OF LABOR
Bureau of Public Work
State Office Building Campus
Albany, NY 12240
SUFFOLK COUNTY
AGY. OF JURIS. : TOWN
NAT. OF PROJECT: HEAVY & HWY CONS -NEW & REPAIR
Schedule Type
COMPLETE 1995A
Date 02/14/96
Prevailing Rate Case No.
9601033 01
PROJECT ID #:NONE
BRUSHES CREEK -CULVERT
REPLACEMENT,REMOVE &
REPLACE BRIDGE CULVERT
Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith.
Sec.220.3a of the Labor Law requires that certain information be furnisheto the Commissioner of Labor.
Accordingly,' you MUST complete ONE of these requests for EACH prime contract let immediately upon
notifying a successful bidder for this Public Work: project. Photocopy as many blank forms as required to
supply one for each contractor.
Return this request to the address given above
❑ Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and
supplements will be requested.
❑ CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.)
❑ Letter of Intent ❑ Contract Signed ❑ Resolution
Work to be done by this prime contractor:
Type of Contract: CHECK APPLICABLE TYPE
(01) General Construction (02) Heating/Ventilation El (03) Electrical
(04) Plumbing ❑ (05) Other
Contractor Information: ALL INFORMATION MUST BE SUPPLIED
Federal Employer Identification Number:
Name:
Address:
City: State: _ Zip:
Amount of Contract Approximate Starting Date:
Approximate Completion Date:
Estimated Date Entire Project Will be Completed: —�L—
CONTRACTS NOT YET AWARDED
Type of Contract (Check all applicable contract types)
❑(01) General Construction (02) Heating/Ventilation ❑ (03) Electrical
x(04) Plumbing ❑ (05) Other
• Signature Date
• vw-i6 0-9 11
Page 1
PREVAILING RATE SCHEDULE
T
New York State. Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
INSTRUCTIONS
PREVAILING RATE SCHEDULE INFORMATION
The information listed below is provided to assist you in the
interpretation of particular requirements, for each classification of worker,
contained in the attached Schedule of Prevailing Rates.
HOLIDAYS
PAID
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.
OVERTIME
Overtime holiday pay is the premium pay that is required for work
performed on specified holidays. It is only required where the employee
actually performs work on such holidays. "The applicable holidays are listed
under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays
can be found in the OVERTIME PAY section listings for each classification.
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 i 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.
Workers Compensation
In accordance with Section 142 of the State Finance Law, the contractor
shall maintain coverage under the life of the contract for the benefit of such
employees as required by the provisions of the New York State Workers
Compensation Law.
-Contractor to be awarded contract must provide proof of Workers'
Compensation coverage prior to being allowed to begin work.
-The policy of insurance must be issued by a company authorized to provide
Workers' compensation coverage in this state.
-Proof of coverage must be on form C-105.2 (certificate of wokers'
compensation insurance) and must name this agency as a certififcate
holder.
-If New York State coverage is added to an existing out of state policy,it
can only be added to a policy of a company authorized to write workers'
compensation coverage in this state,and the coverage must be listed
under item 3A of the information page.
i
Page 2
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
-The contract must maintain proof that subcontractors doing work covered
under this contract secure and maintain a workers' compensation policy
for all employees working in New York State.
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.
(7/01/93)
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.
Bi) 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 hour'§ per day.
Ci) 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 ist 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
�0
(7/01/91)
t /
Page 3
PREVAILING RATE SCHEDULE
New York
State
Department of Labor
T----------------------------------Case
Number ----------------------------------
9601033
-------------------------------------------------------------------------------
SUFFOLK
i995A
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.
( i
) 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)
t /
Page 4
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
ASBESTOS WORKER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Asbestos Worker....... $ 29.27 addit.
$0.75
WAGES (per hour)
8/01/94- 8/01/95-
7/31/95 12/31/95
rem./abatement only... $ 19.75 $ 20.25
OVERTIME: See ( C, 0, T+, V ) on OVERTIME PAGE attached.
overtime code T• applies to Labor Day only if worked.
OVERTIME: rem./abatement: See ( B, E. J ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE attached.
APPRENTICES: (,1 ) year terms at the following percentage of Journeyman's
rates.
1st 2nd 3rd 4th
50% 60% 70% 80%
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman $ 17.75
Apprentices Same % as
wages of
$ 17.75
Journeyman
rem & abatement $ 6.41
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-12
BOILERMAKER
WAGES(per hour) 9/01/94- 9/01/95-
8/31/95 8/31/96
Boilermaker ........... $ 30.33 31.35
OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID:See ( 8, 16, 23, 24 ) on HOLIDAY PAGE attached.
OVERTIME:See ( 4, 6, 7, 11, 12 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's
wage
ist 2nd 3rd 4th 5th 6th 7th 8th
60% 65% 70% 75% 80% 85% 90% 95%
SUPPLEMENTAL BENEFITS:(per hour worked)
$3.40 $3.40
plus 47% plus 47%
of Wage of Wage
Rate Rate
Listed supplements apply to ALL classifications ( X )Yes ( )No. 4-5
40 . -
0 fZ
Page 5
PREVAILING RATE SCHEDULE
New York State Department of Labor
t-'---------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
CARPENTER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Building:
Millwright ........... $ 27.71 $ 28.53
OVERTIME PAY: See ( B, E2, F, R ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 18, 19 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8, 10, 11, 13 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage.
1st. 2nd. 3rd. 4th.
55% 65% 75% 95%
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman $ 19.23 $ 19.45
Appr 1st term• 12.32 12.57
Appr 2nd term 13.50 13.75
Appr 3rd term 15.26 15.51
Appr 4th term 17.02 17.27
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-740
CARPENTER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Carpet/Resilient
Floor Coverer $ 27.98 $ 28.49
OVERTIME PAY: See ( B, E, E2, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 18, 19 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 11, 13, 16 ) on HOLIDAY PAGE attached.
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. 8-2287
CARPENTER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Piledriver........... $ 27.98 $ 28.49
Dockbuilder.......... 27.98 28.49
OVERTIME PAY: See ( B. E, E2, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 11, 13 ) on HOLIDAY PAGE attached.
Page 6
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
APPRENTICES: ( i ) 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
CARPENTER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Marine Construction:
Marine Diver .......... $ 34.05 $ 34.69
Tender.... 25.56 26.01
OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 11, 13 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL 8ENEFITS:(per hour worked) " See below. 8-1456/D
CARPENTER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Timberman $ 25.69 $ 26.15
OVERTIME: See ( B, E, E2, Q ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 11, 13 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage.
Ist. 2nd. 3rd. 4th.
40% 50% 65% 80%
SUPPLEMENTAL BENEFITS:(per hour worked) - See below. 8-1536h
CARPENTER
The following Supplemental Benefits apply to the preceding Carpenter categories
and/or occupational titles unless otherwise noted.
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman: $ 17.05 $ 17.55
Apprentices: 11.72 11.96
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-nyc/supp
CARPENTER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Building:
Carpenter ............... $ 27.74 $ 0.98 additional
Heavy/Highway:
Carpenter ............... $ 27.79 $ 0.98 additional
L
Page 7
PREVAILING RATE SCHEDULE
New York State Department of Labor
--`--------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
OVERTIME PAY: See ( A. E, Q ) on HOLIDAY PAGE attached.
HOLIDAYS:
PAID:See ( i ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6. 10, 16 ) on HOLIDAY PAGE attached.
APPRENTICES: ( i ) year terms at the following percentage of journeyman's wage.
1st 2nd 3rd 4th
40% 55% 65% 80%
SUPPLEMENTAL BENEFITS:(per hour worked)
$16.44 $16.44
Listed supplements apply to ALL classifications ( X )Yes ( )No. 4-SUF
ELEVATOR
WAGES (per hour) 7/01/95-
6/30/96
Elevator Constructor... $ 31.31
Helper'........ 23.48
Modern. & service.. 27.33
" Helper 20.50
OVERTIME PAY:CONSTR. See ( C, M, T ) on OVERTIME PAGE attached.
OVERTIME PAY:MODERN./SERV. See ( B, F, S ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS:(per hour worked)
Construction $ 9.52
Modern./Service $ 9.37
Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-1
GLAZIER
WAGES(per hour) 7/01/95-
6/30/96
Glazier .............. $ 25.10
OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE attached.
APPRENTICES: ( I ) year terms at the following percentage of Journeyman's wage.
1st 2nd 3rd 4th
35% 45% 60% 80%
/ f-
Page 8
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman $ 16.27
Appr ist term 8.98
Appr 2nd term 10.32
Appr 3rd term 11.20
Appr 4th term 12.31
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-1087
ELECTRICIAN
WAGES(per hour) 5/01/95- 5/01/96- 5/01/97-
4/30/96 4/30/97 4/30/98
Electrician............ $ 30.35 $ 31.35 $ 32.35
Fire Alarm ............. 30.35 31.35 32.35
Audio/Sound............ 30.35 31.35 32.35
OVERTIME PAY: See Following Note* plus ( B*, 0 ) on OVERTIME PAGE attached.
Note*: 9th, 10th, & 11th hours of weekdays to be paid at 1 1/2 times straight
time rate.
All additional.•weekday hours double time..•
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE attached.
Apprentices: ( i ) 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)
5/01/95- 11/01/96- 11/01/97-
10/31/96 10/31/97 4/30/98
Journeyman 43.5% + 43.5% + 43.5% +
$4.30 $4.55 $4.83
App 1st yr 33% + 33/, + 33% +
$4.30 $4.55 $4.83
App 2nd yr 43.5% + 43.5% + 43.5% +
$4.30 $4.55 $4.83
App 3rd yr 43.5% + 43.5% + 43.5% +
$4.30 $4.55 $4.83
App 4th yr 43.5% + 43.5% + 43.5% +
$4.30 $4.55 $4.83
App 5th yr 43.5% + 43.5% + 43.5% +
$4.30 $4.55 $4.83
App 6th yr 43.5% + 43.5% + 43.5% +
$4.30 $4.55 $4.83
4-25
Security Alarm Technician:
7/01/91-
6/30/92
Journeyman: $ 15.00
OVERTIME PAY: See ( B, S ) on OVERTIME PAGE Attached
HOLIDAYS:
PAID: See ( 5, 6, 10 ) on HOLIDAY PAGE attached
OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE attached
SUPPLEMENTAL BENEFITS: ( per hour worked )
17 & 1/2% + $ .10 4-25
APPRENTICES:
( i ) year terms at the following
percentage of journeyman's wage.
1st. 2nd.
3rd. 4th.
5th. 6th.
Page 9
''40% 50%
PREVAILING
RATE SCHEDULE
SUPPLEMENTAL
New York State
wages -others per hour)
Department of Labor
- --------------------------------Case
11/01/97-
Number ----------------------------------
10/31/96
10/31/97
4/30/98
9601033
43.5%+
-------------------------------------------------------------------------------
43.5%+
SUFFOLK
1995A
ELECTRICIAN
$4.83
APP. ist yr
33%+
WAGES(per hour)
5/01/95-
5/01/96-
5/01/97-
$4.55
4/30/96
4/30/97
4/30/98
Lineman ................
$ 30.35
$ 31.35
$ 32.35
Technician.. ...........
30.35
31.35
32.35
Heavy Equip. Oper......
30.35
31.35
32.35
Truck Driver...........
30.35
31.35
32.35
Groundman..............
30.35
31.35
32.35
OVERTIME PAY: See
Following Note*
plus ( B*.O, V )
on OVERTIME PAGE attached.
Note*: 9th, 10th &
11th hours of
wk weekdays to be
paid at 1 1/2 times straight
time rate
$4.83
APP. 6th yr
43.5%+
HOLIDAYS:
43.5%+
$4.30
PAID:See ( 1 )
on HOLIDAY PAGE
attached.
ALL classifications
OVERTIME: See (
5, 6, 16, 25 )
on HOLIDAY PAGE
attached.
APPRENTICES:
( i ) 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)
5/01/95-
11/01/96-
11/01/97-
10/31/96
10/31/97
4/30/98
JOURNEYMAN
43.5%+
43.5%+
43.5%+
$4.30
$4.55
$4.83
APP. ist yr
33%+
33%+
33%+
$4.30
$4.55
$4.83
APP. 2nd yr
43.5%+
43.5%+
43.5%+
$4.30
$4.55
$4.83
APP. 3rd yr
43.5%+
43.5%+
43.5%+
$4.30
$4.55
$4.83
APP. 4th yr
43.5%+
43.5%+
43.5%
$4.30
$4.55
$4.83
APP. 5th yr
43.5%+
43.5%+
43.5%+
$4.30
$4.55
$4.83
APP. 6th yr
43.5%+
43.5%+
43.5%+
$4.30
$4.55
$4.83
Listed supplements apply to
ALL classifications
(X)Yes ( )No. 4-251ine
ELECTRICIAN
Applicable to electrical maintenance of existing electrical systems including,
but not limited to, traffic signals and street lighting.
WAGES(per hour) 5/01/95-
4/30/96
Electrician $ 23.75
OVERTIME PAY: See ( B, H, P ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME:See ( 5, 6, 16, 25 ) on HOLIDAY PAGE attached.
Page 10
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------- Case Number -----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
APPRENTICES: ( 1 ) year terms at the following Wage.
1st 2nd 3rd 4th
40% 50% 60% 70%
SUPPLEMENTAL BENEFITS:(per hour worked)
32 1/2%
of wage
plus $2.25
Listed supplements apply to ALL classifications ( X )Yes ( )No 4-25m
TELECOMMUNICATION WORKER - Voice, Data, Video
WAGES(per hour)
8/01/94-
08/06/95-
08/04/96-
08/03/97
8/05/95
08/03/96
08/02/97
08/03/98
Field Tech *note*
Starting
6.94
7.15
After 6 mos
8.06
8.05
" 12 mos.'
9.00
9.08
" 18 mos
10.04
10.23
+3.5%
+3.0%
" 24 mos
11.21
11.51
pet, hr.
per hr.
" 30 mos
12.51
12.98
" 36 mos
13.96
14.61
" 42 mos
i5.59
16.46
" 48 mos
17.39
18.54
" 54 mos
19.42
20.89
" 60 mos
22.14
23.53
Tele. Tech. Assoc.
23.40
23.53
+.3.5%
+3.5%
OVERTIME PAY: See (B,I,S) on OVERTIME PAGE attached.
HOLIDAYS:
Paid See ( 5,6,7,11,12) on HOLIDAY PAGE attached.
Overtime : See ( 5,6,7,11,12) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS:(per hour worked)
19.3% of wage
Listed supplements apply to ALL classifications (X)Yes ( )No
IRONWORKER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Structural........... $ 25.50 Addit.
Riggers ...........:.. 25.50 $0.75
Machinery Movers..... 25.50 per
" Erectors... 25.50 hour
OVERTIME PAY: See ( B, Bi, 0, V ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 18, 19 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1/2 ) year terms at the following wage.
1st. 2nd. 3rd. 4th. 5th. 6th.
$13.65 14.25 14.85 15.45 15.45 15.45
NYNEX/I.b
- �O
PREVAILING RATE SCHEDULE 46
Page 11
New York State Department of Labor
• ----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman $ 28.78
Apprentices 21.43
Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-40/361
IRONWORKER
WAGES(per hour) 7/01/95-
6/30/96
Reinforcing &
Metal Lathing........... $ 29.42
OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5,.6, 8, 10, 11, 13 ) on HOLIDAY PAGE attached.
APPRENTICES:( 1 ) year terms at the following wage rates.
1st 2nd 3rd 4th_
$14.00 $17.4.1 $20.89 $24.37
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman $ 14.79
Apprentices 9.39
Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-46
IRONWORKER
WAGES(per hour)
7/01/95- 1/01/96
12/31/95 6/30/96
Ornamental........... $ 26.15 addit.
Chain Link Fence..... 26.15 $0.50
OVERTIME PAY: See ( A. D1, E*, O, V ) on OVERTIME PAGE attached.
*Double time after 7 hours on Saturday.
HOLIDAYS:
PAID: See ( i ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8 ) on HOLIDAY PAGE attached.
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%
**Appr. indentured after 7/01/93 -1st term is 4 months, 6th term is eight
months.
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman and Apprs.
indentured prior to
7/01/93 $ 20.90
Page 12
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number -----------------------------------
9601033
SUFFOLK 1995A
------------------------------------------------------ --------------------------
Apprs.
-----------------------------------------------------------------------------
Apprs. indentured
after 7/01/93
1st term 17.23
2nd 17.69
3rd 18.15
4th 19.07
5th 19.52
6th 20.44
Listed supplements apply toALL classifications ( x )Yes ( )No. 8-580
LABORER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Building Laborer:
All Classifications... $ 21.00 $ 0.50 additional
OVERTIME PAY: See ( A, E, Q ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS:(per hour worked)
$13.73 $ 13.73
Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-66
LABORER - HEAVY/HIGHWAY
Laborer(Heavy/Highway):
Group N 1: Asphalt Rakers and Formsetters.
Group N 2: Asphalt Shovelers and Tampers.
Group N 3: Basic Laborer, Power Tool, Trackmen, Landscape, Pipelayer,
Jackhammer and Concrete.
WAGES(per hour) 6/01/95
5/31/96
Heavy/Highway
Laborer:
Group a 1 ............. $ 23.00
Group N 2 .........:.... 22.47
Group M 3 ............. 20.72
OVERTIME PAY: See ( B, F, R, E4 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID:See ( 5, 6, 16, 26 )* on HOLIDAY PAGE attached.
*2 hours pay for each day worked that week
OVERTIME: See ( 5, 6, 16, 26 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 9.97
Listed supplements apply to ALL classifications ( x )Yes ( )No 4-1298
� � z
PREVAILING RATE SCHEDULE Page 13
New York State Department of Labor
' ---------------------------------Case Number ----------------------------------
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SUFFOLK 1995A
-------------------------------------------------------------------------------
MASON - Building
WAGES(per hour) 7/01/95-
6/30/96
Building:
Bricklayer............ $ 30.77
OVERTIME PAY: See ( A, E, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 750 hour ) terms at the following
percentage of Journeyman's wage.
1st 2nd 3rd 4th 5th (500 hrs) 6th (500 hrs)
50'/ 60% 70'/ 80% 90% 95%
SUPPLEMENTAL BENEFITS,:(per hour worked)
Journeyman $ 14.31
Apprentices $ 12.76
Listed supplements apply to ALL classifications ( )Yes ( X )No. 8-nydc
MASON
WAGES(per hour) 7/01/94- 7/01/95-
6/30/95 6/30/96
addit.
Cement Mason.......... $ 27.99 $1.36 per hr.
OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( i ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8, 13, 25 ) on HOLIDAY PAGE attached.
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)
$ 13.47
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-780
MASON - Building
WAGES(per hour) 1/01/95- 7/01/95- 1/01/96-
6/30/95 12/31/95 6/30/96
Building:
Plasterer ............. $ 23.00 Additional Additional
$.50 per hr $.50 per hr
OVERTIME PAY: See ( A, O, V ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 11, 15, 25 ) on HOLIDAY PAGE attached.
7 %
PREVAILING RATE SCHEDULE Page 14
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK i995A
-------------------------------------------------------------------------------
APPRENTICES:( 1 ) year terms at the following percentage of journeyman's wage.
1st term 40%
2nd 60%
3rd 80%
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman........... $ 14.69
Apprentices .......... after 3 mos. of employment, same as journeyman.
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-202p
MASON -Building
WAGES (per hour) 1/01/95- 7/01/95- 1/01/96-
6/30/95 12/31/95 6/30/96
Building:
Mosaic &
Terrazzo
Worker
$ 27.38 Additional Additional
"
Helper
26.07 50c per hr. 50c per hr.
OVERTIME PAY:
See (
C, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See
( i )
on HOLIDAY PAGE attached.
OVERTIME:
See (
5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE
attached.
SUPPLEMENTAL
BENEFITS:(per hour worked)
$ 12.40
Listed supplements
apply to ALL classifications ( x )Yes (
)No. 8-3
MASON - Building
WAGES(per hour)
4/27/92- 4/28/93-
4/27/93 4/27/94
Building:
Tile Layer............
$ 24.91 Additional
$2.00 per hr.
OVERTIME PAY:
See (
A, O ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See
( 1 )
on HOLIDAY PAGE attached.
OVERTIME:
See (
5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE
attached.
APPRENTICES:
( 1/2
) year terms at the following percentage
of Journeyman's
wage.
1st. 2nd.
3rd.
4th. 5th. 6th.
45% 50%
55%
60% 70% 80%
SUPPLEMENTAL
BENEFITS:(per
hour worked)
$ 12.41
Listed supplements
apply to ALL classifications ( x )Yes (
)No. 8-52
REVAILING RATE SCHEDULE Page 15
,New York State Department of Labor
-
--------------------------------- Case Number ----------------------------------
9601033
SUFFOLK 1995A
--------------------------------------------------------------------------------
MASON - Building
WAGES(per hour) 5/03/93-
5/02/94
Building:
Tile Layer Helper
& Finisher....... $ 23.70
OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 10.09
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-88
MASON - Pointer/Caulker/Cleaner
WAGES(per hour) 7/01/94 7/01/96-
6/30/96 6/30/97
Pointer, Cleaner,&
Caulker (Mason)..... $ 23.18 COLA raise
OVERTIME PAY: See ( B, 14 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 25, 26 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1 ) year terms at the following wage rates.
1st 2nd 3rd 4th 5th
$10.00 11.50 13.00 15.00 18.00
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman $ 11.46
Appr 1st year 2.50
Appr 2nd year 20% of $11.46
Appr 3rd year 40% of $11.46
Appr 4th year 60% of $11.46
Appr 5th year 80% of $11.46
Listed supplements apply to ALL classifications (X)Yes ( )No. 8-66w
MASON - Building
WAGES(per hour) 7/05/95-
1/04/96
Stone Setter.......... $ 31.96
OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 18 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE attached.
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%
L'
Page 16
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
SUPPLEMENTAL BEN_E_F_ITS:(per hour worked)
Journeyman $ 17.60
1st & 2nd yr Apprs. $ 17.16
All other Apprs $ 17.60
Listed supplements apply to ALL classifications
( x )Yes ( )No. 8-84
IRONWORKER
WAGES(per hour) 1/01/95- 7/01/95-
1/01/96-
6/30/95 12/31/95
6/30/96
Derrickman/Rigger.... $ 28.59 addit.
addit.
$0.80
$0.80
per hr,
per hr.
OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE
attached.
APPRENTICES: C 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)
$ 20.10
Listed supplements apply to ALL classifications
( x )Yes ( )No. 8-197
MASON -Building
WAGES(per hour) 7/01/93-
1/01/94-
12/31/93
6/30/94
Building:
Marble- Sawyer, Rubber
& Polisher ............ $ 28.78
add .85
per hr.
Marble- Cleaner....... 14.37
no add
per hr
" - Maintenance... 13.22
no add
per hr
OVERTIME PAY: See (A,E,Q,V ) on OVERTIME PAGE attached.
PAID HOLIDAY: Journeymen except Cleaners and Maintenancemen
receive
1/2 days pay for Labor Day. Cleaners, Maintenancemen'and
1st three terms of
apprentices receive (5,6,11,15 ) on HOLIDAY PAGE
attached. All others no paid
holidays.
APPRENTICES: ( 1/2 ) year terms at the following
percentage of Journeyman's
wage.
1st. 2nd. 3rd. 4th. 5th. 6th.
7th. 8th.
50% 54% 59% 63% 67% 72%
76% 80%
SUPPLEMENTAL BENEFITS_(per hour worked)
Sawyer/Rubber/Polisher $11.62
Cleaner/Maintenance $ 3.50
Apprentices $ 5.43 plus
wage % of $ 6.19
Listed supplements apply to ALL classifications
( x )Yes ( )No.
8-24
t
REVAILING RATE SCHEDULE 0
Page 17
New York State Department of Labor
----------------------------------
Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
MASON - Building
WAGES(per hour) 1/01/94-
6/30/94
Building:
Marble Cutters &
Setters ............. $ 28.64
OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: Journeymen receive 4 hours pay on Labor Day.
Apprentices 1st three terms, See ( 5, 6, 8, 10, 15 ) on HOLIDAY PAGE
attached plus any day following a Thursday or Sunday Holiday. All
other Apprentices, See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8, 10, 15 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's
wage.
1st. 2nd. 3rd. 4th. 5th. 6th.
50% 55% 65% - 70% 80% 95%
SUPPLEMENTAL BENEFITS:(pr hour worked)
Journeyman $ 13.55
Apprentices $ 6.05 plus
wage % of
$ 7.50
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-4
MASON -Building
WAGES(per hour 7/01/93- 1/01/94-
12/31/93 6/30/94
Marble -Riggers,
Crane & Derrickman $ 24.82 Addit.
.70
per hr.
OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached.
PAID HOLIDAY: 1/2 Day for Lab6r Day.
SUPPLEMENTAL BENEFITS:(per hour worked)
$19.47
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-20
PAINTER
WAGES(per hour)
4/01/94-
4/01/95-
3/31/95
3/31/96
Brush, Paper Hanger....
$ 23.88
Addit.
Structural Steel.......
31.46
$1.45
Spray, Scaffold........
26.35
per
Sandblasting...........
26.35
hr.
Repaint/Renovation.....
20.89*
*Additional $2.00 per hr.
for Hanging
Scaffold, Spray, Sandblasting, and
Rolling Scaffold 20' and
over.
Page 18
PREVAILING RATE SCHEDULE
New York State i Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
OVERTIME PAY: See ( A. K ) on OVERTIME PAGE attached.
OVERTIME PAY-Repaint/Renovation: See ( B ) on OVERTIME PAGE attached.
HOLIDAY:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1 ) year terms at the following rates.
1st 2nd 3rd
Brush 10.73 16.01 19.11
Scaff../SB 11.84 17.62 21.09
Struc.Stl. 12.94 19.24 23.08
Rpt/Ren. 10.73 16.01 19.11
SUPPLEMENTAL BENEFITS:(per hour worked)
Rpt/Ren. Journeyman $10.39
All other Journeyman 12.45
Appr 1st year 4.76
Appr all other terms 10.18
Listed supplements apply to ALL classifications (X)Yes ( )No. 4-1486
PLUMBER
WAGES(per hour)
5/01/95- 11/01/95-
5/01/96-
11/01/96-
10/31/95 4/30/96
10/31/96
4/30/97
Plumber ..............
$ 31.75 $ 32.00
$ 32.25
$ 32.50
OVERTIME PAY: See ( A,
0 ) on OVERTIME PAGE attached.
HOLIDAY:
PAID: See ( 1 ) on HOLIDAY
PAGE attached.
OVERTIME:See ( 5, 6,
15, 25 ) on HOLIDAY PAGE attached.
APPRENTICES: ( i ) year
terms at the following percentages
of journeyman's
wage
1st 2nd 3rd
4th 5th
40% 50% 65%
70% 75%
SUPPLEMENTAL BENEFITS:(per
hour worked*)
Journeyman
$13.78 $14.13
$14.28
$14.53
Appr 1st term
7.54 7.94
8.34
8.74
Appr 2nd term
9.18 9.56
9.90
10.23
Appr 3rd term
9.22 9.56
9.90
10.23
Appr 4th term
9.86 10.19
10.51
10.84
Appr 5th term
10.24 10.55
iO.86
11.17
*Sunday and Holiday Benefits
paid at Double Time
rate.
Listed supplements apply
to ALL classifications (
X )Yes (
)No 4-200
STEAMFITTER
WAGES(per hour)
6/28/95- 1/03/96-
1/02/96 6/30/96
Steam Fitter..........
$ 30.05 Additional
Sprinkler Fitter......
30.05 $0.50 per hr
to be allocated
OVERTIME PAY: See ( C.
0, V ) on OVERTIME PAGE attached.
40REVAILING RATE SCHEDULE Page 19
,New York State Department of Labor
'-------------------------------Case Number --- =------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's
wage.
1st. 2nd. 3rd. 4th. 5th.
40% 50% 65% 80% 85%
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman: $ 17.84
Apprentices: $ 0.34 plus
term % of
$ 17.50
Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-638A
STEAMFITTER
WAGES(per hour) 7/01/95-
6/30/96
r
Refrigeration, A/C, Oil Burner and Stoker Service and Installations. Limited on
Refrigeration to combined compressors up to five (5) horsepower and on A/C,
Heating and Air Cooling to combined compressors up to ten (10) horsepower.
Steamfitter.......... $ 20.15
OVERTIME PAY:See ( B, E, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 7, 11, 26 ) on HOLIDAY PAGE attached.
OVERTIME: If any of the above fall on Sat., code S applies (if worked).
APPRENTICES: ( 1 ) year terms at the following wage.
1st 6mo 2nd 6mo 2nd yr 3rd yr 4th yr
$5.75 $9.56 $11.59 $13.58 $16.46
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman $ 7.46
Apprentices
1st year 6.75
2nd year 6.88
3rd year 7.04
4th year 7.25
Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-6388
ROOFER
WAGES(per hour) 4/01/93-
9/30/93
Roofer/Waterproofer......... $ 22.14
OVERTIME PAY -New Roof: See ( A. E, 0 ) on OVERTIME PAGE attached.
OVERTIME PAY-Reroof: See ( B, E, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 13, 16 ) on HOLIDAY PAGE attached.
c>> %
Page 2.0
PREVAILING RATE SCHEDULE
New York State Department of Labor,
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
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 BENEFITS:(per hour worked)
Journeyman $14.58
Apprentices wage% of
$14.58 +
$ 0.03
Listed supplements apply to ALL classifications ( X )Yes ( )No 4-154
SHEETMETAL WORKER
WAGES(per hour) 2/01/95- 8/01/95- 2/01/96-
7/31/95 1/31/96 7/31/96
Sheetmetal Worker..:. $ 32.21 addit. $.60 addit. $.65
per hr to be per hr to be
allocated allocated
OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( S. 6, 7, 12 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1/2 ) year terms at the following wages.
1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 8th.
9.67 11.28 12.88 14.49 16.11 17.69 19.33 22.55
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman $ 14.58
Appr 1st term 5.94
Appr 2nd term 6.48
Appr 3rd term 7.07
Appr 4th term 7.66
Appr 5th term 8.32
Appr 6th term 9.52
Appr 7th term 9.96
Appr 8th term 11.98
Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-28
WELDER
Welder To be paid the rate of the mechanic performing the work.
0 0 zd
OEVAILING RATE SCHEDULE 0
Page 21
New York State Department of Labor
----------------------------------Case Number - --=------------------------------
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--- - -------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
TEAMSTER-Building
Truck Driver(Building and Heavy/Highway):
GROUP is Chauffeur and Excavation.
GROUP 2: Euclid and Turnapull type trucks.
WAGES(per hour) 7/01/95-
6/30/96
Truck Driver (Building and Heavy/Highway):
Group 1 ................. $ 23.235
Group 2 ................. 2.3.795
OVERTIME PAY: See ( B, E, R ) on OVERTIME PAGE attached.
HOLIDAY:
PAID: See ( 5, 6, 7, 11, 12 )* on HOLIDAY PAGE attached.
OVERTIME:See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE attached.
* must work two days in holiday week.
SUPPLEMENTAL BENEFITS:(per hour worked)
Group 1 ........:......... $ 16.7625
Group 2.... 16.8025
Listed supplements apply to ALL classifications ( X )Yes ( )No 4-282nsh
SHEETMETAL WORKER
WAGES (per hour) 11/01/94-
6/30/95
Sign Erector......... $ 23.25
OVERTIME PAY: See ( A, E, P, T ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 10, 1i, 12, 16 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, it, 12, 16 ) on HOLIDAY PAGE attached.
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)
Journeyman $ 4.83 plus
$ 27.00 per
day plus
20% of wage
Appr 1st & 2nd yrs $ 4.40 plus
2% of wage
Appr 3rd yr $ 3.58 plus
$ 2.00 per
day plus
18% of wage
Appr 4th yr $ 3.58 plus
$ 4.00 per
day plus
20% of wage
Appr 5th yr $ 3.58 plus
$ 6.00 per
day plus
20% of wage
Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-137
�-s
Page 22
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------- Case Number -----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
PAINTER - Striping Highway
WAGES(per hour) 4/01/95- 4/01/96-
3/31/96 3/31/97
Painter (Striping -Highway etc_.):
Striping -Machine Oper. $ 16.92 $ 17.57
" Helper......... 15.14 15.79
Linerman.............. 19.59 20.09
OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 8, 10, 11, 12, 15, 16 ) on HOLIDAY PAGE
attached.
OVERTIME: See ( 5, 6, 8, 10, 11, 12, 15, 16 ) on HOLIDAY
PAGE
attached.
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 0.50 plus
24% of
wage
Listed supplements apply to ALL classifications ( x )Yes (
)No. 8-230
ELECTRICIAN
WAGES(per hour) 4/02/95-
3/30/96
Tree Trimmer (Line Clearance Specialist)
$ 17.13
OVERTIME: See ( B, E, P, T ) on OVERTIME PAGE Attached.
HOLIDAYS:
PAID.See ( 5, 6, 8, 9, 11, 16 ) on HOLIDAY PAGE attached
(Must Work Day
Before)
OVERTIME: See ( 5, 6, 8, 9, 11, 16 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS: (per hour worked)
$ 3.89
Listed supplements apply to all classifications ( x ) Yes (
) No. 4-1049
� � C
Page 23
PREVAILING RATE SCHEDULE
New York State
Department of Labor
----------------------------------Case
Number ----------------------------------
9601033
-------------------------------------------------------------------------------
SUFFOLK
1995A
SURVEY CREW - Building
WAGES:(per hour)
7/01/95-
6/30/96
Survey Rates-Building:
Party Chief.........
$ 25.76
Instrument Mari......
21.77
Rodman/Chainman.....
14.46
OVERTIME PAY: See ( A, E,
0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 7,
11, 12 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6,
7, 11, 12 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS:
(per hour worked)
$ 14.40*
$1i.00 of above amount
paid at same rate as overtime.
Listed supplements apply
to ALL classifications ( x )Yes (
)No. 8-15Db
SURVEY CREW - Heavy/Highway
WAGES: (per hour)
7/01/95-
6/30/96
Survey Rates-Heavy/Hiway:
Party Chief.........
$ 25.95
Instrument Man......
21.49
Rodman/Chainman.....
19.11
OVERTIME: See ( B, E, 0
) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 7,
it. 12 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6,
7, 11, 12 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS: (per
hour worked)
$ 14.40*
*$11.00 of above amount
paid at same rate as overtime.
Listed supplements apply
to ALL classifications ( x )Yes (
)No. 8-15D-N/S
Page 24
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number-: ---------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
SURVEY CREW - Consulting Engineer
CONSULTING ENGINEER SURVEY
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)
Survey Rates:
Party Chief ......... $
Instrument Man......
Rodman/Chainman.....
7/01/95- 7/01/96-
6/30/96 6/30/97
21.26 Add it.
17.93 $0.90
15.18 per hr.
OVERTIME PAY: See ( B, E, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 7, 8, 11, 12 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 7, B. 11, 12 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS: (per hour worked)
* $ 9.20
* $6.80 of the above amount paid at same rate as overtime.
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-15Dc
CORE DRILLING
WAGES(per hour) 10/17/93-
10/16/94
Core Drilling:
Driller ............... $ 20.235
11 Helper.......... 17.725
OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 6.'19
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-1536
POWER EQUIPMENT OPERATOR - Heavy/Highway
WAGES(per hour) 8/01/94-
7/31/95
Well Driller:
Driller............ $ 21.45
" " Helper..... 19.20
OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 10, 12, 16 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 12, 16 ) on HOLIDAY PAGE attached.
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 6.55*plus
10% of straight
time rate
*$8.05 plus 10% of straight time rate for overtime hours.
Listed supplements apply to ALL classifications ( x )Yes ( )No.
4-138wei1
POWER EQUIPMENT OPERATOR - Building
BUILDING:
CLASS "A";Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry
Picker (over 50 tons), Concrete pump, Crane, Derrick, Dragline, Dredge,
Gradall, Grader, Hoist, Loading Machine (10 yds or more), Milling Machine, Pile
Driver, Power Winch -Stone Setting/Structural Steel/Truck Mounted, Powerhouse,
Road Paver, Scoop -Carryall -Scraper in Tandem, Shovel, Sideboom Tractor, Stone
Spreader (Self Propelled), Tank Work, Tower Crane Engineer.
CLASS "B":
Backhoe, Boom Truck, Bulldozer, Boring Mabhine/Auger, Cherrypicker,
Conveyor -Multi, Dinky Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine &
Front Loader, Mulch Machine (Machine fed), Power Winches (All others not
Included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Machine,
Scoop, Carryall, Scraper, Maint. Man on Tower Crane, Trenching Machine, Vermeer
Cutter, Work Boat.
CLASS "C":
Curb Machine, Maintenance Engineer (Small Equip. & Well Point), Field Mechanic,
Milling Machine (Small), Pulvi-Mixer, Pumps, Roller (Dirt), Vac -All,
Welding/Burning, Compressor (Structural Steel & 2 or more in Battery), Concrete
Finishing Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist
(1 Drum), Ridge Cutter, Striping Machine, Welding Machine (Structural Steel &
Pile Work).
CLASS "D":
Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw Cutter, Work Lift
(Walk Behind/Power Operated), Generator (Pile Work), Hydra Hammer, Hand
Operated Mechanical Compactors, Pin Puller, Portable Heater,
Power-Broom/Buggy/Grinders, Pumps -Single Action 1 to 3 inches/Gypsum/Double
Action Diaphragm, Hand Trenching Machine, Welding Machine.
Class " E '
Batching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump
(Centrifugal up to 3 inches), Root Cutter, Stump Chipper, Oiler on Tower Crane,
Track Tamper, Tractor, Vibrator, Deckhand on Work Boat.
WAGES(per hour) 7/01/95-
5/31/96
Class " A $ 29.25*
*Add $3.00 for Hazardous Waste Work
Class " 6 27.75*
*Add $2.00 for Hazardous Waste Work
Class " C 26.75*
*Add $1.00 for Hazardous Waste Work
Class " D .............. 24.75
Class " E 23.75
*Cranes : Boom length over 100 foot add $ 0.50 per hour
" 150 $ 0.75 "
250 $ 1.00 "
" 350 $ 1.50 "
Page 26
PREVAILING RATE SCHEDULE
New York State Department of Labor
-----------------------------------Case Number -----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 8, 9, 10. 16 ) on HOLIDAY PAGE attached*
*must work day before & day after, or receive 2 hours per intermittent day
OVERTIME: See ( 5, 6, 8, 9, 10, 16 ) on HOLIDAY PAGE attached*
Apprentice Rate is $15.60 FOR 36 MONTH TERM
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 17.29*Note
*Note:OVERTIME JOURNEYMAN $13.95 -- APPRENTICE $3.35
Listed supplements apply to ALL classifications ( x )Yes ( )No 4-138
POWER EQUIPMENT OPERATOR - Heavy/Highway
HEAVY HIGHWAY:
CLASS "A":Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry
Picker (over 50 tons), Concrete pump, Crane, Derrick, Dragline, Dredge,
Gradall, Grader, Hoist Loading Machine (10 yds or more), Milling Machine, Pile
Driver, Power Winch -Stone Setting/Structural Steel/Truck Mounted, Powerhouse,
Road Paver, Scoop -Carryall -Scraper in Tandem, Shovel, Sideboom Tractor, Stone
Spreader (Self Propelled), Tank Work, Tower Crane Engineer.
CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherrypicker,
Conveyor -Multi, Dinky Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine &
Front Loader, Mulch Machine (Machine fed), Power Winchs (All others not
included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Machine,
Scoop, Carryall, Scraper, Maint. Man on Tower Crane, Trenching Machine, Vermeer
Cutter, Work Boat.
CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Well Point), d
Field Mechanic, Milling Machine (Small), PLIIVi-Mixer, Pumps, Roller (Dirt),
Vac -All, Welding/Burning, Compressor (Structural Steel & 2 or more in Battery),
Concrete Finishing Machine, Concrete Spreader, Conveyor, Curing Machine,
Fireman, Hoist (1 Drum), Ridge Cutter, Striping Machine, Welding Machine
(Structural Steel & Pile Work).
CLASS "D": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw
Cutter, Work Lift (Walk Behind, Power Operated), Generator (Pile Work), Hydra
Hammer, Hand Operated Mechanical Compactors, Pin Puller, Portable Heater,
Power-Broom/Buggy/Grinders, Pumps -Single Action 1 to 3 inches/Gypsum/Double
Action Diaphragm, Hand Trenching Machine, Welding Machine.
•PREVAILING RATE SCHEDULE Page 27
New York State Department of Labor
-
-- - ---- - ------------------------- Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
Class " E ": Batching Plant, Generator, Grinder, Mixer, Mulching Machine,
Oiler, Pump (Centrifugal up to 3 inches), Root Cutter, Stump Chipper, Oiler on
Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand on Work Boat.
Class " F Lead Tec TV Crew.
Class " G Wet Out Tec.
Class " H Technician.
WAGES ( per hour ) 7/01/95-
5/31/96
Class A $ 30.05*
*Add $3.00 for Hazardous Waste Work
Class " B 28.05*
*Add $2.00 for Hazardous Waste Work.
Class " C 27.05*
*Add $1.00 for Hazardous Waste Work.
Class D 25.05
Class " E 24.05
Class " F 26.70
Class " G "... 26.20
Class " H 26.20
*Cranes : Boom length over 100 foot add $ 0.50 per hour
150 $ 0.75 "
" 250 $ 1.00 "
350 „ $ 1.50 „
OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 8, 9, 10, 16 ) on HOLIDAY PAGE attached*
*must work day before & day after,or receive 2 hrs per intermittent day
OVERTIME: See ( 5, 6, 8, 9, 10, 16 ) on OVERTIME PAGE attached*
APPRENTICE RATE is $15.60 per hr for entire 36 month term
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 17.29* NOTE
*Note: OVERTIME JOURNEYMAN $13.95 -- APPRENTICE $3.35
Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-138
MARINE CONSTRUCTION
WAGES(per hour) 10/01/94- 10/01/95-
9/30/95 9/30/96
Hydraulic Dredge:
Class A:
Leverman............. $ 22.44 $ 23.35
Engineer, Derrick Op. 20.78 21.51
Chief mate on Dredge. 20.47 21.20
Class C:
Maint. Eng........... 20.32 21.04
Mate ................. 18.97 19.65
Boat Captain......... 19.12 19.80
Class D:
Deckhand............. 15.83 16.15
Fireman, Oiler....... 16.44 16.77
Shoreman............. 15.83 16.15
-------------------------
PREVAILING RATE SCHEDULE Page 28
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
Tug Boats:
Class A:
Tug Master...........
20.00
20.71
Tug Chief Engineer...
19.49
20.19
Class C:
Tug Captain..........
19.12
19.80
Tug Engineer.........
19.12
19.80
Class D:
Tug Deckhand.........
-------------------------
16.03
16.36
Dipper and Clamshell Dredges:
Class A:
Operator .............
22.83
23.76
Engineer .............
21.22
21.97
Class C:
Maint. Engineer.......
20,32
21.04
Mate .................
18.97
19.65
Boat Master, Welder..
20.01
20.72
Boat Captain.........
19.12
19.80
Class D:
Oiler ................
16.44
16.77
Deckhand.............
--------------------------
16.03
16.36
OVERTIME PAY: See ( 8, E, P, S ) on OVERTIME PAGE attached.
HOLIDAY:
PAID: See ( 5, 6, 10, 15 ) on I-40LIOAY PAGE attached.
_OVERTIME: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached.
The following SUPPLEMENTAL BENEFITS apply to ALL classifications of the above
HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS.
SUPPLEMENTAL BENEFITS:(per hour worked)
All Class A $ 4.63 6 4.63
plus plus
8% of 13% of
wage wage
All Class C $ 4.34 $ 4.34
plus plus
8% of 13% of
wage wage
All Class D $ 4.06 $ 4.06
plus plus
8% of 8% of
wage wage
4-25a
e
•PREVAILING RATE SCHEDULE Page 29
New York State Department of Labor
------ -------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
--------------------------------------------------------------------------------
MARINE CONSTRUCTION
WAGES(per hour)
10/01/94-
10/01/95-
9/30/95
9/30/96
Drill Boat:
Class A:
Engineer..........
$ 21.58
$ 22.35
Blaster...........
21.81
22.59
Driller...........
21.59
22.36
Class C:
Welder/Machinist..
21.42
22.18
Class D:
Oiler/Helper......
19.27
19.66
Deckhand..........
15.15
15.43
OVERTIME PAY: See ( B, E. P,
S ) on OVERTIME
PAGE attached.
HOLIDAY:
PAID: See ( 5, 6, 10, 15
) on HOLIDAY PAGE
attached.
OVERTIME: See ( 5, 6, 10,
15 ) on HOLIDAY
PAGE attached.
SUPPLEMENTAL BENEFITS: (per
hour worked)'•
Class A
$ 4.63 plus
$ 4.63
plus
8% of wage
8% of
wage
Class C
$ 4.34 plus
$ 4.34
plus
8% of wage
8q of
wage
Class D
$ 4.06 plus
$ 4.06
plus
8% of wage
8% of
wage
Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-25/3
j ��
i
CCM=LI:,NCE WI T'r. T L=+3CR L -V,8
AND O HER CEFARTMENT OF L %SCR RE=ULATICNS
5,�:, = . " -7 IONS
1. Tie Ccntrcctcr s=cit carr.ciy with the c==lic=ole prcvisions cf the %=ocr Lc,, -
as c -ended, of the State of New York. This Ccntrcct shcii ..e veic unless
applicable sec+icrs of said Leber Law cre c=:acliec with.
2. Each and every provisicn of law and clause required by law to be pert of this
• Contract shall be deenned to be included herein and this Contract shall be re•_d
and enforced cs thcuch it were included herein, and, if thrcucn'mere rnistc;ce
or e .herwtse any suc- prcvisicn is not include-, then upcn the cpelic=tier. cf
either party hereto, the Contract s-cil fcrthwith be piysic:iIy crnenced tc
such inciusicn.
Specifically, Secticn 2=0-e, cr the Lc' --or Lew, as so amended, prciibits in
contracts, disctimincHcn on account of race, creed, c=lcr, or notional ericih
in emplcyr;ent of citizens upon public worlds.
Tiere may be deducted from the cmcunt payable to the Cont -c.cr by the OYner
under this Ccntrcct cp_. malt•y of five (S -.CO) callers for ecce pe: -sen for e----'-
cclenccr tic), curing which such pe;.cn wcs ciscr imirete_ __cirst or intimid=te_
in vicicticn of Seeicn 220-e.; prcvided, that for a seccnc cr any subsequent
vicicticn c - the prcvisicns•of saidpergcr this Ccntrcct .-cy be c=r.celle=
or termincted by the Owner and cll monies cue or to become cue hereunder
.mcy. be Ferreitcd.
6. FE0E?.AL REGULATIONS
1. CE'TIFICATICN CF NCNSATED FA CILITIE:
Ey t:.e sucrni:sion or this bid, the bidder, crrercr, ecplic=nt, cr subccntrcctcr
certiFics that he docs not mcintcin or provide for his ercicyees c. --Y se_re__ted
Fccifities ct cr.), or his estcblisir-seats, enc.thct he does net permit his emplcyec
to perrcr-z their services at any loccticn, under his ecntrcl, where secraccted
feciiitics are maintained. He certifies further that he will rnct mcintcin or
prcvice for his em,rlcyecs on se_reccted fccilities at cry of his estcbIisir.,enis,
and that he will not permit his employees to perform their services of any
loc=tion, under this control, where secrereted facilities cre mcintcincd.
The bidder, oFrercr, ep.clic=nt, or subccntrec.'cr agrees that a breach of this
ccrtificcticn is c vielclicn of the Ecucl Ceccrtur.ity cicuse in this contract_
A: used in t..is c=rtiric=ticn, the le:, -n "se_-eMted fec-111hes" me_.,, any
wcitine -cors'-,, wcrk area:, rest rocr:s enc we:in rccros, restaurant; and other
eating areas, time clocks, Iccxer rcarns end other storcce cr cressine ore=s,
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-1
' time eloelcs, ledger rooms and Other storec Or ciress,r:n grecs, ;:c.. a ler_,
drinking fcuntcirns, re:recticn or cr+tertcinment crags, trc sccrta ;c , enc
housing fcci!ities provides for empleyees wii;ch ore sear: rtes by explicit
directive or are in feet secreMtec en the basis cf rcca, c-ee=, c=1cr, cr
reticrcE cri_ir., be=_.sse of hcbit, icecl custom, cr ctherwise. Fe further
L...
agrees were he hos cbtcir•ec ic=^tic=E c=rtif�c=`ier.s From
opase= su..c_r.t .-=-'cr For Specific time .e:icc:) he vri(I ^^tcin ice^tic.!
cer'if ic=`icr.s rrc... •^cased :ubccntr„ct=r: prior to :hc c•.vcr= of subc_ntrc`s
exceeding $ iC.,CCC -w ic^ cre not exe:rct from the _ ovisicr.s cf tie E=ucl
Opportunity c!cuse; that he will rete •• such c_rtificc'iors in his flies; enc
thct he will fervor- toe following notice to such pr=cosec subccntractor:
(except wi ere the prcccse= subcantractcrs have sucmittee icenticai
eertific=tions for spe_:Fic time periods):
2. N.OT(C= TO FRCS?.CT(VE SUSCONiti.`CT0R5 CF R=CUI=E1�s i7 FC°
C_RTiFlCAiiCNS C` N�CN 5E'GF=v=.ii:C' F.�`.iL!ii��
A ee.•tific=tion of Nczsecrec=tee Fecilitips must be submit.e= prior to Ole
award of e subc=ntr=ct exceeding $10,000 which is not exempt from the
provisions of the E=ucl C•eccrtur•ity c!cuse. The .-cy be
submitte_ either fcr etch sueccr.trect or for all subcontracts curing e
period (i.e., cucrterly, semienr:uclly, cc cnnuclly).
N OTE: The renclty For mcs 'enc fc!se stcternents in e; fer, is _rest: ibec in
18 U.S.C. iCCI.
"Cs fe(ic.�s:
urii-.c toe rester-c^ce cf this ecrtrct, the c=ztrec.`cr c_re_s e
r
(1) The c_ntrcctcr will ret cisc:imincte cccinst cry ernelcv_eor "
app i � c=rt for
employment bec=use cf race, creec, calor, or notional cricin. The contractor
will take effirmctive ectien to ensure that ecplic=nts cre employe-, c: -.d that
employees cre trected wring employment, without reg=rd to their race, e: eed,
eclor, or neticncl cricin. Such ectien shall include, but net be limited to,
the follewinc• empieyment, uperccine, dernotion or trcnsfer; recruitment or
rec: uitment ccvertisinc; Icycff or termircticr•; rotes of rcy or other fcrrns of
ccmpcnscticn; end selection for trcinine, including sora-:ticsshic. Tne
contractor ccrees to post in ccrspic--cus plcc=, cvclfe'lc tc cmplcyees cnd
accliccnt: for emp!cyment, notices to !^e _ cvieec cy thc'ccntrecting cfficz:
setting forth the provisions of this ncnciscr irnincticn c!cu:e.
(=)
The c=ntrccter will, in ell selicitcticr•s or advertisements for empieyeez
pieces by or on behcif of the ccntrccter, state thct all cruclified ecalic_ is
will racei•.e ccr.sidercticn fcr employment without re_=rc to rete, c:aa
color, or -.c,, cr..cl cricin.,
(2j The ccntr„c`cr will -enc to ecce: 'c-cr union or of wormer.
with which he he: e collective ccreerner.t or other ecr;irect er
undcr:tcncine, e notice to be previdc� by the cc:cric/ contracting cfricer,
advising the Icbcr union or workers' representative of the c=ntrcecr's
e=mmit,•nerits under Section 202 of Executive Crcer No. 11245 of Scptember
24, 1965, and shall pest cocks of the notice in conspicuous places availaole
to employees grid cpp(iccnts for e:mplcymcnt.
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-2
The contrccter will car -ply w;t'- all pravi:;cr;s of EiCe�tive Ccdcr Ne. 11.2 :
I of Septe:naer 24, 196 , enc OF the rule:, and re _•Icticns, and raievcnt order_
of the Secretary, of Lc'--cr.
(5)c--
The ecntrcc!- will fur';:n cI1 infer-ct;cr end recon'' rec_;rec av E;_ •five
Crder No. 1 11246 of Se:tenber 24, 1965, and by .i a rvIet, re;.;icticrs, cnc
Lac.. cr cur:ucnt thereto, end will Perm!! cc_ -s: to
crders of the Sec-etcry or
his bce;cs, re-.rc:, c. -.d eccaurts by rhe e=ntreat; -c ecency enc the Sec: e�cr-
of Lacer for pur;:cses cr investicatien to escartc;n carncl;ence with sucz rules,
re:vlctiens, and crcers.
(6) in the event of the contractor's mane=nplicnce with the ncnd;sc:;rn;nct;cn-
clauses of this e=ntreat or with any of such rvles, reculcticns, or orae
this eertrcct may be c=nceled, terrnircted, cr suspended in whole or in
part a^d the c=ntrcctcr ray be dec!cred ;ne!icicle for further Government
ecntrccts in ecc_._cnce with prccedJres cutheri=ed in Exec:.rtive Order No.
11245 of Septemcer 24, 196-4, and such other sanctions may be ;necsed enc
remed;es invoked c: provided in Execitive Order No. 11246 of Secte^cer
24, 1465, cr by rule, rec_ulcticn, or order c. the Secretary of Lcbc. , cr
as otherwise provided by low.
(� The ccntrcctcr will include the provis;ens of re.rccrcchs (1) thrcuch (i� in
every subcantrcct or purc..ese order unless exempt -ed by rvles, reculct.1ens,
or order: of the Sevetcry of Lc'--cr i:sued pursuant to Section 204 of
&tec::tive Crow No. 11246 of September 24, 19-45, so that such provis;arts
wi;•I be binding upon each succcntractcr or veneer. The contractor will
take such ccticr. with re=ec! tc -.ny suaccntract or pure rase artier as the
ccntrccl;nc ecency r..cy direct as c rr.e=rs of enforcing sucz previsions,
inclucinc scncl;ors for ner.car-cl;ence: Provided, however, that in the
event the ccntrccicr becomes invclved in, cr is threcrened with, litigation
with a subccntrccicr or vendor as a result of such directicn by the contracting
ecency, the contractor may recue:t'the Unite- Stctes to enter into such
liticcticn to protest the interests Of the Unitea' 5scte:."
F=DE?,A L FRCCi1Rz-AENT REGUL4TiCI`-15
cCUAL Cr=C-R TUN (1 Y 1N EMF LCYM EN T
1-12.EC5-4 Reccrts cmc' Cther Recu;rec lntcrr:ctien
(c) Recu;rerne.nts for prime cantrectcrs end suoc=ntrectcr:.
(1) E• -•c:. ccenc/ smell re1.cuire erch prime ccntrector and etch prime
canircctar encsucc_1r.trcctor ..cli eau:e it: succcnrrcctor: to file
ennucliy, en or befcre Marc-' a1, ecnplate and ecz::rcte re=ar':
on Standard Foam 1CC (E -EC -1-1) prcrnulc_tcd icint!y by the Ciffic_
of Fecerci Ccntrc.'Came.l;c.nce, the Ecuel Encleynent Cppertur.ity
Cc nm;:;;cn, and P!cn: for Procre::, cr on such farm as may here- F.
be prcmulcctec in its place, if such prime ecntreclor er subc=ntrectcr
(i) is not exempt frcrn the provisions of th;s Subpert 1-12.8 in
cccordcnce with 1-12.WSC-4; (H) hes 50 or more ernployees; (;i;} ;s a
prime contractor or first-tier subccntrector; and Civ) hes c contract,
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-3
sub-cantrcct, or purchase cyder cmcuntinc to S-50,CC04- or more, Or
serves c: c dcpcsitcry of Gcverrment funds in cny c -m -cunt, or is c
financial inslitut'on whit:. is on issuing cn-d pcv►r.c ccent Fc.- U.S.
scvin= __cnd: cnd 'Cv!n= notes: Pr:vide=, Tinct any subccn!r_ec
below the first tier whit; perfe:... werx ct the site or
cons ria ion snail ce rec-jireof to file such c rep_.. i; it mi eezne
u t4
recuirements in su_�ivisicns (i), (ii), cnd (7v) of iz pc. _ _...
(c) (�}•
(:) Ece:s person recuireo by subperecrcpn (1) of this perccrcch to submit
reperts s:.cll file such a report with the cdntrcc!inc or ec-inister-
ine ccency within 10 days after the award to him of a ccntr_ct cr
succcntrect, unless such pe:vscn hes submitte_ such c report within
12 months pre_e=int the dale of the c•,vcrd. Subsecvent reports
SL
,oil be submitter cnnucily in ccczrdcnce with subperccrcp:, (1}
OF this perccrcpn, or et such other intervals cs the c_ency or the
Direcicr mcy re=vire. Tne ccency, with the cpercvcl of the Cirecicr,
racy extend the time for filing cny repert.
PTne-Directcr, the ccency, or the applicant, on their own motions,
mai recuire c prime contraecr to keep employment or other records
cnd to furnish in the. Form re:vested, within reascncble limits, such
1r,fcrmeticn es the Director, ccency, or the eppl7cant deems
necessary for toe edninis:rcticn OF the Crcer.
(�} The failure to Fite timely,'ccn:plete, crid cccura!e report.-, as re- -
ui
cred, constitutes ncncv5plicnce with the prime czntrector's
or subcantrcc!or's obligations under the e_vcl Cepertunity c(cuse
cnd is a around for the imposition by the ccency, the Direc!cr,
on cpelicarnt, prime contractor or subccntrcctcr, of any stria! icn:
authorized by the Order cnd the re_ulctions in this subpart, An f.
such Fcilure shall be reper!ed in writing to the Cirec!or by the ccency
c; secs cs prccticc-le after it occ:.rr:.
Repan.- cnd C',�er Recuire_ InFcrm-c`"zn
b. Rcc;virements for bidders or prospective ccntrccicrs.
(1} Epch ccency shall recuire each bidderer prespec'ive "r -e car; _c!or
cnd proposed subccntrcc!cr, where epprcpricte, to state in the bit or
r et the cutlet of necctieticr.s for trio ezntrec! whether it hcs zcrti-
eipctec in ons rrcvicus C=n.,rcz:t or subczntrac! suciec! to the E:=-=!
CCpCrt nits /
v. clause; cnd, if :c, whether it has file: with the !c,nt
Reperti-c cmmi:tec, the drat. r, en ccency, t:.e For-cr
President's Czr,.r..i!t'ce an c",vcl .mplcyment Cpzer!unity, all re=ar-:
due under the czziiepble filing recuirernents. The statement shell
be in the fom of c rcpresentcticn by the bidder or offerer sub-
stcnticlly as follows:
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-4
(c)
.ItnZ"��c-er (-r iter-' r_-�_._nr; ::1rtV / n•..,() n...
not pc:ti= --te. in c previcu: - _r :ubc�ntrcct :ubiett to
the i t e ^ ;ie c!_ -:e c:icinc!! c=n-
=uc! Cc_cr.ur:i,y ecus r.creir., "' Y
teinec ir. sec.len'3C1 of ;_:.Xe*-_-jtive Crcer No. 1or t�_ clause
ect cep
ccntcinec ins icn Z� vl cf rxc=:;tiv= Gr No- 11114; th=! he
)he-.mc."File , cll rectj,. e: c. =hence re^�r-s; .-.. t:.c'
re-res=ntcticns i-dio=lino su_^is;icn or re=.-ireC _= c;1c-c_
Si^•'e= �v - - cs==-c...lr.=`=., vvi(I ce c=.:..neo :ri-. tc . _-
cc...r=ct =•.repo.." (-ie .._c•re nee_ nct ce suc....t�
in ccnr.ec`icn will ccnfrcc`s cr subc_-'r. wi'ici „re exe.^:r ;-c-
Wien c bid --'e- cr offeror foils to execute the recre:entcticn, the
or-issicn Shcll be considered e minor infc.rmciity enc the bid -ii -e or
offer=r shell be permitted to sctizfy the recvirement prior to cwcr--.
(�)
In cny c=se in which c Moder or pr= eeive crime cc....=-*tc. or
su::ccntr=clop, C .evicvs c-*n..=v
cr _�=c-*nl:_ct suoject tc cxecltive Crc_rs N.. lOc'=, 1 � 1 �=, _.
hc: nc.* fired a report cue cancer the=c=lic_cIe fiiin-*
re. ire^ents, no ccnt:c=t or subcantrce shell be cwerce_, unless
sue^ ecnlr-*etcr su-mit: a report e=verine the delineuent oericc or
such ether peric.. specified by the ccer%cy cr the Cir_ctcr.
P A bider or prospective prime ccntr=etc; or prcccsed suoccntr=ctcr
s..cll be recuire_ to submit suc- infermctier. cs the ccency or t:.e
Director re=vests prior to the cwcr-* ..
of t:._ ccntpct or succcntr..c!.
Whe- c cetermineticn nct ce_n ecce to cwcr-* the contract or suc-
c=rtract to c sceciric ccr.trccto-, suc.. cc^tr..c`cr shall bere_.:irec,
pr.
cr tc c•rcrd, ar eller the curer_, or beth, to furnisa suc.. ether
inf-c.-mcticn es t..e cc-ncy, the c=plic:-t, or the Director rec::es`s.
U:e: of Reperts.
Recerts filed pur:ucnt to this 1-1Z.c05—: shell ce used only in connection
with tie c_-:.,7n1s.'rc.' cn of the Crce the Civil Ric -:s Ac,' of 1 S5L', c.-
i t
furthercnce -- the purposes of the C'r__r c -c scic r.ct.
(c) Ac:u1siticn cf Report
Stcncc.c ; crm 100 is cvciicble in cll G --r, succly oeFcts. Copies cf t:.e
for.—., ncy be octcine-* From GS.' thr=uch the ecntrcc:;nc or
.
ec_ncy. lie stock numo_. for the form is c: fol;ear::
c._
cr- Nc. Slcc Nurnc_:
Title
1C0 7!40-57:76 -.04? :=;;cl employment opportunity
employer ir.fcrmction report.
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-5
- i •
1-j2.EC`.4 FRCC',JF EMEN T STAN C: RDS
A. All Ccntrccts and Subcr its For cpns. ue.ticr. cr repair S. -all
induce c prcvisicn Fcr c=. p;icnce wire .ne C=pe:end "Anti-
Klc!, --c'<" Ac` ('c U.S.C. c7=) c. su_=!_me.^.te; in Ce_crtm-nt
of L=-cr ie;ufet;cn. (.F CF.,, Pc.. 2). This Act prcvices that
ea-.. Ccntrcc!cr cr Subc =ntee .. 0!1 ce =r<_-;tec frrcT
by eny r..e=ns, cry person errplcyec in till co- tcuc:ion,
c=npleticn, or repair or, pudic wcr;c, to give up any cart c'
the c=. ^ensct;cr. to wh;c:i F.e is ether-..;seThe G,= -see
s,.oil repert oil susoec!ed or repertec vicict;cns to the Grcntcr
Agency.
8. Where ccpf;c=ale, all Ccntrccts cwcroec by Grantees cnc Seb-
=r_ntee. in excess Cr S_,CCC for c= •'t:-,;cticn c=nt acts Cn_, to
exp__. c S2,50C Fer c," -e:- c=.:t:=pts wnicn ;nvclve the em-
picyrent of meclicnics cr lab-crers s-cll include c prcv;sicn
for c=rcf;cnce with Sections 103 cnd 107 of the Cent. -=c.'
,.
�'Jcr;c rcurs and Sciety Stcndcras Act (-v U.S.C. s27 -..2C)
as sucplemente_ by Ce_crtnent cf L='--cr Reculcticrs (2F CFR,
Pert Under Seeicn IC3 of the Act, ecca Contractor snc!l
be re_u;re- to c_rncute the weces or every me=ncnic and
Icbcrer on the ccs;s of c standard work coy or c hours and c
stand=.- wcrlc week Cf 40 hcurs. Wcr!< in exp s of the stand=.c
werlcccy or workweek is permissible prcv;dec thea the wcrker
is ccr..censctec et c r=te of net less then 1-1/2 times the oclic
rete of pcy for c!l hcurs wcrkea in exce:s of c hours in cry
c=fencer dcy or 410 hours in the work week. Section 1C7 of
the Act is epplicc="'ie to construction were and Provides that
no lcocrer or mecmcn;c shall be re=uirec to work in surrcundincs
or uncer working conditions wh;c-' are unsanitary, hcz=rdous,
or dcncercus to his health and scfety cis determined under,
construction, safety, and health stcndcres pr=:-uiccte_ '-
-Y the
Secretary of L==cr. T:nese re=u;rements cc not apply to the
purc:.cses of succ!;es or mat=.;cls _. :ale_ c.:;rcriIy e-.ci1CcIC
en the cc en rcrl:et, cr ccr.t:=pts fcr tr... .:`ct;cr. or t-r_...issicn
Cf inteHiscnc'.
C. =�0 cwcrdec e
c=cin C�rtr=cit of cin c:ncunt .n excea cr `•:, by
Grantee or Subgr=nte^_ shall provide tr.ct the recipient will
ccmpfy with =pl;c==1e r�culcti=r.s enc stcndc.-. of the Cest
LivinC Council in a:'ebi;shinc we -es end ,,"ccs. The prcv;s;en
t' -a rec;c;^_nt that su�.....s;cn of �;d or eller cr t:^-
sulr;ttcl of cin irvcic- cr vcuc..er fcr :. =er,y, coeds, cr
^sic_. furn..nec unci --r c c_-:tr=c' C.' _-•• ent with the Gr=nre=
I-
S cil ccnst;tutc c c_rtif;ccticn -y .aim that c.---unts to =cic
de net excc=c mcximurn cllawco!e levels cu.'L..crized by the Cest
of Living Ccuncii recvlcticns or stcndo:ds. Violations shell Le
resorted to the Grcntcr Accncy and the fec=l Internal Revenue
$crvie� firle� o�Fiee.
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-6
D. C=ntrccls cnc' Subf-rant: of amounts In c:cccs: o S1:.v,CC
s:•cll contain c prcv;:;cr. wh;c.• rc=wire the recipien! to
carte to c:rcly with oil c=::iic=:le crcer:, or
re_ulcticrs issuec pursuant to the Clean A;r Act of 1970.
Vicicticn. shell be reccr!e_ !c the Gr=n-cr Acencv c-,-: `he
Re=!cnci C''itce !i•e Envi.'.nre.^.!Cl F-=!e_.icn Actncy.
Contracts s;.cl1 c�n!c.n zuc= contrcc`uci r: ovisicrs Cr
c=rdrtrcrs which will allow For carnir.istrctrve, ccntrcctucl,
or fecal remcajes in ;nstcr:c__ where contractors violate or
breech ccntrc!s to^s, enc , . cvice For sup- senetiens enc
penalties as mcy be appropriate.
F. AN c=ntrccts, c:mcunts for which ere in excess of SL, cc,
sali ccntcin suitable crovisicr.s for ter-incticn by the*
crcntee includ;ne the mcnner by wv lch it will be eff__-ec
cnd the bcsis For settlement. in edcit;cn, such contracts
shall describe cpndit;ens ,uncer which the cor.tr=ct rcv be
termirseted for default cs well cs comiitiors where tie
c=ntrcct may be.terminctec because cf circur-..s.cnces be."cnd
the control of the car.trcctCr.
G. in off contracts for ccrstrvcticn or Fcciiity lrnprcvernent
c• -yarded in excess of Sl00,CCC, crcntees shall ca -serve the
bcnd;rc re .,rare^encs prevrdec in Attcc..ment B to this
Crrc,; ior.
�. ;,;I c=r•trecl: cneq-.Ubcrcnts in excess of S10,CC0 shall in-
clude previsions for ccr:plicnce with Executive Crcer No.
11246, entitled, "Epucl Employment Cppertunity," cs.
supplemented in Department of Labor Recu-lcticns (d1 C: R,
Pct 60). Each ccntrcctor or subcrcntee shall be recurred to
have err affirmative cclicn plan which declares that it dee:
net dr:crrmrnete on the besi: eF race, color, religion, creed,
ncticrcl cricin, sex, end ace and which specrF;es c^cls and
target teas to __:urc the implementctrcn cf that plan. Tne
crcntee shall estcblisn procedures to cs:ure r_:-:p(rcnce with
firs rccu;rerncnt =v ca...,ccto.. or soba-cntees and to c:sur.
that .uspeclea or reported vieletions cre prcrnetly inve:ticCtec.
REPLACEMENT OF BRUSHES CREEK BRIDGE
Aim
C]
CCMPLI.=SNC= WiTH=RCMS ICN5 CF ► c LABCP L -'W
Pur:ucnt tc Article 2 of the La-cr L ---.v, the c=ntrcctcr's ctter:t;crn ;s d;recto=
the fcilowinc requirements:
I. Section 220.2 wh;ch recuire: c :t;_-ulct;cn thct no ic'crer; wcr�:ncn or .mec cnic
in the emcicy OF the c=ntractc-, or ether ..cine cr
inc tc do the wncle cr c cert cf t;
• W
(c) T het there mey be decvee-d fr== the er-cur..' i --y c' le to the cantrcctcr by t' -e
Stcte or nunici^clity unser this c=rare--! = penclty of five delle-: fCr
ecc-
c=!anc=-- cc! -.;r:. _ whic'm ..;c= ccr:c., wc: ci:c: inc•:c __,r.s; or
in vicleticr e: t,e cvisicrsOF the cc •••�=t;
(c) The" this congas,' rnv-, be c_nc_ilec z. lc:-m;nete- by the S•c'e _. nunic'-a!-
;ty, enc a!1 mcr,eys cue cr tc becc.-e ejc hereur.cer rrav be Fzrfe;te=, Fcr c
se_:nc or eny su6e_vent viclet;cn of the terms or c=ncit;ens OF this sectian
of the cantract.
6. The cforescid previsions of Section 220-e which covers every ccntrcc., For or On
behe!f of the Stete or municipc!ity For the mcnufecture, sole or c;striburicn OF
mctericls, ecu;;.rr.ent or supplies shcll be lirnitec to operations perfor.-ec
the territcricl limits of the Stcte of New Ycrk.
i. Sect;cn 2=2 which recu;res thct zreferance in erplay ment shcll be siven to citi—
zens of the Stcte of New York who hove been resicants fcr et lec:t six ccr.sec;:t;v'
months irnnecictely pr;cr to the czr,mencement of their ernploynent; thct penscns
other then cit;=ens of the Stcte of New
York mcy be e-:loyec wnen suc.�i citizens
ore net cvc;lcble; cnc thct if the requirements of Section 222 c=ncernir,c prefe:-
ence in employment to citizens of the Sicte OF New York ore not ccrnpliec wit:,,
the ccntrcc,' shcll be void.
8.
Section 22? -:s which re:u;res t:.c.• if in tine corstr.;cticn of the pudic wer�c c
her -Ful oust I-.c=a:c is c:ectec for which cpplicnces or r..zthecs for the eliningt-
ticn of hcr.jr cis., he=c:c is crectec for wn;ch eccl;ences or methods for the
.'
elimincticn of her -Ful dust hove been eperovec by the Becrd of Stcncc:c
Apcer!s, such cppl;cnces or methecs shell be instcllec cnd mcinteined enc
effectively operctec by the ccntrcctcr; enc thct if the pravis;ers of Sect;cn
222-✓ concerning hcrnful dust hczcres cre not complied with, the czntract
shell be ve;d.
OTr.i:.', RECUIREM ENT5
Every Stcte ccntrcc,';nc c:ency, ;rc!uc.nc Public cut!,erit;es, r..ust inc!uce in ecce cont -=c'
rc
pc - .hs (c) throc:ch (c) of the Stcndc.,. Stcte Czntrcct cicuses rrcmu!__tec '--y the C-c•.er:;_.
en Se=tCm.,_. 12 1 96" end ccnenccc Nevem—er 1A, 1961
Lcccr c!ess;ficcticns not acpe-rmc en the ecccmccnyine schedule of weces c=n be uses cniv
with the cznsent of the cepert.ment OF juriscict;cn cnd then the rate to cc ^c;c will be riven
by the cergrtment of jvr;sc;ct;cn cite. being ecv;sec by the New Yzric Ste -'e cepertment OF
'Ether.
Tn_ ccr.trctc. s'^.c!I rre�e such ..c••is;cn cr discbility beneFits, work.-�,.n's _... _..:et:c^.
unerr:icymert ir.:urcnc^, socio( security er,. Scot., ccce provi:i r.s c: ec:,' ec by lcw.
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-9
•
•
Ge.^•erel•RI _ule:icn ,L-
ING. 1, c; i�.ue_ _-/ ,L_ S:c:e Ccr-miaic fcr n,r..cn'ic;.t: r
._
tie ecc'Z C_^ni'CC+ c:ntc:n. C S'Icuic.:C . tnC`; "i: is h _ v ac ec CV .c _
er c. -.c -e •ice-: ;ue
pc -,ties hereto t;.et every c_n:rcc:c, cnc sL:.cc..trcctor eno____ in rhe circ wc'X ce• - c__
_ c.
in --'is ecntr a stcll zcSt c..^.c rrcir.tC;r. C.' ecc.. pf h;s __:C:iiS-t'7r'tS _nc C.' CII cies__ ct
Wnlc..l the pucilc work cesc';cec ne.'ei:ncar IS OeinC cc.ncuc'ec, tte Nc1,lc2 Ct
Ccmmissien for Iiunen Ric:.ts ir.cic=t;ne the substcntive-rcvisicns of the Low Ac-inst
Ciscrininetien, where cp. picints ..-c-/ be fife=, enc ether e_rtinent infer-c:ic. Su c=
Notice srcll be pestes in ecsiiy cccess;bie enc well lici-Itec picces custcncrily fre-uente^
by*err:plcyees cnc c=clie=nts For er-plcynent." The Notice ncv be cotcinec fret-: the
cue=crt.-ezt nevine juriscicticn, or fror-s the c:. --Ice of toe Stcte Ccnniss;cn for i=ur-en
in the respective Cres.
You cr_ reatres.ec to re er to t:ie Bureau or Pucl;c Wcri ell c�cr_es of ciscr;r^..incricn in
ern.icynentvinclucinc ci.cr;mir.c:;en 'ceccuse of ece,rcc_, C"----, c^icr cr ncticnci ...'i_ ..
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-10
•
NON-DISCRIMINATION CLAUSE
During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, or national origin, and will rake
affirmative action to insure that they are afforded equal employment opportunities
without discrimination because of race, creed, color, or national origin. Such action
shall be taken with reference, but not limited to: recruitment, employment, job
assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates
of pay or other forms of compensation, and selection for training or retraining,
including apprenticeship and on-the-job training.
b. The contractor will send to each labor union or representative of workers with which
ne has or is bound by a collective bargaining or other agreement or understanding,
a notice, to be provided by the Commission of Human Rights, advising such labor
union or representative of the Contractor's agreement under clauses "a." through
"h." hereinafter called "non-discrimination clauses", and requesting such labor union
or representative to agree in writing, whether in such collective bargaining or other
agreement or understanding or otherwise, that such labor union or representative
will not discriminate against any member or applicant for membership because of
race, creed, color, or national origin, and will rake affirmative action to insure that
they are afforded equal membership opportunities without discrimination because
of race, creed, color, or national origin. Such action shall be taken with reference,
but not be limited to: recruitment, employment, job assignment, promotion,
upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of
compensation, and selection for training or retraining including apprenticeship and
on-the-job training. Such notice shall be given by the Contractor, and such written
agreement shall be made by such labor union or representative, prior to the
commencement of performances of this contract. If such a labor union or union
representative fails or refuses so to agree in writing, the Contractor shall promptly
notify the Commission for Human Rights of such failure or refusal.
C. The Contractor will post and keep posted in conspicuous places, available to
employee and applicants for employment, notices to be provided by the Commission
for Human Rights setting forth the substance of the provision of clauses "a." and "b."
and such provisions of the State's Laws against discrimination as the Commission
for Human Rights shall determine.
d. The Contractor will state, in; all solicitations or advertisements for employees placed
by or on behalf of the Contractor, that all qualified applicants will be afforded equal
employment opportunities without discrimination because of race, creed, color, or
national origin.
REPLACEMENT OF BRUSHES CREEK BRIDGE
N-1
•
•
e. The Contractor will comply with the prevision of Sections 291-229 of the Executive
Law and the Civil Rights Law, will furnish all information and reports deemed
necessary by the Commission for Human Rights under these non-discrimination
clauses as such sections of the Executive Law and will, permit access to his books,
records, and accounts by the Commission for Human Rights, and Owner
representatives/counsel for the purposes of investigation to ascertain compliance
with these non-discrimination clauses and such sections of the Executive Law and
Civil Rights Law.
This Contract may be forthwith canceled, terminated, or suspended in whole or in
part, by the contracting agency upon the basis of a finding made by the Commission
of Human Rights that the Contractor has not complied with these non-discrimination
clauses, and the Contractor may be declared ineligible for future contracts made by
or on behalf of the Owner/Contracting Agency until he satisfied the Commission for
Human Rights that he has established and is carrying out a program in conformity
with the provisions of these non-discrimination clauses. Such finding shall be made
by the Commission for Human Rights after conciliation efforts by the Commission
have failed to achieve compliance with these non-discrimination clauses and after
a verified complaint has been filed with the Commission, notice thereof has been
given to the Contractor and an opportunity has been afforded him to be heard
publicly before three members on the Commission. Such sanctions may be
imposed and remedies otherwise provided by law.
g. If this Contract is canceled or terminated under clause 'T" , in addition to other rights
of the Owner provided in this contract upon its breach by the Contractor, the
Contractor will hold the Owner Harmless against any additional expenses or costs
incurred by the Owner in completing the work or in purchasing the services, material
equipment, or supplies contemplated by this contract, and the Owner may withhold
payments from the contractor in an amount sufficient for this purpose and recourse
may be had against the surety on the performance bond if necessary.
h. The Contractor will include the provisions of clauses "a.", through "g." in every
subcontract or purchase order in such a manner that such provisions will be binding
upon each subcontractor or vendor as to operations to be performed within
jurisdictional local of the Project being contracted by the Owner. The Contractor will
take such action in enforcing such provisions of such subcontract or purchase as
the Owner/Contracting Agency may direct, including sanctions or remedies for non-
compliance. If the Contractor becomes involved in or is threatened with litigation
with a sub -contractor or vendor as a result of such direction by the Contraction
Agency/ Owner, the Contractor shall promptly so notify the Owner's representatives/
counsel, request him to intervene and protect the interests of the Owner
(Contracting Agency's jurisdictional area).
REPLACEMENT OF BRUSHES CREEK BRIDGE
N-2
GENERAL CONDITIONS
A. The contractor shall supply all labor, materials, equipment and services necessary
or required to complete the work. The contractor shall fully familiarize himself with
existing site conditions. The locations of all underground utilities shall be verified
prior to commencing work. Damage to existing utilities shall be repaired at the
contractors expense.
B. The contractor may store his materials and equipment on the work site but the Town
of Southold will not be responsible for damage or theft of same.
C. In the event that anything reasonable, necessary or proper for the complete
performance of the work to produce a first class finished job, has not been
described in these specifications clearly, through oversight or palpable error, the
contractor shall, notwithstanding, execute and provide all omitted works and things
as if they were severally described, without extra charge and to the satisfaction of
the Town's authorized representatives.
D. The contractor shall be responsible for all construction facilities and temporary
controls. These items would include all temporary electric, heat, telephone, water
and sanitary facilities. Barricades shall be provided around all hazardous areas
during construction and shall be maintained and lighted in accordance with all State
and Local Code requirements.
E. The contractor may submit substitutions for products specified herein, where such
substitutions are allowed. Requests for substitutions shall be submitted with
complete data necessary to substantiate compliance with the contract documents.
All substitutions shall be approved in writing prior to being ordered, fabricated or
incorporated into the work. No claims for additional costs related to substitutions
will be allowed.
F. The contractor is specifically advised that he shall be responsible for on-site safety
in regard to his area of work and shall indemnify and hold harmless the Town of
Southold and the Architect from any and all claims resulting from on-site accidents
or safety conditions.
G. The contractor shall be responsible for cleaning all work related debris generated
during this project in a timely fashion. All brush & debris generated at this site shall
be deposited by the contractor at the Southold Town Collection Center at NO COST.
REPLACEMENT OF BRUSHES CREEK BRIDGE
Page 1
PROJECT REQUIREMENTS & GUIDELINES
# 1. GENERAL PROJECT DESCRIPTION: The existing concrete & steel bridge system
spanning Brushes Creek shall be removed. A new Structural Plate Box Culvert,
model # 44C, as Mfg. by CONTECH Construction Products will be supplied by the
Town and shall be installed by the contractor.
# 2. CONSTRUCTION SCHEDULE / TIME FRAME: The above referenced construction
shall take place in the spring of 1996 between April 15 & May15. The contractor
shall be responsible for all scheduling & preparation work necessary to complete
this project in a timely manner. The Town of Southold will authorize the closing of
Peconic Bay Boulevard for a Maximum Period of ten (10) working days. Failure to
comply with this requirement will result in compensation to the Town of Southold in
the amount of five hundred dollars ($ 500) per day for every day beyond the time
limit allowed. The actual closure dates will be coordinated with the Town by the
contractor prior to start of construction.
# 3. CONSTRUCTION SIGNS & TRAFFIC CONTROL: The contractor shall be
responsible for supplying and maintaining all caution and construction signs required
for this project. This signs shall include but not be limited to "BRIDGE CLOSED",
"NO THROUGH TRAFFIC", "LOCAL TRAFFIC ONLY" signs located where Bray
Ave. (to the east) and Laurel Ave. (to the west) intersect with Peconic Bay
Boulevard. Caution, Construction, Men Working and Road Closed signs will be
required at 200' intervals on both sides of the bridge for a minimum distance of
1,000' away from the construction site. The contractor shall also provide flashing
lights and tactile warning devices at the construction site during the evening hours.
# 4. PERMITS: A copy of the DEC Permit shall be attached to this "RFP". All
construction requirements listed in the permit shall be considered a requisite of this
project. The contractor shall coordinate all DEC requirements with the Town
Engineer prior to construction.
# 5. ASSEMBLY OF THE BOX CULVERT: The contractor shall be responsible for the
assembly of the Structural Plate Box Culvert. The culvert will be supplied by the
Town of Southold and shall be unit # 44C as Mfg. by Contech Construction
Products, Inc. The overall dimensions of this unit are 19'-5" wide x 6-11" high x
30'-0" long and has a full invert. The box culvert shall be assembled by the
contractor in the north east corner of the Mattituck Park District property located on
Peconic Bay Boulevard, approximately 1.4 miles east of the construction site. The
contractor shall be responsible for the transportation of the assembled culvert to the
construction site.
REPLACEMENT OF BRUSHES CREEK BRIDGE
Page 2
# 6. REMOVAL OF THE EXISTING BRIDGE: The contractor shall be responsiblefor
the dismantling and removal of the existing bridge. All guard rails, steel girders,
concrete decking, the westerly concrete abutment and all wooden bulkhead material
located within the limits of construction shall be removed by the contractor. All
debris generated from this project can be disposed of by the contractor at the Town
Collection Center on County Rte. 48 in Cutchogue at NO COST. The contractor
shall be responsible for all trucking, loading & hauling operations.
# 7. EXISTING UTILITIES: The gas main shall be disconnected by the Long Island
Lighting Company for the duration of this project. The water main shall remain in
service during construction. The contractor shall be responsible for providing all
temporary supports and safeguards to prevent damage during construction.
# 8. UNCLASSIFIED EXCAVATION: The contractor shall be required to set a bench
mark to establish the grade of the existing bridge surface as elevation 0+00. Once
the bridge has been removed, the creek bottom shall be excavated to an elevation
of minus (-) 10'-6". The dredged area shall be of sufficient area to allow for
placement of the new culvert. All dredge spoil shall be removed and disposed of
at an approved upland site.
# 9. PREPARATION OF THE CREEK BOTTOM: A system of HDPE Geogrid and a
non -woven Geotextile shall be placed on the creek bottom over the entire area to
be covered by the new culvert invert. (Note: verify the exact location of the new
culvert with the Town Engineer prior to setting fabric.) A backfill material consisting
of clean gravel shall be placed over the fabric and leveled to an elevation of minus
(-) 9'-6". (approximately 12" thick) (Note: The geogrid and Geotextile shall stop just
short of both culvert ends to allow for the installation of the toe walls and headwalls.)
Samples of all proposed HDPE materials shall be submitted to the Town Engineer
for approval.
#10. PLACEMENT & INSTALLATION OF THE NEW BOX CULVERT: The contractor
shall be responsible for all procedures, controls and equipment necessary for the
propper placement & alignment of the new culvert. All headwalls & wing panels
shall be installed as per mfg's specifications.
#11. BACKFILLING: The contractor shall provide a continuous layer of non -woven
geotextile fabric over all culvert surfaces prior to backfilling. (Trevira Spunbound -
Type 1135 or equal) The entire structure shall be backfilled with clean sand &
gravel and shall be compacted in twelve (12") inch uniform lifts on both sides of the
new structure.
REPLACEMENT OF BRUSHES CREEK BRIDGE
Page 3
#12. LILCO GAS MAIN: The contractor shall be responsible for the installation of a 40'
length of 8" diameter steel pipe to be used as a casing sleeve for the new gas main.
LILCO will supply the pipe. This 40' length of pipe shall be installed on top of the
new culvert in line with the existing gas main and parallel to the existing profile of
the road. The backfill material shall be completely consolidated around the pipe
sleeve to prevent settlement or movement of the pipe. LILCO will re -connect the
gas main through the sleeve prior to construction of the road surface.
#13. PATCHING & REPAIRING EXISTING BULKHEAD: The contractor shall be
responsible for extending the existing bulkheads on the south side of the new
culvert. The bulkhead extensions shall butt evenly to the face of the new headwall
and shall have a continuous layer of filter fabric between the bulkhead & the
headwall.
#14. ROAD CONSTRUCTION: Once the backfill material has been properly
consolidated & compacted the contractor shall construct the asphalt road surface.
Existing pavement edges shall be saw cut and rough grading shall be such that the
final pavement surface will have a uniform and even transition between new and
existing pavement. The surface of the new pavement shall have a 3" crown and an
elevation of 0+00 as set by the job site bench mark. This road surface shall meet
the minimum requirements of the Town highway specifications and shall consist of
the following three items. 1) A four (4") inch compacted lift of 3/4" stone blend
base. 2) A two & one half (2 1/2") inch lift of asphalt binder course. 3) A one & one
half (1 1/2") inch lift of asphalt wearing course.
#15. GUARD RAILS: The contractor shall be responsible for supplying & installing of one
hundred twenty (120') lineal feet of metal guard rail. (sixty feet on either side of the
road and centered on the new culvert) The new guard rail, installation details and
location of the rail shall be subject to the Town Engineers approval.
REPLACEMENT OF BRUSHES CREEK BRIDGE
Page 4
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I of 2
#ORK STATE DEPARTMENT OF ENVIRONMENTAL CONATION
-DEC PERMIT NUMBER EFFECTIVE DATE
1-4738-01090/00001-0 May 3 1995
FACILITY/PROGRAM NUMBER(S) p E ('T EXPIRATION DATE(S)
Under the Envirora mtal May 31, 1998
Conservation Lar
TYPE OF PERMIT ■ New ❑ Renewal 0 Modification 0 Permit to Construct ❑ Permit to Operate I
Article 15, Title 5: Protection
of Waters
0 Article 15, Title 15: Water
Supply
❑ Article 15, Title 15: Water
Transport
❑ Article 15, Title 15: Long
Island Wells
0 Article 15, Title 27: Wild,
Scenic and Recreational Rivers
0 Other:
I 6NYCRR 608: Water Quality
Certification
❑ Article 17, Titles 7, 8: SPDES
❑ Article 19: Air Pollution
Control
❑ Article 23, Title 27: Mined Land
Reclamation
0 Article 24: Freshwater Wetlands
Article 25: Tidal Wetlands
❑ Article 27, Title 7; 6NYCRR 360:
Solid Waste Management
0 Article 27, Title 9; 6NYCRR 373:
Hazardous Waste Management
0 Article 34: Coastal Erosion
Management
0 Article 36: Floodplain
Management
❑ Articles 1, 3, 17, 19, 27, 37;
6NYCRR 380: Radiation Control
PERMIT ISSUED TO
TELEPHONE NUMBER
Town of Southold
ADDRESS OF PERMITTEE
Town Hall - Main Road
Southold NY 11971
CONTACT PERSON FOR PERMITTED WORK
TELEPHONE NUMBER
Same as Permittee
May 3, 1995
NAME AND ADDRESS OF PROJECT/FACILITY
Brushes Creek Bridge
Peconic Bay Blvd.
LOCATION OF PROJECT/FACILITY
Southold
COUNTY
TOWN
WATERCOURSE
NYTM COORDINATES
Suffolk
Southold
Brushes Creek
CE9MIPTI(IN (3: AJTFMIZE) ACTIVITY
Remove existing bridge and replace with culvert. Place 200 cubic yards of clean fill. All work shall be in accordance
with the attached NYSDEC approved plan dated 5/2/95.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the
ECL, ail applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of
this permit.
DEPUTY REGIONAL PERMIT ADMINISTRA-
ADDRESS
TOR:
George W. Hammarth
Bldg. 40, SUNY, Room 219, Stony Brook, NY 11790-2356
AUTHORIZED SIGNATURE
DATE
nt.s„��� 2
May 3, 1995
Page 1 of 6
Inspections
1. The permitted site or facility, including relevant records, is subject to in-
spection at reasonable hours and intervals by an authorized representative of
the Department of Environmental Conservation (the Department) to determine
whether the permittee is cxtrplying with this permit and the ECL. Such represen-
tative rray order the work suspended pursuant to ECL 71-0301 and SAPA 401(3).
copy of this permit, including all referenced rreps, dravings and special)
conditions, rrust be available for inspection by the Department at all tirres at
the project site. Failure to produce a copy of the permit upon request by a
Department representative is a violation of this permit.
Permit Changes and Renewals
2. The Depart ent reserves the right to modify, suspend or revoke this permit when:
a ) the supe of the permit ted ' activity is exceeded or a Violation of any
condition of the permit or provisions of the ECL and pertinent regula-
tions
egula-
tions is fourxi ;
b) the permit wes obtained by misrepresentation or failure to disclose
relevant facts;
c) new material information is discovered; or
d) envirormnental conditions, relevant technology, or applicable lav or
regulation have materially changed since the permit wes issued.
3. The permittee must sutrmit a separate written application to the Department for
renwa 1, modification or transfer of this permit. Such application rrust include
any forms, fees or supplErmntal inforrration the Department requires. Any
rene,Ael, rnodification or transfer granted by the Department rrust be in writing.
4. The permitteerTust submit a renenel application at least:
a) 180 days before expiration of. permits for State Pollutant Discharge
Elimination System (SFCES), Hazardous VAbste Nbnagemrent Facilities
((-'MT:), major Air Po l I ut i on Control (APC) and So I i d Waste Nhnagen-ent
Facilities (SM F); and
b) 30 days before expiration of all other permit types.
5. )Mess expressly provided for by the Department, issuance of this permit does
not modify, supersede or rescind any order or determination perviously issued by
the Department or any of the terms, conditions or requirements contained in such
order or determination.
Other Legal CbIigat ions of Permittee
6. The permittee has accepted expressly, by the execution of the application, the
full legal responsibility for all damages, direct or indirect, of whatever
nature and by WxrTever suffered, arising out of the project described in this
permit and has agreed to indemnify and save harmless the State from suits,
actions, damages and costs of every name and description resulting from this
project.
7. This permit does not convey to the permittee any right to trespass upon the
lands or interfere with the riparian rights of others in order to perform the
permitted work nor does it authorize the irrpa i anent of any rights, title, or
interest in real or personal property held or vested in a person not a party to
the permit.
8. The permittee is responsible for obtaining any other permits, approvals, lands,)!,
easements and rights-of-way that may be required for this project.
2 of
0
i
95 -20 -ba (7192)-25c
A17DITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34
and 6 NYCRR Part 608 ( Tidal Wetland )
9 That if future operations by- the State of New York require an al-
other environmentally deleterious materials associated with the
teration in the position of the structure or work herein authorized, or
project.
if, in the opinion of the Department of Environmental Conservation
13
Any material dredged in the prosecution of the work herein permitted
it shall cause unreasonable obstruction to the free navigation of said
shall be removed evenly, without leaving large refuse piles, ridges across
waters or flood flows or endanger the health, safety or welfare of
the bed of a waterway or floodplain or deep holes that may have a
the people of the State, or cause loss or destruction of the natural
tendency to cause damage to navigable channels or to the banks of
resources of the State, the owner may be ordered by the Department to
a waterway.
remove or alter the structural work, obstructions, or hazards caused
thereby without expense to the State, and if, upon the expiration or
14
There shall no unreasonable interference with navigation by the work
revocation of this permit, the structure, fill, excavation, or other
herein authorized.
o
modification of the watercourse hereby authorized shall not be corn-
15
If upon the expiration or revocation of this permit, the project hereby
pleted, the owners, shall, without expense to the State, and to such
authorized has not been completed, the applicant shall, without expense
extent and in such time and manner as the Department of Environmental
to the State, and to such extent and in such time and manner as the
Conservation may require, remove all or any portion of the uncompleted
Department of Environmental Conservation may require, remove all or
structure or fill and restore to its former condition the navigable
any portion of the uncompleted structure or fill and restore the site
and flood capacity of the watercourse. No claim shall be made against
to its former condition. No claim shall be made against the State of
the State of New York on account of any such removal or alteration.
New York on account of any such removal or alteration.
10 That the State of New York shall in no case be liable for any damage
16
If granted under 6 NYCRR Part 608, the NYS Department of Environ -
or injury to the structure or work herein authorized which may be caused
mental Conservation hereby certifies that the subject project will not
by or result from future operations undertaken by the State for the
contravene effluent limitations or other limitations or standards under
conservation or improvement of navigation, or for other purposes, and
Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977
no claim or right to compensation shall accrue from any such damage.
(PL 95-217) provided that all of the conditions listed herein are met.
11 Granting of this permit does not relieve the applicant of the responsi-
17
All activities authorized by this permit must be in strict conformance
bility of obtaining any other permission, consent or approeal from
with the approved plans submitted by the applicant or his agent as part
the U.S Army Corps of Engineers, U.S. Coast Guard. New York State
of the permit application.
Office of General Services or local government which may be required.
James A. Richter
Such approved plans were prepared by
12 All necessary precautions shall be taken to preclude contamination
4/05/95
of any wetland or waterway by suspended solids, sediments, fuels.
on
solvents, lubricants, epoxy coatings, paints. concrete. leachate or any
SPECIAL CONDITIONS
1. During construction, concrete or leachate shall not escape
or be discharged, nor shall washings from transit mix
trucks, mixers, or other devices enter tidal wetlands and or
protected buffer areas.
2. Any debris or excess material from construction of this
project shall be completely removed from the adjacent area
(upland) and removed to an approved upland area for
disposal. No debris is permitted in tidal wetlands and or
protected buffer areas.
3. There shall be no disturbance to vegetated tidal wetlands or
protected buffer areas as a result of the permitted
activity.
MC TRAIT NUNiRtR
1— /)O—UIU7U UU UI—U
PRO CRAM FACILITY NUMBLR
Page 3 0f 6 J
95-20.6f (7187)-25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIONlow
SPECIAL CONDITIONS
For Article 25 ( Tidal Wetland
4. All areas of soil disturbance resulting from this project
shall be stabilized immediately following project completion
or prior to permit expiration, whichever comes first. The
approved methodologies are as follows:
a. stabilization of the entire disturbed area with appropriate
vegetation (grasses, etc.).
b. stabilized as per specifications identified on approved
plans.
C. temporarily stabilized with straw or hay mulch or jute
matting or other similar natural fiber matting within 1 week
of final grading. Temporary stabilization shall be
maintained until a mature vegetative cover is established.
5. The storage of construction equipment and materials shall be
confined to within the project work site and or upland areas
greater than 50 linear feet from the tidal wetland boundary.
6. All fill shall consist of "clean" sand, gravel, or soil (not
asphalt, flyash, broken concrete or demolition debris).
7. All peripheral berms, cofferdams, rock revetments, seawalls,
gabions, bulkheads etc. shall be completed prior to
placement of any fill material behind such structures.
8. Equipment operation below apparent high water is strictly
prohibited.
9. Prior to any construction or removal of bulkheads and other
shoreline stabilization structures all backfill shall be
excavated landward of the bulkhead and retained so as not to
enter the waterway, tidal wetland or protected buffer area.
10. A row of staked haybales shall be placed at the seaward edge
of the road shoulder prior to commencement of regulated
activities and remain in place until project is completed
and all disturbed areas are stabilized with vegetation.
11. Excavated sediments shall be placed directly into the
approved disposal site or conveyance vehicle. No
sidecasting (double dipping) or temporary storage of dredge
material is authorized.
DEC PERMIT NUMBER
FACILITY ID NUMBER
PROGRAM NUMBER
Page 4 of 6
95-20-6f (7187)-25c
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
For Article 25 (_ Tidal Wetland
12. The disturbed wetland areas shall be planted with
appropriate wetland plants and the applicant shall ensure a
minimum of 85% survival of plantings by the end of five
growing seasons. If this goal is not met, the applicant
shall re-evaluate the restoration project in order to
determine how to meet the mitigation goal and submit plans
to be approved to the Bureau of Marine Habitat Protection,
Building 40 SUNY, Stony Brook, NY 11790-2356.
Supplementary Special Conditions'(A) through (F) attached
DEC PERMIT NUMBER
1-4738-01090/00001-0
FACILITY ID NUMBER
PROGRAM NUMBER
5 6
Page of
OPPLEMENTARY SPECIAL cONDAONS
'The following conditions apply to all Tidal Wetlands; Freshwater
Wetlands; Coastal Erosion Management; and Wild, Scenic, and
Recreational Rivers Permits:
A. A copy of this permit, including all conditions and
approved plans, shall be available at the project site
whenever authorized work is in progress. The permit
sign enclosed with the permit shall be protected from
the weather and posted in a conspicuous location at the
work site until all authorized work has been completed.
B. The permittee shall require that any contractor,
project engineer, or other person responsible for the
overall supervision of this project reads, understands,
and complies with this permit and all its general,
special, and supplementary special conditions. Any
failure to comply precisely with all of the terms and
conditions of this permit, unless authorized in
writing, shall be treated as a violation of the
Environmental Conservation Law. If any of the permit
conditions are unclear, the permittee shall contact the
Division of Regulatory Affairs at the address on page
one or telephone (516) 444-0365.
C. If project design modifications become necessary after
permit issuance, the permittee shall submit the
appropriate plan changes for approval by the Regional
Permit Administrator prior to undertaking any such
modifications. The permittee is advised that
substantial modification may require submission of a
new application for permit.
D. At least 48 hours prior to commencement of the project,
the permittee and contractor shall sign and return the
top portion of the enclosed notification form
certifying that they are fully aware of and understand
all terms and conditions of this permit. Within 30
days of completion of the permitted work, the bottom
portion of that form shall also be signed and returned,
along with photographs of the completed work and, if
required, a survey.
E. For projects involving activities to be undertaken in
phases over a period of more than one year, the
permittee shall notify the Regional Permit
Administrator in writing at least 43 hours prior to
recommencing work in subsequent years..
F. The granting of this permit does not relieve the permittee
of the responsibility of obtaining a grant, easement, or
other necessary approval from the Division of Land
Utilization, Office of General Services, Tower Building,
7mpire State Plaza, Albany, NY 12242 (516) 474-2195, which
may be required fcr any encroachment upon State-owned lands
under -dater.
DEC Permit No. 1-4738-01090/00001-0 Page 6 of 6
1]
9520.1 {8187}-9d
New York State
Department of Environmental Conservation
'ah NOTICE
Am
Wilma
The Department of Environmental Conservation (DEC) has issued
permit(s) pursuant to the Environmental Conservation Law
for work being conducted at this site. For further information
regarding the nature and extent of work approved and any
Departmental conditions on it, contact the Regional Permit
Administrator listed below. Please refer to the permit number
shown when contacting the DEC.
Regional Permit Administrator
Permit Number I"4173F-O/O OOO /-0 ROBERT A. GkttI'4t
Expiration Date '5-, gZ- lof _
NOTE: This notice is NOT a permit
0
PROJECT DESCRIPTION
0
REPLACEMENT OF AN EXISTING BRIDGE AT BRUSHES CREEK WITH THE
INSTALLATION OF A STRUCTURAL PLATE BOX CULVERT.
PECONIC BAY BOULEVARD, LAUREL, NEW YORK 11948
THIS PROJECT INCLUDES THE DISMANTLING AND REMOVAL OF THE
EXISTING BRIDGE SPANNING BRUSHES CREEK. THE WATER MAIN
RUNNING THROUGH THE BRIDGE WILL REMAIN IN SERVICE DURING
CONSTRUCTION.
THE TOWN OF SOUTHOLD WILL SUPPLY THE CULVERT TO BE ASSEMBLED
& INSTALLED BY THE CONTRACTOR. THE DIMENSIONS OF THIS CULVERT
ARE AS FOLLOWS: 19'-5" WIDE x 6-11" HIGH x 30'-0" LONG.
ALL NECESSARY EXCAVATION WORK & REQUIRED DREDGING SHALL BE
PERFORMED BY THE CONTRACTOR.
THE REMOVAL AND TRANSPORTATION OF ALL DEBRIS AND DREDGE SPOIL
GENERATED FROM THIS PROJECT SHALL BE THE CONTRACTORS
RESPONSIBILITY. THIS MATERIAL CAN BE DISPOSED OF AT THE TOWN
COLLECTION CENTER AT NO COST.
THIS PROJECT WILL REQUIRE THE USE OF HDPE GEOGRID & GEOTEXTILE
MATERIAL THAT WILL BE USED TO STABILIZE THE CREEK BOTTOM AND
TO PREVENT FILL FROM WASHING THROUGH ANY OPENINGS THAT REMAIN
IN THE CULVERT OR THE REPAIRED BULKHEAD. ALL NECESSARY
GEOTEXTILE AND BACKFILL MATERIALS SHALL BE SUPPLIED BY THE
CONTRACTOR.
THIS PROJECT WILL REQUIRE THE CONSTRUCTION OF A NEW ROAD
SURFACE TO MEET THE MINIMUM REQUIREMENTS OF THE TOWN HIGHWAY
SPECIFICATIONS. NEW GUARD RAILS WILL ALSO BE REQUIRED.
REQUESTS FOR FURTHER INFORMATION & ALL INQUIRIES SHOULD BE
ADDRESSED TO THE ARCHITECT: STED, PECONIC LANE, PECONIC, NEW YORK
11958 -ATTENTION -JAMES A. RICHTER, R.A. (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 Project Requirements & Guidelines outlined in the Request for Proposal.
REPLACEMENT OF BRUSHES CREEK BRIDGE
INDEX TO REQUEST FOR PROPOSAL
PROPOSAL REQUIREMENTS
Request for Proposals
Instructions to Bidders
Proposal Form
Statement of Non -Collusion
N.Y.S. Affirmative Action Certification
AIA Bid Bond
GENERAL CONDITIONS
AIA General Conditions
Supplementary General Conditions
AIA Performance Bond
General Release
Prevailing Wage Rates
Compliance with the Labor Law &
Other Dept. of Labor Regulations
Non -Discrimination Clause
PROJECT REQUIREMENTS & GUIDELINES
General Conditions
Project Requirements & Guidelines
DRAWINGS & ATTACHMENTS
PLAN
CROSS SECTION
NYS DEC Permit
Aluminum Box Culvert Catalog
(CONTECH Construction Products Inc.)
A - 1 through A - 1
B - 1 through B - 3
C - 1 through C - 2
D - 1 through D - 2
E - 1 through E - 1
AIA Document # A310
AIA Document # A201
G-1 through G-2
AIA Document # A311
H - 1 through H - 1
SECTION - L
M - 1 through M -10
N - 1 through N - 2
Page 1 through Page 1
Page 2 through Page 4
Dwg . # 1 A
Dwg. # 2 A
Attached
Attached
REPLACEMENT OF BRUSHES CREEK BRIDGE
REQUEST FOR PROPOSALS ("RFP")
PROJECT: THE REPLACEMENT OF AN EXISTING BRIDGE AT BRUSHES CREEK
WITH THE INSTALLATION OF A STRUCTURAL PLATE BOX CULVERT.
The town Board of the Town of Southold will receive proposals for furnishing all of the
labor, materials and equipment as required for the replacement of the Brushes Creek
Bridge located on Peconic Bay Boulevard in Laurel, N.Y. in accordance with the project
requirements & guidelines as outlined by James A. Richter, R.A., Southold Town
Engineering Department, Peconic Lane, Peconic, N.Y.
PHASE I: RFPs 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 - MARCH 21 1996
PHASE II: (If Required) RFPs will be reviewed and discussed to correct any deficiencies
in the contractors proposal.
PHASE III: Best and Final Offer shall be selected. This request for proposal 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.
All project requirements & guidelines 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 Request for Proposals. There are no
refunds.
The Town of Southold reserves the right to waive any informalities, and to reject any or all
bids, and to retain proposals for 45 days from the date of receipt. The CONTRACTOR
SHALL NOT withdraw his proposal 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.
Peerformance and Payment Bonds in the amount of fifty percent (50%) of the contract
price will be required of the successful bidder.
Dated: February 22, 1996 BY ORDER OF THE SOUTHOLD TOWN BOARD
By: Judith T. Terry
Southold Town Clerk
REPLACEMENT OF BRUSHES CREEK BRIDGE
A-1
0
INSTRUCTIONS TO BIDDERS
A. PROPOSALS
:7
Proposals must be made in strict accordance with the "Proposal Form" provided. The
bidders shall write in ink, both in words & numerals, the price for which he proposed: to
furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other
facilities, & to perform all labor and services necessary for the proper completion of the
work in strict accordance with the project requirements & guidelines, 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 Request for Proposals 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 & related prices have been reviewed and all proposal deficiencies
have been corrected, 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 has 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 requirements of the project, visit the site of work, and
fully inform themselves of all conditions and matters which can in any way affect the work
or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings,
specifications, or other documents or should he be in doubt as to their meaning, he should
at once notify the Architect who may issue a written instruction to all bidders.
REPLACEMENT OF BRUSHES CREEK BRIDGE
NM
0 0
D. PUBLIC OPENING OF PROPOSALS
Proposals will be opened and read publicly at the time and place indicated in the Request
for Proposals. 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 practical after all deficiencies have been
corrected. A contract may be awarded to a responsible bidder other than the lowest
money bidder, if it is in the best interest of the Town. No bid may be withdrawn after
scheduled closing time for receipt of bids for a period of 45 days pending execution of a
contract by successful bidder. The competency and responsibility of the bidder and his
sub -contractors will be considered in making the award. The Town reserves the right to
waive any technical error, to accept any bid, or to reject any or all bids. The 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 forty-five (45)
days after reviewing the best & final offers submitted by the bidders. 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.
F. WITHDRAWALS OF PROPOSALS
Any bidder upon his or her authorized representative's written request presented not later
than the hour set for the opening thereof, will be given permission to withdraw his proposal.
At the time of opening the proposals, when such proposals are reached, it will be returned
to him unread.
REPLACEMENT OF BRUSHES CREEK BRIDGE
B-2
G. REJECTION OF PROPOSALS
The Town reserves the right to waive any technical error and to reject any and/or all
proposals. Without limiting the generality of the foregoing, any proposal which in
incomplete, obscure, or irregular may be rejected; any proposal accompanied by an
insufficient or irregular certified check or bidder's bond bay be rejected, any proposal
having interlineation, erasure or corrections may be rejected.
H. PLANT & EQUIPMENT
The bidder shall state in his bid that be has available or under his control, plant and
equipment of the character and in the amount required to complete the proposed work
within the specific time.
TIME FOR EXECUTION OF CONTRACT
Any bidder whose proposal shall be accepted will be required to appear before the Town
in person; or if a firm or corporation, a duly authorized representative shall so appear, and
execute six (6) copies of the Contract within ten (10) days after notice that the Contract has
been awarded to him. Failure to execute Contract shall constitute a breach of the
agreement effected by the acceptance of the Proposal.
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 herein before 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 COMPLETE WORK
The contractor shall perform the work between March 15 & April 15, in the year 1996 and
shall complete the work within the calendar day limit as set forth by him in his Proposal.
During this time, the Town will officially close the road for a period of ten (10) working days.
The actual closure dates will be coordinated with the Contractor prior to start of
construction.
REPLACEMENT OF BRUSHES CREEK BRIDGE
AM
PROPOSAL FORM
DATE: NA' la
NAME OF BIDDER: Avytfflo� �✓s4l't'Li ova- (tKp.
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 project requirements dated: February 5, 1996, including
bidding requirements, contract, general and special conditions, specifications, contract
drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must
be included as indicated on bottom page); that he has satisfied himself by personal
examination of the proposed work, and by such other means as he may have chosen, as
to the conditions and requirements of the work; and he proposed and agrees that if his
proposal be accepted he will contract to furnish all materials not provided by the Town (See
Specifications) and to perform all the work required to construct, perform and complete the
work at:
BRUSHES CREEK BRIDGE, PECONIC BAY BOULEVARD
TOWN OF SOUTHOLD, LAUREL, NEW YORK
and all other work in connection therewith, in accordance with the project requirements and
addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering
Department, Peconic Lane, Peconic, New York 11958, and shall comply with all the
stipulations contained therein; and that he will start the work as directed by the Town, he
will accept, in full payment thereof as listed below:
REPLACEMENT OF BRUSHES CREEK BRIDGE
C-1
REMOVAL AND DISPOSAL OF THE EXISTING CONCRETE/STEEL BRIDGE
SPANNING BRUSHES CREEK. THE REMOVAL AND DISPOSAL OF ALL GUARD
RAILS, WOODEN BULKHEAD AND THE WESTERLY CONCRETE ABUTMENT.
ASSEMBLY AND INSTALLATION OF NEW STRUCTURAL PLATE BOX
CULVERT, HEADWALLS AND WING PANELS AS SUPPLIED BY THE TOWN.
PROVIDE ALL REQUIRED EXCAVATIONS, GEOGRID & GEOTEXTILE,
BACKFILL MATERIAL, NEW ROAD SURFACE AND NEW GUARD RAILS.
FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN
ACCORDANCE WITH THE PROJECT REQUIREMENTS. THE ABOVE
REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED
"LUMP SUM" OF:
(written in words)
L)
(written in num
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, shall have been deposited in the mail addressed to him at the
address given in the proposal, that he shall be considered to have abandoned the contract
and the sum represented by the certified check accompanying this proposal shall be
forfeited to the Town as Liquidated damages; otherwise the certified check shall be
returned to the bidder within forty-five (45) days after the date of receiving the proposals.
We the undersigned, further agree that this proposal shall be reviewed by the Town to
correct any deficiencies in the proposed scope of work and, if no corrections are
necessary, 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 p#1iod,__ , _ �—
Signature of Bidder:
Business Address: Iq,�,' V)0-� �, S-4 -
Telephone Number:
Date: 31d,) (a(,
REPLACEMENT OF BRUSHES CREEK BRIDGE
C-2
STATEMENT OF NON -COLLUSION
(To be completed by each Bidder)
In accordance with Section 103-d General Municipal Law, effective September 1, 1966,
every bid or proposal hereafter made to a political subdivision of the State of any public
department, agency, or official thereof or to a fore district or any agency or official 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, an in the case of a joint bid, each party thereto certifies as to its
own organization, under penalty of perjury, that to the best of knowledge and belief:
(1) The prices in this bid have been arrived at independently without collusion,
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 induceanyo her
person, partnership, or corporation to submit or not to submit a bid for the
purpose of restricting competition.
B. The person signing this bid or proposal certifies that he has fully informed himself
regarding the accuracy of the statements contained in this certification, and under
the statements contained in this certification, and under the penalties of perjury,
affirms the truth thereof, such penalties being applicable to the bidder, as well as
the person signing in its behalf.
C. That attached hereto (if a corporate bidder) is a certified copy of resolution
authorizing the execution of this certificate by the signature of this bid or proposal
in behalf of the corporate bidder.
REPLACEMENT OF BRUSHES CREEK BRIDGE
D-1
RESOLUTION
Resolved that be
(Name of Corporation)
authorized to sign and submit the bid or proposal of this corporation for the following
Project:
REPLACEMENT OF BRUSHES CREEK BRIDGE
WITH A STRUCTURAL PLATE BOX CULVERT
Peconic Bay Boulevard
Town of Southold
Laurel, New York 11948
and to include in such bid or proposal the certificate as to non -collusion required by section
one -hundred -three -d (103-d) of the General Municipal Law as the act and deed of such
corporation, and for any inaccuracies or mis-statements in such certificate this corporate
bidder shall be liable under the penalties of perjury.
The foregoing is true and correct copy of the resolution adopted by
Am rrl k Yl S4n,tC_i, ),v_ ez�v .
corporation at a meeting of the Board of Directors, held on the
Qu day of M0_'tC'- , 19
(SEAL OF THE CORPORATION)
Laws of New York, 1965
Ch. 751, Sec. 103-d, as amended
effective September 1, 1965
REPLACEMENT OF BRUSHES CREEK BRIDGE
D-2
0
E
NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION
(TO BE COMPLETED BY EACH BIDDER)
Bidder's Certifications:
A bidder will not be eligible for award of a contract under this Invitation for Bids unless such
bidder has submitted as a part of its bid the following certification, which will be deemed
a part of the resulting contract:
BIDDER'S CERTIFICATION
Me
Certifies that:
it intends to use the following listed construction trades in the work under the
contract
2. a. as to those trades set forth in the preceding paragraph one hereof for which
it is eligible under Part 1 of these Bid Conditions for participation in the
Nassau -Suffolk County Plan
it will comply with the said County area within the scope of coverage of that
Plan, those trades being:
oa�j c �4 �r�r n�e.ti� ; and/or,
b. as to those trades for which it is required by these Bid Conditions to comply
with Part II of these Bid Conditions, it adopts the minimum minority man-
power utilization goals and the specific affirmative action steps contained in
said Part II, for all construction work (both state and non -state) in the afore-
mentioned area subject to these Bid Conditions, these trades being:
bu'-Lyre
�Aei 1 rL." ; and,
3. it will obtain from each of its subcontractors and submit to the contracting or
administering agency prior to the award of any subcontractor under this contract the
subcontractor rtification required by the Bid Conditions.
ignature of Authorized Representative of Bidder)
REPLACEMENT OF BRUSHES CREEK BRIDGE
E-1
0
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we Ammer Construction Corp.
192 West 9th street-, Huntington Station, NY ilerf 7ert full name and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and American Automobile Insurance Comapn�
48 So. Ser%rice Rd., Melville,NTY 1i�4?
•State of
ss.
County of
On this day of
0
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 tome that he executed
the same.
My commission expires
Notary Public
--------------------------------------------------- ------------------
State of
ss.
County of
On this day of
to be a member of the firm of
19 , before me personally came
to me known and known to me
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 —A;t,
�6L4 /( I i~ ss.
County of
On this -;U -day of ?K't'c. C--
19 q� , before me personally came
«
co E �K-,,–P4Ce A!'n�ll to me known,
a
c who being by me duly sworn, did depose and say that he is the✓� e�—r
o c
the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed tc
said instrument is such corpora seal; AIA— ed by order of the Board of Directors of said corporation, and that he signed his
name thereto by like order. Pub) � YOM
Qua"W In Suffolk Cooney
My commission expires 7� i:408-
199(, Notary Pubi'
---------------------------------------------------------------------
State of New York
County of
Nassau ss.
On this 18th day of March 96
, 19 , before me personally came
Theresa S. Burke
to me known, who, being by me duly sworn, did depose and say that
he is an attorney-in-fact of American Automobile Insurance Company
the corporation described in and which executed the within instrument; that he knows thecorporate seat of said corporation; that the sea
affixed to the within instrument is such corporate seal, and that he signed the saidinstrument andaffixed the said seal as Attorney -in -Fac-,
by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof.
DARYL HAMILTON
Notary Public, State of No. 5007879 /t„NevYi cater
'� C
My commission expires Quali fie d in - county
Commission Expires Feb. 28, 192 Notary Public
FORM # 13
GEN��EERRR
OF
AAL
rr "EY NWCAN AUTOMOBILE INSURANCE
NTA
KNOW ALL MEN BY THESE PRES at AMERICAN AUTOMOBILE INSURANCE COL Y, a Corporation duly organized and existing under
the laws of the State of Missouri. and having its principal office in the County of Marin. State of California, has made, constituted and appointed, and does by
these presents make, constitute and appoint AGNE S V. MULHALL and THERESA S. B URKE , jointly or
severally
BETHPAGE NY
its true and Lawful Attorneys) -in -Falx. with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any
and all bonds, undertaking. recognizances or other written obligations in the nature thereof _,_—____„_—_`_____________ _y
and to bind the Corporation thereby as fully and to the same extern as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby testifying and confirming ail that the said Attorneys).in Fact may do in the premises.
This power of attorney is granted pursuant to Article VII. Sections 45 and 46 of By -taws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full
force and effect.
"Article VII. Appoiatmmt and Am*oatr of Resident Secetsrtct, Attorncl-ia-Farr sad Agents to wept legW Process and Make Appe rzaces.
Setioa 45. Appoiataseat. The Chairman of the Board of Directors, the President. any Viae-Pretideat or oar other person authorized by the Board of
Directors. the Chairman of the Board of Directors, the President or =7 Vioe-?tesideat may, from time to time, appoint Resident Assistant Secretaries and
Atterneytia-Fact to repeesest and act for and on behelf of the Corporation and Agents to accept legal proem and make appearances for and an behalf of the
Corporadoo.
Section 46. Andmw tl. The authority of such Resident Assistant Secretariat. Attorneys -in -Fact mad Agents shall be as prescribed in the imtzoment evidencing
thedrappointmest. Any such appeinamentasd ail aatbority ¢sated thaeb7 may be revoked atony time by the Board of Directors or by any person eatpowrered to
Make such mppwis tment
This power of attorney is signed and sealed mtder and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meetiag duly trilled and held on the 31st day of July. 1984, and said Resolution has not beett amended or
repealed:
"RESOLVED, that the signature of any Vice -President. Assist= Secretary. and Reside= Acei ant Secretary of this Corporation, and the scat of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney. or on any certificate relating thereto, by facsimile.
and any power of attornm any revocation of any power of attorney, or cerdfrcase bearing such facsimile sigaantte or facsimile seal shall be valid and binding
upon the Corporation:*
IN WITNESS WFEEREOF, AMERICAN AUTOMOBILE INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its
corporate seal to be her«mto affixed this 28t day of September 19 cl 4 -
AMERICAN AUTOMOBILE INSURANCE COMPANY
2+`1CA Lei
:• ,��,, By v;oo a,eoaamc
STATE OF CALIFORNIA ss.
COUNTY OF N ARIN
On this ? R r h day of C o „ r e ,� 1, a r 19 0 �. before me personally came M. A. Mallonee
to me known. who, being by me duly swots. did depose and say: that he is Vice•President of AMERICAN AU OMOBLLE INSURANCE COMPANY, the
Cotpomon described in and which executed the above instrument: that he knows thesed of said Corporation: that the sea affixed to the said in strument is such
corporate sad: that it was so affixed by order of the Board of Direaors of said Corporation and that he sighed his name thereto by like order.
IN WITNESS WHEREOF. I have: herama set my hand and affixed nay official sed. the day and year herein fust above written.
OFFICIAL NOTARY SGAL
A. KRIEGER
NomrYPudic —Caffcrflia ttecrnPeelle
MARIN COUWN
My Comm. Exp. MAR 20.1905 CERT FICATE
STATE OF CALIFORNIA ss.
COUNTY OF MAR1N
I, the undersigned. Resident Assistant Secretary of AMERICAN AUTOMOBILE INSURANCE COMPANY, a MISSOURI Corporation, 00 HEREBY
(.,cRTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore that Article VII. Sections
45 and 46 of the By-laws of the Corpotatics. and the Resaiucon of the Board of rs: $a forth' dw Power of Attorney. are now in force.
Signed and traded at tete County of N...tin. Dated the � day of � fes✓
J , I
t I �'r%i ”` a4 ` Raadas .aa+w�w Seas*an
ons
360711 -AA -2-94
Imm
r iremans
Fund
Fireman's Fund
Insurance Company
ASSETS
AMERICAN AAMOBILE INSURANCE COMPANY
SUMMARY FINANCIAL STATEMENT - December 31, 1994
(As Filed with Insurance Department of the State of California)
*Government Bonds S 104,252,107
*State and Municipal Bonds 139,114,024
*Miscellaneous Bonds 204,259,490
+Stocks 37,932,575
Cash in Bank and Company's Office I
Accrued Interest 7,696,435
Premiums in Course of Collection and Other Assets 87.819.162
Total Assets S 581.073.794
LIABILITIES, SURPLUS AND OTHER FUNDS:
Loss and Loss Expense Reserve S 376,912,000
Unearned Premium Reserve 71,229,799
All Other Claims, Demands and Reserves 22.119.951
Total Liabilities 470,261,750
Capital Paid-up S 3,500,000
Net Surplus 107.312,044
Policyholder's Surplus 110,812.044
Total Capital, Surplus and Reserves S 581.073.794
0
*Bonds are stated at Amortized Values
+Stocks are stated at Market Values
State of California )
County of Marin ss
I, M. A. Mailonee, Vice President of American Automobile Insurance Company, do hereby certify that the above is a true
statement of the assets and liabilities of said Corporation as of December 31, 1994, taken from the books and records of
said Corporation.
#" 'FAL
State of California
County of Marin
ss
a V
•
Subscribed and sworn before me, a Notary Public of the State of California, in the County of Marin, this 17th day of
February, 1995.
Gnsunt9s
3CMM : 1031125.
WrARYC, W CORM EVkw Am 26,19Mc
Notary Public of California
777 San Marin Drive, Novato, CA 94998 415 899 2000
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 Ptincipal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the 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)
(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. p
(Seal)
T Ei E
A M E R I, C A N
I N S T I T U T E
c�
AIA DomMew A201
is
O F A R C N I T F C T
General Conditions of the Contract
for Construction
THIS D0 ',11F.A'T HAS 1AIPORTANT LEGAL (,0ASF.QUFNCFS: CON50.7ATIOn'
tt-'1771 AN ATTORNEY IS ENCOURAGED iC7TN RF.SPF.CT TO IT,S MOMFICATIOA'
1987 EDITION
TABLE OF ARTICLES
I. GENERAL PROVISIONS 8. TIME
2. OWNER 9. PAYMENTS AND COMPLETION
3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY
4. ADMINISTRATION OF THE CONTRACT 1 I. INSURANCE AND BONDS
5. SUBCONTRACTORS
6. CONSTRUCTION B�' OWNER OR BY
SEPARATE CONTRACTORS
i. CHANGES IN THE WORK
12. UNCOVERING 'AND CORRECTION OF WORK
13. MISCELLANEOUS PROVISIONS
14. TERMINATION OR SUSPENSION OF TI -IE
CONTRACT
This document has been approved and endorsed h\• the Associated General Contractors of An)erica.
Copyright 191 1 . 1015, 1918, 1925, 19i'. 1951. 195,8. 196t, 1063, 1966, 1967, 197(1, 1976, C) 1987 by The American Institute Of Archi(ects. I -ti4
Ncv, York Avenue, N.\t'., Washington. D.C.. 2000lS. Rclirnduciion of fi1C' mawr(al herein Or suhstanthlI quouition of Its provisions without ceriucn
pern)ission of the AIA %iolatcs the copyright Ian's of the United Slates and will he subject u) legal prosecutions.
CAUTION: YOU shouid use an original AIA document which has this caution printed in red
An original assures that changes will not be obscured as may occur when documents are reproduced
AIA DOCUMENT A201 • GENFRAL CONDI11ONR OF Tlili CONI-RAC'I' FOR COO
NS'TIWC IN • FOURITIiNIII FIJI"IION
AA.
•r I)K'1'lIFAM1:10CANINS '1!'!'t''ri?OFANC)IITFCT.S.17i5NEC'(MIK AVFNIT,N\C'.,WASIIING'R)N,DC 2000, A201-1987 1
WARNING: Unlicensed nhMneopying 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 %E ork ........... 9.6.6, 9.8.2, 9.9.3, 9.)0.1, 9. 10.3
Access to Work ... .. ............. . .. 3.16, 6.2.11 12.1
Accident Prevention . ............... .......... 4,2.3, 10
Acts and ( )missions .. 3.2- t , 3.2.2. 3.3.2, 3.12) 9,3 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 .. ................ .. I.1. I, 3.11
.....
Additional Cost, Claims for ......... 4.3.6.4. 1. 7, 4.3.9. 6.1.1, 10.3
Additional Inspections and'Festing... .... 4.2.6, 9.8.2, 122.1, 135
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 [aid ...................... 1.1. l
Aesthetic Effect ............................... 4.2.13, 4.5.1
Allowances ........................................ 3.8
All-risk Insurance ...... ........ 1 1 .3.1.1
Applications for Payment .. =4.2.5, 7.3.7, 9 2, 9.3, 9.4, 9.5. t , 9.6.3,
9.8.3, 9. 10. L 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, 1 3. 5
Arbitration 4.1.4, 4.3.2, 4.3.4, 4.4.4, 4. 5,
8.3.1, 1O.I 2. 11.3.9, 11.3.10
Architect ..... 4.1
Architect. Definition of . .......................... 4.1 .1
Architect, Extent of Authorit}• ....... 2.4, i. 12.6, 4.2. 4.3.2. 4.3.6.
,iA, 5.2. 6.3, 7.1.2, 2.i, 7.3.6, 74, 9.2. 9.3.1,
9.4,95.9.6.3,9.8.2,9.8.3,9.10.1,9.10.3, 12.1, 12.2.1,
13.5.1. 13.5,2, 14.2.2, 14.2.=i
Architect. Limitmion.s of Authority and Rcsponsihility 3.3.3, 3.12.8.
i.12.11, i-1?. 4.2.1, 4.2.2., 4.2.3, 41.6, 1.2.7, 4.2.10, 4.2.12.
41.13, 4.3.2, 5.2.1, 74. 9.4.2, 9.6.4. 9.6.6
Architects Additional Services and 1•:xperuscs .... .... 2.4, 9 8.2.
1 L3.I,1, 12.2.1. 12.2.4. 13.5.', 13.E-3, 14.2.4
Architect's Administration of the Contract .......... 4.2, -i.3.6.
i.3.7. 4.4. 9.4, 9.5
Architect 5 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. I, 4.2.6. 12.1.2. 12.2.1
Architect's Copyright .. ... ..... ....... ............ 1.3
Architect s Decisions. I ... .. 1.2.6,4.2.-, 4?. 1 1, 9,2.12, 4.2.13.
i ,; 9.3.6, L i.1 . -i. i. i, 4.5, 6. 3, 7.3.6, 7.3.8, 8.1 .3. 8.4.1 .
9.2, 9.4. 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 1•j.2.4
Architcct's hispcctions .......... 4.2.2, 4.2.9. 4.3.6, 9.4.2. 9.8.2,
9.9.2, 9.1().1, 1 3. 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. . . . . ............ 4.2.1 1, 4,2.12, 4.3.7
Architects On -Site Observations ........ 4.2.2, 4.2.5. 4.3.6. 9.4.2,
9.5.1, 9.10.1, 13.5
Architects Project Representative ..................... .4.2.10
Architect's Rciationship with Contractor ....... 1.1.2, 3.2.1, 3.2.2,
i.i.3. i,5.1. 3.7.3, 3.1 I, 3.12.8, 3.12.11, 3.16, 3.18, 4.2.3, 4.2.4,
4.2.6. 41.12, 5.2. 6.2.2. 7.3.4, 9.9.2. 1 1.3.7, 12.1, 1 i5
Architects Rrintionship with Subcontractors .... 1.1.2, 4.2.3, 4.2,4.
41.6. 9.6.3, 9.6.4, 11.3.-
Architect's Representations ........ ........ 9.4.2, 9.5.1. 9. 10.1
Architect 5 Site Visit.,; 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
Ashusto. ... .............. ......... I. 10.1
Auomcys' Fees ............. ..... 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
(lidding Requirements. , ... ......... 1.1.1, 1.1.7.5.2.1, 11.4.1
Boiler and Machinery Insurance .... ............ . . 11.3.2
iSondS. 1-icn 9.10.2
Bonds. Pt-rfortnance and P;n.mcnt . ... ,.3.6.4, 9.10.3, 1 1.3.9, 1 L,i
•
Building Permit ........................... ..... I .. 3.-. I
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. , 9.10.1, 9.10.3. 13.7, 14.1.1.3, 14.2.4
Certificates of Inspection, resting or Approval .. .. 3.12.11, 13.5.4
Certificates of Insurance .................. 9.3.2, 9.10.2, 11. 1.3
Change Orders...... I.I.i, 1A.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 ................................. 14.3.1
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, 1O.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. t. 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. 8.3.2, 9.5.1.2, 10. L4
Claims Suhjcct to Arhitration ............... . . 3.2. 4.4.4. 4.5. i
Cleaning Up ............................ 3.15, 6.3
Commencement of Statutory Limitation Period ... ... 13.7
Commencement of the `,Mork. Conditions Relating to .. ... 2.1.2,
2.2.1, 3.2.1, i.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3,- 5.2.1,
6.2.2, 8.1.2. 8.2.2, 9.2. 11.1 .3, 1 1 .3.6. 1 L4. I
Commencement of the Work. Definition of. ............ 8. 1 .2
Communications Facilitating Contract
Administration ........................ 3 9.I, 4.2.4, 5.2.1
Completion, Conditions itelating to ....... 3.1 1, 3.15, 4.2.2. •i1.'?.
4.31, 9.4?, 9.8, 9.9.1, 9.10, 11.3.5. 12.2.2, Ii.7.1
COMPLETION, PAYMENTS AND ................... 9
Completion, Substantial ......... 4.2.9. 4.35?. 8.1.1, 8.1.3, 8.2.4,
9.8. 9.9.1, 12.2.2. 13.7
Compliance with Laws ...... 1 .3, 3.6. 3-7, 3.13, 4.1 .1 . 10.2.2, 1 1 .l ,
1 1.3, 13.1, 13.5.1, 13.5.2, 13.6. 14.1.1, 141.1.3
Concealed or 1 inknown Conditions .......... .... 4.3.6
Condi Iions nf tIIc Conar:aci ................ I.I . I , 1.1.?. (4.1.1
Consent, Written ..... . . . ....... . .. 1 .3.1 , 3.12.8. -3 l,i 4. 1 .2,
4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.'_, 9.10.3,10.1.2, 10.1.3,
11.3.1. 11.3.L4, 11.3.11. 13.2. 13.4.2
CONSTRUCTION BY OWNER OR BY SEPARATE
CONTRACTORS .......................... 1.1.44, 13
Construction Change Directive, Definition of.. . . . . . ...... 7.3.1
Construction Change Directives .... 1.1.1, 4.2.8, -1.1, 7.3, 9.3. I.1
Construction Schedules, Contractor's ............... 3.10, 6.1.3
Contingent Assignment of Subcontracts ........... .... 5.4
Continuing Contract Performance ............. . 4.3.4
Contract, Definition of ...................... ........ 1.1.2
CONTRACT, TERMINATION OR
SUSPENSION OF THE .................. 4.3.7, 5.4.1.1, 14
Contract Administration ....... ........... 3 , 3, 4. 9.4, 9.
Conlract Award and Execution, Condition,, Relating to ......
3.10. 5.2, 9.2, 11.1.3, 1 1.3.6, 11.4.1
Contract Documents, The ....................... 1.1, 1.2, 7
Contract Documents, Copies Furnished and Use of. 1.3. 2.2.5, 5.3
Contract Documents, Definition of ..................... 1.1.1
Contract Performance During Arbitration ......... .. 4.3.4, 4.5.3
Contract Sum .......... ........ 3.8, ,i 3.6. 4.i.', 4.4.4, 5.2.3.
6.1.3, 7.2. 7,.3, 9.1, 9.-. 11.3.1, 12.2A, 121. 3, 14.2.4
Contract Sum, Definition of ..... . .. . ....... .. 9.1
Contract Timc 4.3.6, 4.3.8. 4.-4. i, -.2. 1 .3, 7. 3,
9.-, 12.1.1
Contract Vinic, Definition of ....... ....... ...... ... 8.1.1
AIA DOCUMENT A201 • GF,NFRAI. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION
2 A201-1987 AIA • 1=) 1987, THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NFW YORK AVENI1F-, N.W., WASHINGTON, f),(: 20000
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
11
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 Emplovees 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, I l .l .l , 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, 53, 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, 7.3.4, 9.8.2, 11.3.7, 12.1. 13.5
Contractors Rcprescntations.. 1.2.2, 3.5.1, 3. 12J, 6.2.2. 8.2.1, 9.3.3
Contractors Responsibility for Those
Performing the Work ................. 3.3.2, 3.18, 4.2.3, 10
Contractor's Review of Contract Documents ...... 1.2.2, 3.2, 3.7.3
Contractors Right to Stop the Work ...................... 9.7
Contractor's Right to Temlin:nc the Contract .. ........... I i. I
Contractors Submittal......... 3. 10, 3.1 1, 3,1 2, 4.2.7. 5.2. 1, 5.2.3,
7.3.6, 9.2. 9.3 1, 9.8.2. 9.9.1, 9.111.2,
9.10.3, 10.1.2, 11.4.2. 10 1.4.3
Contractor's Superintendent ...................... 3.9, 1.2.6
Contractors Supervision and Construction Proc'edurc•s...... 1.2.4.
3.3, 3"4, 4.1.3, 8.2.2, 8.2.3, 111
Contractual I.inhility Insurance............ 11.1.1.-, 11.2.1
Coordination :md Correlation 1 .2.2. 1 .2.4. 3.3. 1.
3.IU, 3.12.7, 6.1.3,(1.2.1
Copies Furnished of Drawings and Specifications ... 1.3, 2.25, 3.-1 I
9
Correction of Work ..................... 2.3, 2.4. 4.2.1 , .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. 11.3.12,
1 1 .3-1-3. 1 1 3.4, 11-3.9, 12.1, 122.1. 12.2.4. 12.2.5, 1 i.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, 10.2.12, I0?.5, 10.3, 11.3
Damages, Claims for .. 3.18, 4.3.9, 6.1.1, 6?.5, 8.3.2, 9.5.1.2. 10. L4
Damages for Delayy .................... 6.1.1. 8.3.3, 9.5.1.6.9.7
Date of Commencement of the Work, Definition of ......... 8.1.2
Dale of Substantial Completion, Definition of .............. 8. L3
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, 9.1.3, 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. t .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. I
Definitions ...... 1 .I , 2.1-1, 3.1 , 3.5.1, 3.12.1 , 3.12.2, 3.12.3, 4. L 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. 7.2.1, 7.3.1. 7.3.4, 7,.3.5, 7.3.8,
7.3.9, R.I.I, 8.3, 10. i. 1, 14.1.1.4
Disputes ............ 4.1.4, 4.3, 4.4, 4.5, 6.2.5. 6.3, 7,3.8, 9.3.1.2
Documents and Samples at the Site ...................... 3. 1 1
Dmwings, Dcftnition of I .l .5
i )rm•ings and Specifications, t Ise anti Ownership of ..... I. I .1 . 1 .3.
2.2.5, 3.1 l . 5.3
Duty to Review Contract Documents and Ficid Conditions. 3.2
EffCcuve Datc of Insurance ........ ....... . ..... 8.2.2. 111.2
•
Emergencies ...... .................... .....4.3 7, 10.3
Employees, Contractor's .......... 3.3.2, 3.4.2, 3.8.1. 3. 9. 3.18.1,
3.182, 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 .I .6, 3.4, 3.5. I.
3.8.2, 3.12.3, 3.12.71 3.12.11, 3.13, 3.15.1, 4.2.
6.2.1, 7.3.6, 9.3.2. 9.3.3, 11 3, 12.2.x. 14
Execution and Progress of the Work ....... I . 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. I4.3
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. i 0.3. I
Failure of Payment by Contractor .............. 9 5.1.3. I i.2.1.2
Failure of Pavmcm by Owner ............... 4.3.?, 9.7, Ill, 1.3
F:tulty Work (Sec Defective or Nonconforming Work)
Final Completion and Final Payment ........ 4.2.1, 4.L9, i 3. 2.
4.3.5, 9.10, 1 1 .1 .2, 1 1 .1 .3, 1 1.3-S, 12.3. i , 13 --
Financial Arrangements, Owner's ...................... 2.11
Fire and Extended Coverage Insurance ................. I 1 3
GENERAL PROVISIONS ............ .............. 1
Governing Law ................ ................. 13.1
Guarm ecs (Sc•e Warr:unv and Warrantics)
I laru'dou.s Nimcruds .. ......................... 10. 1, 10.2)., i
Identification of Contract Documents ........... ...... 1.2 1
Idcntific:uion of Subcontractors and Suppliers ....... ... . ;.2 1
Indemnification ....... 3.17. 3.18, 9.10.2, 10. I .4. 1 1 . 3. 1 ?. 1 1 .3. -
Information and Services Required of the Owner. .. 2.1 .2, 2.2,
0.1_3, 6.1.4, ('3.2.6, 9.5.2, 9.6.1, 9.(,.4, 9.R 3, <) ), 2.
9.10.3. 10.1.4, 1 1.2. 1 1 .3, 13.5.1, 13.5.'
Injury or Damage to Person or Property ................ 4.3.9
Inspections ......................... 3.3.3. 3.3.4.
4.2.6.4.2.9,4.3.6,9.4.2.9.82,9.9.2,9.10.1, 13.5
instructions to Bidders ............................. 1 .I . I
Instructions to the Contractor .... 3.8-1, 4.2.8, 5.2. I. 7, 12. 1. 1 3 5?
insurance ....... 4.3.9. 6. L 1, 7.3.6.4, 9-3.2,9.8.2, 9.9.1, 9.10?, 11
Insurance, Boiler and Machinery ......... ........ 11.3.2
Insurance, Contractor's Liability ...................... 11.1
Insurance, Effective Date of ..................... 8.2.2, 1 1 . I .2
Insurance, Loss of Use ........................ . .. 1 1.3 s
Insurance, Owner's Liability ..................... .. 11.2
Insurance, Property ........................... I o.2.5, 11.3
Insurance, Stored Materials 9.3.2, 1 1.3. I . i
INSURANCE AND BONDS ............................ 11
Insurance Companies, Consent to Partial Occupancy .. 9.9.1, 1 1.3. 1 1
Insurance Companies, Sen lenient with .................
intent of the Contract Documents ............... 1 2.3, 3.12.•c.
4.2.6, 4.2.7, 4.2.12, 4.2. 1 3, - 4
Interest... .. ................................... 13.6
Interpretation ........ 1.2.5. 1.4, 1.5, 4.1.1, 4.3.1. 5. I , 6.1.2. 8. I.4
Interpretations. Written .................. 4.2.1 1 . 4.2. 1'_, 4.3.-
loincler and Consolidation of Claims Required .......... .. 4.5.6
Judgment on Final Award ................ 4.5" L 4.5.4.1. 4.5.7
Labor and Materials, Equipment .... 1.1.3, 1.1.6. 3.4, 3.5.1, 3.8.2.
3.12.2, 3.12.3, 3.12.7, 3.12.1 1. 3.1 3, 3.1 5. 1,
4.2.7, 6.2.1. 7.3.6. 9.3.2, 9.:3.3, 12.2 4, 1.11
Labor Disputes .......................... 83 1
Lawsand Regulations .......
9.9.1, 10.2.2. 11-1. 1 13. 13. 1, 13.4, 13.5.1, 13.5._, i 3 6
Liens ............ ..... 2.1.2. 4.3.2, 4.3.;. 1 . 8. 2.2. 9.3.3. 9. 10
Limitation on Consolidation or Joinder ....... ..... 4.5.5
Limitations. Statutes of 4.5.4.1, 1 -1- 2. 1 , -
Limitations of Authority .............. 3.3" t, 4. 1?. •4.2 1.
4.2.3. 4.2.7, 4.2.10, 5.2.2, 5.2.4, 7.4, 11.;.10
AIA DOCUMENT A201 • GENERA!. CONDITIONS OF THE CONTRACT FOR CONSimic-noN • FOURTEFNTII EDITION
AIA" • ��) 1�7R' TIIF. AAIF:RICAN INSTtl'ItTF. OF ARCHITF.CI:S, 1'35 NF.\Y' YORE ACENI!F. N \�'., \C'ASIIING'rc)N, U.c:. �(tn06
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A201-1987 3
0
Linlit:ltlolls of Liability .. . 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3. 12.1 1,
3.17,3.18.4.2.6.42. ,4.2.12,6.2.2,9.42.9.6.4,9.10.4.
10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.42, 13.5-2
I.in)icnion.s of Tine. General ... ... ... 2.2.1. 2.2.4, 32.1, 3.1.3.
3.8.2, 3.10. 3.12.5, 3.15.1. 4.2.1. 42.-, 4.2.11, li.3-2,
9 3. 3, •1.3 •i.•1.3.6, 4.3.9. 4.5.4 2, 5.2.1, 5.2.3. 6.2.4, 7.3.4, 7.4,
8.2, 9S, 9.6.2, 9.8, 9.9. 9.10, 11.1.3, 11.3.1. 11.3.2, 11.3.5,
II3.6,12.2.1,12.2.2.13.5,13.7
Linlitation.s of Tinle, Specific ......... 2.1.2. 2.2.1. 2.4, 3.10, 3.1 1,
3.15.1,4.2.1,42.11,4.3.4.4.4.5.5.3, 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, 12.12, 12.2.4. 122.6, 13.7, 14
Loss of Use insurance ......... ................. 11.3.3
NInIcrial Suppliers ............. . 1.3 1, 3.17..1, 4.2.4, 42.6, 5.2.1,
9.3.1. 9.3.1.2, 9.3.3, 9.42, 9.6.5, 9.10.4
h1atc•rtals. I Inzaidous .. . .. ................ ..... 10.1, 10.2.4
Materials, Labor. Equipincm and .... 1.1.3, 1.1.6. 3A. 3.5.1, 3.8.2,
3. 12?. 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, 12.2.4, 14
Nican.s, 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, 42.8, 4.3.7, 7. 1, 7.4
MISCELLANEOUS PROVISIONS ... . ..... ............ 13
Modificattions, Definition of ........ ................. I.l . I
Modifications to the Contract ........ 1.1.1. 1.1.2. 3.;.3, 3.1
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,
9.5.2, 9.8.2. 12, 13.7.1.3
Notice ... 2.3. 2.4, 3.2.1 , 3?.2, 3.7.3. '3.7 4, 3.9, 3.12.8,
3.12.9..3.1-. 4.i. 4.4.4. 4.5, 5.2.1, 5.3. 5.4.1.1, 8.2.2. 9.4.1,
9.6.1, 9.7. 9. 10, 10.1.2, 1(1.2.6, 11.1.3. 11 .3, 12.2.2,
12.'_.4,11. ,13.5.1, 13.5.2,14
Notice, Written 2.i, 2.4. 3.9, 3.13.8, 3.12.9, 4.3,
4.4. i. 4.5, 5 2.1, 5. i. 5.4.1.1. 8.2.2. 9.4.1, 9.5.1. 9.-, 9. 10,
10.1 .2, 10.1.(1, 1 1. 1 .3. 1 1 .3, 12.2.2, 12.2.7, 13.3, 13.5.2, 14
Notice of Testingand Inspections ................ 13.5.1 , 13.5.2
Notice to Proceed ................................... .9-2.2
Notices, Permits, Fees and ...... 2.2.3.3.7, 3.13, 7.3.6.-1, 111.1.1
( )hservations, Architect's On -Site ................. 4.2.2, 4.2.5,
47.6. 9.4.2, 9.5.1, 9.10.1, 13.5
Ohscr•ations. Contractors ....................... 1.2.2, 3.2.2
Occupanc%.................. ....... 9.6.6.9.H.1,9.9, 11.3. 11
On -Site Inspections by the Architect .......... 4.2.2, 4.2.9, •1.3.6.
9.•7.2, 9.9.2, 9.9.2. 9.10.1
On -Site Ohscry:nions by the Architect ...... .. i.2.2. 4.2.5. 4.3.6,
9--i '. 9.5.1, 9.10.1, 13.5
Orders, V ritlen ............ 2. 3, 3.9, 7.3.7, 7, 8.2.2, 1 1 .3.9, 12.1 .
11.2, 13.5.1. 14.3.1
OWNER ... ... ............ ... .. ........ . 2
Owner, Definition of . ... 2.1
Owner, Information and Services Required of the .... ... 2.1.2.
2.2, i. AA. (). 9, 10.1.4, 11.2. 11.3, 13.5.1, 1-4.1.1.5, 1.7.1.3
()yncrs Authority ......... 3.8. 1. 4.1 .3, •7.3.9. 5.2.1 , 5.2.4, 5.4.1 .
- 3. I , 8?.2, t) ; 1. 9.3.2, 1 1 .•7.1. 1 2.2.4. 17 5.2. 14.3 19.3.1
OwIler's Fin:nlcmi Capahility 2.1.1.
Owner's Liability Insurance 11.2
O.yncrs Loss of Use Insur:ulcc . . . ... .. I I . 3 3
Owner s Relationship w ith Suhconmic'tors 1. 1 .2.
5.2.1. ;.4.1. 9.6.4
()hyncr s Right to Carr' Out the Work 2.4, I Z2.4, 14.2.1.2
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.-
Owners Right to Suspend the Work ..................... 14.3
Owner's Right to Terminate the Contract ....... ......... I -i.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. I I
Patching, Cutting and ........................ . 3.14, 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.
9.0.1, 9.0.6.').7.1, 9.8.3, 9.10.1. 9.10.3. 13.7, I i.1.l.i. 11.2. r
Payment, Failure of .................. ... .. 4.3.7, 9.5. I ;,
9.7, 9.10.2, 14.1.1.3, 14.2.1.2
Payn)cnt, Pin:li _ . ..... 4.2.1, 4.2.9, 4.3.2, 4.3.5, 9.10, 1 1. 1 2.
11.1.3, 11.3.5. 12.3.1
Payment Bond, Performance Bond and . ...... .... 7 3.6.4.
9.10 3, 11.3.9, 11.4
I)aymcnts. Progress 4.3.4. 9.3, 9.0,
9.8.3, 9.101, 13.6. 142.3
PAYMENTS AND COMPLETION ................. ... 9, I •t
P:tcnicntsto.Suhcontnic•tors ............... I ... I 5.4 2.9.5.1.3.
9.h.2, 9.6.3, 9.o. -i, 11.3.8. I•i.2.I-'
PCB . .. ............................... .. . 10.1
performance Bond incl 1':n•ment Bond... ... ....... -3 6"i,
9.111.3, 11.3.9. 11.4
Permits, Fees and Notices ....... 2.2.3.3.7, 3.1 3, _.3.6.•i. 10.2. 2
PERSONS AND PROPERTY, PROTECTION OF ....... _ ... 10
Polvchlorinated Iliphem l 1 n. 1
Product Data, Definition of .................... ...... 3.12. 2
Product Data and Samples, Shop Drawings .... 3.1 1.3.12, �i.2.-
Progress and Completion ......... ...... 4.2.2. -i.3.-1.8.2
Progress Payments 4.3.4. 9.3.
9.6, 9.8.3, 9.10.3, 13.6, 1.1.2.3
Project, Definition of the .. .......... ............... 1.1.4
Project Manual, Definition of the .. ..... .. .. ..... 1.1.7
project Manuals ..... . .......... . ...... ..... . 2.3.;
Project Representatives •7.2.10
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. 4.5.7.
4.5.7. 10.2.2, 11.1, 1 1.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6. I -i
Rejection of Work 3.5.1.4.2.6, 12.2
Releases of Waivers and Liens ............. ... .... .. 9. 10.2
Representations ........ .. . ........... 1.2.2, 3.5.1. 3.12.`.
6.2.2, 8.2.1, 97.3, 9.•7.2, 9.5.1, 9.8.2. 9.10.1
Kcprescnl:niycs ..... 2.1 1. 3.1.1, 3.9.
4.1.1, 4.2.1. 4.2.10. 5.1.1. ;.1.2. 13.2.1
Resolution of Claims and Disputes ........... ..... 4.4,
Reslxrnsihilir• for'T•hosc Performing the Work ......... . 3.3-'.
4.2.3, 6.1.3, 6-2, 111
Retainage ...... ....... 9.3.1, o.6.22,9.83. 9.9.1, 9.10.2. 9. 10.3
Review of Contract Documents and Field
Conditions by Contractor ....... .... L2.2.3.2,371.3.. I '.-
Review of Contr'actor's Suhnimal.s he
Owncr and Architect .. 3. 10. 1. 3. 10.2, 3, 1 1 . 3 12.
'1.2.-. 4.2.9. S.2. 1, 5.2.3. 9?, 9 8 2
Rcyict`• of Shop Dom inns. Product Datta
:Incl Samples by C ))III MOOT....... 3 12
Rights and Remedies I . i .1. +. 3.4.3.; I. 3 1 5. 2.
4.2.6, 4.3.(7, -1.S• 5.3. 6.1 . 6.3, - 3. L 8 3.1 . 9. 7.1 . 9 -. I I1,2.5,
10.3. 12.2.2, 12.2, 1, 13.4, l i
Royalties and Patents . ...... .. _ .. 3.17
AIA DOCUMENT A201 • (;F.NFRAI. CONDITIONS OF 1 HF CONTRACT FOR CONSTRI'CT'ION • FOURTF.FNT11 l IATION
4 A201-1987 AL1 =' 19H-'1'fIF. r\bIFRI(:AN INSTITItTF OF AROIITFCTS. I7;S NFW PORK AVFNI T., NV , \X'ASl11NGTYYN. DC )nrinr.
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0
Rules and Notices for Arbitration ..................
. 4.5.2
Safety of Persons and Property ................
.. . . 10.2
Safety Precautions and Programs . ..... ...
i-2.3. 4.2.7, 10.1
Samples. Definition of .....................
........ 3.12.3
Samples, Shop Drawings, Product Data and
. . 3.1 1, 3.12, 4.2.7
Samples at the Site, Documents and ..................
3.11
Schedule of Values ................... . .........
9.2,9-3-1
Schc•ciules. Construction ...... .............
.. ...... 3.10
Separate Contracts anti Contractors ..........
1 .l .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 ....
3.1 1. 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 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 ... ...............
4.5.4.2, 12.2.6, 13.7
Stopping the Work .......... .. 2.3. 4.3.7, 9.7, 10.2.3, 10.3. 14.1
Stored Materials .......... 6?. 1, 9.3.2. 10.2.1.2, It .3.1 .4. 12.2.4
Suhc'ontractor, Definition of ..........................
5. 1 . I
SUBCONTRACTORS ................ .................
5
Subcontractors, Work b}' ..................
1.2.4, 3.3.2, 3.12.1,
4.2.3, 5.3, 5.4
Subcontractual Relations .... ......... 5.3, 5.4, 9.3.11. 9.6.2,
9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1
1. 14.2.1.2. 14.3.2
Submittals ........ 1 3, 3.2.3. 3.10, 3.11, 3.12.
4.2.7. 5.2.1, 5.2.3.
3.6, 9.3, 93.1. 9.8.2, 9.9.1, 9.10.2.
9.1().3, I(L1.2. 11.1.3
Subrogation, Waivers of .................
O. 1 .1 . 1 1.3.5. 11.3.7
Substantial Completion ............. 4.2.9,
4.3.51. 8.1.1, 8.1.3,
8.2.3. 9.8, 9.9.1,
12.2.1. 12.2.2. 13.7.
Substantial Completion. Definition of .. .............
... 9.8.1
Substitution of Subcontractors ... ...............
5.2.3, 5.2.4
Substitution of the Architect ...........................
4.1.3
Substitutions of N1:nerials .... ........................
3.5.1
Suh-subcontractor. Definition of ........ ..............
5.1.2
Suhsur(ace Conditions .........................
. ... 4.3.6
Successors and Assigns .... .......................
13.2
Superintendent ..............................
3.9, 10.2.6
Supervision and Construction Procedures ......
1.2.4. 3.3, 3.4,
4.2.3, 4.3.4, 6.1.3. 6.2.4. 7.1.3, - 3.4, 8.2. 8.3,1, 10, 12, 14
SUrcit' ........ ...... 4.4.1. 4.4.4, 5.4.1.2.
9.10.2. 9.10.3. 14.2.2
Suretv. Consent of. ....................
9.9.1. 9.10.2, 9.10.3
Survets.....................................
2.2.2, 3-18.3
Suspension by the Owner for Convenience .... . ..... 14.3
Suspension of the Work ............ 4. i.7, 5.•1.2, I i. i . i i, I i. i
Suspension or Termination of the Contract ...... •i.3.7. S.'4, 1. 1, 1:1
Taxes ....... ..... ................. .... . 3.6,-.36.4
Termination by the Contractor ........................ 14.1
Termination by the Owner for Cause ... ......... 5.4.1.1, 14.2
Termination of the Architect 4. t .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. t, 8.3
Time Limits, Specific ......... 2.1.2. 2.2.1, 2.4, 3.10. 3.1 1, 3.1 5.1 ,
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, 11,1.3, 11.3.611.3.10,
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.:1.6, 4.3-9,4.4. S
Title to Work ........ ... 9.3.2, 9.3.;
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, 2.21.5_3. 11--. 5 3
Use of Site ...................... ..... 3.13, (;. 1 .1 , 61. 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 ... ............... 11.41
Waiver of Claims by the Contractor ...... .. ').1(1.4, 1 1.3.-, 13. i. 2
\Waiver of Claims by the Owner .. ..... 4.3 5.4.5. 1.
9.10.3, 1 1 .3.3, 11 .3.5, 1 1 .3."', 13. i.2
\X'aiver of Liens ....... .............. .... ... . 9 10.2
'Waivers of Suhrogation ... ............ .. 6. 1 . i . I I i.5, 1 i . i -
Warranty and \X'arrantics ..................... . 3.5, 4.2.9.
4.3.5.3, 9.3.3, 9.8.2. 9.9.1, 12.2.2, 13.7.1.3
Weather Delays .................... ......... .... 4.3.8.2
When Arbitration May Be Demanded .. . . ............. 4.5.4
Work. Definition of ................................. 1 . 1 .;
Written Consent .............. 1.3.1, 3.12.8, 3.1-4.2. 4.1 .3. 4.3. i,
4.5.5. 9.31. 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, It 3.1 I. 13.3, 13.,1.2
\X'ritten Interpretations ................... 41.1 1. 4?.12. -i.3.7
Written Notice 2. 3, 2.4, 3.9, 3.12.8, 3.13.9, -i 3, 4.-i. i.
4.5, 5.2.1, 5. 3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7. 9. 10, 10.1.3.
Io.2.6. 11.1.3, 11.3. 12.2.2). 12.2.4, 13.3, 13.5.2, 14
Written Orders. ....... 2.3. 3.9, 4.3.-.
7, 8.2.2, 1 1 .3.9, 12.1. 12.2, 13.5.2. 14. i.1
AIA DOCUMENT A201 • GF.Nf-.RAI. (:ONI)1'1'1ONS ()FTI IF CONI"11AC1 Foil CONS DUCTION • FOUR'liiFN'1'fl F-D1'1'1ON
c
AIA" • - 148- 1'i 1F A�tif Rl(:AN INSi'i Tt tTE OF AR(:I lfl'fiCl:c. I'34 NEW 1'ORK A\�FNI1F., NAV, WASI lINT
6ON, IV:. 2001N, A201-1987 5
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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
1 -he 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 nlay he amended or modified only by a Modification. The
Contract Documents shall not he construed to create a contrac-
tual relationship of any kind (1) between the Architect and Con-
tractor, (2) hetween 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 he provided by the
Contractor to fulfill the Contractor's obligations. The Work
slay constitute the whole or a part of the Project.
1.1.4 THE PROJECT
The Project is the total construction of cvhich the Work per-
formed under the Contract Documents may he the whole or a
part and xhich may include construction by the Owner or hr•
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,
Shop. Ing the design, location and dimensions of the Work.
generally including plans. CICV:1 ion.S, 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 idendR- 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 he 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. 'file 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 reasonabiy inferable from thein 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 other--isc
indicated the Architect shall be deemed the author of them and
will retain all common law, statutory and other reserved rights,
in addition to the copyright. All copies of them, except the
Contractor's record set, shall be returned or suitably accounted
for to the Architect, on request, upon completion of the Work.
The Drawings, Specifications and other documents prepared
by the Architect, and copies thereof furnished to the Contrac-
tor, are for use solely with respect to this Project. They are not
to be used by the Contractor or any Subcontractor, Suh-
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 01' THE CONTRACT FOR CONSTRUCTION • FOUWITENTIT EDITION
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Work XV -101 wt the specific written consent of the Owner and
Architect. The Contractor, Subcontractors, Sub -subcontractors
and material or equipment suppliers arc granted a limited
license to use and reproduce appficabie 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 titics 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-
c{ucntl• ()Illi( modifying words such as "aft" 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 OR ner is the person or entity identified as such in
the Agreement and is referred to throughout the Contract
T)ocunlents as if singular in number. The term -Owner" means
the Ocyncr or the Owner',, authorized representative.
2.1.2 The ONytlef 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
e•nforcc 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 u) as the site, :and
the Owners 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
u) 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
er•iden(e rvere lw-nisied on request 1winr to lbe execution of
the Aweenrent, tie ln•osl)ective contractor rdvxdd not he
re(prtred to execute die Agreement or to conlnre)rce tie 11'cn-k?.J
2.2.2 The Owner shall furnish surveys describing physical
characteristics. legal limitations and utility locations for the site
of the Project, and a legal description of the site.
2.2.3 Except for permits and fees which are the responsibility
of the Contractor under the Contract Docunlent.s, the 0-11cr
shall secure :ind pay for necessary approvals, easements, assess -
0
naents 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 Owncr 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 he 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-
sihilitics 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`carr' out
Work in accordance with the Contract Documents, the Owner,
by written order signed personally or by an agent specifically so
empowered by the Owner in writing, may order the Contrac-
tor to stop the Work, or any portion thereof, until the cause for
such order has been eliminated; however, the right of the
Owner to stop the Work shall not give rise to a duty on the part
of the Owner to exercise this right for the benefit of the Con-
tractor or any other person or entity, except to the extent
required by Subparagraph 6.1.3.
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
2.4.1 if the Contractor defaults or neglects to carry out the
Work in accordance with the Contract Documents and fniis
within a seven -clay period after receipt of Britten notice from
the Owner to commence and continue correction of such
default or neglect with diligence and promptness, the Owner
may after such seven-day period give the Contractor a second
written notice to correct such deficiencies within a second
seven-day period. If the Contractor within such second seven-
day period after receipt of such second notice fails to com-
niencc incl con(intic ul correct anv deficiencies. the• Ocyncr
inay, without prejudice to other remedies the Oxvner ma
have, correct such deficiencies. In such case an appropriate
Change Order shall he issued deducting from payments then or
thereafter due the Contractor the cost of correcting such defi-
ciencies, including compensation for the Architects additional
services and expenses made necessary by such default, neglect
or failure. Such action by the Owner and amounts charged to
the Contractor are both subject to prior approval of the Archi-
tect. If payments then or thereafter clue the Contractor arc not
sufficient to cover such amounts, the Contractor shall pan the
difference to the Owner.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person or entity identified as such
in the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Contractor"
means the Contractor or the Contrac'tor's authorized
representative.
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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 hear an appropriate amount of the attributable
costs for correction.
3.2.2 The Contractor shall take field measurements and verifv
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 perforin 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 hest skill and attention. The Contractor
shall he soler• responsible for and have control over construc-
tion ,louts, 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 he responsible to the Owner for acts
and omissions of the Conti -actor's employees, Subcontractors
and their agents and employees, and other persons performing
portions of the Work tinder a contract with the Contractor.
3.3.3 The Contractor shall not he relieved of ohligations 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
Cc n,tractor.
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-
scqucnt Work.
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract Documents,
the Conimcior shall provide and pay for I:0-Aw, ntaterinis, equip-
ment, tools, construction equipment and machinery, water.
heat, utilities. transportation, and other facilities and services
neccssary for proper execution and completion of the Work.
\vhether temporary or permanent and whether or not incorpo-
iated or to he incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good
order among the Contractor's employees and other persons
carn•ing out the Contract. The Contractor shall not permit
cn)ployn)ent of unlit persons or persons not skilled in tasks
assigned u) them.
0
3.5 WARRANTY
3.5.1 The Contractor warrants to the Owner and Architect that
materials and equipment furnished under the Contract will he
of good quality and new unless otherwise required or permit-
ted by the Contract Documents, that the Work will he 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
ahuse, 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 arc Iegall, enacted when hills are received or
negotiations concluded, whether or not vet effective or merch
scheduled to go into effect.
3.7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise provided in the Contract Documents,
the Contractor shall secure and pay for the building permit and
Other permits and governmental fees, licenses and inspections
necessary for proper execution and completion of the Work
vchich are customarily secured after execution of the Contract
and which are legally required when bids are received or nego-
tiations conciuded.
3.7.2 The Contractor shall comply with and give notices
required by laws, ordinances, rules, regulations and Ltvyful
orders of public authorities bearing on performance of the
Work.
3.7.3 It is not the Contnictor's responsibility to ascertain that
the Contract Documents are in accordance with applicable
laws, statutes, ordinances, building codes, and rules and regula-
tions. I lowever, 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 hear 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 he supplied for such amounts and by such
persons or entities as the Owner may direct, hilt the Contractor
Shall not he required to employ persons or entities against
which the Contractor makes reasonable objection.
3.8.2 Unless oihci-wise provided in the Contract Documents
.1 materials and equipment under an allowance shall he
selected promptly by the Owner to avoid delay in the
Work:
.2 allowances .shall cover the cost to the Contractor of
materials and equipment delivered at the site and all
required taxes. less applicable trade discounts:
AIA DOCUMENT A201 • GENERAL CONDII IONS OFT) IF. CONTRACT FOR CONSTRUcrioN • F'OURTFFNIII F.IVI ION
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.3 Conmictor's costs for unloading and handling at the
site, lahor, 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 he 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 he similarly confirmed on
writtc i request in each case.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
3.10.1 The Contractor, promptly after heing 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 tile Work and Project, shall he
rclaled to the entire Project to the extent required by the Con-
tract Docunlcnts, incl Shall provide for cxpc•elitious and practi-
cahle execution of the Work.
3.10.2 The Contractor shall prepare find keep current, for the
Architccl, s approval, a schedule of submittals which is coordi-
nated with the Contractor's construction schedule and allov"s
the Architect rcasonahle 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
iic availahie to the Architect and shall he delivered to the Archi-
tect for suhmittal 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 clata specially prepared I -or the Work by the Contractor or
a Suhconimc'tor, Suh-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations. standard schedules, per-
formance chars, instructions, brochures, diagrams and other
information furnished by the Contractor to illustrate materials
or equipment for some portion of the Work.
3.12.3 S:tmpics :ire physical cx:unples cyhich illustrate
materials, equipment or workmanship and establish standards
by %yhich the Work will he judged.
3.12.4 Shop Drag ings, Product 1):ua, Samples and sinlilar suh-
mittal.s arc not Contract Documents. The purpose of their suh-
miti:l is to dcnu>n.stntte for those portions of the Work for
which submituiis are required the lvay the Contractor proposes
to conform to the information given and the design concept
expressed in the Contract Documents. Revien' by the Architect
is subject to the limitations of Subparagraph 4.2.7.
3.12.5 Tile Contractor shall review, approve and suhmit 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
0711.11, Samples or similar submittals until the respective Subnlft-
r.11 hats been approved by tile Architect. Such Work shall he in
accordance with approved submittals.
3.12.7 By approving and submitting Shop Dra.yings, Product
Data, Samples and similar submittals, the Contractor represents
itiot the Contractor has determined and verified materials, ficid
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 I}ita.
Samples or similar Suhnlitt:tls unless the Contractor h:ts
specific:llly informed the Architect in writing of such d(Wi:1 ion
at the time of Submittal and the Architect has given written
approvai to the specific deviation. The Contractor shall not he
relieved of responsibility for errors or omissions in Shop Dr:t\y-
ings, Product Data, Satluples or similar submitL•11S by the Archi-
tect's approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing
Or on resuhmitted Shop Drawings, Product Data, Samples or
similar suhnlittais, to revisions other than those requested 1)
the Architect on previous Subnlinai.c.
3.12.10 Informational submittals upon which the Architect is
not expected to take responsive action mar he so identified in
the Contract Documents.
3.12.11 When professional certification of perforll:nlce criteria
of materials, systems or equipment is required hw the Contract
Documents, the Architect shall be entitled to rely up011 the
accuracy and completeness of such calculations and certifi-
cations.
3-13 USE OF SITE
3.13.1 Tile Contractor shall confine operations at the site to
areas permitted bw law, ordinances, permits and the Contract
Documents and shall not unreasonably encumber the site %vith
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 properly.
3.14.2 The Contractor shall not damage or entlanger a portion
of the Work or fully or partially completed construction of the
O\vner or scl)arate contractors by cutting, patching Or O(Ilcl-
wi.se altering suet: construction, or by excavation. The Cnntrtc
un" shall not cut Or otherwise niter such construction by the
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A201-1987 9
Owner or a separate contractor except with written consent of
the Owner and of such separate contractor: such consent shall
not he unreasonably withheld. The Contractor shall not unrea-
sonahiy 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 he 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 indemnifv 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 hitt 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-
eriv (other than the Work itself) including loss of use resulting
therefrom, but onh, 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 cvhich 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 3.1 R by an employee of the Contractor, a
Suhcontractor, anvone directly or indirectly employed by them
or anvone for whose acts they may be liahie. the indemnifica-
tion obligation under this Paragraph 3.18 shall riot be limited by
a Iimiunion on amount or type of damages, compensation or
benefits pa}•chic by or for the Contractor or i Suhcontractor
under workers' or workmen's compensation acts, disability
henefit acts or other employee benefit acts.
3.18.3 Tile ohligations of the Contractor under this Paragraph
3.1 R 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, dnwvings,
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 as set forth in the Contract Documents shall not be
restricted, modified or extended without written consent of the
Owner, Contractor and Architect. Consent shall not be unrea-
sonably withheld.
4.1.3 In case of termination of employment of the Architect,
the Owner shall appoint an architect against whom the Con-
tractor makes no reasonable objection and whose status under
the Contract Documents shall be that of the former architect.
4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1 .3
shall 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 he the
Owner's representative (1) during construction. (2) until final
payment is clue 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 cvith 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 he
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 ',York, since these arc
solely the Contractors responsibility as provided in Paragraph
3.3. The Architect will not be responsible for the Contractors
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 -
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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-
rizcd, the Owner and Contractor shall endeavor to cornmuni-
cate through the Architect. Communications by and with the
Architect's consultants shall be through tile 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
docs not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable for impiementa-
tion of the intent of the Contract Documents, the Architect will
have authority to require additional inspection or testing of tie
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-
ablc promptness .LS 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 au1
asscinhiy 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 (-late of final
completion, will receive and forward to the Ovner for the
Owner's review and records written warranties and related
documents required by the Contract and assembled by the
Contractor, and -,will issue a final Certificate for Payment upon
compliance with the requirements of the Contract Documents,
4.2.10 If the Owner and Architect agree, the Architect will pro-
vide one or more project representatives to assist in carrving
•
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 thein.
4.2.12 Interpretations and decisions of the Architect will he
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 decLsions, the
Architect will endeavor to secure faithful performance by both
Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so
rendered in good faith.
4.2.13 Tile 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 "Chaim" also includes other disputes and matters in qucs-
tion between the Owner and Contractor arising out of or relat-
ing to the Contract. Claims must be made by written notice.
The responsibility to substantiate Claims shall rest with the
party making the Claim.
4.3.2 Decision of Architect. Claims, including those alleging
an error or omission by the Architect, shall be referred initially
to the Architect for action as provided in Paragctph 4.4. A deci-
sion by the Architect, as provided in Subparagraph 4.4.4, shall
be required as a condition precedent to arbitration or litigation
of a Claim between the Contractor and Owner as to all such
matters arising prior to the date final payment is clue, 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) tilt 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 da-, s 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 he
made within 21 clays 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. (Ltims
must he made by written notice. An additional Claim made
after the initial Clain) has been implemented by Change Orticr
will not he considered uniess submitted in a timciv manner.
AIA DOCUMENT A201 • GENFRAL CONDITIONS OF THF. CONI RACT FOR CONSTRUCTION • F01IRTFENT11 F.l)11-K)N
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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, securite 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 .idjustnicnt 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
nuts[ he 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 Contact Sum or Contract "I"ime,
the adjustment shall he 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 carder by the Owner to
stop the Work cohere 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
reasonahlc grounds, Claim shall he 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 he
given. The Contractor's Claire shall include an cstirnate of cost
:Incl of prohable effect of delay on progress of the Work. In the
c:eSc ()f:1 continuing de60e only one Claim is nccessarv.
4.3.8.2 If adverse weather conditions arc the hlsis for 1 Claim
f()r additional time, such Claim shall he documented by data
•
substantiating that weather conditions were abnormal for the
period of time and could not have been reasonable 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 properly
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 parry 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. i 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 reccnli 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
amv, 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 parte making the
Claim shall, within ten days after the Architects preliminary
response, take one or rnore of the following actions: (1) suhmit
additional supporting clata 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 he the parties or
requested he the Architect, the Architect cvill notify the parties
in writing that the Architect's decision will he 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 Architects
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 he settled by arbitration in accor-
dance with the Construction Industry Arbitration Rulcs of the
American Arhitration Association, and judgment upon the
award rendered by the arbitrator or arbitrators may he cnterml
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 he suhiccl u)
arbitration upon written demand of either p:n-te. Arbitration
nim- he conmtcnccd c% -hen 45 days have pas.secl after a ('16111
hats heen referred to the Architect as provided in Panigniph 4. o,
anel no decision has beer) rendered.
AIA DOCUMENT A201 • GENERAL COND11IONS OF THE C.ONTRAC1 FOR (:)NSIRUCHON • H)ITIFF.NI'll EDI'11()N
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4.5.2 Rules and Notices for Arbitration. Claims between tile
Owner and Contractor not resolved under Paragraph 4.4 shall,
if subject to arbitration under Subparagraph 4.5.1, he decided
by arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association cur-
rently in effect, unless the parties mutually agree otherwise.
Notice of demand for arbitration shall be flied in writing with
the other party to the Agreement between the Owner and Con-
tractor and with the American Arbitration Association, and a
copy shall be filed with the Architect.
4.5.3 Contract Performance During Arbitration. Daring 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 he
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
he entered as evidence, but shall not supersceic 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 tinle
limits specified in Suhparngraphs 4.5.1 and 4.5.4 and Clause
4.5.4.1 as applicahle. 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 he barred by the applicable statute
of limitations as determined pursuant to Paragraph 13.7.
4.5.5 Limitation on Consolidation or Joinder. No arbitration
arising out of or relating to the Contract Documents shall
include, by consolidation or joinder or in any other manner,
the Architect, the Architect's employees or consultants, except
by written consent containing specific reference to the Agree-
ment and signed by the Architect, Owner, Contractor and any
other person or entity sought to be joined. No arbitration shall
include. by consolidation or joinder or in any other manner,
parties other than the Owner, Contractor, a separate contrac-
tor as described in Article 6 and other persons substantially
involved in a con)tnon question of fact or law whose presence
is required if complete relief is to be accorded in arbitration. No
person or entity other than the Owner, Contractor or a separate
contractor as described in Article 6 shall be included as an orig-
inal third parte or additional third party to an arbitration whose
interest or responsibility is insubstantial. Consent to arbitration
inyolying an additional person or entity shall not constitute
consent to arbitration of a dispute not described therein or with
:a person or entity not named or described therein. The fore-
going agreement to arbitrate and other agreements to arhitrate
with an additional person or entity duly consented to by parties
w the Agreement shall he specifically enforceahle under appli-
cable IaR• in any court having jurisdiction thereof.
E
4.5.6 Claims and Timely Assertion of Claims. A party ,vho
files a notice of demand for arbitration must assert in the
demand all Claims then known to that party on which arhimi-
tion is permitted to be demanded. When a party fails u) 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 he
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. 1 -he term "Subcontractor" is referred to throughout
the Contract Documents as if singular in number and means :I
Subcontractor or an authorized representative of the Suhcon-
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 t11e Contract Documents as if singuiar
in number and means a Sub -subcontractor or an authorized
representative of the Suh-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER
CONTRACTS FOR PORTIONS OF THE WORK
5.2.1 Unless otherwise stated in the Contract Documents of
the bidding requirements, the Contractor, as soon as prac-
ticable after award of the Contract, shall furnish in writing to
the Owner through the Architect the names of persons or enti-
ties (including those who are to furnish materials or equipment
fabricated to a special design) proposed'for each principal por-
tion of the Work. The Architect will promptly reply to the Con-
tractor in writing stating whether or not the O,ck•ner or the
Architect, after due investigation, has reasonable objection to
any such proposed person or entity. Failure of the O-, ncr 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 entire• to whom the Owner or Architect has made rea-
sonable and timely objection. The Contractor shall not he
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. I lowever. no
increase in the Contract Sum shall he allowed for Such change
unless the Contractor has acted promptly :and rcsponsivOy 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 1'111: CONTRACT FOR CON1'1rRU(:1'ION • FOURTE.F.NTtt EDITION
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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,
I(> he bound to the Contractor ht- 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 he performed by the Subcontractor so
that subcontracting thereof will not prejudice such rights, and
shall allow to the Subcontractor, unless specifically provided
otherw�se 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 fora 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 Pam -
graph 14.2 and only for those subcontract agreements
which the Owner accepts by notifying the Suhcon-
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 he 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 constriction or
opcnations 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 suhrogation. if the Contractor claims that delay
or additional cost is involved because of Such action by the
Owner. the Cont mcior shall make such Claim as provided else-
where in the Contract Documents.
6.1.2 When separate contract, are awarded for different por-
lions of the Project or other construction or operations on the
site, the term ''Contractor" in the Contract Documents in each
cause ,hall mean the Contractor -who executes each separate
( wyncr-C (mirac'tor Agreement.
0
6.1.3 The Owner shall provide for coordination of the activi-
ties of the Owners 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-
uies when directed to do so. The Contractor shall make anv
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 scpa-
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 coni-
pleted construction or to property of the Owner or sepanitc
conlractors 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 obligadonS.
6.2.6 The Owner and each separate contractor shall have the
s:u1Te 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 Owncr may clean up and allocate the cost
:inwng those responsible :is the Architect determines it) he just.
AIA DOCUMENT A201 • GENFRAt. CONDITIONS OF TI IF: CONTRACT FOR CONSTRUCTION • FOURTF.F;NTII FDI IION
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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 _ 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 he agreed to by the Contractor; an order for a
minor change in the Work may he 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 Ch -,urge Directive that ;ippfication of such unit prices
lo quantities of Work proposed Will c-auSC substantial inequity
to the Owner or Contactor, the applicable unit prices shall he
cquitahly adjusted.
7.2 CHANGE ORDERS
7.2.1 A Chnngc Order is a \yrincn 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 ill(: extent of the adjustment in the Contract Tinle, if
any.
7.2.2 Methods used in determining adjustments to the Contract
Sum Ina)- include those listed in Subparagraph .3.3.
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive is a written order pre-
pared by the Architect and signed by the Owner and Architect,
directing a change in the Work and stating a proposed basis for
adjustment, if any, in the Contract Sum or Contract Time, or
both. The Owner may by Construction Change Directive,
without invalidating the Contract, order changes in the Work
within the general Scope of the Contract consisting of addi-
tions, deletions or other revisions, the Contract Sum and Con-
tract Time being adjusted accordingly.
7.3.2 A Construction Change Directive shall he 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 he based
cm one of the following methods:
1 mutual acceptance of a lump sunt properly itemized
and supported by sufficient sui stuniating data to per-
mit cvaluarion:
2 unit prices Staed in the Contract Documents or suh-
sequcntl• agreed upon:
•
.3 cost to be determined in a manner agreed uron by
the parties and a mutually acceptable fixed or percent-
age fee: or
.4 as provided in Subparagraph .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 wvings of
those performing the Work attributable to the change. includ-
ing, in case of an increase in the Contract Sum, a reatsonahfe
allowance for overhead and profit. In such case, and also under
Caause 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 f>I
this Suhpanigraph 7.3.6 shall he 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 worknicn s
conipcnsttion insurance,
.2 costs of materials, supplies and equipment. includ-
ing cost of transportation, whether incorporated OI
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 relined to the
Work: and
.5 additional costs of supervision and field office person-
nel directly attributable to the change.
7.3.7 Vending final determination of cost to the Owner,
amounts not in dispute may he included in Applications for
Pavment. Tile amount 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 he 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 he figured
on the hasis of net increase, if any, with respect to that chanlge.
7.3.8 If the Owner and Contractor do not agree with the
adjustment in Contract Time or the method for determining it,
the adjustment or the method shall be referred to the Architect
for determination.
7.3.9 When the Owner and Contractor agree with the dcicr-
mim,mon made by the Architect concerning the adjustments in
the Contract Sum and Contract Time, or otherwise reach agree-
ment upon the acljustllents, such agreement Shall he effective
immediately and shall he recorded by prcpama(ifm and cxccu-
tion of an appropriate Change Order.
AIA DOCUMENT A201 - GFNFRAL CONDITIONS 01' TIIF. CONTRACT FOR CONSTRICTION - FOI)RTFF.NTII EDITION
AIA' - ") IOR— TIIF. AAII?R Ir :AN INS'1'TPI'I'F. OF AIiCI11'r F(:'I :ti, I' S NEW YORK AVENUE. N. \i'., WASIIINC:TON. hat:. jnnflA
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A201-1987 15
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7.4 MINOR CHANGES IN THE WORK
7.4.1 The Architect will have authority' to order minor changes
in the VX ork 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 ;vrirten order and shall he 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 (late
estahlished 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 Suhstantial Completion is the state certified
by the Architect in accordance with Paragraph 9-8.
8.1.4 The term "clay" as used in the Contract Docunicnis shall
mcan calendar day unless otherwise specilicalh• defined.
8.2 PROGRESS AND COMPLETION
8.2.1 Tin)c limits stated in the Contract Documents arc of the
essence of the Contract. By executing the Agreement the (:oil-
trAcio r confirms that the Contract Time is :r 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, prcmattn'CI\' Cnn)-
mcm,-e ope•r:tions on the site Or clsevvhcic prior to the effcc'tivc
date of insurance required by Article I I to he furnished by the
Contractor. The ([.Ile of commencement Of the Work shall not
Ile changed by the effective date of such insurance. Unless the
date of commencement is established by A notice to proceed
giye•n by the Owncr. the 0miracun-Shall polity the (honer in
writing not less than live d:IN-S ur other agiccd periud hcIi)re•
commencing the Work to permit the tinich' filing of niortgagcs,
mechanic's liens :incl other security' interests.
8.2.3 The Contractor shall proceed expeditiously with ade-
quare 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 :my time in progress of the
\Fork by An act or neglect of the Owner or Architect, or of an
cnifloycc of either, or of a separate contractor employed by
the Owncr, or by changes ordered in the Work, or by labor
disputes, fire, unusual delay in deliveries, unavoidable casualties
ur other causes hcvond the C)turac'tor's control, or by delay
authorized by the Owner pending arbitration, or by other
causes „'hich the Architect determines may justify delay, then
the COMM -00 -finie shall he extended by Change Order for such
rcAsnnahic tin)c As the Architect may delcrniinc.
8.3.2 Clain)s relating to time shall he made in accordance With
Applicable provisions of Paragraph -i.3.
8.3.3 ']'his Paragraph 8.3 doe- not pre•clucle recovery of dam-
ages for (Islay by either party under other provisions of the
(:nntract DoCUmCllls.
•
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sunt is stated in the Agreement anti, inclu(I-
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 obiected to by the Architect,
shall he used as a basis for reviewing the Contractor's Applica-
tions for Payment.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 At lust ten days before the date established for each
progress payment, the Contractor shall SUhtllit to the Architect
:in itemized Application for Payment for operations completed
in accordance with the schedule of Values. such application
Shall he notarized, if required, and supported by such (lata
suhstantiating the Contractor's right to payment As the O,vner
Or :Architect may re•tluirc•, such as copies of re•quisilions 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 payn)cnl on
Account of changes in the Work which have been properlN•
authorized by Construction Change Directives hilt not yet
included in Change Orders.
9.3.1.2 Such applications may not include requests li)r pA -
nicnt Of amounts the (.:ontractor does not intend to pay Io a
subcontractor Or material supplier because ()f3 dispute nr Other
rcas()II.
9.3.2 Unless otherwise provided in the Contract Docunx'nts,
payments shall he made on account of materials and equipment
delivered and suitahh, stored At the site for subsequent incor-
poration in the \Vf)lk. 11 Approved in Advance by the Owncr,
payment niay similariv he made for matcriAls and c01-11 j)MCIII
suitably stored off the site ata location agreed upon in writing.
Payn)cnt for materials and equipment stored on or off the site
Shall he condiliwncd upon compliance by the Contractor with
procedures satisfactory to the Owner to establish the Oe,•ncr's
title to such materials and equipment or otherwise protect the
Owner's interest, and shall include applicable insurance.
storage And transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by
.in Application for Payment will pass to the Owner no later than
the time of payment. The Contractor further warrants that
Upon submittal Of :u) Application for t'Aynicii( all Work for
which Certificates for Payment have been previousl\' issuccl
and payments received from the Owner shall, to the hest of the
(:ontractor's knowledge, information and belief, he free and
clear of liens, clainis, security interests or encumbrances in
favor of the Contractor. Subc•ontrtctOrs, material suppliers, Or
other persons or entities making a claim by reason of hay ins;
provided labor, n)acrials and equipment relating to the• \\ ) )i k.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect will, within .seven clays after receipt of the
Contractors Application for Payment. either issue tr) the
AIA DOCUMENT A201 • GENERAL CONnITIONS OF "1"1117 CONI'RA(:"r FOR CONSTMICTION • F0111CI FENT11 1'1)111()N16 A201-1987 A)I)K'I'IfFAb1ERICANINSI-1"fUTEOFARCIfITE(:i'S.1'iSNEWYORE;AVFNI(E,NW. WA"IIING10N,I)C-'nOur,
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Owner a Certificate for P:roment, with a copy to the Contrac-
tor. for .such amount as the Architect determines is properly
due, or norifv the Contractor and Owner in writing of the
Architect's reasons for withholding certification in whoic nr in
hart :Is provided in Subparagr:iph 9.5.1.
9.4.2 The issuance of a Certificate for Pavrnent will constitute a
representation by (fie 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. 'file foregoing representa-
tions are subject to an evaluation of the Work for conformance
with the Contract Documents upon SUhstlilt ial 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 Pavrnent will further constitute a
representation that the Contractor is entitled to payment in the
anhount certified. However, the issuance of a Certificate for Pav-
ment will not he a representation that the Architect has (1)
made exhaustive or continuous on-site inspections to check the
quality or cluantity, of tite 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 pavment or (4) made
examination to ascertain how or for what purpose the Contrac-
tor has used money previouSh• paid on account of the Contract
Sunil.
9.5 DECISIONS TO WITHHOLD CERTIFICATION
9.5.1 Thc Architect may decide not to certify payment :t,d
nrn withhoid 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 he 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
Suhparagraph 9.4.1. If the Contractor :aid Architect cannot
:tgrec on a revised amount, the Architect will promptly issue a
Certificate for Pavment for the amount for which the Architect
is ahic to make such representations to the Owner. Thc• Archi-
tect may also decide not to certify p:tynicnt or, hecause of
subsequently discovered evidence or subsequent observations.
may nullify the whole ora part of a Certificate for Payment
previously issued. to such extent as rnav he neccssar• 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• evi(icnce indict-
ing probable filing of such claims:
.3 failure of the Contractor to make payments prop-
criy to Suhcontractors or for labor, materials or
equipment;
.4 rc,.tsonahlc evidence that the Work cannot he coni-
picted for the unpaid halance of the Contract Sum;
.5 damage to the Owner or another contractor;
.6 reasonable evidence that the Work will not he coni-
plcted -within the Contract Time, and that the unpaid
halance would not he adequate to cover actual or
liquidated damage,, for the anticipated delay; or
.7 persistent failure to carry out the Work in accordallce
cyith the Contact Documents.
•
9.5.2 When the above reasons for withholding certification arc
removed, certification -iii be made for ainounts hreyioush
-withheld.
9.6 PROGRESS PAYMENTS
9.6.1 Aftcr the Architect has issued :t Certificate for P;ivnicnt,
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 pity 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-
piction or amounts applied for by the Contractor and action
taken thereon by the Architect axl Owner on account of por-
tions of the Work done by such Subcontractor.
9.6.4 Neither the Owner nor Architect shall have in obligation
to pay or to see to the payment of money to a Subcontractor
except as may otherwise be required by law.
9.6.5 Payment to material suppliers shall be treated in a manner
similar to that provided in Subparagraphs 9.6.2, 9.6.; and 9.66.
9.6.6 A Certificate for Pavment, 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 clays 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
;iniount owing has been received. The Contract Tintc shall he
extended appropriately and the Contract Sum Shall he
increased by the amount of the Contractor's reasonable costs of
shut -clown, delay and start-up, which shall he accomplished as
provided in Article i.
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 intcndc•(I
Ilse.
9.8.2 When the Contractor considers that the: Work, ora por-
tion thereof which the Owner :agrees to accept separately, is
suhstandally complete, the Contractor shall prepare and Suhnlit
to the Architect a comprehensive list of itenis to he completed
or c'orrec'ted. Tile Contractor shall proceed prompt) to ceml-
pietc 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 C;onu-ac•t Docu-
ments. upon receipt of the Contractors list, the Architect will
make in inspection to determine whether the Work or dcsig-
AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CON-rRACT FOR CONSTRI'CT'ION • FOURTFF.NT11 EDITION
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A201-1987 17
•
nated portion thereof is suhstantially 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 Suhstantini Con)-
piction, 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
suhstantially 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-
tr:ic't 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 I Ipon 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 )fork 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 :ts required under Subparagraph 11 .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 suhstantially 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 he 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 he 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 % ork 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 reach,
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 tt)e Architect's
observations and inspections, the Work has hccn 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 :md
equipment, and other indebtedness connected with the Work
for which the Owner or the , Owner's property might be
responsible or encumbered (less amounts wittlheld 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 he 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 hond satisfactory to the
Owner to indemnify the Owner against such lien. If such lien
remains unsatisfied after payments are macle, the Contractor
shall refund to the Owner all money that the Owner may he
compelled to pay in discharging Such lien, including all casts
and reasonable attornevs' fees.
9.10.3 If, after Substantial Completion of the Work, final con)-
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 con)-
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
conclitions governing final payment, except that it shall not
constitute a zvaiver of claims. The making of final payment shall
constitute a waiver of claims by the OR•ncr as provided it) 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 tha( payee except those previously made in writing
and identified by that payee as unsettled at the time of fin -of
Application for Payn)ent. Such waivers shall he in addition IO
the waiver described in Subparagraph 4.3.5.
AIA DOCUMENT A201 • Gf.NERAI. CONDITIONS 01: TI If: CONTRACT FOR U
CONSTRCTION • POUIiTEF,NTH f1)I't'ION
18 A201-1987 AIA'" • 2) 1987, TI IE AAif R1(:AN INS'1'ITUTf Or ARCI tl-1'fCI'S, 1'15 NEW Y<)ftk AVENUr., N XY'.,'QGASI IIN(t"f ON. DC 2(0))(,
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ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 The Contractor shall he responsible for initiating, main-
taining and supervising 211 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
hiphenyl (1)(.I3) 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 he 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 he 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 with final determination by the Architect on which
arhitration has not beeIi demanded, or by arbitration under
Article 4.
10.1.3 The Contractor shall not he required pursuant to Article
to perform without consent in%- Work relating to asbestos or
poh chlorinated' biphenyl (PCI3).
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
Ironi 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
niatcri:tl is ashesios or polychlorinated hiphenyl (1)(I3) a11(1 has
not been rendercd harmless, provided that such claim, dantagc,
loss or expense is attributable to bodily injury, sickness, disease
uI cloth, or to injury to or destruction of tangible property
(other than the Work i(SCIO including loss of use resulting
dwi-drum, but only to file cmunt caused in whole or in 11:11-1 by
negligent acts or omissions of tilt• Owner, anyone directl}• or
indirec'tiv employed by the Owner or anyone for whose acts
the O\yller niay he li:thic, regardless of whether or not such
claim, (him-.Ige, loss or expense is caused in part by a party
indcninified hereunder. Such obligation shall not be construed
to negate, abridge, or reduce other rights or ohligations of
indeninity 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 eniplovees on the Work and other persons who may
be affected therehy;
2 the Work and niaierials and equipment to he incorpo-
rated therein, whether in storage on or off the site,
under care, custody or control of the Contractor or
the Contractors Subcontractors or Sub-subcontrac-
iors: and
3 other property at the site or adjacent thereto, such is
trees, shrubs. hm-ns. Nv:ilks, pavements. roadR•ays,
structures and utilities nor designated for removal. relo-
cation or wplacenient in the course of construction.
U
10.2.2 The Contractor shall give notices and comply with
applicable laws, ordinances, rules, regulations and lawful ordcrs
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 h\'
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 uullost
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 patt by the
Contractor. a Suhcontractor, 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 nay
he liable, and not attributable to the fault or negligence of the
(:ontractor. 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 nieniher of
the Contractor's organization at the site whose duty shall he the
prevention of accidents. This person shall he the Contractor's
superintendent unless otherwise designated by the Contractor
in writing to the Owner;nd Architcc•t.
10.2.7 The Contractor shall not load or permit :u)y part of the
construction or site to he loaded so tis to endanger its Salety.
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 d;ullage, injury or loss. Additional ronipcnsa-
tion or extension of tine claimed by the Contractor on account
of :in emergency shall he 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
niay arise out of or result from the Contractor's operations
under the Contract and for which the Contractor niay he legally
liable. whether such operations he by the Contractor or by a
Subcontractor or by anyone directIv or indirectly employed by
any of theni, or by anyone for whose acts any of then) nlay he
liable:
1 claims under workers' or workmen*s compensation,
disability benefit and other siniflar employee leneftt arts
which are applicable to the Work to be performed:
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.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 directh, or indirectiv 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 dunage arising out of owner-
ship, maintenance or use of a motor vehicle; and
.7 claims involving contractual liability insurance appfi-
cahle to the Contractor's obligations under Paragraph
3.113.
11. 1.2 The insurance required by Subparagraph j 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 basis, shall he maintained without interruption
from date of commencement of the Work until date of final
payment and termination of any coverage required to he main-
tained after final payment.
11.1.3 Certificates of Insurance acceptable to the Owner shall
be filed with the Owner prior to commencement of tite 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 cover -ages are
required to remain in force after final payment and are reason-
ably available, an additional certificate evidencing continuation
of such coverage shall be submitted with the final Application
for Paymcnt as required by Subparagraph 9.10.2. Information
concerning reduction of coverage shall be furnished b}- the
Contractor with reasonable promptness in accordance with the
Contractors information and belief.
11.2 OWNER'S LIABILITY INSURANCE
11.2.1 'File Owner shall be responsible for purchasing and
maintaining the Owner's usual liability insurance. Optionally,
the Owner may purchase and maintain other insurance for sclf-
protection against claims which may arise from operations
under the Contract. The Contractor shall not he responsible
for purchasing and maintaining tills optional Owner's liability
insurance unless specifically required by the Contract
Documents.
11.3 PROPERTYINSURANCE
11.3.1 unless otherwise provided, the owner shall purchase
and maintain, in a company or companies lawfully authorized
to do husincss in the jurisdiction in which the Project is
located, property insurance in the amount of the initial Con-
tract Sum T; Well as suh.Sequcnt modifications thereto for the
entire 'Work at the site on a replacement cost hasis without vol-
unctr• deductibies. Such property insurance shall be ntain-
lainccl. unless other vise provided in the Contract Documents
or otherwise agreed in writing by all persons and entities who
:nc heneficinnes of such insurance. until final payment haS peen
nude :is provided in Paragraph 9.10 or until no person or cnnty
•
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
% ork.
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 Icgal
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
uniess 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 a.nd Suh-
subcontractors in the Work, and by appropriate Change Order
the cost thereof shall be charged to the Owner. if the Contrac-
tor is d;itnagcd by the failure or neglect of the Owner to pur-
chase or maintain insurance as described above, without so
notifying the Contractor, then the Owner shall bear all reason-
able costs properly attributable thereto.
11.3.1.3 If the property insurance requires minimum dedUCti-
bies and such deductibles are identified in the Contract Docu-
ments, the Contractor shall pay costs not covered because of
such deductibles. if the Owner or insurer increases the required
minimum deductibles above the amounts so identified or if the
Owner elects to purchase this insurance with voluntary deduc-
tible amounts, the Owner shall be responsible for payment of
the additional costs not covered because of such increased or
voluntary deductibles. If deductible.,, arc not identified in the
Contract Documents, the Owner shall pay costs not covcrcel
because of deductibles.
11.3.1.4 Unless otherwise provided in the Contract DOCU-
mcnts. 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. The Owner slt:ill
purchatSC and maintain boiler and machinery insurance
required by the Contract Documents or by Iwa-, which Shall
spxcific;illy cover such insured objects during installation and
until final acceptance by the Owner; this insurance shall include
interests of the Owner, Contractor. Subcontractors and Suh-
Subcontractors in the Work.:ind the Owncr and Conu-ac'lor
shall he named insureds.
11.3.3 Loss of Use Insurance. The Owner, at the Owner's
option, man, purchase and maintain such insur:tncc :is Nyill
insure the Owner against loss of use of the Owner's propertn
clue to fire or other hazards, however caused. The Owncr
waives all rights of action against the Contactor for loss of use
of the Owners property, including consequential losses duc to
fire or other hazards however CateSed.
11.3.4 If the Contractor requests in writing that insumnce for
risks other than those described herein or for other special 11-Iz-
ards be included in the property insurance polio . the Ownci
Shall, if possible. include Such insurance, and the cost thereof
shall be charged to the Contrictor by appropriate Changc
C ) rder.
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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 tinder policies separate
from those insuring the Project, or if after final payment prop-
crt• insurance is to he 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
dans ages caused by fire or other perils covered by this separate
property insurance. All separate policies shall provide this
%vaivcr 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 t 1.3. 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
c:mcellcd or allowed to expire until at Ictst 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, stab -subcontractors, agents and emplovees, 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 insurince 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 descrihed in Article 6, if anv, and the suhcontrac-
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-
crated herein. The policies shall provide such waivers of subro-
gation by endorsement or otherwise. A waiver of subrogation
shall he 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
directiv 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
he :adjusted by the Owner as iduciary and made payable to the
Owner as fiduciary for the insures, 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
IO 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
hand 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-
cecco is sreceived, 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 he as provided in Paragraph v.>. If after such
loss no other special agreement is made, replacement of dam-
aged property shall he covered by appropriate Change Order.
0
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 he
made, arbitrators shall be chosen as provided in Paragraph
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 accowdance 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 otherR ise. The
Owner and the Contractor shall take reasonable steps to ohtain
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 pavment of obliga-
tions arising under the Contract. the Contractor shall promptly
furnish a copy of the bonds or shall permit a copy to he nude
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 DOCLII1aem.S, it must, if required in writing by the
Architect, he uncovered for the 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, he
charged to the Owner. If such Work is not in accordance with
the Contract Documents, the Contractor shall pav 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
I)v the Architect or failing to conform to the requirements of
the Contract Documents, whether observed hcforc or after
Substantial Contpiction and whether or not fahricatcd, installed
or completed. The Contractor shall hear costs of coirccting
such rejected Work, including additional testing incl inspcc-
dons and compensation for the Architect s services and
expenses made necessary thereby.
12-2.2 If, within one year after tilt' dale of SuhsCUTtial Ctntplc-
tion oaf the Work or designated portion thereof, tar atter the okiuc
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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 arc not in accordance with the requirements
of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 if the Contractor fails to correct nonconforming Work
within a reasonable time, the Owner may correct it in accor-
dance with Paragraph 2.4. If the Contractor does not proceed
with correction of such nonconforming Work within a reason-
ahle time fixed by written notice from the Architect, the Owner
may, remove it and store the salvable materials or equipment at
the Contractor's expense. If the Contractor does not pay costs
of such removal and storage within ten days after written
notice, the Owner may upon ten additional days' written
notice sell such materials and equipment at auction or at private
sale and shall account for the proceeds thereof, after deducting
costs :and damages that should have been borne by the Con-
ti-xior, including compensation for the Architects services and
expenses made necessary thereby. If such proceeds of sale do
not cover costs which the Contractor should have borne, the
Contract Sum shall be reduced by the deficiency. If payments
t hen or thereafter due the Contractor are not sufficient to cover
such amount, the Contractor shall pay the difference to the
Owner.
12.2.5 The Contractor shall bear the cost of correcting
destroyed or damaged construction, whether completed or
partially completed, of the Owner or separate contractors
caused by the Contractor's correction or removal of Work
which is not in accordance with the requirements of the Con-
tract Documents.
12.2.6 Nothing contained in this Paragraph 12-2 shall be con-
strued to establish a period of limitation with respect to other
obligations which the Contractor might have under the Con-
tract Documents. Establishment of the time period of one year
as ticscribccd in Suhpacagraph 12.2.2 relates only to the specific
obligation of the Contractor to correct the Work, and has no
relationship to 'Sc time within which the obligation to comply
with the Contract Documents may be sought to be enforced,
nor to the time within which proceedings may be commenced
to establish the Contractor's liability with respect to the Con-
tractor's obligations other than specifically to correct the Work.
12.3 ACCEPTANCE OF NONCONFORMING WORK
12.3.1 If the Owner prefers to accept work which is not in
accordance width the requirements of the Contract Documents.
the (hvncr may do so instead of requiring its removal and cor-
rection, in which case the Contract Sum will he reduced as
appropriate and equitable. Such adjustment shall be effected
«•paper or not final payment has hecn madc.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the law of the place
where the Project is located.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Contractor respectively bind them-
selves, their partners, successors, assigns and legal representa-
tives to the other party hereto and to partners, successors.
assigns and legal representatives of such other party in respect
to covenants, agreements and obligations contained in the Con-
tract Documents. Neither party to the Contract shall assign the
Contract as a whole without written consent of the other. If
either party attempts to make such an assignment without such
consent, that party shall nevertheless remain legally responsible
for all obligations under the Contract.
13.3 WRITTEN NOTICE
13.3.1 Written notice shall be deemed to have been duly
servecd if delivered in person to the individual or a member of
the firm or entity or to an officer of the corporation for which it
was intended. or if delivered at or sent by registered or certified
mail to the last business address known to the party giving
notice.
13.4 RIGHTS AND REMEDIES
13.4.1 Duties and obligations imposed by the Contract Docu-
ments and rights and remedies available thereunder shall he in
addition to and not a limitation of duties, ohligations, rights ancd
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 dun• afforded
them under the Contract, nor shall such :action or failure to act
constitute approval of or acquiescence in a breach thcreuncder,
except as may he specifically agreed in writing.
13.5 TESTS AND INSPECTIONS
13.5.1 Tcsts, inspections and approvals of portions of the
Work required by the Contract Documents or by laws, ordi-
nances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless other-
wise provided, the Contractor shall make arrangements for
such tests, inspections and approvals with an independent test-
ing laboratory or entity acceptable to the Owner, or with the
appropriate public authority, and shall hear all related costs of
tests, inspections and approvals The Contractor shall give the
Architect timely notice of when and where tests and inspec-
tions are to be made so the Architect may observe such proce-
dures. The Owner shall hear costs of tests, inspections or
approvals which cdo not become requirements until after bids
are received or negotiations concluded.
13.5.2 If the Architect, Owner or public :authorities having
jurisdiction determine that portions of the York require addi-
tional testing. inspection or approval not included under Sub-
paragraph 13.5.1, the Architect will, upon written authorization
from the Owner, instruct the Contractor to make arrangements
for such additional testing, inspection or approval by an entitc
:acceptable to the Owner, and the Contractor shall give timely
notice to the Architect of when and R -here tests and inspections
arc to he made so the Architect m:n observe such procedures.
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Thc' 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
cxprnses.
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
dclav 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 clue at such
rate :ts the parties may agree upon in writing or. in the absence
thereof, at the legal rate prevailing from time to time :t 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 :rets or failures
to act occurring prior to the relevant elate of Suhstall-
tial Completion, any :tppiicahie statute of limitations
shall commence to run and any alleged cause of action
shall he 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 subsequent to the relevant date of Substantial
Completion and prior to issuance of the final Certifi-
cate for Payment, any applicable statute of limitations
shall commence to run and any alleged cause of
action shall he deemed to have accrued in any and all
events not later than the date of issuance of the final
Certificate for Pavment: 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 appii-
cahle statute of limitations shall commence to run and
any alleged cause of action shall he deemed to have
accrued in anv and all events not later than the (late of
any act or failure to act by the Contractor pursuant to
any warranty provided under Paragraph 3.5. tilt• date
of any correction of the Work or failure to correct the
Work by the Contractor under Paragraph 12.2, or the
d:ac of actual commission of ;nry other act or failure
to I)crfilrnl anv duty or obligation by the (:o1111:1CI or
or ()oner. 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 anv 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 01c
Owner as described in Paragraph 14.3 constitute in
the aggregate more than 100 percent of the total num-
her 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 mai',
upon seven additional days* written notice to the O cvner 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 machincrv, including reasonable overhead, profit and
damages.
14.1.3 If the Work is stopped fora period of hD days through
no act or fault of the Contractor or a Subcontractor or their
agents or employees or any other persons performing portions
of the Work under contract with the Contractor because the
Owner has persistently failed to fulfill the Owners obligations
under the Contract Documents with respect to maulers impor-
tant to the progress of tile. Work, the Contractor may, upon
seven additional days' written notice to the Owner and the
Architect. terminate the Contract and recover from the Ow'ncr
as provided in Subparagraph 14.1.2.
14.2 TERMINATION BY THE OWNER FOR CAUSE
14.2.1 The Owner may terminate the Contract if the
Contractor:
.1 persistently or repeated]%. refuses or fails to supply
enough properly skilled workers or proper materials;
.2 fails to make payment to Subcontractors for materials
or labor in accordance with the respective agreement.:
between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, reg-
ulations or orders of a public authority having juns-
diction; or
.4 otherwise is guilty of suhstantial hl-CICh of a provision
Of the Contract Documents.
14.2.2 When anv of clic :dove reasons (-xist. the (hyncr. ulvrn
certification by the Architect that sufficient cause exists Irr 0 -
AIA DOCUMENT A201 - GENERA!. CONDITIONS OF TfIF. CONTFZAC7 FOR CONSTRUCTION - FOIMTEI?NTII Ei)l,rIUN
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A201-1987 23
tify such action, may without preju Ice 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
T
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.
14.31 SUSPENSION BY THE OWNER
FOR CONVENIENCE
14.30 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. iNo 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 equitahle 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 • GF.NF.RAL CONDITIONS OF THE CONTRACT FOR CONSI'RUC1I()N • FOURTEF.NTII 1:'DI'II()N
24 A201-1987 AIA' • X11987 1'I IF. AMERICAN INS -ITT ITE OF AR :I IITFCTS. 1735 NEW YOIiK AVENUE, N u'.. t'nSI IING"rON. D C 'Onix.
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 Change
ARTICLE 11 - INSURANCE AND BONDS
11.1 Contractor's Liability Insurance.
11.1.1 In the first line following the "maintain", insert the words, "in a
company or companies licensed to do business in the state in which
the project is located."
11.1.1 ADD:
.7 Liability insurance shall include all major divisions of coverage
and be on a comprehensive basis including:
(1) Premises - Operations
(2) Independent Contractors Protective.
(3) Products and Completed Operations.
(4) Contractual -including specified provision
for the Contractor's obligations under Paragraph 4.18.
(5) Owned, non -owned, and hired motor vehicles.
(6) Broad form coverage for property damage.
11.1.2 ADD: ... The Contractor shall furnish insurance with the following
minimum limits:
1 Workers' Compensation
a. State and Federal: Statutory
b. Employer's Liability $ 100,000.
REPLACEMENT OF BRUSHES CREEK BRIDGE
G-1
C
2 Comprehensive General Liability (Including Premises -
Operations; Independent Contractor's Protective; Products and
Completed Operations; Broad form Property Damage):
a. Bodily Injury: $ 1,000,000 Each Occurrence -
$ 1,000,000 Aggregate, Products and Completed
Operations.
b. Property Damage: $ 250,000 Each Occurrence
$ 250,000 Aggregate
C. Products and Completed Operations Insurance shall be
maintained for a minimum period of one year after final
payment and contractor shall continue to provide
evidence of such coverage to the Town on an annual
basis during the Aforementioned period.
d. Property Damage Liability Insurance shall include
Coverage for the following hazards: C (collapse), U
(underground).
e. Contractual Liability (Hold Harmless Coverage):
f. Personal Injury, with Employment Exclusion deleted:
$ 1,000,000 Aggregate.
3 Comprehensive Automobile Liability (owned, non -owned, hired):
a. Bodily Injury: $ 1,000,000 Each Person
$ 1,000,000 Each Accident
b. Property Damage: $ 250,000 Each Occurrence
ARTICLE 12 through ARTICLE 14
No Changes
END OF SECTION
REPLACEMENT OF BRUSHES CREEK BRIDGE
G-2
THE AMERICAN INSTITUTE OF ARCHITECTS
main
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 • PERFOR.mANCE BOND AND LABOR AND MATERIAL PAYMENT BONO • AIA m
FEBRUARY 19:'0 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N.Y. AVE., N.W., WASHINGTON, O. C. 20006 1
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
t
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) Connplete• 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.
Principal)
1Title)
(Sumo')
iTitle)
AIA DOCUMENT A311 • PERrORMANCE 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
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
19
ise+li
isc.iii
N
•
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 (S
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 dr 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 OO
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.
f I
LABOR IkD MATERIAL PAYMENT 410ND
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)
(Wilnu%%)
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.
19
(Principal) (Seal)
(Title-)
(Sumly) (seal)
Mill-)
AIA DOCUMENT A311 • PERfORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA OO A
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N.Y. AVE., N.W., WASHINGTON, D. C. 2(X)06 `T
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
GENERAL RELEASE
(To be submitted with requisition for Final Payment)
KNOWN 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)
and its successors and assigns and administrators, of and from any and all manner of
action and actions, cause and causes of action, suits, debts, dues, sum and sums of
money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies,
agreements, promises, variances, trespasses, damages, judgments, patents, extents,
executions, claims and demands whatsoever in law and equity, which against the said
, and
(Owner/Contracting Agency)
JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter
can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever,
from the beginning of the world to the day of the date of these presents rising out of the
construction, in accordance with the contract entered into
between parties hereto, dated:
supplements thereto.
, 19 and any admittance or
IN WITNESS THEREOF, the undersigned corporation has caused this
agreement to be signed by its
its corporate seal to be hereto affixed and duly attested by
its
Attest:
this
day of
Principal:
REPLACEMENT OF BRUSHES CREEK BRIDGE
,19
H-1
and
0
PREVAILING WAGE RATES
ATTACHMENT
i
WAGE RATE DETERMINATION
for
BRUSHES CREEK BRIDGE DEMOLITION & REPLACEMENT
WITH A STRUCTURAL PLATE BOX CULVERT
at
PECONIC BAY BOULEVARD
BRUSHES CREEK
LAUREL, NEW YORK 11958
SECTION - L
T/O SOUTHOLD TOWN HALL
JAMES RICHTER
SOUTHOLD HIGHWAY DEPT.
PECONIC LANE
PECONIC
NY 11958
Schedule Type - COMPLETE
Date 02/14/96
Refer to:
PREVAILING RATE CASE NO.
PRC 9601033 SUFFOLK COUNTY
Location and Type of Project
PROJECT ID N: NONE
BRUSHES CREEK -CULVERT
REPLACEMENT,REMOVE &
REPLACE BRIDGE CULVERT
PECONIC BAY BLVD.,SOUTHOL
1995A
Fox
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 responsibility 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, 1995 through June 30, 1996,
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.N12Campus Albany,NY 12240 65 Court St. Buffalo,NY14202
155 Main St. W. Rochester,NY 14614 30 Wall St. Binghamton,NY13901
175 Fulton Ave.,Hempstead NY 11550 333E.WashingtonSt.Syracusel3292
207 Genesee St. Utica, NY 13501 30 GiennSt.,White PlainsNY10603
PW -200 (4-95) docm: letterla
YORK STATE
DEPARTMENT OF LABOR
,
BUREAU OF
PUBLIC WORK
STATE OFFICE
BUILDING CAMPUS
ALBANY,
NY 12240
T/O SOUTHOLD TOWN HALL
JAMES RICHTER
SOUTHOLD HIGHWAY DEPT.
PECONIC LANE
PECONIC
NY 11958
Schedule Type - COMPLETE
Date 02/14/96
Refer to:
PREVAILING RATE CASE NO.
PRC 9601033 SUFFOLK COUNTY
Location and Type of Project
PROJECT ID N: NONE
BRUSHES CREEK -CULVERT
REPLACEMENT,REMOVE &
REPLACE BRIDGE CULVERT
PECONIC BAY BLVD.,SOUTHOL
1995A
Fox
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 responsibility 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, 1995 through June 30, 1996,
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.N12Campus Albany,NY 12240 65 Court St. Buffalo,NY14202
155 Main St. W. Rochester,NY 14614 30 Wall St. Binghamton,NY13901
175 Fulton Ave.,Hempstead NY 11550 333E.WashingtonSt.Syracusel3292
207 Genesee St. Utica, NY 13501 30 GiennSt.,White PlainsNY10603
PW -200 (4-95) 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 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.
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 a 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 1st of each year. The prevailing
rate of wage for the period commencing July fist 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 ascertainable
from such collective bargaining agreements.
(See Sections 220.3, 220.5)
r
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 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 subcontractor will be required to furnish
written evidence of registration of its program and apprentices
as well as of the appropriate ratios and wage and supplement
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. (Section 220-e(c))
0
(d) The contr may be cancelled or terminated by � State
or municip lity, and all moneys due or to become due
thereunder may be forfeited, for A second or anysubsequent
violation of the terms or conditions of the
antidiscrimination sections of the contract. (See Section
220-e(d))
(a) All contractors or their: subcontractors shall provide to
their subcontractors 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 or the Labor Law. (See Section
220-e(d))
(b) All subcontractors engaged by a public improvement
contractor or its subcontractor, upon receipt of the
original schedule and any subsequently issued schedules,
shall provide to such 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 (4-95).
ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS
ENGAGED ON PUBLIC WORK PROJECTS IN NEW YORK STATE
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 a 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
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 Securtity Number, 4.
Occupational classification in which worked, 5. 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 notorized 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 5 days after a request produce at the work site the
oroginal 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.
APPRENTICES: Employees cannot be paid apprentice rates if they are not
individually registered under a program or agreement registered with the
Commissioner of Labor. The contractor or subcontractor will be required to
furnish written evidence of the registration of its program and apprentices and
of the appropriate ratio. The allowable ratio of apprentices to journeymen in
any craft classification can be no greater than the ratio permitted to the
contractor or subcontractor as to its work force on any job under the
registered program. An employee listed on a payroll as an apprentice, who is
not registered as above, must be paid the prevailing journeyman's wage rate for
that classification of work.
WITHHOLDING OF PAYMENTS: When a complaint is filed with the Commissioner of
Labor alleging the failure of a contractor or subcontractor to pay or provide
the prevailing wages or supplements, or when the Commissioner of Labor believes
that unpaid wages or supplements may be due, payments on the public work
contract may be withheld from the prime contractor in a sufficient amount to
satisfy the alleged unpaid wages and supplements, including interest and civil
penalty, pending a final determination.
INTEREST AND PENALTIES: If an underpayment of wages or supplements is found,
interest must be added at the rate then in effect prescribed by the
Superintendent of Banks pursuant to section 14-a of the banking law per annum
from the date of underpayment to the date of the new payment, and may also
include the imposition of a civil penalty not to exceed 25% of the amount due.
DEBARMENT: When final determinations have been made against a contractor or
subcontractor in two instances within�a six-year period determining that it
willfully failed to pay or provide the prevailing rate of wages or supplements,
such contractor or subcontractor will be ineligible to bid on or be awarded a
public work contract for a period of five years from the second final
determination.
NOTICE TO CONTRACTORS (continued)
CRIMINAL SANCTIONS: Willful violations of the Prevailing Wage Law (Article 8 ,
of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment,
or both.
DISCRIMINATION: No employee or applicant for employment may be discriminated
against on account of age, race, creed, color, national origin, sex, disability
or marital status. Every employer subject to the New York State Human Rights
Law must conspicuously post at its offices, places of employment or employment
training centers, notices furnished by the State Division of Human Rights.
POSTING OF OTHER NOTICES: Every employer providing worker's compensation
insurance and disability benefits must post in a conspicuous place notices of
such coverage in a form prescribed by the Workers' Compensation Board.
Employers liable for contributions under the Unemployment Insurance Law must
conspicuously post notices furnished by the State Department of Labor.
PW ig (4-95) ......
docm: letter2b
t,_
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 ist
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 agents 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 (4-95) docm: letterd
G
0
VERIFYING THE REGISTRATION 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 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 appreritices 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
conclusive 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 (4-95)
docm: letter2e
7
T/0 SOUTHOLD TOWN HALL
JAMES RICHTER
SOUTHOLD HIGHWAY DEPT.
PECONIC LANE
PECONIC NY 11958
NEW YORK STATE DEPT. OF LABOR
Bureau of Public Work
State Office Building Campus
Albany, NY 12240
SUFFOLK COUNTY
AGY. OF JURIS. : TOWN
NAT. OF PROJECT: HEAVY 8 HWY CONS -NEW 8 REPAIR
Schedule Type
COMPLETE 1995A
Date 02/14/96
Prevailing Rate Case No.
9601033 01
PROJECT ID H:NONE
BRUSHES CREEK -CULVERT
REPLACEMENT,REMOVE 8
REPLACE BRIDGE CULVERT
Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith.
Sec.220.3a of the Labor Law requires that certain information be furnished to the Commissioner of Labor.
Accordingly; you MUST complete ONE of these requests for EACH prime contract let immediately upon
notifying a successful bidder for this Public Work project. Photocopy as many blank forms as required to
supply one for each contractor.
Return this request to the address givers above
❑ Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and
supplernents will be requested.
❑ CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.)
❑ Letter of Intent ❑ Contract Signed ❑ Resolution
Work to be done by this prime contractor:
Type of Contract: CHECK APPLICABLE TYPE
(01) General Construction (02) Heating/Ventilation F1(03) Electrical
(04) Plumbing ❑ (05) Other
Contractor Information: ALL INFORMATION MUST BE SUPPLIED
Federal Employer Identification Number:
Name:
Address:
City:
Amount of Contract
Approximate Completion Date:
Estimated Date Entire Project Will be Completed:
CONTRACTSNOTNOT YET AWARDED
State:
Approximate Starting Date:
❑ (03) Electrical
, Signature . Date
PW -16 0-911
Zip:
IM
Type of Contract
(Check all applicable contract types)
❑(01)
(04)
General Construction
Plumbing
(02) Heating/Ventilation
0 (05) Other
❑ (03) Electrical
, Signature . Date
PW -16 0-911
Zip:
IM
0 • Page 1
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
INSTRUCTIONS
PREVAILING RATE SCHEDULE INFORMATION
The information listed below Is provided to assist you in the
interpretation of particular requirements, for each classification of worker,
contained in the attached Schedule of Prevailing Rates.
HOLIDAYS
PAID
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.
OVERTIME
Overtime holiday pay is the premium pay that is required for work
performed on specified holidays. It is only required where the employee
actually performs work on such holidays. "The applicable holidays are listed
under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays
can be found in the OVERTIME PAY section listings for each classification.
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 i 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.
Workers Comoensation
In accordance with Section 142 of the State Finance Law, the contractor
shall maintain coverage under the life of the contract for the benefit of such
employees as required by the provisions of the New York State Workers
Compensation Law.
-Contractor to be awarded contract must provide proof of Workers'
Compensation coverage prior to being allowed to begin work.
-The policy of insurance must be issued by a company authorized to provide
Workers' compensation coverage in this state.
-Proof of coverage must be on form C-iO5.2 (certificate of wokers'
compensation insurance) and must name this agency as a certififcate
holder.
-If New York State coverage is added to an existing out of state policy,it
can only be added to a policy of a company authorized to write workers'
compensation coverage in this state,and the coverage must be listed
under item 3A of the information page.
t.�
Page 2
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK
1995A
-The contract must maintain proof that subcontractors doing work covered
under this contract secure and maintain a workers' compensation policy
for all employees working in New York State.
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.
(7/01/93)
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.
( Bi) Time and one half of the hourly rate for the 9th. & 10th. hours Week days
and the ist. 8 hours on Saturday. Double the hourly rate for all
additional hours.
( C ) Double the hourly rate after 7 hour'§ per day.
( Ci) 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.
( Ei) 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
0 0 ,0
• • Page 3
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
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)
Page 4
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
ASBESTOS WORKER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Asbestos Worker....... $ 29.27 addit.
$0.75
WAGES (per hour)
8/01/94- 8/01/95-
7/31/95 12/31/95
rem./abatement only... $ 19.75 $ 20.25
OVERTIME: See ( C, 0, T*, V ) on OVERTIME PAGE attached.
overtime code T* applies to Labor Day only if worked.
OVERTIME: rem./abatement: See ( B, E, J ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE attached.
APPRENTICES: (,1 ) year terms at the following percentage of Journeyman's
rates.
1st 2nd 3rd 4th
50% 60% 70% 80%
SUPPLEMENTAL BENEFITS -.(per hour worked)
Journeyman $ 17.75
Apprentices Same '/ as
wages of
$ 17.75
Journeyman
rem & abatement $ 6.41
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-12
BOILERMAKER
WAGES(per hour) 9/01/94- 9/01/95-
8/31/95 8/31/96
Boilermaker ........... $ 30.33 31.35
OVERTIME PAY: See ( C, O ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID:See ( 8, 16, 23, 24 ) on HOLIDAY PAGE attached.
OVERTIME:See ( 4, 6, 7, 11, 12 ) on HOLIDAY PAGE attached.
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)
$3.40 $3.40
plus 47%, plus 47%
of Wage of Wage
Rate Rate
Listed supplements apply to ALL classifications ( X )Yes ( )No
4-5
fZ
•PREVAILING RATE SCHEDULE Page 5
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
CARPENTER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Building:
Millwright ........... $ 27.71 $ 28.53
OVERTIME PAY: See ( B, E2, F, R ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 18, 19 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8, 10, 11, 13 ) on HOLIDAY PAGE attached.
APPRENTICES: ( i ) year terms at the following percentage of Journeyman's wage.
1st. 2nd. 3rd. 4th.
55% 65% 75% 957/
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman $ 19.23 $ 19.45
Appr 1st term., 12.32 12.57
Appr 2nd term 13.50 13.75
Appr 3rd term 15.26 15.51
Appr 4th term 17.02 17.27
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-740
CARPENTER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Carpet/Resilient
Floor Coverer $ 27.98 $ 28.49
OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 18, i9 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 11, 13, 16 ) on HOLIDAY PAGE attached.
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. 8-2287
CARPENTER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Piledriver........... $ 27.98 $ 28.49
Dockbuilder.......... 27.98 28.49
OVERTIME PAY: See ( B. E, E2, Q ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( i ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 11, 13 ) on HOLIDAY PAGE attached.
Page 6
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
APPRENTICES: ( i ) 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
CARPENTER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Marine Construction:
Marine Diver .......... $ 34.05 $ 34.69
Tender.... 25.56 26.01
OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 11, 13 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL 8ENEFITS:(per hour worked)'-' See below. 8-1456/0,
CARPENTER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Timberman $ 25.69 $ 26.15
OVERTIME: See ( B, E, E2, Q ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( i ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 11, 13 ) on HOLIDAY PAGE attached.
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
CARPENTER
The following Supplemental Benefits apply to the preceding Carpenter categories
and/or occupational titles unless otherwise noted.
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman: $ 17.05 $ 17.55
Apprentices: 11.72 11.96
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-nyc/supp
CARPENTER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Building:
Carpenter ............... $ 27.74
Heavy/Highway:
Carpenter ............... $ 27.79
$ 0.98 additional
$ 0.98 additional
Page 7
OREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
OVERTIME PAY: See ( A, E, O ) on HOLIDAY PAGE attached.
HOLIDAYS:
PAID:See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 16 ) on HOLIDAY PAGE attached.
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)
$16.44 $16.44
Listed supplements apply to ALL classifications ( X )Yes ( )No, 4-SUF
ELEVATOR
WAGES (per hour) 7/01/95-
6/30/96
Elevator C:onstructor... $ 31.31
" Heiper' '........ 23.48
Modern. & service.. 27.33
" " " " Helper 20.50
OVERTIME PAY:CONSTR. See ( C, M, T ) on OVERTIME PAGE attached.
OVERTIME PAY:MODERN./SERV. See ( B, F, S ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE attached_
SUPPLEMENTAL BENEFITS:(per hour worked)
Construction $ 9.52
Modern./Service $ 9.37
Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-1
GLAZIER
WAGES(per hour) 7/01/95-
6/30/96
Glazier .............. $ 25.10
OVERTIME PAY: See ( C, O ) on OVERTIME PAGE attached
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 6, 6, 16, 25 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage.
1st 2nd 3rd 4th
35% 45'/ 60% 80%
Page 8
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman $ 16.27
Appr 1st term 8.98
Appr 2nd term 10.32
Appr 3rd term 11.20
Appr 4th term 12.31
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-1087
ELECTRICIAN
WAGES(per hour) 5/01/95- 5/01/96- 5/01/97-
4/30/96 4/30/97 4/30/98
Electrician............ $ 30.35 $ 31.35 $ 32.35
Fire Alarm ............. 30.35 31.35 32.35
Audio/Sound............ 30.35 31.35 32.35
OVERTIME PAY: See Following Note* plus ( B*, 0 ) on OVERTIME PAGE attached.
Note*: 9th, 10th, & 11th hours of weekdays to be paid at 1 1/2 times straight
time rate.
All additional. weekday hours double time..•
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE attached.
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)
5/01/95- 11/01/96- 11/01/97-
10/31/96 10/31/97 4/30/98
Journeyman 43.5% + 43.5% + 43.5% +
$4.30 $4.55 $4.83
App 1st yr 33% + 33% + 33% +
$4.30 $4.55 $4.83
App 2nd yr 43.5% + 43.5% + 43.5% +
$4.30 $4.55 $4.83
App 3rd yr 43.5% + 43.5% + 43.5% +
$4.30 $4.55 $4.83
App 4th yr 43.5% + 43.5% + 43.5% +
$4.30 $4.55 $4.83
App 5th yr 43.5% + 43.5% + 43.5% +
$4.30 $4.55 $4.83
App 6th yr 43.5% + 43.5% + 43.5% +
$4.30 $4.55 $4.83
4-25
Security Alarm Technician:
7/01/91-
6/30/92
Journeyman: $ 15.00
OVERTIME PAY: See ( B, S ) on OVERTIME PAGE Attached
HOLIDAYS:
PAID: See ( 5, 6, 10 ) on HOLIDAY PAGE attached
OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE attached
SUPPLEMENTAL BENEFITS: ( per hour worked )
17 & 1/2% + $ .10 4-25
APPRENTICES:
( 1 ) year terms at the following
percentage of journeyman's wage.
Page 9
3rd. 4th._
PREVAILING
RATE SCHEDULE
30% 35%
New York State
60% 70%
Department of Labor
----------------------------------Case
based on gross
Number ----------------------------------
5/01/95-
11/01/96-
9601033
--------------------------------------------------------------------------------
10/31/97
SUFFOLK
1995A
43.5%+
43.5%+
43.5%+
ELECTRICIAN
$4.55
$4.83
APP. ist 'yr
WAGES(per hour)
5/01/95-
5/01/96-
5/01/97-
$4.30
4/30/96
4/30/97
4/30/98
Lineman ................
$ 30.35
$ 31.35
$ 32.35
Technician .............
30.35
31.35
32.35
Heavy Equip. Oper......
30.35
31.35
32.35
Truck Driver...........
30.35
31.35
32.35
Groundman..............
30.35
31.35
32.35
OVERTIME PAY: See
Following Note*
plus ( B*,O, V )
on OVERTIME PAGE attached.
Note*: 9th, 10th
& 11th hours of
wk weekdays to be
paid at 1 1/2 times straight
time rate
$4.55
$4.83
APP. 6th yr
HOLIDAYS:
43.5%+
43.5%+
PAID:See ( i )
on HOLIDAY PAGE
attached.
Listed supplements apply to ALL
OVERTIME: See
( 5, 6, 16, 25 )
on HOLIDAY PAGE
attached.
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)
5/01/95-
11/01/96-
11/01/97-
10/31/96
10/31/97
4/30/98
JOURNEYMAN
43.5%+
43.5%+
43.5%+
$4.30
$4.55
$4.83
APP. ist 'yr
33%+
33%+
33%+
$4.30
$4.55
$4.83
APP. 2nd yr
43.5%+
43.5%+
43.5%+
$4.30
$4.55
$4.83
APP. 3rd yr
43.5%+
43.5%+
43.5%+
$4.30
$4.55
$4.83
APP. 4th yr
43.5%+
43.5%+
43.5%
$4.30
$4.55
$4.83
APP. 5th yr
43.5%+
43.5%+
43.5%+
$4.30
$4.55
$4.83
APP. 6th yr
43.5%+
43.5%+
43.5%+
$4.30
$4.55
$4.83
Listed supplements apply to ALL
classifications (X)Yes ( )No. 4-251ine
ELECTRICIAN
Applicable to electrical maintenance of existing electrical systems including,
but not limited to, traffic signals and street lighting.
WAGES(per hour) 5/01/95-
4/30/96
Electrician $ 23.75
OVERTIME PAY: See ( B, H, P ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( i ) on HOLIDAY PAGE attached.
OVERTIME:See ( 5, 6, 16, 25 ) on HOLIDAY PAGE attached.
/7
Page 10
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
--------------------------------------------------------------------------------
APPRENTICES: ( 1 ) year terms at the following Wage.
1st 2nd 3rd 4th
40% 50% 60% 70%
SUPPLEMENTAL BENEFITS:(per hour worked)
32 1/2%
of wage
plus $2.25
Listed supplements apply to ALL classifications ( X )Yes ( )No 4-25m
TELECOMMUNICATION WORKER - Voice, Data, Video
WAGES(per hour)
8/01/94- 08/06/95- 08/04/96-
08/03/97
8/05/95
08/03/96 08/02/97
08/03/98
Field Tech *note*
Starting
6.94
7.15
After 6 mos
8.06
8.05
" 12 mos .+
9.00
9.08
" 18 mos
10.04
10.23 +3.5%
+3.0%
" 24 mos
11.21
11.51 per hr.
per hr.
" 30 mos
12.51
12.98
" 36 mos
13.96
14.61
" 42 mos
15.59
16.46
" 48 mos
17.39
18.54
" 54 mos
19.42
20.89
" 60 mos
22.14
23.53
Tele. Tech. Assoc.
23.40
23.53 +.3.5%
+3.5%
OVERTIME PAY: See (B,I,S) on OVERTIME PAGE attached.
HOLIDAYS:
Paid : See ( 5,6,7,11,12) on HOLIDAY PAGE attached.
Overtime : See
( 5,6,7,11,12)
on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS:(per hour worked)
19.3%.of
wage
Listed supplements,apply
to ALL
classifications (X)Yes
( )No. NYNEX/1.b
IRONWORKER
WAGES(per hour)
7/01/95-
1/01/96-
12/31/95
6/30/96
Structural...........
$ 25.50
Addit.
Riggers ..............
25.50
$0.75
Machinery Movers.....
25.50
per
" Erectors...
25.50
hour
OVERTIME PAY: See
( B, 131, Q, V
) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 18,
19 ) on HOLIDAY
PAGE attached.
OVERTIME: See (
5, 6, 8 ) on
HOLIDAY PAGE attached.
APPRENTICES: ( 1/2
) year terms
at the following wage.
1st. 2nd.
3rd. 4th.
5th. 6th.
$13.65 14.25 14.85
15.45
15.45 15.45
PREVAILING RATE SCHEDULE Page 11
New York .State Department of Labor
----------------------------------Case Number -----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman $ 28.78
Apprentices 21.43
Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-40/361
IRONWORKER
WAGES(per hour) 7/01/95-
6/30/96
Reinforcing &
Metal Lathing........... $ 29.42
OVERTIME PAY: See ( C, O ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5,.6, 8, 10, 11, 13 ) on HOLIDAY PAGE attached.
APPRENTICES:( 1 ) year terms at the following wage rates.
1st 2nd 3rd 4th_
$14.00 $17.4.1 $20.89 $24.37
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman $ 14.79
Apprentices 9.39
Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-46
IRONWORKER
WAGES(per hour)
7/01/95- 1/01/96
12/31/95 6/30/96
Ornamental........... $ 26.15 addit.
Chain Link Fence..... 26.15 $0.50
OVERTIME PAY: See ( A, D1, E*, 0, V ) on OVERTIME PAGE attached.
*Double time after 7 hours on Saturday.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8 ) on HOLIDAY PAGE attached.
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%
**Appr. indentured after 7/01/93 -1st term is 4 months, 6th term is eight
months.
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman and Apprs.
indentured prior to
7/01/93 $ 20.90
Page 12
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number -- ---------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
Apprs. indentured
after 7/01/93
1st term 17.23
2nd 17.69
3rd 18.15
4th 19.07
5th 19.52
6th 20.44
Listed supplements apply toALL classifications ( x )Yes ( )No. 8-580
LABORER
WAGES(per hour) 7/01/95- 1/01/96-
12/31/95 6/30/96
Building Laborer:
All Classifications... $ 21.00 $ 0.50 additional
OVERTIME PAY: See ( A, E, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME;_ See ( 5, 6, 10 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS:(per hour worked)
$13.73 $ 13.73
Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-66
LABORER - HEAVY/HIGHWAY
Laborer(Heavy/Highway):
Group N 1: Asphalt Rakers and Formsetters.
Group N 2: Asphalt Shovelers and Tampers.
Group N 3: Basic Laborer, Power Tool, Trackmen, Landscape, Pipelayer,
Jackhammer and Concrete.
WAGES(per hour) 6/01/95
5/31/96
Heavy/Highway
Laborer:
Group N 1 ............. $ 23.00
Group N 2 .............. 22.47
Group N 3 ............. 20.72
OVERTIME PAY: See ( B, F, R, E4 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID:See ( 5, 6, 16, 26 )* on HOLIDAY PAGE attached.
*2 hours pay for each day worked that week
OVERTIME: See (-5, 6, 16, 26 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS_(per hour worked)
$ 9.97
Listed supplements apply to ALL classifications ( x )Yes (
)No 4-1298
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 13.47
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-780
MASON - Building
WAGES(per hour) 1/01/95- 7/01/95- 1/01/96-
6/30/95 12/31/95 6/30/96
Building:
Plasterer ............. $ 23.00 Additional Additional
$.50 per hr $.50 per hr
OVERTIME PAY: See ( A, O, V ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 11, 15, 25 ) on HOLIDAY PAGE attached.
•
• Page 13
PREVAILING RATE SCHEDULE
New York State
Department of Labor
----------------------------------Case
Number ----------------------------------
9601033
-------------------------------------------------------------------------------
SUFFOLK
1995A
MASON - Building
WAGES(per hour)
7/01/95-
6/30/96
Building:
Bricklayer............
$ 30.77
OVERTIME FAY: See (
A, E, Q ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 )
on HOLIDAY PAGE attached.
OVERTIME: See (
5, 6, 10 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 750 hour ) terms at the following
percentage of Journeyman's wage.
1st 2nd 3rd
4th 5th (500 hrs) 6th (500 hrs)
50'/ 60% 70%
80% 90% 95%
SUPPLEMENTAL BENEFITSA
per hour worked)
Journeyman
$ 14.31
Apprentices
$ 12.76
Listed supplements
apply to ALL classifications ( )Yes ( X
)No. 8-nydc
MASON
WAGES(per hour)
7/01/94- 7/01/95-
6/30/95 6/30/96
addit.
Cement Mason..........
$ 27.99 $1.36 per hr.
OVERTIME PAY: See (
C, 0. V ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 )
on HOLIDAY PAGE attached.
OVERTIME: See (
5, 6, 8, 13, 25 ) on HOLIDAY PAGE attached.
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)
$ 13.47
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-780
MASON - Building
WAGES(per hour) 1/01/95- 7/01/95- 1/01/96-
6/30/95 12/31/95 6/30/96
Building:
Plasterer ............. $ 23.00 Additional Additional
$.50 per hr $.50 per hr
OVERTIME PAY: See ( A, O, V ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 11, 15, 25 ) on HOLIDAY PAGE attached.
Page 14
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
--------------------------------------------------------------------------------
APPRENTICES:( 1 ) year terms at the following percentage of journeyman's wage.
1st term 40%
2nd 60%
3rd 80%
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman........... $ 14.69
Apprentices ... ....... after 3 mos. of employment, same as journeyman.
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-202p
MASON -Building
WAGES (per hour) 1/01/95- 7/01/95- 1/01/96-
6/30/95 12/31/95 6/30/96
Building:
Mosaic &
Terrazzo Worker $ 27.38 Additional Additional
Helper 26.07 50c per hr. 50c per hr.
OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 12.40
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-3
MASON - Buildina
WAGES(per hour) 4/27/92- 4/28/93-
4/27/93 4/27/94
Building:
Tile Layer............ $ 24.91 Additional
$2.00 per hr.
OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8, 10, 11, 15. 16 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's
wage.
1st. 2nd. 3rd. 4th. 5th. 6th.
45% 50% 55% 60% 70% 80%
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 12.41
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-52
• •
Z7-
' REVAILING RATE SCHEDULE • Page 15
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
MASON - Building
WAGES(per hour) 5/03/93-
5/02/94
Building:
Tile Layer Helper
& Finisher....... $ 23.70
OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME:: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 10.09
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-88
MASON - Pointer/Caulker/Cleaner
WAGES(per hour) 7/01/94 7/01/96-
6/30/96 6/30/97
Pointer, Cleaner,&
Caulker (Mason)..... $ 23.18 COLA raise
OVERTIME PAY: See ( B, H ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 25, 26 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1 ) year terms at the following wage rates.
ist 2nd 3rd 4th 5th
$10.00 11.50 13.00 15.00 18.00
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman $ 11.46
Appr 1st year 2.50
Appr 2nd year 20% of $11.46
Appr 3rd year 40% of $11.46
Appr 4th year 60% of $11.46
Appr 5th year 80% of $11.46
Listed supplements apply to ALL classifications (X)Yes ( )No. 8-66w
MASON - Building
WAGES(per hour) 7/05/95-
1/04/96
Stone Setter.......... $ 31.96
OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 18 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE attached.
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%
z�
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE attached.
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)
$ 20.10
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-197
MASON -Building
WAGES(per hour) 7/01/93-
Page 16
12/31/93
PREVAILING
RATE SCHEDULE
New York State
& Polisher ............ $ 28.78
Department of Labor
----------------------------------Case
Number ----------------------------------
Marble- Cleaner....... 14.37
no add
9601033
" - Maintenance... 13.22
-------------------------------------------------------------------------------
SUFFOLK
1995A
SUPPLEMENTAL BENEFITS:(per hour
worked)
receive
Journeyman
$ 17.60
apprentices receive (5,6,11,15 ) on HOLIDAY PAGE
attached. All others no paid
1st & 2nd yr Apprs.
$ 17.16
APPRENTICES: ( 1/2 ) year terms at the following
percentage of Journeyman's
All other Apprs
$ 17.60
1st. 2nd. 3rd. 4th. 5th. 6th.
7th. 8th.
Listed supplements apply to ALL
classifications (
x )Yes ( )No. 8-84
IRONWORKER
Sawyer/Rubber/Polisher $il.62
Cleaner/Maintenance $ 3.50
Apprentices $ 5.43 plus
WAGES(per hour)
1/01/95-
7/01/95-
1/01/96-
( x )Yes ( )No.
6/30/95
12/31/95
6/30/96
Derrickman/Rigger....
$ 28.59
addit.
addit.
$0.80
$0.80
per hr.
per hr.
OVERTIME PAY: See ( C,
0, V ) on
OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE attached.
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)
$ 20.10
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-197
MASON -Building
WAGES(per hour) 7/01/93-
1/01/94-
12/31/93
6/30/94
Building:
Marble- Sawyer, Rubber
& Polisher ............ $ 28.78
add .85
per hr.
Marble- Cleaner....... 14.37
no add
per hr
" - Maintenance... 13.22
no add
per hr
OVERTIME PAY: See (A,E,Q,V ) on OVERTIME PAGE attached.
PAID HOLIDAY: Journeymen except Cleaners and Maintenancemen
receive
1/2 days pay for Labor Day. Cleaners, Maintenancemen
and 1st three terms of
apprentices receive (5,6,11,15 ) on HOLIDAY PAGE
attached. All others no paid
holidays.
APPRENTICES: ( 1/2 ) year terms at the following
percentage of Journeyman's
wage.
1st. 2nd. 3rd. 4th. 5th. 6th.
7th. 8th.
50% 54% 59% 63% 67'/ 72%
76% 80%
SUPPLEMENTAL BENEFITS:(per hour worked)
Sawyer/Rubber/Polisher $il.62
Cleaner/Maintenance $ 3.50
Apprentices $ 5.43 plus
wage % of $ 6.19
Listed supplements apply to ALL classifications
( x )Yes ( )No.
8-24
O• REVAILING RATE SCHEDULE • Page 17
New York State Department of Labor
----------------------------------Case Number-- -------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
MASON - Building
WAGES(per hour) 1/01/94-
6/30/94
Building:
Marble Cutters &
Setters ............. $ 28.64
OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: Journeymen receive 4 hours pay on Labor Day.
Apprentices 1st three terms, See ( 5, 6, 8, 10, 15 ) on HOLIDAY PAGE
attached plus any day following a Thursday or Sunday Holiday. All
other Apprentices, See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8, 10, 15 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's
wage.
1st. 2nd. 3rd. 4th. 5th. 6th.
50% 55% 65% ' 70% 80% 95%
SUPPLEMENTAL BENEFITS:(pr hour worked)
Journeyman $ 13.55
Apprentices $ 6.05 plus
wage % of
$ 7.50
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-4
MASON -Building
WAGES(per hour 7/01/93- 1/01/94-
12/31/93 6/30/94
Marble -Riggers,
Crane & Derrickman $ 24.82 Addit.
.70
per hr.
OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached.
PAID HOLIDAY: 1/2 Day for Labor Day.
SUPPLEMENTAL BENEFITS:(per hour worked)
$19.47
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-20
PAINTER
WAGES(per hour)
4/01/94-
4/01/95-
3/31/95
3/31/96
Brush, Paper Hanger....
$ 23.88
Addit.
Structural Steel.......
31.46
$1.45
Spray, Scaffold........
26.35
per
Sandblasting...........
26.35
hr.
Repaint/Renovation.....
20.89+
*Additional $2.00 per hr. for Hanging Scaffold, Spray, Sandblasting, and
Rolling Scaffold 20' and over.
0 0 _90
Page 18
PREVAILING RATE SCHEDULE
New York State
Department of Labor
----------------------------------Case
Number ----------------------------------
®
9601033
® ----- -----------------------------SUFFOLK
---------------------------------
---
OVERTIME PAY: See ( A. K
) on OVERTIME PAGE attached.
OVERTIME PAY-Repaint/Renovation: See ( B ) on OVERTIME PAGE
attached.
HOLIDAY:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6
®
) on F10LIDAY PAGE attached.
-® APPRENTICES: ( 1 ) year
terms at the following rates.
1st
2nd 3rd
Brush 10.73
16.01 19.11
Scaff./SB 11,84
®
17.62 21.09
Struc.Stl. 12.94
19.24 23.08
Rpt/Ren. 10.73
16.01 19.11
SUPPLEMENTAL BENEFITS:(Per hour worked)
® Rpt/Ren. Journeyman
$10.39
-® A11 other Journeyman
12.45
Appr Ist year
4.76
Appr all other terms
10.18
Listed supplements apply
to ALL classifications (X)Yes ( )No. 4-1486
_®
- PLUMBER
® WAGES(Per hour)
5/01/95- 11/01/95- 5/01/96-
11/01/96-
10/31/95 4/30/96 10/31/96
4/30/97
Plumber ..............
$ 31.75 $ 32.00 $ 32.25
$ 32.50
- OVERTIME PAY: See ( A, 0
) on OVERTIME PAGE attached.
-® HOLIDAY:
PAID: See ( 1 ) on HOLIDAY
PAGE attached.
OVERTIME:See ( 5, 6,
15, 25 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1 ) year
terms at the following percentages of journeyman's
wage
= 1st 2nd 3rd
4th 5th
-- 40% 50% 65%
70% 75%
_® SUPPLEMENTAL BENEFITS:(Per
hour worked*)
® Journeyman
$13.78 $14.13 $14.28
$14.53
Appr 1st term
7.54 7.94 8.34
8.74
Appr 2nd term
9.18 9.56 9.90
10.23
-= Appr 3rd term
9.22 9.56 9.90
10.23
Appr 4th term
9.86 10.19 10.51
10.84
-� Appr 5th term
10.24 10.55 iO.86
11.17
- *Sunday and Holiday Benefits
paid at Double Time rate.
Listed supplements apply
to ALL classifications ( X )Yes (
)No 4-200
STEAMFITTER
® WAGES(per hour)
6/28/95- 1/03/96-
1/02/96 6/30/96
Steam Fitter..........
$ 30.05 Additional
- Sprinkler Fitter......
30.05 $0.50 per hr
to be allocated
® OVERTIME PAY: See ( C. O,
V ) on OVERTIME PAGE attached.
0 0 _90
40REVAILING RATE SCHEDULE • Page 19
New York State Department of Labor
----------------------------------Case Number---' ------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's
wage.
1st. 2nd. 3rd. 4th. 5th.
40% 50% 65% 80% 85%
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman: $ 17.84
Apprentices: $ 0.34 plus
term / of
$ 17.50
Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-638A
STEAMFITTER
WAGES(per hour) 7/01/95-
6/30/96
Refrigeration, A/C, Oil Burner and Stoker Service and Installations. Limited on
Refrigeration to combined compressors up to five (5) horsepower and on A/C,
Heating and Air Cooling to combined compressors up to ten (10) horsepower.
Steamfitter.......... $ 20.15
OVERTIME PAY:See ( B, E, Q ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 7, it, 26 ) on HOLIDAY PAGE attached.
OVERTIME: If any of the above fall on Sat., code S applies (if worked).
APPRENTICES: ( 1 ) year terms at the following wage.
1st 6mo 2nd 6mo 2nd yr 3rd yr 4th yr
$5.75 $9.56 $11.59 $13.58 $16.46
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman
$ 7.46
Apprentices
1st year
6.75
2nd year
6.88
3rd year
7.04
4th year
7.25
Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-6388
WAGES(per hour) 4/01/93-
9/30/93
Roofer/Waterproofer......... $ 22.14
OVERTIME PAY -New Roof: See ( A, E, Q ) on OVERTIME PAGE attached.
OVERTIME PAY-Reroof: See ( B, E, Q ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 13, 16 ) on HOLIDAY PAGE attached.
Page 20
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
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 BENEFITS:(per hour worked)
Journeyman $14.58
Apprentices wage% of
$14.58 +
$ 0.03
Listed supplements apply to ALL classifications ( X )Yes ( )No 4-154
SHEETMETAL WORKER
WAGES(per hour) 2/01/95- 8/01/95- 2/01/96-
7/31/95 1/31/96 7/31/96
Sheetmetal Worker..:. $ 32.21 addit. $.60 addit. $.65
per hr to be per hr to be
allocated allocated
OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 1 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 7, 12 ) on HOLIDAY PAGE attached.
APPRENTICES: ( 1/2 ) year terms at the following wages.
1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 8th.
9.67 11.28 12.88 14.49 16.11 17.69 19.33 22.55
SUPPLEMENTAL BENEFITS:(per hour worked)
Journeyman $ 14.58
Appr 1st term 5.94
Appr 2nd term 6.48
Appr 3rd term 7.07
Appr 4th term 7.66
Appr 5th term 8.32
Appr 6th term 9.52
Appr 7th term 9.96
Appr 8th term 11.98
Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-28
WELDER
Welder To be paid the rate of the mechanic performing the work.
HOLIDAY:
PAID: See ( 5, 6, 7, 11, 12 )* on HOLIDAY PAGE attached.
OVERTIME:See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE attached.
* must work two day$ in holiday week.
SUPPLEMENTAL BENEFITS:(per hour worked)
Group 1........i......... $ 16.7625
Group 2 ............... 16.8025
Listed supplements apply to ALL classifications ( X )Yes ( )No 4-282nsh
SHEETMETAL WORKER
WAGES (per hour) 11/01/94-
6/30/95
Sign Erector......... $ 23.25
OVERTIME PAY: See ( A, E, P, T ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE attached.
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)
Journeyman $ 4.83 plus
$ 27.00 per
day plus
20% of wage
Appr 1st & 2nd yrs $ 4.40 plus
2% of wage
Appr 3rd yr $ 3.58 plus
$ 2.00 per
day plus
18% of wage
Appr 4th yr $ 3.58 plus
$ 4.00 per
day plus
20% of wage
Appr 5th yr $ 3.58 plus
$ 6.00 per
day plus
20% of wage
Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-137
O
Page 21
is
.
EVAILING RATE SCHEDULE
New York State
Department of Labor
----------------------------------Case
Number --- =------------------------------
9601033
-------------------------------------------------------------------------------
SUFFOLK
1995A
TEAMSTER-Building
Truck Oriver(Building
and Heavy/Highway):
GROUP 1: Chauffeur and
Excavation.
GROUP 2: Euclid and Turnapull
type trucks.
WAGES(per Hour)
7/01/95-
6/30/96
Truck Driver (Building
and Heavy/Highway):
Group i.................
$ 23.235
Group 2.................
23.795
OVERTIME PAY: See ( B,
E, R ) on OVERTIME PAGE attached.
HOLIDAY:
PAID: See ( 5, 6, 7, 11, 12 )* on HOLIDAY PAGE attached.
OVERTIME:See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE attached.
* must work two day$ in holiday week.
SUPPLEMENTAL BENEFITS:(per hour worked)
Group 1........i......... $ 16.7625
Group 2 ............... 16.8025
Listed supplements apply to ALL classifications ( X )Yes ( )No 4-282nsh
SHEETMETAL WORKER
WAGES (per hour) 11/01/94-
6/30/95
Sign Erector......... $ 23.25
OVERTIME PAY: See ( A, E, P, T ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE attached.
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)
Journeyman $ 4.83 plus
$ 27.00 per
day plus
20% of wage
Appr 1st & 2nd yrs $ 4.40 plus
2% of wage
Appr 3rd yr $ 3.58 plus
$ 2.00 per
day plus
18% of wage
Appr 4th yr $ 3.58 plus
$ 4.00 per
day plus
20% of wage
Appr 5th yr $ 3.58 plus
$ 6.00 per
day plus
20% of wage
Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-137
Page 22
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------- Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
PAINTER - Striping Highway
WAGES(per hour) 4/01/95- 4/01/96-
3/31/96 3/31/97
Painter (Striping -Highway etc.):
Striping -Machine Oper. $ 16.92 $ 17.57
" Helper......... 15.14 15.79
Linerman.............. 19.59 20.09
OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 8, 10, 11, 12, 15, 16 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 8, 10, 11, 12, 15, 16 ) on HOLIDAY PAGE
attached.
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 0.50 plus
24% of
wage
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-230
WAGES(per hour) 4/02/95-
3/30/96
Tree Trimmer (Line Clearance Specialist)
$ 17.13
OVERTIME: See ( B, E, P, T ) on OVERTIME PAGE Attached.
HOLIDAYS:
PAID:See ( 5, 6, 8, 9, 11, 16 ) on HOLIDAY PAGE attached (Must Work Day
Before)
OVERTIME: See ( 5, 6, 8, 9, 11, 16 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS: (per hour worked)
$ 3.89
Listed supplements apply to all classifications ( x ) Yes ( ) No. 4-1049
Page 23
PREVAILING RATE SCHEDULE •
New York State Department of Labor
----------------------------------- Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
SURVEY CREW - Building
WAGES:(per hour) 7/01/95-
6/30/96
Survey Rates -Building:
Party Chief......... $ 25.76
Instrument Man...... 21.77
Rodman/Chainman..... 14.46
OVERTIME PAY: See ( A, E, Q ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS: (per hour worked)
$ 14.40*
* $11.00 of above amount paid at same rate as overtime.
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-15Db
SURVEY CREW - Heavy/Highway
WAGES: (per hour) 7/01/95-
6/30/96
Survey Rates-Heavy/Hiway
Party Chief......... $ 25.95
Instrument Man...... 21.49
Rodman/Chainman..... 19.11
OVERTIME: See ( B, E, Q ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS: (per hour worked)
$ 14.40*
*$11.00 of above amount paid at same rate as overtime.
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-150-N/S
Page 24
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number -----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
SURVEY CREW - Consulting Engineer
CONSULTING ENGINEER SURVEY
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)
Survey Rates:
Party Chief ......... $
Instrument Man......
Rodman/Chainman.....
7/01/95- 7/01/96-
6/30/96 6/30/97
21.26 Add it.
17.93 $0.90
15.18 per hr.
OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 7, 8, 11, 12 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 7, 8, 11, 12 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS: (per hour worked)
* $ 9.20
* $6.80 of the above amount paid at same rate as overtime.
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-15Dc
CORE DRILLING
WAGES(per hour) 10/17/93-
10/16/94
Core Drilling:
Driller ............... $ 20.235
" Helper.......... 17.725
OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6 ) on HOLIDAY PAGE attached.
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 6. 19
Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-1536
POWER EQUIPMENT OPERATOR - Heavy/Highway
WAGES(per hour) 8/01/94-
7/31/95
Well Driller:
Driller............ $ 21.45
1. Helper..... 19.20
OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 10, 12, 16 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 12, 16 ) on HOLIDAY PAGE attached.
Paae 25
REV
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 6.55*plus
10% of straight
time rate
*$8.05 plus 10% of straight time rate for overtime hours.
Listed supplements apply to ALL classifications ( x )Yes ( )No.
4-138we11
POWER EQUIPMENT OPERATOR - Building
BUILDING:
CLASS "A":Asphalt Spreader. Backhoe Crawler, Boiler, Boring Machine, Cherry
Picker (over 50 tons), Concrete pump, Crane, Derrick, Dragline, Dredge,
Gradall, Grader, Hoist, Loading Machine (10 yds or more), Milling Machine, Pile
Driver, Power Winch -Stone Setting/Structural Steel/Truck Mounted, Powerhouse,
Road Paver, Scoop -Carryall -Scraper in Tandem, Shovel, Sideboom Tractor, Stone
Spreader (Self Propelled), Tank Work, Tower Crane Engineer,
CLASS "B":
Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherrypicker,
Conveyor -Multi, Dinky Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine &
Front Loader, Mulch Machine (Machine fed), Power Winches (All others not
included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Machine,
Scoop, Carryall, Scraper, Maint. Man on Tower Crane, Trenching Machine, Vermeer
Cutter, Work Boat.
CLASS "C":
Curb Machine, Maintenance Engineer (Small Equip. & Well Point), Field Mechanic,
Milling Machine (Small), Pulvi-Mixer, Pumps, Roller (Dirt), Vac -All,
Welding/Burning, Compressor (Structural Steel & 2 or more in Battery), Concrete
Finishing Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist
(1 Drum), Ridge Cutter, Striping Machine, Welding Machine (Structural Steel &
Pile Work).
CLASS "D":
Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw Cutter, Work Lift
(Walk Behind/Power Operated), Generator (Pile Work), Hydra Hammer, Hand
Operated Mechanical Compactors, Pin Puller, Portable Heater,
Power-Broom/Buggy/Grinders, Pumps -Single Action 1 to 3 inches/Gypsum/Double
Action Diaphragm, Hand Trencliing Machine, Welding Machine.
Class " E '
Batching Pliant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump
(Centrifugal up to 3 inches), Root Cutter, Stump Chipper, Oiler on Tower Crane,
Track Tamper, Tractor, Vibrator, Deckhand on Work Boat.
WAGES(per hour) 7/01/95-
5/31/96
Class " A $ 29.25*
*Add $3.00 for Hazardous Waste Work
Class " B 27.75*
*Add $2.00 for Hazardous Waste Work
Class " C 26.75*
*Add $1.00 for Hazardous Waste Work
Class D 24.75
Class E 23.75
*Cranes : Boom length over 100 foot add $ 0.50 per hour
" 150 $ 0.75 "
" 250 $ 1.00 "
" 350 $ 1.50 "
_1 5
Page 26
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number --- -----------------------------
9601033
SUFFOLK 1995A
------•-------------------------------------------------------------------------
OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, S. 9, 10, 16 ) on HOLIDAY PAGE attached*
*must work day before & day after, or receive 2 hours per intermittent day
OVERTIME: See ( 5, 6, 8, 9, 10, 16 ) on HOLIDAY PAGE attached*
Apprentice Rate is $15.60 FOR 36 MONTH TERM
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 17.29*Note
*Note:OVERTIME JOURNEYMAN $13.95 -- APPRENTICE $3.35
Listed supplements apply to ALL classifications ( x )Yes ( )No 4-138
POWER EQUIPMENT OPERATOR - Heavy/Highway
HEAVY HIGHWAY:
CLASS "A":Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry
Picker (over 50 tons), Concrete pump, Crane, Derrick, Dragline, Dredge,
Gradall, Grader, Hoist Loading Machine (10 yds or more), Milling Machine, Pile
Driver, Power, Winch -Stone Setting/Structural Steel/Truck Mounted, Powerhouse,
Road Paver, Scoop -Carryall -Scraper in Tandem, Shovel, Sideboom Tractor, Stone
Spreader (Self Propelled), Tank Work, Tower Crane Engineer.
CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherrypicker,
Conveyor -Multi, Dinky Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine &
Front Loader, Mulch Machine (Machine fed), Power Winchs (All others not
included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Machine,
Scoop, Carryall, Scraper, Maint. Man on Tower Crane, Trenching Machine, Vermeer
Cutter, Work Boat.
CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Well Point), d
Field Mechanic, Milling Machine (Small), Pulvi-Mixer, Pumps, Roller (Dirt),
Vac -All, Welding/Burning, Compressor (Structural Steel & 2 or more in Battery),
Concrete Finishing Machine, Concrete Spreader, Conveyor, Curing Machine,
Fireman, Hoist (i Drum), Ridge Cutter, Striping Machine, Welding Machine
(Structural Steel & Pile Work).
CLASS "D": Compressor (Pile, Crane, Stone Setting), Concrete Breaker/Saw
Cutter, Work Lift (Walk Behind, Power Operated), Generator (Pile Work), Hydra
Hammer, Hand Operated Mechanical Compactors, Pin Puller, Portable Heater,
Power--Broom/Buggy/Grinders, Pumps -Single Action 1 to 3 inches/Gypsum/Double
Action Diaphragm, Hand Trenching Machine, Welding Machine.
PREVAILING RATE SCHEDULE Page 27
New York State Department of Labor
----------------------------------Case Number----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
Class " E Batching Plant, Generator, Grinder, Mixer, Mulching Machine,
Oiler, Pump (Centrifugal up to 3 inches), Root Cutter, Stump Chipper, Oiler on
Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand on Work Boat.
Class " F Lead Tec TV Crew.
Class " G Wet Out Tec.
Class " H Technician.
WAGES ( per hour ) 7/01/95-
5/31/96
Class " A $ 30.05*
*Add $3.00 for Hazardous Waste Work
Class " B 28.05*
*Add $2.00 for Hazardous Waste Work.
Class " C 27.05+
*Add $1.00 for Hazardous Waste Work.
Class " D 25.05
Class " E 24.05
Class " F 26.70
Class " G "...:......... 26.20
Class " H "............. 26.20
*Cranes : Boom length over 100 foot add $ 0.50 per hour
" 150 $ 0.75 "
" 250 $ 1.00 "
350 $ 1.50
OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached.
HOLIDAYS:
PAID: See ( 5, 6, 8, 9, 10, 16 ) on HOLIDAY PAGE attached*
*must work day before & day after,or receive 2 firs per intermittent day
OVERTIME: See ( 5. 6. 8. 9, 10, 16 ) on OVERTIME PAGE attached*
APPRENTICE RATE is $15.60 per hr for entire 36 month term
SUPPLEMENTAL BENEFITS:(per hour worked)
$ 17.29* NOTE
*Note: OVERTIME JOURNEYMAN $13.95 -- APPRENTICE $3.35
Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-138
MARINE CONSTRUCTION
WAGES(per hour) 10/01/94- 10/01/95-
9/30/95 9/30/96
Hydraulic: Dredge:
Class A:
Leverman.............
Engineer, Derrick Op.
Chief matte on Dredge.
Class C:
Maint. Eng...........
Mate ... :.............
Boat Captain.........
Class D:
Deckhand.............
Fireman, Oiler.......
Shoreman.............
$ 22.44 $ 23.35
20.78 21.51
20.47 21.20
20.32 21.04
18.97 19.65
19.12 19.80
15.83 16.15
16.44 16.77
15.83 16.15
-------------------------
PREVAILING RATE SCHEDULE Page 28
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
Tug Boats:
Class A:
Tug Master........... 20.00 20.71
Tug Chief Engineer... 19.49 20.19
Class C:
Tug Captain.......... 19.12 19.80
Tug Engineer......... 19.12 19.80
Class D:
Tug Deckhand......... 16.03 16.36
-------------------------
Dipper and Clamshell Dredges:
Class A:
Operator ............. 22.83 23.76
Engineer ............. 21.22 21.97
Class C:
Maint. Engineer....... 20.32 21.04
Mate ................. 18.97 19.65
Boat Master, Welder.. 20,01 20.72
Boat Captain......... 19.12 19.80
Class D:
Oiler ................ 16.44 16.77
Deckhand............. 16.03 16.36
OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE attached.
HOLIDAY:
PAID: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached.
OVERTIME: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached.
The following SUPPLEMENTAL BENEFITS apply to ALL classifications of the above
HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS.
SUPPLEMENTAL BENEFITS:(per hour worked)
All Class A $ 4.63 $ 4.63
plus plus
8% of 8% of
wage wage
All Class C $ 4.34 $ 4.34
plus plus
8% of 8% of
wage wage
All Class D $ 4.06 $ 4.06
plus plus
8% of 8% of
wage wage
4-25a
Is 0 ?�
• Page 29
PREVAILING RATE SCHEDULE
New York State Department of Labor
----------------------------------Case Number ----------------------------------
9601033
SUFFOLK 1995A
-------------------------------------------------------------------------------
MARINE CONSTRUCTION
WAGES(per hour)
10/01/94-
10/01/95-
9/30/95
9/30/96
Drill Boat:
Class A:
Engineer..........
$ 21.58
$ 22.35
Blaster...........
21.81
22.59
Driller...........
21.59
22.36
Class C:
Welder/Machinist..
21.42
22.18
Class D:
Oiler/Helper......
19.27
19.66
Deckhand..........
15.15
15.43
OVERTIME PAY: See ( B, E, P,
S ) on OVERTIME
PAGE attached.
HOLIDAY:
PAID: See ( 5, 6, 10, 15
) on HOLIDAY PAGE
attached.
OVERTIME: See ( 5, 6, 10,
15 ) on HOLIDAY
PAGE attached.
SUPPLEMENTAL BENEFITS: (per
hour worked)'
Class A
$ 4.63 plus
$ 4.63
plus
8% of wage
8% of
wage
Class C
$ 4.34 plus
$ 4.34
plus
8% of wage
8% of
wage
Class D
$ 4.06 plus
$ 4.06
plus
8% of wage
8% of
wage
Listed supplements apply to ALL classifications ( x )Yes ( )No. 4-25/3
•
•
CCM -=1 -I. --',NCE WITH T -c L430R UVN
AND OT'r.ER CE?ARTMENT OF LAJCR R==UL4TICNS
STA1 . _ - '! 4TICNS
1. Tie Ccntrccter s;.cl1 ccrnc!y with the ecclic=ale crcv;s;::rs cF tie "L�b_, I _•„"
as amended, or the Stc.e of New Ycr' . This Contract sh! b
cia void unless
ccelic=ale sections of said Lcbcr Lc -.v cre c=mclied with.
2. E_c.1 end eve: f prcv;sicn of lcw and clause required by low to be part of this
Contract shall be deemed' to be ;nc!uded herein and this Ccr.tract shall be recd
anal enforced as thcuch it were included herein, arid, if thrcuch'mere mistc:ce
or otherwise cry suc- prcv;s;cn is not ;nclu(iec, then uccn the ccolicct;er cF
either cc-ty hereto, the Ccntrce s-c!I fcrthw;*h be p-ys;c=lly amended
such inc!usicr..
Specifically, Secticn 2=0-e, c' the Labor Lew, as so cmcrided, prch;bits in
ccntrects, disc:;mincticn on ccccunt of race, creed, ccicr, or national oricin
in e.mplc),ment of citi=ens upon public works.
There may be deducted from the cmcunt payable to the Ccnt --ecr by the 0-wner
under this Ccntrce e penalty of five (55.00) collars for each person for era:
cele^car coy durir.c wnic^ sue- ce=.cn was circ: irsirete_ _:first or intir..idcte=
in vicict;cn or Sect;cn I C -e.; prcviced, that for a seccrc Cr any s
u -s e:,t e...nt
vicict;cn a the prcv;s;cns•oF said peracr , 'n, this Ccntract ..-cy be crr.cellec
or term;netec by the Owner and oil monies cue or to became cue here•_,ncer
mcy, be forfeited.
a. FE0E?.AL REGULATIONS
I. C_RTIFfCAT 1CN CF NCNSEGn_G-TES FACILITIES
By t:.e submiion of this bid, the b;dcc cffcrcr, cc_I;ccnt, or subccntr,.ctcr
certiFics that he cads not maintain or provide for HIS emcicyees any secre_::e-J
fcc;I;t;e: of cr.y of his estcbl;S, rmCnts, cnd.thct he does nct permit his erac!cye=
to per'cr..s their services at any Iodation, under his ecntroi, where se_rccctec
facilities ere maintained. He ccr*;Pies further that he will net mcinta;n or
provide for his em,r.Jayecs on se:reccted Facilities at any of his estcblishme^ts,
and that he will not PC -mit his erncloyecs to perform their serv;ces of any
loccticn, under this control, where secrcxtcd facilities cre mc;ntcincd.
The b;cccr, o"ercr, c;.ycl;ccnt, or subccntrectcr eared-, that e breach of 1h:s
ccrt;F;c=t;cn ;: c v;elct;cn of the Ecucl Ccecrtur.ity c!cuse in this ccr1rcc'-
A.: a -.cd in ccrt;fic=tion, the tern "Se �-e: *ec feciiities" me_.., any
we;tir.c recurs, wcrlc erect, rest rcerr:s enc wc:n roams, restaurant: and ether
eating areas, time clock's, Iccxer reams end ether ,Icreee or cre:s.ine ore=s,
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-1
time elec'xs, ledger r_cros enc etner storage or ciressir.r: erecs, pa -Mine
drinking fcuntcirn:, re_re=ticn or entcrtcin:rrent erecs, enc
hcusinc fcc*lit;es pr:v;de-cr er
for which ore se -M
reted by explicit
directive or ore in feet secrets_ tee on the bcsis of rcce, tree:, ccicr, or
rc ,
•;ercl ericir., beg=::se cf ncait, Ice=l este-r, cr ctherwise. He furt..er
ccrees thct (exc•-•' where he hcs c:,tair.ea identical ccrtific=`;cr.s fr_m
prcccse= su::cFar sce_iric time .er;cc:) he Ni!! cctcin idertic=!
certif)c=`;cr.s Fra... _ Ccsed prier to the c•.vcrc of su-ccntrcc`s
excee-inc S IC,cc, wi-ic: cr e nor exernct frcrn the . cv;sign: cf tae c_:.rcl
Opportunity cicuse; that he wail retain suca certificct;ors in his files; end
that he will fervor- the fcliewine nctice to such prcccsed subccntractors
(excect where the proccsed subccntractcrs hove subr..itted ;(ientieci
eertific=.;ens for sae:iFsc time periods):
2. N.OTICS TO FRCSF=l TIVS SuSCCNT:t.�C T O %S Cc R-CC11=:+- FC'
Cc-TiFiCATic•N5 C. NC::N 5EGi:.TiE? FAC:1L!T1E3
A ce.-tiiiccticn of Ncnsecrecctec Fccilitigs must be sub-mitcr;c. to the
cwcrd of c subccntrcct excee- ;Inc $ l0,000 whit.. is net exemct from the
provisions of the E_ucl Ccccrtuni.y c!cuse. The certif;call an may be
subm;tted either far ecca subcontract or For all subccrntrccts curing c
period (i.e., c•crterly, semicnnucIly, or cnnuclly).
NOTE: The rent(.; far mckinc fc!se statements in offer, is _ escr;bed in
18 U.S.C. 1001.
"Curii-c the rericr-.cnce cf this car,trcct, toe Ccntraecr c_re_s es fcilc.vs:
r-
(1) The ccntrcc.cr will ret ciscrirn;ncte cccinst any em;levee or cpcliccnt Far
ernployment beccuse of rcce, creed, color, or netioncl cric;n. The c=ntrcctcr
will take effimctive ecticn to ensure that cc?Iiacnts c: a e.mpleyed, cnd that
employees ere trected during employment, without rec=rd tc Iheir race, -gree:,
c --for, cr national oric;n. Suca ectien shell inelude,�but net be Iiraited to,
the Following: employment, upgrcd;nc, dernotien or t,-ansfer; recr.r;trrent or
reg: fitment cdvertisir.c; Icyoff or termirct;cr.; rotes of pcy cr other fcr- s of
ccmeenscticn; and selection for training, including c:cr_nticesnip. Tie -
ecntrcctcr ecrees to cast in cznspic::eus =leges, cvcife--le t- emplcyees end
accl;cants Far c.^..cicyr.;cnt, notices to Ce cv;de_ .y the*ccntrcctinc chic_,
setting icrth the prc.;sions of this ncnd;scrim;ncticn c!cuse.
(=) The ccntraecr will, in cli sel;c;tcticr.s or advertisements For enl-picyees
Placed by or on beac!f of the ccntrccter, state that ell cuel;f;ed ecplic_nt:
will receive ccnsidcrcticn fcr emplcyment without re__ra to race, c -cc:,
ccicr, or rcticr.cl cricin.`,
(:) Tie ccnt.-cc`cr will send to ccca Ic'-cr unicn cr cf worker.
with wnic7:,e hes e ca;lect;ve bcr�cinine cc. ecrnent or other car tree. or,
ur.der:tcndinc, a nctice to be providc� by the egeriey ecnrractinc ofricer,
advising the Icbcr union or workers' re-reserrtet;ve of the e=ntrecter's
ecrnmitments under Sect;cn 202 of Executive C?rder No. 11245 of September
214, 1965, end sball pest topics of the notice in cor:spicucus pieces eve;loble
to employees and cppliccnts for errrpicyment.
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-2
(=}, Time c=ntrcc4er91 c= -Cly with Oil pr=visicr:z of E%� "hive C"cec Ne. 1 i�'S
of Septess:=er 24, 196:, and of the rules, and reg.:Ictic-s, cnd relevant orae -s
of the Secretary of Lcb=r.
(`} The c=nt - - -
-cele will ;vr-i:n cIl inf..rr..elicr e -c racer'_ roc::;re cv c.;=cstive
Crder No. 1 1246 OF Secternber 24, 196 and =y lie rvie:, re •icticns, and
orders of the Secretc of Lcbcr, or cursucnt thereto, and will pet^i! ecce:: to
his beck:, re-ara:, crc ec_=vrts by the c=^beet;nc ccency enc the Secretary
OF Lcbcr for purpcses of investicclicn to escer'c;n cc -alienee wilh such rJle:,
reculcticns, and erccr:.
(c) in the event of the contractor's nenc=mpl;cnce with the ncnciscrirn;r.ct;cn
Clauses of this contract or with any of such rules, regulations, or orders,
this ear.lr=ct racy be c=nceled, te.-rninctec, or suspended in whole or in
part enc the canlrccicr racy be cec!cred ine!icible for furl e- Gaver-^ent
e=ntreats in ccc=rccnce with p-ccedures cut�:eri=ed in Executive Order Nc.
11245 of Septenoer 24, 1965, and such other send;ons may be imecsed enc
remedies ir.vcked c: prcv;ced in Executive Order No. 11246 of Secternber
241 1965, or by rule, reculcticn, or order c. the Secr.e!cr/ of Lcbcr, or
as otherwise prov;cec by low.
(7} The czntr--eor will inc!uce the prov;s;ens of Pcrcercchs (1) throuch (7 ;n
every subccntrcct or purcncze order unless exemcted by rules, regulations,
or order: of the Secretary of Lcbcr issued pursuant to Secticn 2Ci: of
Executive Cr --'e:- No. 112-1.6 of September 24, 1965, so that sues Yr=visicrs
wild be binding upon. ecce sub==n t..-cel=r or veneer. Tie c=ntrector will
take sues cc!ic� will re:cec! tci.ny subccntrcct or purc::cse order as the
c= -treating ccency r, -.c7 direct as, c rr.ecrs of enforcing such pr=vi:ienz,
including :cnc!iors fcr ncr.czrr-pl7cnce: Previced, he—ever, that in the
event the c=nlrccicr becomes invclved in, cr is threerened with, liticcticn
with a subc=ntrccicr or vendor as a result of such -direction by the c=nlreclinc
ccency, the c=ntract=r may reeue--t-thd Unite= States to enter into suc.�
litigation to pratest the interests OF the Unite= S:ctez."
FEDEP,AL FRCC--R EMF i Rzr-- TiCN3
En.UAL Cr-1C•R7UN1i'( IN EMPLOYMENT
1-12.EC'S-4 Re=crls cnd Cther Recuirec lnfer-.alien
(c) Recu;reme.nts for prime c=ntrectcrs and subc=ntrccicrs.
, , ,
(1) Eac ccency snc.i l require ecc:s prime c=ntrec.--r and ecce prime
1.cc-trccler enc subc-lr.trecicr ..cll c=use its :ubccr.tr=ctor: to file
annually, en er before !Acre^ .:i, cample!e and ecz;:rcte rc=en's
on Stcndcrc Fzmi 1CG (E='C-1) prcr-%ulceted ic;nt!y by the C'ff;c_
of Federci Crntrcc!'Ccme.licnce, the Equal F-acicyment Cpperturniiy
Cr-nmi::;on, enc Nen., for Procne:-, or on suc" form as may hereafter
be prcmulc=tec in its piece, if such prime ccntreeior or subc=ntrectcr
(i) is not exempt from the provisions of this Subpert 1-12.8 in
occardznce with 1-1Z.EC»; (1i) hes 50 or more emoleyees; (iii} is a
prime contrcecr or first-tier subczntrector; end
Civ) has a eontroct,
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-3
sub-cantr-cct, or purc4ase tree.- crr,evntine to S;0,000 or more, or
OF Gcverrment funds in c.^.y cmcur..
ser•+es cs c c=^^site:y •, or is c
fircncicl institution whit:. is on i:su;nc cnr pcv;r.c cent far lr'.S.
swine. _Cnc: enc :=vinC notes: Prcv;de=, Tinct, any subc=nt.—av .
below the first tier Wi ;ch perfcr..., c.rstrvc';cn wort ct the site _.
ccnstr�ct;cn sh til =e _ '
to file such a re, it it me.': t=
re_vire:nents in su..d;visicns (i), (i;), and (;v) of this
(a) M.
( ) Eech person recv;red by succcracraprs (1) of this perccrCph to subrsit
re=crts shell file sues a repert with the, c=ntrcct;r+c or admirs;srer-
ine ccency within 1-0 days after the cwerd to him of a c=nt-eat cr
subcontract, unless such pe.7scn hes submitte_ such c repert w;t;-in
12 months pre_ed;nc fhe dcte of the cwcrd. Subsevvent re=crts
s=ell be suhnitteC onnucily in cCCCrdCnce with subccracrc (1)
OF this Fcracrcph, or at such other intervals es the agency or the
Director may re=Dire. The ccency, with the cp=r=vcl of toe C;rectcr,
may extent the time for fil;nc any report.
P)The Directcr, the ccency, or the applicant, on their own moticns,
mc`/ recuire a prime ccntrcecr to keep enipieyment or other rec=rds
and to furni:h in the. form re=uested, within recscncbie limits, sues:
ir.fcr:-:cticn es the Director, ccency, or the ecpilc=-t tear -s;
necessary fcr toe cdministrcticn of the Crder.
(�) The failure to File t;meiy,'ccmclete, and cccurate reports, cs re-
cu;red, ccrs:titutes ncncv5pl7cnce with the prime czntrectcr's
a ' •' the ecuc 1
or subc=ntrcc.or s oclicc.icrs undo.- _ Ccper.unity c.cu:e
cnd is c cround for the imposition by the ccency, the Director,
on epol;c=nt, prime contractor or su6cantractor, of any sc-leicr.:
authorized by the Order cnd the re_ulctions in th;s subccrt; Any,
such fcilure shcil be rcperted in writing to the Director by the ec--cy
e: scan es precticC..fe offer it occ::r..
1 -12.EC:,.4: Reccrts cnd C'hcr Recuire_ lnfcr..^'-cn
b. Recu;rements fcr bidders cr pr:pective ccntrccters.
(1) E=ch ccency shell recuire e=ch bidder er pres=ect;ve c -n: --c'cr
and prcpcsed subc=ntrcc'cr, where epprcpr;cte, to -tcte in the bid or
et the cut.0 of necct;cticr.s for the ccnfrcct whether ;t he: c. -t1
c. pct C= ;n Qni rfC`/tCJS eCntfC .' Cr sl:Cccr.trect suolec' to the E_;;ci
CC Cr'unity c!cuse; cnd, ;f se, whethe.- it hes fillet with the cin:
Rcper'inc C=...-;'tc_, the r"�ircctcr, cn ccency, Cr t;.e force
Fres;cent's Ccmrr.!!.'ce on . --cl Emplcyr.-ant Cc_crtunity, cif re_cres
due under the cppliccble filing recuirernents. The statement shcii
be in the form of c represenicticn by the bidder or offerer sub-
stcnticlly as follows:
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-4
(c)
(c )
�.i b*1cccr (or oircr_r) rc= z::nr:::�c, �( ) Ra:� ( i•=.
Sub : : eat to
Mott Fc:'iciFat:c in c prcvicu: cc^::c- cr c=n roc :u..it;
the - • ` t e ' 'Se ct�;;:e Cricine. c=n-
=uci C=pceuni,y, c1cus r.crsir., �Y
teinec in section 1-01 or' =xe=utive Crcer No. 1109:.5, or toe cause
e=ntcine= in section 201 ci E:cecutiv: Crcer lvc. 11114; tt ... ne
( ) hc:, ( )hes nct, ;sie: cil r'^uir e : c=mciic-ce re=Cr.s;
repres.-tctic^s incicctinc subnissicn cF recuire_ _a piicn=e
si:-ea cy p -. ==== soba:-irc:`ars .iii ce c_ C:neb .ri_.
ccnt:act =ave su_r....•_=
in c: rt r.e:tic.. witi crntrcc% or Su•wi iCi are exernpr Fr=m
C.CL•Se
Wizen c cider or cFFercr Falls to execute the re=re:entatic-, the
cmissicn S"—CH be __mice. ec a miner inFCrmcilty enc tie biccer Cr
•eFFercr shall be perm►tte: to sctisFy the recuirensent Friar to cwer_-.
(.) In eny case in which e biccer or pres^eeive prime cc....ccta. or
rr=__sec su::ccntr=tor, wn i c ;C __ in c Prev
cr c=ntrcct subiect tc Cxe=Five C•rc_rs Ne. 1092_'=, 1 1 1=, _.
no., Fi'rec c revert cue un ser tine c==lic_cIe iiinc
recutrement:, no cant.-=ct cr subccn.ract siall be ewcrcec, unless
such can;:=ctor Sub—R.— c rc=ort ccvcrinc the celincucnt cerlcc cr
such cher pericc specified by ;he ccency or the Cirectcr.
(Z) A biccer or Fres-ective prime c:=ntr=ctc, or prc_csec subccnt,-cctc•
shc!! be re_: ire to submit suc'- inFcrncticr. es the ecency or thle
Directcr recuests prior to the ew _ F' the act l ac'.
cr^ o cant:^ or su_c=ntr^
c c=ter-inction nos beet mace to cwcrc the centr_ct or sub-
c=r.tr_ct tc a specir;c ccntrcctc-, suc:: c=r,t:cctcr shall be're_.:ired,
Prior :c c �crc, cr cFter the c•�cr =, cr bcrh, to Furnish suc- ether
ini'cr-:cticn cs
he ccency, the cpplic�-t, or t:.e Girea'cr recuest:.
U-.e:or Reports.
Reaerts filed pur:ucn., to this 1-12.805 =shall be use-: er,ly in ecnnec'icn
wins tie coministraticn of the C-rder, the Civil Rsic.'s Act CF 1,754, cr !.I
furtherance of Nhe purposes CF tie Crc_r cnc scic r:c`.
Ac_uisiticn CF Repan
Stcncc, c :--crm 100 is cvci lcole in e! l G ."-
�„ succly cepcts. Copies CF ." --e
far:- rncy be obtcinec From GSA tl;r=uch the ecntrcc`inc or cd^ini::cr,.
ec_nc; . Tie stock nur..ser Fcr the Form is c: Fe11e�Ys:
c._
For- No. S,cc Num_er
Title
100 7 0
=~0- _
="=5-�' `t? :,-,;c1 e.^.c(cyment cFFortunity
ernaloyer ir.Fcrmction report.
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-5
i-I2.S4 FRCCUr.ZME. 17 5TAN C.; n�S
A. All Ccntrccts and Subcr ^t: fcr ccns:ve.`icr. cr repair s:.clJ
incluc� c prcv;s;cn far c_. piicnce wv:n .::e C=pelcnd "Anti-
K;c!< __c'<" ,"-.e U. E7=) c. sue;i_r-entec ir, Ce=crtm_n:
cf Lc-cr ie_vlet;cn: (=9 C=.., Pa.. -1). T" -.;t Act prcv;des thct
enc.. Cc-:t:..ctcr cr Sub_ -_ret.- .:•cii _e chi;,itea fr�m ;rc:.-ir.g,
by
or:"* me_n:, any per:cn errcievec in toe c--strvcticn,
ccmpleticn, or repair cf pu'zl;c wcr-c, to give up any ctrl of
the c=.-enscncn to wh;c.: he is et-er..;se entitlea. The Grc-tee
S-:.
ell repart all susmeclec or re=ortec v;cictiens to the Grantc.-
Acency.
9.
Where cpplic='le, oil Contract: cwcrc_c by Grcntees c,-i--Suc-
cr_ntee_ in excess cf S2,CCC for ca .•tn;cticri cant. cls cr._ ir.
exclz= S2,_50C for ct:.er cc::trees wnicc: involve the em-
plcyment of c.e_ncn;cs cr Ie'crers shcff include c prcvisicn
for ccmclicnce with Sections 1C:, and 107 of the Contract
WcrlC .curs and Scfety Stcncards Act (=v U.S.C. 327-220)
as succleme^te= by Cercrtrnent cf La'--cr Recvlcticrs (29 C'FR'
Part 5). Unger Section 1C3 of the Act, etch Centrccter s::c!I
be re:v;reg to ccmcute the wages of every mechcnic cnc
lcbc.rer on the ccsis of c stcndcrd work coy or S hcurs and c
stcncc-c Ncrc week of 40 hcurs. Wcr!< in ext s of the stcncg.-c
wcriCccy Cr wcrkweel< is permissible prcvidec thct the wcri er
is ccr..oensctec at c rate of net less than 1-1/2 times the aclic
rate of pay for oil 'recurs wcr,<ec in excess cf c hours in any
cclendcr day or 40 hours in the worst week. Section 107 of
the Act is epclicab'ie to ccr:structicn work and provides that
no lc'ere.- or mec:.enic shall be rectiirec to work in surrcunc;ng:
or uncer working ccnditiens whit='s are unsanitary, hczcrcous,
or ecnce.-cus to his he-Ith and scfety c: datermjned under
ccnstructicn, safety, and hecith stcndcrds pramulcated 'ry the
Sec. tory of
L=1 cr. These recvirernents cc not apply to the
purc:.c:e: of :uc=!;e. cr meter.cls ic!e: c,cir.c:ily c'Ci ice
en the ecen mcr!.et, cr ccr.trccts far t-_.. `cticn or
c; intelli,cnce.
C. - =CC cwcrded y a
cat': Contract of cr, c-scur,t .n excess et `=, b
Grcntce or Subgrcnte shell prcv;dc that the rec;p;ent w;ll
ccnpiy with aaplicccle r (ct;ar.s and stcncc._. of the Cast
Liv;ng Counc;I in c:tcbi;shinc. wcncs cnc ccs. The prvi:icn
s�c'I cd,i:c t,.c rcccicn. that sub..,s:icn cr aid or cffer cr t -
su�mi: tel of cm ;r.vc;c- or vcucer for p =e -'v, cccc:, or
iia_. fvr ^c. vnc�. a c_-trac' cr _ _-., ent with t! e Grcn4ee
sc(I cch::itute c c_rt;ficctian -y ,tim that c. -curets to be ccic
co net exccec max;murn allo'•Ycbie levels cu:eric_c by the Gst
of Living Counc;l rc_ulct;cns or stcnccrc;. Violctians shall be
rcncrtec to the Grcnter Ac:ency and the icc_I internal Revenue
Se -vice fir(t{ aFr;ee.
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-6
D, Ccntrce-,'cnc Subnrcnt: cf cmcunts ir. c -cat: of 51:.O,CC
.-..oil c=ntcin e prcvisicr. wnic- re"uir:; the recipient to
ccrce to c=reply with all c:.plic=ile cr-er;, cr
reculeticr.s issue- pur:uent to the Clean Air :,ct c 1970
Vlcicticn: s::ell be re..crtea tc the Gran c. ACS^ey ani tie
Recicrci CF.ice '-.e =.c'e: ic- ce-c;r.
E. C�nt.-acts s:.cil c=ntc.n suc= c=ntrcc'uci =visicr.s cr
cc..citicrs which will cilcw fcr ccmir.istrc:ive, ccntractuci
or legal reme-ies in instcncet where ccntrcctcrs vicicte or
brecch c=ntracts tcrr;s, cna ovice Fc., suc:. sencticns cnc
pencities cs mcy be cperopricte.
F. All c:ntrces, cncunts for wnicn ore in excess of S2, -'CC,
shcll ccntcin suitcble provision..- for ter-incticn by the*
c-cntee inclucinc the ...cnne. by -,vhich it will be effec-ec
cnc the basis for settlement. in ecciticn, such eentrccts
shcll describe conciticns uncer which the cgr.trac' r..cv be
terminate- for defcult cs well cs conditions where toe
cantrcct r..cy be.ternircte- because cf circ rr..stcnces be;/and
the central of the contrccter.
C In of[ centr=es- fcr corstructicn or Fcciiity irnorcvement
c•wcrcec in excess of S 100,CC0, crcntees shcll observe the
bcncir.c req;;irement: provide- in Arrccmmenr B to this
Cir";ic..
H. All ccmtract: cnc,,:ubc.cnts in excess of S10,C'0 shcll ir.-
clude prcvisions For ccnplicnce with Exec;rtive Crcer Ne.
11245, entitle-, "Eccucl Employment Cppertunity," cs.
supplemented in Depertment of Lcber Recu-ieticns (41 C=i,
port 60). E=ch ccntrcctor or subcrcntee shcll be required to
hcve cn cffirmetive ccticn plan which decicres that it Coes
nct cisc-irnincte on the bcsis of race, talc. , religion, a-ee-,
ncticr.cl -ricin, sex, end ace and wnicn srecifies aces c. -%c
tc._et dat:s to _ ,ure tf e implernentcticn of thct plcn. The
crcntee shcll estcblish rroce_ures to essure canp17cnce with
require.^cr;c b;, co....gct=.. or su:,.,cr_-tees cnc to essure
that su:pecte- or r_=crte- vieictions are Promptly invesriccte-.
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-7
CCM°LIANCS Wli-=00VISION5 CF T "c L" SCR L -'W
P'ursucnt to Article 2 of the LcL_w, the ccntrcctcr's ctte-t;cn is cirecte_ t,
the follcw;nc recuirernents:
1. Section 2:C.2 whit:- re=vires e stipuic:icn thct no Ic;;crer; work-_.. or .mec cnic
in the emcicy of the contract=.-, subc=.sotto. or ct;
!
That there mc,/ be decuctec Erc.,, the cmcur.t —.- ycble tc the e-ntrcetc. �v tae
Stcte or municicclity unccr this c=r.trcc' .. penclty of fi.e ccllc-; fpr e^c..
ee!end:=. cev cur:. _ whit- suc= tersen wct or irri-.__•._
in vicicticn. of :-e gvis:cr:s C. :::c c� •.•�= '
(d} 'that this tenure' ... . be ccncn!lcc c tcrrnir.c:ec ::/ e Sate _. r'vn'C:-=!-
ity, enc a!I mcneys Cu- or to -eccme CJc hereunder rnav ce forfe:tec,
se_cnd or cny subsecuent vicicticn of the terms or c=ndit:cns of this se^;icn
OF the ccntrcct.
b. The eforescid previsions of Section 220-e wnic'+ ccverz every ccntrcct for or on
behe!f of the State or municipc!ity For the mcnufccture, scle cr dis:riburicn of
rrc.,eric!s, ecti itm_nt or supplies shell be limited to ecercticr.s perf�r with...
the territcricl limits of t_ Stc:e of New Ycric.
i. Se-:icn 222 wnic.z recuires thct creference in employment s=ail be c:ver to cit;-
ze^s of t,he Stc:e cf New York who have been residents for at le.s: six cor.sec_:iv•
mcnths irnmecictel;-e pr:cr to the cr-mm.ence.-ment of their vncicyrnent; thct perzcns
other then c:ti=ens or toe State of Newr
Ycr.c mc), be er-p(ayea when suet citizens
ore net avcilcble; cnd that if the requirements of Section 222 ccncernir.c prefer-
ence in employment to citizens of the Stcte of New York ore not ccm=lied wit:.,
the ccr.iract shell �e vcid.
8. Section, 222-- -meal re=wires t. -c- if in the ccrstricticn, of the public work c
harmful dust is crectec rcr which c=clicnces cc rn'dthcds for the eli.nir.ct-
ticn of hcr::iful dust he=crc iz cra=ted for wnich ecplfences or methods for the
elimincticn of hrm. ul dust hove bben cccroved Cy the Becrd of Stcrldard
Apcec!s, such cpplicnces or methods shell be instcllec cnd mcintcined cnd
effectively opercte= by the contractor; cnd that if the prcvisicrs of Section
222 concerning hcrmful dust he=cres ore not ccmpliec with, the ccntr=ct
shell be void.
CTr.E R R EC U I R Ei',A E N T S
Eve:-'/ S:c:e ccrltrcctinc ccency, irc!udi. _Public cut!,crities, must inc!uc_ in eats teniae
perac -.hs (c) through (c) of the S:cnccrd State ccntrcct cicuses prcmu!__t_d _y the Gcver.._.
on Septan' --e 12, 19-4:; cnd trended Ncverber 1A, 196-1.
Labor e!css!F7c=t7cns not eepecr:nc on the atterpcnyinc sehecule of weeps ren be uses cr,l.
with :he consent of the depart. -tent cf juriscic:icn cnd then the rate to oe ^cit wi!l be given
Try the deper:ment of juriscicticr. cater bein5 advisee by the New Ycr!c State Cencrtment
Lcbcr.
int ccn:rctg, ;i-c!I rei:e .uc� ...osis:cn d. s'- bene'•:ts, wc:-;rncr's __. _..tetter
veer _ic,�,-tc-t ir.;urcnc^, secicl^se_:rity on,-; ,.:e!y ecce provi;ier.s es ere rec;recby low.
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-9
-__- •rte-: __.-. .. ___...--._- _._-..�-.cr:-tj�i'1'bi'd� - _.: :"•... _. __
Genercl• R—:vlcticn Ne. 1, es i=ue_ cy t�' S`ct= Ccr-..mi:.icr For ,;r cn "ic�t:, r. r;•
thc! ecce e=ntree' c_^'c.r. c sticuictic .the`: "lt is here -y cc -e cv enc _e:• -Ween •ue -
PCrnes hercte t;:c.' eve-ry ccrtrcc'c. crc SL: ccntrcc'or enccc__ in the _ oiic werx ce:cr.ce_
ir.
this e=^tree' s -ell post enc rr:cir.tcir. c.' eco- of his -!-.'C= I Is.-.m.cnts _nc ct ell icc_. ct
wi ic.s the public work cesc-•cec here:;ncar is 'eine ccncuctec, the Nctic_ ci t=_ Stcte
Ccrnmissicn for Hurnen Richts ir.cic_.`ine the substcntive provisions ci' the L -w Acc nst
Discriminetien, where co.=ieints mc-, be file=, cnc ether peminent ir.;err-etic-. Suc=
t
Notice si:cll be pestec _•
in eSiiy cccessible cnc well lichtec cicces curtomcrifv frecJente^
Lry emplcyeez enc c=�liconts Fc.- erpIcynent." the Notice mc-,, be ebtcinec ire- ,;;e
de_crtr-cnt ncvine juriscicticn, or From the c: ice of Hie Stete Car..missicn Fc.- nur..cn Ric=t:
in the rescecti•.e crec.
You c-_ recueste- to re er to t:,e Burecu of Public Werk oil comer -es of disc-iminctien in
emplcynent inclucirc c'.c-imir.ction 'cec=use ct ece, rccc, cre c:icr cr ncticrci cri= n
REPLACEMENT OF BRUSHES CREEK BRIDGE
M-10
0 •
NON-DISCRIMINATION CLAUSE
During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, or national origin, and will rake
affirmative action to insure that they are afforded equal employment opportunities
without discrimination because of race, creed, color, or national origin. Such action
shall be taken with reference, but not limited to: recruitment, employment, job
assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates
of pay or other forms of compensation, and selection for training or retraining,
including apprenticeship and on-the-job training.
b. The contractor will send to each labor union or representative of workers with which
ne has or is bound by a collective bargaining or other agreement or understanding,
a notice, to be provided by the Commission of Human Rights, advising such labor
union or representative of the Contractor's agreement under clauses "a." through
"h." hereinafter called "non-discrimination clauses", and requesting such labor union
or representative to agree in writing, whether in such collective bargaining or other
agreement or understanding or otherwise, that such labor union or representative
will not discriminate against any member or applicant for membership because of
race, creed, color, or national origin, and will rake affirmative action to insure that
they are afforded equal membership opportunities without discrimination because
of race, creed, color, or national origin. Such action shall be taken with reference,
but not be limited to: recruitment, employment, job assignment, promotion,
upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of
compensation, and selection for training or retraining including apprenticeship and
on-the-job training. Such notice shall be given by the Contractor, and such written
agreement shall be made by such labor union or representative, prior to the
commencement of performances of this contract. If such a labor union or union
representative fails or refuses so to agree in writing, the Contractor shall promptly
notify the Commission for Human Rights of such failure or refusal.
C. The Contractor will post and keep posted in conspicuous places, available to
employee and applicants for employment, notices to be provided by the Commission
for Human Rights setting forth the substance of the provision of clauses "a." and "b."
and such provisions of the State's Laws against discrimination as the Commission
for Human Rights shall determine.
d. The Contractor will state, in, all solicitations or advertisements for employees placed
by or on behalf of the Contractor, that all qualified applicants will be afforded equal
employment opportunities without discrimination because of race, creed, color, or
national origin.
REPLACEMENT OF BRUSHES CREEK BRIDGE
N-1
0 •
e. The Contractor will comply with the prevision of Sections 291-229 of the Executive
Law and the Civil Rights Law, will furnish all information and reports deemed
necessary by the Commission for Human Rights under these non-discrimination
clauses as such sections of the Executive Law and will, permit access to his books,
records, and accounts by the Commission for Human Rights, and Owner
representatives/counsel for the purposes of investigation to ascertain compliance
with these non-discrimination clauses and such sections of the Executive Law and
Civil Rights Law.
This Contract may be forthwith canceled, terminated, or suspended in whole or in
part, by the contracting agency upon the basis of a finding made by the Commission
of Human Rights that the Contractor has not complied with these non-discrimination
clauses, and the Contractor may be declared ineligible for future contracts made by
or on behalf of the Owner/Contracting Agency until he satisfied the Commission for
Human Rights that he has established and is carrying out a program in conformity
with the provisions of these non-discrimination clauses. Such finding shall be made
by the Commission for Human Rights after conciliation efforts by the Commission
have failed to achieve compliance with these non-discrimination clauses and after
a verified complaint has been filed with the Commission, notice thereof has been
given to the Contractor and an opportunity has been afforded him to be heard
publicly before three members on the Commission. Such sanctions may be
imposed and remedies otherwise provided by law.
g. If this Contract is canceled or terminated under clause 'T" , in addition to other rights
of the Owner provided in this contract upon its breach by the Contractor, the
Contractor will hold the Owner Harmless against any additional expenses or costs
incurred by the Owner in completing the work or in purchasing the services, material
equipment, or supplies contemplated by this contract, and the Owner may withhold
payments from the contractor in an amount sufficient for this purpose and recourse
may be had against the surety on the performance bond if necessary.
h. The Contractor will include the provisions of clauses "a.", through "g." in every
subcontract or purchase order in such a manner that such provisions will be binding
upon each subcontractor or vendor as to operations to be performed within
jurisdictional local of the Project being contracted by the Owner. The Contractor will
take such action in enforcing such provisions of such subcontract or purchase as
the Owner/Contracting Agency may direct, including sanctions or remedies for non-
compliance. If the Contractor becomes involved in or is threatened with litigation
with a sub -contractor or vendor as a result of such direction by the Contraction
Agency/ Owner, the Contractor shall promptly so notify the Owner's representatives/
counsel, request him to intervene and protect the interests of the Owner
(Contracting Agency's jurisdictional area).
REPLACEMENT OF BRUSHES CREEK BRIDGE
N-2
GENERAL CONDITIONS
A. The contractor shall supply all labor, materials, equipment and services necessary
or required -to complete the work. The contractor shall fully familiarize himself with
existing site conditions. The locations of all underground utilities shall be verified
prior to commencing work. Damage to existing utilities shall be repaired at the
contractors expense.
B. The contractor may store his materials and equipment on the work site but the Town
of Southold will not be responsible for damage or theft of same.
C. In the event that anything reasonable, necessary or proper for the complete
performance of the work to produce a first class finished job, has not been
described in these specifications clearly, through oversight or palpable error, the
contractor shall, notwithstanding, execute and provide all omitted works and things
as if they were severally described, without extra charge and to the satisfaction of
the Town's authorized representatives.
D. The contractor shall be responsible for all construction facilities and temporary
controls. These items would include all temporary electric, heat, telephone, water
and sanitary facilities. Barricades shall be provided around all hazardous areas
during construction and shall be maintained and lighted in accordance with all State
and Local Code requirements.
E. The contractor may submit substitutions for products specified herein, where such
substitutions are allowed. Requests for substitutions shall be submitted with
complete data necessary to substantiate compliance with the contract documents.
All substitutions shall be approved in writing prior to being ordered, fabricated or
incorporated into the work. No claims for additional costs related to substitutions
will be allowed.
F. The contractor is specifically advised that he shall be responsible for on-site safety
in regard to his area of work and shall indemnify and hold harmless the Town of
Southold and the Architect from any and all claims resulting from on-site accidents
or safety conditions.
G. The contractor shall be responsible for cleaning all work related debris generated
during this project in a timely fashion. All brush & debris generated at this site shall
be deposited by the contractor at the Southold Town Collection Center at NO COST.
REPLACEMENT OF BRUSHES CREEK BRIDGE
Page 1
0 0
PROJECT REQUIREMENTS & GUIDELINES
# 1. GENERAL PROJECT DESCRIPTION: The existing concrete & steel bridge system
spanning Brushes Creek shall be removed. A new Structural Plate Box Culvert,
model # 44C, as Mfg. by CONTECH Construction Products will be supplied by the
Town and shall be installed by the contractor.
# 2. CONSTRUCTION SCHEDULE / TIME FRAME: The above referenced construction
shall take place in the spring of 1996 between April 15 & May15. The contractor
shall be responsible for all scheduling & preparation work necessary to complete
this project in a timely manner. The Town of Southold will authorize the closing of
Peconic Bay Boulevard for a Maximum Period of ten (10) working days. Failure to
comply with this requirement will result in compensation to the Town of Southold in
the amount of five hundred dollars ($ 500) per day for every day beyond the time
limit allowed. The actual closure dates will be coordinated with the Town by the
contractor prior to start of construction.
# 3. CONSTRUCTION SIGNS & TRAFFIC CONTROL: The contractor shall be
responsible for supplying and maintaining all caution and construction signs required
for this project. This signs shall include but not be limited to "BRIDGE CLOSED",
"NO THROUGH TRAFFIC", "LOCAL TRAFFIC ONLY" signs located where Bray
Ave. (to the east) and Laurel Ave. (to the west) intersect with Peconic Bay
Boulevard. Caution, Construction, Men Working and Road Closed signs will be
required at 200' intervals on both sides of the bridge for a minimum distance of
1,000' away from the construction site. The contractor shall also provide flashing
lights and tactile warning devices at the construction site during the evening hours.
# 4. PERMITS: A copy of the DEC Permit shall be attached to this "RFP". All
construction requirements listed in the permit shall be considered a requisite of this
project. The contractor shall coordinate all DEC requirements with the Town
Engineer prior to construction.
# 5. ASSEMBLY OF THE BOX CULVERT: The contractor shall be responsible for the
assembly of the Structural Plate Box Culvert. The culvert will be supplied by the
Town of Southold and shall be unit # 44C as Mfg. by Contech Construction
Products, Inc. The overall dimensions of this unit are 19'-5" wide x 6-11" high x
30'-0" long and has a full invert. The box culvert shall be assembled by the
contractor in the north east corner of the Mattituck Park District property located on
Peconic Bay Boulevard, approximately 1.4 miles east of the construction site. The
contractor shall be responsible for the transportation of the assembled culvert to the
construction site.
REPLACEMENT OF BRUSHES CREEK BRIDGE
Page 2
• 0
# 6. REMOVAL OF THE EXISTING BRIDGE: The contractor shall be responsiblefor
the dismantling and removal of the existing bridge. All guard rails, steel girders,
concrete decking, the westerly concrete abutment and all wooden bulkhead material
located within the limits of construction shall be removed by the contractor. All
debris generated from this project can be disposed of by the contractor at the Town
Collection Center on County Rte. 48 in Cutchogue at NO COST. The contractor
shall be responsible for all trucking, loading & hauling operations.
# 7. EXISTING UTILITIES: The gas main shall be disconnected by the Long Island
Lighting Company for the duration of this project. The water main shall remain in
service during construction. The contractor shall be responsible for providing all
temporary supports and safeguards to prevent damage during construction.
# 8. UNCLASSIFIED EXCAVATION: The contractor shall be required to set a bench
mark to establish the grade of the existing bridge surface as elevation 0+00. Once
the bridge has been removed, the creek bottom shall be excavated to an elevation
of minus (-) 10'-6". The dredged area shall be of sufficient area to allow for
placement of the new culvert. All dredge spoil shall be removed and disposed of
at an approved upland site.
# 9. PREPARATION OF THE CREEK BOTTOM: A system of HDPE Geogrid and a
non -woven Geotextile shall be placed on the creek bottom over the entire area to
be covered by the new culvert invert. (Note: verify the exact location of the new
culvert with the Town Engineer prior to setting fabric.) A backfill material consisting
of clean gravel shall be placed over the fabric and leveled to an elevation of minus
(-) 9'-6". (approximately 12" thick) (Note: The geogrid and Geotextile shall stop just
short of both culvert ends to allow for the installation of the toe walls and headwalls.)
Samples of all proposed HDPE materials shall be submitted to the Town Engineer
for approval.
#10. PLACEMENT & INSTALLATION OF THE NEW BOX CULVERT: The contractor
shall be responsible for all procedures, controls and equipment necessary for the
propper placement & alignment of the new culvert. All headwalls & wing panels
shall be installed as per mfg's specifications.
#11. BACKFILLING: The contractor shall provide a continuous layer of non -woven
geotextile fabric over all culvert surfaces prior to backfilling. (Trevira Spunbound -
Type 1135 or equal) The entire structure shall be backfilled with clean sand &
gravel and shall be compacted in twelve (12") inch uniform lifts on both sides of the
new structure.
REPLACEMENT OF BRUSHES CREEK BRIDGE
Page 3
• 0
#12. LILCO GAS MAIN: The contractor shall be responsible for the installation of a 40'
length of 8" diameter steel pipe to be used as a casing sleeve for the new gas main.
LILCO will supply the pipe. This 40' length of pipe shall be installed on top of the
new culvert in line with the existing gas main and parallel to the existing profile of
the road. The backfill material shall be completely consolidated around the pipe
sleeve to prevent settlement or movement of the pipe. LILCO will re -connect the
gas main through the sleeve prior to construction of the road surface.
#13. PATCHING & REPAIRING EXISTING BULKHEAD: The contractor shall be
responsible for extending the existing bulkheads on the south side of the new
culvert. The bulkhead extensions shall butt evenly to the face of the new headwall
and shall have a continuous layer of filter fabric between the bulkhead & the
headwall.
#14. ROAD CONSTRUCTION: Once the backfill material has been properly
consolidated & compacted the contractor shall construct the asphalt road surface.
Existing pavement edges shall be saw cut and rough grading shall be such that the
final pavement surface will have a uniform and even transition between new and
existing pavement. The surface of the new pavement shall have a 3" crown and an
elevation of 0+00 as set by the job site bench mark. This road surface shall meet
the minimum requirements of the Town highway specifications and shall consist of
the following three items. 1) A four (4") inch compacted lift of 3/4" stone blend
base. 2) A two & one half (2 1/2") inch lift of asphalt binder course. 3) A one & one
half (1 1/2") inch lift of asphalt wearing course.
#15. GUARD RAILS: The contractor shall be responsible for supplying & installing of one
hundred twenty (120') lineal feet of metal guard rail. (sixty feet on either side of the
road and centered on the new culvert) The new guard rail, installation details and
location of the rail shall be subject to the Town Engineers approval.
REPLACEMENT OF BRUSHES CREEK BRIDGE
Page 4
•
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NIWK STATE DEPARTMENT OF ENVIRONMENTAL CONS•TION
DEC PERMIT NUMBER EFFECTIVE DATE
1-4738-01090/00001-0 May 3 1995
FACILITY/PROGRAM NUMBER(S) p E ' T EXPIRATION DATE(S)
Under the Envirnnnenta( May 31, 1998
Conservation Law
TYPE OF PERMIT I New 0 Renewal 0 Modification 0 Permit to Construct ❑ Permit to Operate
I
Article 15, Title 5: Protection I 6NYCRR 608: Water Quality 0 Article 27, Title 7; 6NYCRR 360:
of Waters Certification Solid Waste Management
0 Article 15, Title 15: Water 0 Article 17, Titles 7, 8: SPDES 0 Article 27, Title 9; 6NYCRR 373:
Supply Hazardous Waste Management
0 Article 19: Air Pollution
0 Article 15, Title 15: Water Control 0 Article 34: Coastal Erosion
Transport Management
0 Article 23, Title 27: Mined Land
0 Article 15, Title 15: Long Reclamation 0 Article 36: Floodplain
Island Wells Management
0 Article 24: Freshwater Wetlands
0 Article 15, Title 27: Wild, 0 Articles 1, 3, 17, 19, 27, 37;
Scenic and Recreational Rivers ■ Article 25: Tidal Wetlands 6NYCRR 380: Radiation Control
❑ Other -
PERMIT ISSUED TO
TELEPHONE NUMBER
Town of Southold
ADDRESS OF PERMITTEE
Town Hall - Main Road
Southold NY 11971
CONTACT PERSON FOR PERMITTED WORK
TELEPHONE NUMBER
Same as Permittee
NAME AND ADDRESS OF PROJECT/FACILITY
Brushes Creek Bridge
Peconic Say Blvd.
LOCATION OF PROJECT/FACILITY
Southold
COUNTY
TOWN
WATERCOURSE
NYTM COORDINATES
Suffolk
Southold
Brushes Creek
CESMIPTICN CF All VMIZ® X71VITY
Remove existing bridge and replace with culvert. Place 200 cubic yards of clean fill. All work shall be in accordance
with the attached NYSDEC approved plan dated 5/2/95.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the
ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of
this permit.
DEPUTY REGIONAL PERMIT ADMINISTRA- ADDRESS
TOR:
George W. Hammarth Bldg. 40, SUNY, Room 219, Stony Brook, NY 11790-2356
AUTHORIZED SIGNATURE � DATE
l n�.��rsG✓v May 3, 1995 Page 1 of 6
..-.._, wuI 11U4JI
Inspectibns 0 •
1. The permitted site or facility, including relevant records, is subject to in-
spection at reasonable hours .and intervals by an authorized representative of
the Department of Envirom-ental Conservation (the Department) to determine
whether the permittee is coTplying with this permit and the ECL. Such represen-
tat ive mm order the v%ork suspended pursuant to ECL 71-0301 and SOPA 401(3) . A
copy of this permit, including all referenced maps, drawings and special
coed i t i ons, rrus t be ava i I ab I e for i nspect i on by the Depa rtment at a I I t irms at
the project site. Failure to produce a copy of the permit upon request by a
Department representative is a violation of this permit.
Permit Changes and Pene+ne I s
2. The Department reserves the right to modify, suspend or revoke this permit when:
a) the supe of the permitted activity is exceeded or a violation of any
condition of the permit or provisions of the ECL and pertinent regula-
tions is found;
b) the permit ms obtained by misrepresentation or failure to disclose
relevant facts;
c) neN rraterial information is discovered; or
d) environ ental conditions, relevant technology, or applicable law or
regulation have materially changed since the permit vies issued.
3. The permittee rrust sutrnit a separate written application to the Department for
renewal, modification or transfer of this permit. Such application must include
any forms, fees or suppleTental information the Department requires. Any
renewal, modification or transfer granted by the Department must be in writing.
4. The pe mnittee must sutmit a renewal application at least:
a) 180 days before expiration of. permits for State Pollutant Discharge
Elimination System (SFCES) , Hazardous Vlhste Ntnage Tient Fac i I i t i es
(F'Vff) , ma j or Ai a Po I I ut i on Cont ro I (APC) and So I i d V1hste NtnageTant
Fac iIities (S/VVF); and
b) 30 days before expiration of all other permit types.
5. Unless expressly provided for by the Department, issuance of this permit does
not modify, supersede or rescind any order or determination perviously issued by
the Department or any of the terms, conditions or requireTents contained in such
order or determination.
Other Legal Cbligations of Permittee
6. The permittee has accepted expressly, by the execution of the application, the
full legal responsibility for all damages, direct or indirect, of whatever
nature and by Wxrrever suffered, arising out of the project described in this
permit and has agreed to indem ify and save harmless the State frau suits,
actions, damages and costs of every name and description resulting from this
project.
7. This permit does not convey to the permittee any right to trespass upon the
lands or interfere with the riparian rights of others in order to perform the
permitted v�ork nor does it authorize the impairment of any rights, title, or
interest in real or personal property held or vested in a person not a party to
the permit.
8. The permittee is responsible for obtaining any other permits, approvals, lands,
easeTents and rights-of-wey that rrey be required for this project.
Page 2of6
�)S-20-ba 0
•
(7i97) -25c
ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34
and 6 NYCRR Part 608 ( Tidal Wetland )
9 That if future operations by the State of New York require an al-
other environmentally deleterious materials associated with the
teration in the position of the structure or work herein authorized, or
project.
if, in the opinion of the Department of Environmental Conservation
13
Any material dredged in the prosecution of the work herein permitted
it shall cause unreasonable obstruction to the free navigation of said
shall be removed evenly, without leaving large refuse piles, ridges across
waters or flood flows or endanger the health, safety or welfare of
the bed of a waterway or floodplain or deep holes that may have a
the people of the State, or cause loss or destruction of the natural
tendency to cause damage to navigable channels or to the banks of
resources of the State, the owner may be ordered by the Department to
a waterway.
remove or alter the structural work, obstructions. or hazards caused
thereby without: expense to the State, and if, upon the expiration or
14
There shall be no unreasonable interference with navigation by the work
revocation of this permit, the structure, fill, excavation, or other
herein authorized.
modification of the watercourse hereby authorized shall not be com-
15
If upon the expiration or revocation of this permit, the project hereby
pfeted, the owners, shall, without expense to the State, and to such
authorized has not been completed, the applicant shall, without expense
extent and in such time and manner as the Department of Environmental
to the State, and to such extent and in such time and manner as the
Conservation may require, remove all or any portion of the uncompleted
Department of Environmental Conservation may require, remove all or
structure or fill and restore to its former condition the navigable
any portion of the uncompleted structure or fill and restore the site
and flood capacity of the watercourse. No claim shall be made against
to its former condition. No claim shall be made against the State of
the State of New York on account of any such removal or alteration.
New York on account of any such removal or alteration.
10 That the State of New York shall in no case be liable for ani• damage
16
If granted under 6 NYCRR Part 608, the NYS Department of Environ -
or injury to the structure or work herein authorized which may be caused
mental Conservation hereby certifies that the subject project will not
by or result from future operations undertaken by the State for the
contravene effluent limitations or other limitations or standards under
conservation or improvement of navigation, or for other purposes, and
Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977
no claim or right to compensation shall accrue from any such damage.
(PL 95-217) provided that all of the conditions listed herein are met.
11 Granting of this permit does not relieve the applicant of the responsi-
17
All activities authorized by this permit must be in strict conformance
bility of obtaining any other permission, consent or approxal from
with the approved plans submitted by the applicant or his agent as part
the U.S Army Corps of Engineers, U.S. Coast Guard. New York State
of the permit application.
Office of General Services or local government which may be required.
James A. Richter
Such approved plans were prepared by
12 All necessary precautions shall be taken to preclude contamination
4/05/95
of any wetland or waterway by suspended solids. sediments, fuels.
on
solvents, lubricants, epoxy coatings, paints. concrete. leachate or any
SPECIAL CONDITIONS
1. During construction, concrete or leachate shall not escape
or be discharged, nor shall washings from transit mix
trucks, mixers, or other devices enter tidal wetlands and or
protected buffer areas.
2. Any debris or excess material from construction of this
project shall be completely removed from the adjacent area
(upland) and removed to an approved upland area for
disposal. No debris is permitted in tidal wetlands and or
protected buffer areas.
3. There shall be no disturbance to vegetated tidal wetlands or
protected buffer areas as a result of the permitted
activity.
OIC PL MIT ,NU,OM R
1-4738-01090/00001-0
PROGRA.M FACII.ITY NUMBLR
Page 3 of 6
95-2"f (7187)— 25c NE�RK STATE DEPARTMENT OF ENVIRONMENTAL CONS&TION
SPECIAL CONDITIONS
For Article 75 ( Tidal Wetland
4. All areas of soil disturbance resulting from this project
shall be stabilized immediately following project completion
or prior to permit expiration, whichever comes first. The
approved methodologies are as follows:
a. stabilization of the entire disturbed area with appropriate
vegetation (grasses, etc.).
b. stabilized as per specifications identified on approved
plans.
C. temporarily stabilized with straw or hay mulch or jute
matting or other similar natural fiber matting within 1 week
of final grading. Temporary stabilization shall be
maintained until a mature vegetative cover is established.
5. The storage of construction equipment and materials shall be
confined to within the project work site and or upland areas
greater than 50 linear feet from the tidal wetland boundary.
6. All fill shall consist of "clean" sand, gravel, or soil (not
asphalt, flyash, broken concrete or demolition debris).
7. All peripheral berms, cofferdams, rock revetments, seawalls,
gabions, bulkheads etc. shall be completed prior to
placement of any fill material behind such structures.
8. Equipment operation below apparent high water is strictly
prohibited.
9. Prior to any construction or removal of bulkheads and other
shoreline stabilization structures all backfill shall be
excavated landward of the bulkhead and retained so as not to
enter the waterway, tidal wetland or protected buffer area.
10. A row of staked haybales shall be placed at the seaward edge
of the road shoulder prior to commencement of regulated
activities and remain in place until project is completed
and all disturbed areas are stabilized with vegetation.
11. Excavated sediments shall be placed directly into the
approved disposal site or conveyance vehicle. No
sidecasting (double dipping) or temporary storage of dredge
material is authorized.
DEC PERMIT NUMBER
FACILITY ID NUMBER
PROGRAM NUMBER
Page 4 of 6
95-20-6f j7187)- 25,: NEW 0 STATE DEPARTMENT OF ENVIRONMENTAL CONSERVON
SPECIAL CONDITIONS
For Article 25 ( Tidal Wetland
12. The disturbed wetland areas shall be planted with
appropriate wetland plants and the applicant shall ensure a
minimum of 85% survival of plantings by the end of five
growing seasons. If this goal is not met, the applicant
shall re-evaluate the restoration project in order to
determine how to meet the mitigation goal and submit plans
to be approved to the Bureau of Marine Habitat Protection,
Building 40 SUNY, Stony Brook, NY 11790-2356.
Supplementary Special Conditions'(A) through (F) attached
DEC PERMIT NUMBER
1-4738-01090/00001-0
FACILITY ID NUMBER
PROGRAM NUMBER
5 6
Page of
OPPLEMENTARY SPECIAL COND31ONS
low
The following conditions apply to all Tidal Wetlands; Freshwater
Wetlands; Coastal Erosion Management; and Wild, Scenic, and
Recreational Rivers Permits:
A. A copy of this permit, including all conditions and
approved plans, shall be available at the project site
whenever authorized work is in progress. The permit
sign enclosed with the permit shall be protected from
the weather and posted in a conspicuous location at the
work site until all authorized work has been completed.
B. The permittee shall require that any contractor,
project engineer, or other person responsible for the
overall supervision of this project reads, understands,
and complies with this permit and all its general,
special, and supplementary special conditions. Any
failure to comply precisely with all of the terms and
conditions of this permit, unless authorized in
writing, shall be treated as a violation of the
Environmental Conservation Law. If any of the permit
conditions are unclear, the permittee shall contact the
Division of Regulatory Affairs at the address on page
one or telephone (516) 444-0365.
C. If project design modifications become necessary after
permit issuance, the permittee shall submit the
appropriate plan changes for approval by the Regional
Permit Administrator prior to undertaking any such
modifications. The permittee is advised that
substantial modification may require submission of a
new application for permit.
D. At least 48 hours prior to commencement of the project,
the permittee and contractor shall sign and return the
top portion of the enclosed notification form
certifying that they are fully aware of and understand
all terms and conditions of this permit. Within 30
days of completion of the permitted work, the bottom
portion of that form shall also be signed and returned,
along with photographs of the completed work and, if
required, a survey.
E. For projects involving activities to be undertaken in
phases over a period of more than one year, the
permittee shall notify the Regional Permit
Administrator in writing at least 48 hours prior to
recommencing work in subsequent years..
F. The granting of this permit does not relieve the permittee
of the responsibility of obtaining a grant, easement, or
other necessary approval from the Division of Land
Utilization, Office of General Services, Tower Building,
Empire State Plaza, Albany, N'I 12242 (516) 474-2195, which
may be required for any encroachment upon State-owned lands
underwater.
DEC Permit No. 1-4738-01090/00001-0 Page 6 of 6
i
0
95-20-1 (8/87)-9d
New York State
Department of Environmental Conservation
AL
abaw NOTICE
Am
v
The Department of Environmental Conservation (DEC) has issued
permit(s) pursuant to the Environmental Conservation Law
for work being conducted at this site. For further information
regarding the nature and extent of work approved and any
Departmental conditions on it, contact the Regional Permit
Administrator listed below. Please refer to the permit number
shown when contacting the DEC.
Regional Permit Administrator
Permit Number I'4173F-O/O0i 0 /-0 ROBERT. A. GkttI'4t
Expiration Date `5-' 9Z- 9f _
NOTE: This notice is NOT a permit
INDEX TO REQUEST FOR PROPOSAL
PROPOSAL REQUIREMENTS
Request for Proposals A - 1 through A - 1
Instructions to Bidders B - 1 through B - 3
Proposal Form C - 1 through C - 2
Statement of Non -Collusion D-1 through D-2
N.Y.S. Affirmative Action Certification E - 1 through E - 1
AIA Bid Bond AIA Document # A310
GENERAL CONDITIONS
AIA General Conditions
AIA Document # A201
Supplementary General Conditions
G - 1 through G - 2
AIA Performance Bond
AIA Document # A311
General Release
H - 1 through H - 1
Prevailing Wage Rates
SECTION - L
Compliance with the Labor Law &
Other Dept. of Labor Regulations
M - 1 through M -10
Non -Discrimination Clause
N-1 through N-2
PROJECT REQUIREMENTS & GUIDELINES
General Conditions Page 1 through Page 1
Project Requirements & Guidelines Page 2 through Page 4
DRAWINGS & ATTACHMENTS
PLAN Dwg. # 1 A
CROSS SECTION Dwg. # 2 A
NYS DEC Permit Attached
Aluminum Box Culvert Catalog Attached
(CONTECH Construction Products Inc.)
REPLACEMENT OF BRUSHES CREEK BRIDGE
REQUEST FOR PROPOSALS ("RFP")
PROJECT: THE REPLACEMENT OF AN EXISTING BRIDGE AT BRUSHES CREEK
WITH THE INSTALLATION OF A STRUCTURAL PLATE BOX CULVERT.
The town Board of the Town of Southold will receive proposals for furnishing all of the
labor, materials and equipment as required for the replacement of the Brushes Creek
Bridge located on Peconic Bay Boulevard in Laurel, N.Y. in accordance with the project
requirements & guidelines as outlined by James A. Richter, R.A., Southold Town
Engineering Department, Peconic Lane, Peconic, N.Y.
PHASE I: RFP's 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 - MARCH 21. 1996
PHASE If: (If Required) RFP's will be reviewed and discussed to correct any deficiencies
in the contractors proposal.
PHASE III: Best and Final Offer shall be selected. This request for proposal 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.
All project requirements & guidelines 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 Request for Proposals. There are no
refunds.
The Town of Southold reserves the right to waive any informalities, and to reject any or all
bids, and to retain proposals for 45 days from the date of receipt. The CONTRACTOR
SHALL NOT withdraw his proposal 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.
Peerformance and Payment Bonds in the amount of fifty percent (50%) of the contract
price will be required of the successful bidder.
Dated: —.February 22, 1996 BY ORDER OF THE SOUTHOLD TOWN BOARD
By: Judith T. Terry
Southold Town Clerk
REPLACEMENT OF BRUSHES CREEK BRIDGE
U=iiI
INSTRUCTIONS TO BIDDERS
A. PROPOSALS
L�
Proposals must be made in strict accordance with the "Proposal Form" provided. The
bidders shall write in ink, both in words & numerals, the price for which he proposed: to
furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other
facilities, & to perform all labor and services necessary for the proper completion of the
work in strict accordance with the project requirements & guidelines, 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 Request for Proposals 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 & related prices have been reviewed and all proposal deficiencies
have been corrected, 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 has 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 requirements of the project, visit the site of work, and
fully inform themselves of all conditions and matters which can in any way affect the work
or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings,
specifications, or other documents or should he be in doubt as to their meaning, he should
at once notify the Architect who may issue a written instruction to all bidders.
REPLACEMENT OF BRUSHES CREEK BRIDGE
D. PUBLIC OPENING OF PROPOSALS
Proposals will be opened and read publicly at the time and place indicated in the Request
for Proposals. 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 practical after all deficiencies have been
corrected. A contract may be awarded to a responsible bidder other than the lowest
money bidder, if it is in the best interest of the Town. No bid may be withdrawn after
scheduled closing time for receipt of bids for a period of 45 days pending execution of a
contract by successful bidder. The competency and responsibility of the bidder and his
sub -contractors will be considered in making the award. The Town reserves the right to
waive any, technical error, to accept any bid, or to reject any or all bids. The 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 forty-five (45)
days after reviewing the best & final offers submitted by the bidders. 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.
F. WITHDRAWALS OF PROPOSALS
Any bidder upon his or her authorized representative's written request presented not later
than the hour set for the opening thereof, will be given permission to withdraw his proposal.
At the time of opening the proposals, when such proposals are reached, it will be returned
to him unread.
REPLACEMENT OF BRUSHES CREEK BRIDGE
c
G. REJECTION OF PROPOSALS
The Town reserves the right to waive any technical error and to reject any and/or all
proposals. Without limiting the generality of the foregoing, any proposal which in
incomplete, obscure, or irregular may be rejected; any proposal accompanied by an
insufficient or irregular certified check or bidder's bond bay be rejected, any proposal
having interlineation, erasure or corrections may be rejected.
H. PLANT & EQUIPMENT
The bidder shall state in his bid that be has available or under his control, plant and
equipment of the character and in the amount required to complete the proposed work
within the specific time.
TIME FOR EXECUTION OF CONTRACT
Any bidder whose proposal shall be accepted will be required to appear before the Town
in person; or if a firm or corporation, a duly authorized representative shall so appear, and
execute six (6) copies of the Contract within ten (10) days after notice that the Contract has
been awarded to him. Failure to execute Contract shall constitute a breach of the
agreement effected by the acceptance of the Proposal.
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 herein before 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 COMPLETE WORK
The contractor shall perform the work between 44afeh 15 & Ap4 15, in the year 1996 and
shall complete the work within the calendar day limit as set forth by him in his Proposal.
During this time, the Town will officially close the road for a period of ten (10) working days.
The actual closure dates will be coordinated with the Contractor prior to start of
construction.
REPLACEMENT OF BRUSHES CREEK BRIDGE
PROPOSAL FORM
DATE: `; 21 q G
NAME OF BIDDER: 0))e a 64,'eAd
1?� i��� Ia ��1� .5y(� 5�:�-i, ���,�t,��-� k'xx«r Cc;.t�,�����,�o� t���4���,►U��Il`�7
,
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 project requirements dated: February 5, 1996, including
bidding requirements, contract, general and special conditions, specifications, contract
drawings, and addenda, if any (Note: acknowledgement of addenda and their dates must
be included as indicated on bottom page); that he has satisfied himself by personal
examination of the proposed work, and by such other means as he may have chosen, as
to the conditions and requirements of the work; and he proposed and agrees that if his
proposal be accepted he will contract to furnish all materials not provided by the Town (See
Specifications) and to perform all the work required to construct, perform and complete the
work at:
BRUSHES CREEK BRIDGE, PECONIC BAY BOULEVARD
TOWN OF SOUTHOLD, LAUREL, NEW YORK
and all other work in connection therewith, in accordance with the project requirements and
addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering
Department, Peconic Lane, Peconic, New York 11958, and shall comply with all the
stipulations contained therein; and that he will start the work as directed by the Town, he
will accept, in full payment thereof as listed below:
REPLACEMENT OF BRUSHES CREEK BRIDGE
C-1
REMOVAL AND DISPOSAL OF THE EXISTING CONCRETE/STEEL BRIDGE
SPANNING BRUSHES CREEK. THE REMOVALAND DISPOSAL OF ALL GUARD
RAILS, WOODEN BULKHEAD AND THE WESTERLY CONCRETE ABUTMENT.
ASSEMBLY AND INSTALLATION OF NEW STRUCTURAL PLATE BOX
CULVERT, HEADWALLS AND WING PANELS AS SUPPLIED BY THE TOWN.
PROVIDE ALL REQUIRED EXCAVATIONS, GEOGRID & GEOTEXTILE,
BACKFILL MATERIAL, NEW ROAD SURFACE AND NEW GUARD RAILS.
FURNISH ALL LABOR & MATERIALS TO CONSTRUCT THE PROJECT IN
ACCORDANCE WITH THE PROJECT REQUIREMENTS. THE ABOVE
REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED
"LUMP SUM" OF:
(written in words)
(written in numbers)
f
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, shall have been deposited in the mail addressed to him at the
address given in the proposal, that he shall be considered to have abandoned the contract
and the sum represented by the certified check accompanying this proposal shall be
forfeited to the Town as Liquidated damages; otherwise the certified check shall be
returned to the bidder within forty-five (45) days after the date of receiving the proposals.
We the undersigned, further agree
correct any deficiencies in the R)
necessary, further agree that this Ili
period of forty-five (45) days, the l
agreement may extend this time p�
Signature of Bidder:
at this proposal shall be reviewed by the Town to
posed scope of work and, if no corrections are
o al is a f mal bid and shall remain in effect for a
v will pcc pt or reject this proposal or by mutual
Business Address:
Telephone Number: 516 d a13 - 5/00
Date: 11)0- k 04
REPLACEMENT OF BRUSHES CREEK BRIDGE
C-2
IF
Telephone Number: 516 d a13 - 5/00
Date: 11)0- k 04
REPLACEMENT OF BRUSHES CREEK BRIDGE
C-2
STATEMENT OF NON -COLLUSION
(To be completed by each Bidder)
In accordance with Section 103-d General Municipal Law, effective September 1, 1966,
every bid or proposal hereafter made to a political subdivision of the State of any public
department, agency, or official thereof or to a fore district or any agency or official 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, an in the case of a joint bid, each party thereto certifies as to its
own organization, under penalty of perjury, that to the best of knowledge and belief:
(1) The prices in this bid have been arrived at independently without collusion,
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 induoeanyother
person, partnership, or corporation to submit or not to submit a bid for the
purpose of restricting competition.
B. The person signing this bid or proposal certifies that he has fully informed himself
regarding the accuracy of the statements contained in this certification, and under
the statements contained in this certification, and under the penalties of perjury,
affirms the truth thereof, such penalties being applicable to the bidder, as well as
the person signing in its behalf.
C. That attached hereto (if a corporate bidder) is a certified copy of resolution
authorizing the execution of this certificate by the signature of this bid or proposal
in behalf of the corporate bidder.
REPLACEMENT OF BRUSHES CREEK BRIDGE
D-1
RESOLUTION
Resolved that e ,�, mu�.. be
(Name of Corporation)
authorized to sign and submit the bid or proposal of this corporation for the following
Project:
REPLACEMENT OF BRUSHES CREEK BRIDGE
WITH A STRUCTURAL PLATE BOX CULVERT
Peconic Bay Boulevard
Town of Southold
Laurel, New York 11948
and to include in such bid or proposal the certificate as to non -collusion required by section
one -hundred -three -d (103-d) of the General Municipal Law as the act and deed of such
corporation, and for any inaccuracies or mis-statements in such certificate this corporate
bidder shall be liable under the penalties of perjury.
The foregoing is true and correct copy of the resolution adopted by
corporation at a meeting of the Board of Directors, held on the
,)/at day of 19 q<
(SEAL OF THE CORPORATION)
Laws of New York, 1965
Ch. 751, Sec. 103-d, as amended
effective September 1, 1965
REPLACEMENT OF BRUSHES CREEK BRIDGE
D-2
0
•
NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION
(TO BE COMPLETED BY EACH BIDDER)
Bidder's Certifications:
A bidder will not be eligible for award of a contract under this Invitation for Bids unless such
bidder has submitted as a part of its bid the following certification, which will be deemed
a part of the resulting contract:
BIDDER'S CERTIFICATION
(Bidder)
Certifies that:
it intends to use the following listed construction trades in the work under the
contract t vg's lc'resr+yf
and,
2. a. as to those trades set forth in the preceding paragraph one hereof for which
it is eligible under Part 1 of these Bid Conditions for participation in the
Nassau -Suffolk County Plan
it will comply with the said County area within the scope of coverage of that
Plan, those trades being:
/4.// /ICY'. cf o c
; and/or,
b. as to those trades for which it is required by these Bid Conditions to comply
with Part II of these Bid Conditions, it adopts the minimum minority man-
power utilization goals and the specific affirmative action steps contained in
said Part II, for all construction work (both state and non -state) in the afore-
mentioned area subject to these Bid Conditions, these trades being:
and,
3. it will obtain from #Jhhof its subcontractors and submit to the contracting or
administering agenct t award of an subcontractor under this contract the
subcontractor certifire aired by thes id onditions.
(Signa a of A thorized Representative of Bidder)
REPLACEMENT OF BRUSHES CREEK BRIDGE
E-1
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 P4incipal 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 progecution.
1
r
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, Chesterfield Associates, inc,
56 South CotLCLt� �Sl•. Westhampton Reac_hr NY 11978 as Principal,
and Fidelity and Deposit Company of Maryland, as Surety, are hereby held and firmly bound unto
Town of Southold, NY
as Obligee
in the penal sum of Five Percent (5%) of the amount bid
for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns.
Signed this 21st day of March -19%
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That, WHEREAS the Principal has submitted to the
Obligee Town of Southold, NY
a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing, for the
Replacement of Brushes Creek Bridge, Laurel, NY
NOW, THEREFORE,
(a) If said Bid shall be rejected, or, in the alternate
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract
attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful per-
formance of said Contract, and for the payment of all persons performing labor or furnishing materials in
connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid,
Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and
agreed that the viability of the Surety or any and ail claims hereunder shall, in no event, exceed the penal amount of this
obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be
in no way impaired or affected by any extension of the time within which the Obligee may accept such bid; and said Surety
does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as
are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,
the day and year first set forth above.
a
Chest' ' ield Associates. Inc.
Principal
By
FIDELITY AND DEP PANY OF MARYLAND
By —
C2424Mb-500.2-95 Robert G. Tynan, Attorney-in-fact
r
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BALTIMORE, MD
W ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the
of Maryland, b C. M. PECOT, JR., Vice -President, and C. W. ROBBINS
ant Secretary, to pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set
on the reverse side hereof and are hereby certified to be in till_ force and effect on the date hereof, does hereby nominate,
tute and appoint William F. Tynan, III and 'Robert G.,.Tynan, both of Garden City,
York, EACH ........................
true and lawful agent and Attorney -in -Fact, to make, execute-," and deliver,.for, and on its behalf as surety, and as its act and deed:
y and all bonds and undertakings. .............................................
b5315 execution of such bonds or undertakings iu''iirsuance of these presents, shall be as binding upon said Company, as fully
nd amply, to all intents and purposes, as if thej+ d been duljrexecuted and acknowledged by the regularly elected officers of
he Company at its office in Baltimore, Md.,'u tl%ir own pro- This power of attorney revokes
.hat issued on behalf of Wilh`iam F. TyTri; III, etal, dated, August 10, 1983.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
lection 2, of the By -Laws of said Com patty, and is noir"in force.
IN WITNESS WHEREOF, the saidN- Presidenvand Assistant Secretary have hereunto subscribed their names and affixed the
:orporate June f the said FIDELITY$ 7 D DEPOSLT'COMPANY OF MARYLAND, this 8 t h day of
A.D. 19_
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST: �SEAL3
------------------�- -2 ---�----.--------------- By---------------------- =_-__=-�--- --------------
- - --- - ---
------------------ --
Assistant Secretary Vice-1'resi ent
STATE OF ;MARYLAND
CrrY OF BALTIMORE �'
On this 8th day of June , A.D. 19 87 , before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned 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 Official Seal, at the City of Baltimore, the day and
year first above written.
�:• oa
• — Notary Pudi, Commis ' n pines Ju l y 1. 1990
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 specially 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, 1969.
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 TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
day of— M 'XV CLx , 19A -L .
093-2764
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
&"%UC „=�
STATE OF___—_ C 4K
------------------------------- l
t
COUNTY OF-- sv—�-�---------------------- - SS:)
On this_--.____ rel __---_day ______19__G,__�_, before me personally came
�.-/6c,�.t o
1J. S,•,;�, «-
appeared ------- ----------- -=�--------
with
--
with whom I am personally acquainted, who, being by me duly sworn, did depose and say:
That he resides at J- e—l—, �he is the
ofthe-------.____-____--------�---------------------------------------------------------------------_____
the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation;
that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors, and that he signed his
name thereto by like order.
JOAN K LOWELL
< `'� _`__—!_ -
No,W , 8We d NewYak
-----
i Notary Public
No. 48%W, StrlftC*j*
BRI113133-3M. 9-93 CWenmw Eor" L" 18, fw
Cqunry
ss: =_ ~Dy ---.�:::-.:�........-- ----f ---------------------
Aaeiatnnt Secre ----.� ..
STATE OF MARYLAND t8ry ViCe�Presi ent
CrrY OF BALTIMORE )
On this 8th day of June , A.D. 19 87 , before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice -President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to he 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 Official Seal, at the City of Baltimore, the day and
year first above written.
STATE OF Nlrw ><v...�
COUNTY OF_— Na -
5 -Sall -SS:
CITY OF:_—_----_— JJJ
5 rc , 19-1-4, before me
On this_��_____�_ �-� —day of �A in the year 19
personally came______RQhPrt—G— T= na - — —_to me known, who, being by me duly sworn, did
depose and say that he resided in the City of___GardZLGl.y_�J------ — - that he was the Attorney -in -Fact of the
Fidelity and Deposit Company of Maryland, the corporation named in and which executed the within instrument; that he knew the
seal of such 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 signed his name thereto by like order. And that the liabilities of said Company do not
exceed its assets as ascertained in the manner provided in Section 183 of the Insurance law, constituting Chapter 33, of the Consolidated
Laws of the State of New York.
rmrAITa P!77 -
N''
„ a.'
BR(93)94-61v1, 11-9•_' 336845-�-
vzi3t 146
--- ----------------------- --- ---
---------------------- -
Notary Public / County
' FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
HOME OFFICE: BALUMORE, MD. 21203
Statement of Financial Condition
AS OF JUNE 30, 1995
The
go.
Companies
ASSETS
Bonds..............................................................................$ 398,186,923
Stocks............................................................................. 173,766,860
RealEstate:......................................................................... 3,110,428
Cash in Banks and Offices and Short Term Investments ..................................... 18,329,767
Premiums in Course of Collection (less than 90 days old) ................................... 32,301,958
Reinsurance and Other Accounts Receivable ............................................... 23,322,045
TOTAL ADMITTED ASSETS............................................................$ 649,017,981
LIABILITIES, SURPLUS AND OTHER FUNDS
Reserve for Unearned Premiums.......................................................$ 146,971,752
Reserve for Claims and Claim Expenses .................................................. 227,696,067
Reserve for Taxes and Expenses........................................................ 8,027,692
Miscellaneous........................................................................ 22,699,819
TOTAL LIABILITIES..................................................................$ 405,395,330
Capital Stock, Paid Up ........................................... $ 5,000,000
Surplus........................................................ 238,622,651
Surplus as regards Policyholders........................................................ 243,622,651
TOTAL............................................................................$ 649,017,981
Securities carried at $23,081,000 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
June 30, 1995 market quotations for all bonds and stocks owned, the Company's total admitted assets would be
$665,955,346 and surplus as regards policyholders $260,560,016.
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 30th day of June,
1995, according to the best of my information, knowledge and belief.
------------------------ ------------
-----------' -
reasurer
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 30th
day of June, 1995.---,,
efjN OTA p,::m-
?; �P U 811 CiQ a
•.,. AP C1i ____
Notary Public
My commission expires June 3, 1997.
Lf1581i—i
$25.00 nonrefundable fee*
BID - REPLACE EXISTING BRIDGE AT BRUSHES CREEK
WITH STRUCTURAL PLATE BOX CULVERT.
BID OPENING: 11:00 A.M., March 21, 1996.
3/7 1. Chesterfield Assocs. , 56 S. Country Rd., Westhampton Beach, NY 11978- 288-5100
Steve Humphreys
3/7 2. Bi -County Construction Corp., 21 Commercial Blvd., P-ledford, NY 11763
516-732-0800 Fax- 732-1103
3/7 3. James H. Rambo, Inc., Bishops La., Southampton, NY 11968 -'283-1254
3/8 4. Terry Contrg. 8 Materials, Inc., 840 W. Main St., Riverhead, NY 11901 - 727-0170
3/11 5. Araz Industries, Inc., 55 lamar St., West Babylon, N.Y. 11704 491-1229
3/12 6. L.L.L. Industries, Inc. 19B Stiriz Rd., Brookhaven, NY 11719, 516-286-3222
Linda M. Lyon, Pres. Linda Roth- V -Pres
3/13 7. AMMA Construction Corp., 192 W 9th St, Huntington Sta., NY 11746 516-351-6124
3/13/ 8. Sypher Construction 8 Paving Corp. 369-1375
3/14/96 9. Costello Marine Contracting Corp., Box 2124, Greenport, NY 11944 477-1199
3/14 10. Corazzini Asphalt Inc., Box 555, 100 Lupen Dr.,Cutchogue,N.Y. 734-5600
3/14 11' S. Corwin Landscaping 8 Excavating Corp., P.O. Box 276, Greenport, N.Y. 477-1476
AMMA CONSTRUCTION ')RP.
192 West 9th Street
HUNTLAGTON STATION, NEW YORK 11746
(516) 351-6124
FA (516) 351-7062
TO 76r -,71,y,
ME�U'LA VF UQMSEO` URL
DATE JOB NO.
ATTENTION
RE:
l
> WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
A&h SOV
SwAlk id Town Chic
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
> ❑ As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ FOR BIDS DUE 19
REMARKS
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
40% Pre -Consumer Content -10 % Post -Consumer Content SIGNED: lX!
IF ., n n• rI r,l� rii3O ,if; minl*d kiindbr nolifr us at once.
LEGAL NOTICE
REQUEST FOR
PROPOSALS
NOTICE IS HEREBY
GIVEN that the Town Board
of the Town of Southold will
receive proposals for furnish-
ing all of the labor, materials
and equipment as required for
the replacement of the Brushes
Creek Bridge located on
Peconic Bay Boulevard in Lau-
rel, NY, in accordance with the
project requirements and
guidelines as outlined by
James A. Richter, R.A.,
Southold Town Engineering
Department, Peconic Lane,
Peconic, NY.
PHASE I: Request for Pro-
posals will be reviewed at the
office of the Southold Town
Clerk, Southold Town Hall,
53095 Main Road, Southold,
NY 11971, until 11:00 A.M.,
Thursday, March 21, 1996.
PHASE II: (If required)
RFP's will be reviewed and dis-
cussed to correct any deficien-
cies in the contractor's pro-
posal.
PHASE III: Best and Final
Offer shall be selected. This
request for proposal 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.
All project requirements
and guidelines 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 Request for
Proposals. There are no re-
funds.
The Town of Southold re-
serves the right to waive any
informalities, and to reject any
or all bids, and to retain pro-
posals for 45 days from the date
of receipt. The CONTRAC-
TOR SHALL NOT withdraw
his proposal during this period.
Bid Security in the form of
a certified check or Bid Bond
in the amount of 5% ofthe Base
Bid will be required of each
bidder.
Performance and Payment
Bonds in the amount of fifty_
percent (50%) of the contract
price will be required of the
successful bidder.
DATED: February 22,
1996.
JUDITH T. TERRY,
SOUTHOLD TOWN
CLERK
IX -3/7/96(17)
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Joey Mac Lellan, being duly sworn, says that
he is the Editor, of the TRAVELER -WATCHMAN,
a public newspaper printed at Southold, in Suf-
folk County; and that the notice of which the
annexed is a printed copy, has been published
in said Traveler -Watchman once each week for
............................................ ......................... weeks
successively, commencing on the ....................
day of .......................%? °... ........,19j`..
Sworn to before me this ....................... day of
19.y�. ......................................................,
, � �.. - �
r.. ..
Notary Public
BARBARA A. SCHNEIDER
NOTiiRY f'UELIC, State of New York
No. Q0246
Qua!ilsed in Suffolk County J
Commission Expires 8/$1/16
STATE OF NEW YORK)
SS.
COUNTY OF SUFFOLK)
i;
i'
JUDITH T. TERRY, Town Clerk of the Town of Southold, New York,
being duly sworn, says that on the 29th day of February 1996,
I
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
I
Board, Southold Town Hall, Njlain Road, Southold, New York 11971.
i
Request for Proposals, replacement of an existing bridge at Brushes Creek;
with the installation of a structural plate box culvert. Bid opening: 11:00'
A.M., Thursday, March 21, 1996, Southold Town Clerk's Office.
I'.
�T.
Judith T. Terry
Southold Town Clerk
Sworn to before me this
29th day of February 1996.
Notary Public
JOYCE M. WILKINS
Notary Public, State of New York
No. 4952246, Suffolk Coun
Term Expires June 12, 19 7
!I
• 0
LEGAL NOTICE
REQUEST FOR PROPOSALS
NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Southold
will receive proposals for furnishing all of the labor, materials and
equipment as required for the replacement of the Brushes Creek Bridge
located on Peconic Bay Boulevard in Laure, N.Y., in accordance with the
project requirements and guidelines as outlined by James A. Richter, R.A.,
Southold Town Engineering Department, Peconic Lane, Peconic, N.Y.
PHASE I: Request for Proposals will be received at the office of the
Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, N.Y.
11971, until 11:00 A.M., Thursday, March 21, 1996.
PHASE I I : (If required) RFP's will be reviewed and discussed to correct
any deficiencies in the contractor's proposal.
PHASE III: Best and Final Offer shall be selected. This request for
proposal 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.
All project requirements and guidelines 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 Request for
Proposals. There are no refunds.
The Town of Southold reserves the right to waive any informalities, and
to reject any or all bids, and to retain proposals for 45 days from the date
of receipt. The CONTRACTOR SHALL NOT withdraw his proposal 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 fifty percent (50%) of the
contract price will be required of the successful bidder.
DATED: February 22, 199G.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON MARCH 7, 1996, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Traveler -Watchman
Town Board Members
Town Attorney
Superintendent of Highways Jacobs
Engineering Inspector Richter
Dodge Reports
Brown's Letters
Burrelle's Information Services
Construction Data Corporation
Town Clerk's Bulletin Board
/.. LEGAL NOTICE
REQUEST FOR PROPOSALS
NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Southold
will receive proposals for furnishing all of the labor, materials and
equipment as required for the replacement of the Brushes Creek Bridge
located on Peconic Bay Boulevard in Laure, N.Y., in accordance with the
project requirements and guidelines as outlined by James A. Richter, R.A. ,
Southold Town Engineering Department, Peconic Lane, Peconic, N.Y.
PHASE I: Request for Proposals will be received at the office of the
Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, N.Y.
11971, until 11:00 A.M., Thursday, March 21, 1996.
PHASE 11: (If required) RFP's will be reviewed and discussed to correct
any deficiencies in the contractor's proposal.
PHASE III: Best and Final Offer shall be selected. This request for
proposal 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.
All project requirements and guidelines 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 Request for
Proposals. There are no refunds.
The Town of Southold reserves the right to waive any informalities, and
to reject any or all bids, and to retain proposals for 45 days from the date
of receipt. The CONTRACTOR SHALL NOT withdraw his proposal 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 fifty percent (500) of the
contract price will be required of the successful bidder.
DATED: February 22, 199.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON MARCH 7, 1996, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Traveler -Watchman
Town Board Members
Town Attorney
Superintendent of Highways Jacobs
Engineering Inspector Richter
Dodge Reports
Brown's Letters
Burrelle's Information Services
Construction Data Corporation
Town Clerk's Bulletin Board
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
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) 765-1800
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 22, 1996:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Town Clerk Judith T. Terry to advertise for bids -to install
an aluminum box culvert at the Brushes Creek Bridge, Peconic Bay
Boulevard, Laurel, New York.
Judith T. Terry
Southold Town Clerk
February 23, 1996
C
RESOLVED the Town Board of the Town of Southold hereby authorizes and directs
Town Clerk Judith T. Terry to advertise for bids to install an aluminum box culvert, at
the Brushes Creek Bridge, Peconic Bay Boulevard, Laurel.
This project is funded by a grant from NYSDOT
If you have any questions on the above, please contact Jim McMahon.